83 FR 47071 - Transporting Bows and Crossbows Across National Park System Units
DEPARTMENT OF THE INTERIOR
National Park Service Federal Register Volume 83, Issue 181 (September 18, 2018)
National Park Service
Federal Register Volume 83, Issue 181 (September 18, 2018)
| Page Range | 47071-47073 | |
| FR Document | 2018-20093 |
[Federal Register Volume 83, Number 181 (Tuesday, September 18, 2018)] [Rules and Regulations] [Pages 47071-47073] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20093] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Part 2 [Docket ID: NPS-2018-0003; NPS-WASO-25595; PPWOVPADU0/PPMPRLE1Y.Y00000] RIN 1024-AE44 Transporting Bows and Crossbows Across National Park System Units AGENCY: National Park Service, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The National Park Service allows individuals to carry or possess an unloaded bow or crossbow within the National Park System when accessing otherwise inaccessible lands or waters contiguous to a park area when other means of access are otherwise impracticable or impossible. DATES: This rule is effective on October 18, 2018. ADDRESSES: The comments received on the proposed rule and an economic analysis are available on www.regulations.gov in Docket ID: NPS-2018- 0003. FOR FURTHER INFORMATION CONTACT: Jay Calhoun, NPS Regulations Program, 1849 C Street NW, Washington, DC 20240. Phone: (202) 513-7112. Email: [email protected]. SUPPLEMENTARY INFORMATION: Background National Park Service (NPS) regulations at 36 CFR 2.4(b)(3) allow bows and crossbows that are not ready for immediate use to be possessed by individuals in NPS-administered areas within a mechanical mode of conveyance. This provides regulatory relief for transient individuals passing through park areas in vehicles and other forms of mechanical transport. This rule extends this relief to individuals transporting unloaded bows and crossbows on foot or horseback when accessing otherwise inaccessible lands or waters contiguous to a park area when other means of access are otherwise impracticable or impossible. Possessing bows and crossbows in this manner is subject to applicable state laws and is not allowed if the individual is otherwise prohibited by law from possessing a bow or crossbow. This rule recognizes and addresses the difficulties faced by some individuals attempting to access private property or other lands and waters adjacent to NPS-administered areas. In some cases, the use of mechanical transport to access these adjacent lands and waters is impracticable. As a result, individuals must traverse NPS areas on foot or horseback to reach these lands and waters but under existing regulations cannot do so with bows and crossbows without first obtaining a permit from the park Superintendent. This rule removes the permit requirement in order to carry or possess bows or crossbows for this purpose. This rule does not change the regulations in 36 CFR part 2 governing the use of a bow or crossbow in park areas. Summary of and Responses to Public Comments on the Proposed Rule The NPS published the proposed rule on March 2, 2018 (83 FR 8959), with request for public comment through the Federal eRulemaking portal at www.regulations.gov, or by mail or hand delivery. The 60-day comment period ended on May 1, 2018. The NPS received 40 comments, 34 of which supported the proposed rule and did not request any changes. Other comments were not in favor of the proposed rule or were in favor but suggested changes. A summary of these comments and NPS responses is provided below. After taking the public comments into consideration, the NPS has not made any changes in the final rule. 1. Comment. Several commenters expressed concern that the rule will cause individuals to use bows and crossbows illegally, either within the National Park System or on adjacent lands where hunting is not allowed. These commenters are concerned that this illegal activity will adversely impact threatened or endangered wildlife. NPS Response: This rule does not change NPS regulations governing the use of weapons, including bows and crossbows, within the National Park System. Illegal hunting will remain illegal in the same manner that it was before this rule. Unfortunately illegal hunting and trapping does occur. NPS law enforcement staff work alone and with state and local partners to identify illegal activity and prosecute offenders according to the law. The NPS does not believe that individuals who are willing to hunt and trap illegally will be emboldened by this rule. These individuals are unlikely to have requested a permit from the NPS prior to bringing bows and crossbows into NPS areas in order to hunt or trap illegally. Existing NPS regulations allow individuals to travel through NPS lands with bows and crossbows in a motor vehicle. The NPS does not believe that a person who is willing to engage in illegal hunting would be deterred from doing so by existing regulation, which requires motorized transport of his or her bow or crossbow, especially when NPS regulations allow individuals to carry firearms within the National Park System outside of a motor vehicle without needing to obtain a permit. 2. Comment. Several commenters were concerned that this rule would result in individuals leaving bows, crossbows, and related equipment, such as arrows and quivers, behind on NPS lands. [[Page 47072]] NPS Response: The NPS has no reason to believe that individuals would intentionally leave this type of equipment behind in NPS areas. NPS regulations at 36 CFR 2.22 prohibit abandoning property. 3. Comment. One commenter supported removing the permit requirement, but suggested that the NPS also remove the requirement that an individual must be accessing otherwise ``inaccessible'' lands or waters. This commenter also suggested that the NPS change the requirement that ``other means of access are otherwise impracticable or impossible'' to ``impracticable or less convenient.'' NPS Response: The language limiting possession to situations when individuals are ``accessing otherwise inaccessible lands or waters contiguous to a park area when other means of access are otherwise impracticable or impossible'' has been part of NPS regulations concerning permits to carry weapons since 1983 (48 FR 30282, June 30, 1983). This language helps ensure that individuals transport bows and crossbows through NPS lands for legitimate purposes, such as accessing private property or other public lands that cannot be accessed another way--either through the National Park System in a motor vehicle or through a non-NPS area. 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. The NPS has developed this rule in a manner consistent with these requirements. Reducing Regulation and Controlling Regulatory Costs (Executive Order 13771) This rule is an E.O. 13771 deregulatory action because it imposes less than zero costs by removing a regulatory permit requirement that imposes unnecessary costs upon individuals seeking to safely access remote lands and waters. The costs associated with the requirement to obtain a permit before transporting a bow or crossbow across NPS lands or waters outside of a mechanical conveyance are eliminated. 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 information contained in the economic analyses found in the report entitled ``Benefit-Cost and Regulatory Flexibility Analyses: Cost-Benefit and Regulatory Flexibility Analyses: Transporting Bows and Crossbows Across National Park System Units'' that is available to the public on regulations.gov in Docket ID: NPS-2018-0003. 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 (2 U.S.C. 1531 et seq.) 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 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 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. The NPS has evaluated this rule under the criteria in Executive Order 13175 and under the Department's tribal consultation policy and has 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 information collection requirements, and a submission to the Office of Management and Budget under the Paperwork Reduction Act is not required. The NPS may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number. National Environmental Policy Act This rule does not constitute a major Federal action significantly affecting the quality of the human environment. A [[Page 47073]] detailed statement under the National Environmental Policy Act of 1969 (NEPA) is not required because the NPS intends to categorically exclude this rule under 516 DM 12.5(A)(10). This rule modifies existing NPS regulations in a manner that does not increase public use or introduce non-compatible uses to the extent of compromising the nature and character of the National Park System or causing physical damage to it. The rule does 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 extraordinary circumstances listed in 43 CFR 46.215 that would require further analysis under NEPA. Effects on the Energy Supply (Executive Order 13211) This rule is not a significant energy action under the definition in Executive Order 13211. A Statement of Energy Effects in not required. List of Subjects in 36 CFR Part 2 National parks, Reporting and recordkeeping requirements. In consideration of the foregoing, the National Park Service amends 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. 2.4 as follows: 0 a. Redesignate paragraph (b)(3) as paragraph (b)(3)(i). 0 b. Add a new paragraph (b)(3)(ii). 0 c. Revise paragraph (e) introductory text. The addition and revision read as follows: Sec. 2.4 Weapons, traps and nets. * * * * * (b) * * * (3) * * * (ii) An individual may carry or possess an unloaded bow or crossbow when accessing otherwise inaccessible lands or waters contiguous to a park area when other means of access are otherwise impracticable or impossible if: (A) The individual is not otherwise prohibited by law from possessing the bow or crossbow; and (B) The possession of the bow or crossbow is in compliance with the law of the State in which the park area is located. * * * * * (e) The superintendent may issue a permit to carry or possess a weapon that is not otherwise authorized, a trap, or a net under the following circumstances: * * * * * Andrea Travnicek, Principal Deputy Assistant Secretary--Water and Science, Exercising the Authority of the Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2018-20093 Filed 9-17-18; 8:45 am] BILLING CODE 4310-EJ-P
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an LEA for current expenditures for unloaded bow or crossbow within the Summary of and Responses to Public
educational services. ‘‘Local tax National Park System when accessing Comments on the Proposed Rule
revenues’’ include the proceeds of ad otherwise inaccessible lands or waters
valorem taxes, sales and use taxes, The NPS published the proposed rule
contiguous to a park area when other
income taxes and other taxes. Where a on March 2, 2018 (83 FR 8959), with
means of access are otherwise
State funding formula requires a local request for public comment through the
impracticable or impossible. Federal eRulemaking portal at
contribution equivalent to a specified
mill tax levy on taxable real or personal DATES: This rule is effective on October www.regulations.gov, or by mail or hand
property or both, ‘‘local tax revenues’’ 18, 2018. delivery. The 60-day comment period
include any revenues recognized by the ended on May 1, 2018. The NPS
ADDRESSES: The comments received on received 40 comments, 34 of which
State as satisfying that local the proposed rule and an economic
contribution requirement. supported the proposed rule and did not
analysis are available on request any changes. Other comments
Local tax revenues covered under a
www.regulations.gov in Docket ID: NPS– were not in favor of the proposed rule
State equalization program means
2018–0003. or were in favor but suggested changes.
‘‘local tax revenues’’ as defined in
paragraph (c) of this section contributed FOR FURTHER INFORMATION CONTACT: Jay A summary of these comments and NPS
to or taken into consideration in a State Calhoun, NPS Regulations Program, responses is provided below. After
aid program subject to a determination 1849 C Street NW, Washington, DC taking the public comments into
under this subpart, but excluding all 20240. Phone: (202) 513–7112. Email: consideration, the NPS has not made
revenues from State and Federal waso_regulations@nps.gov. any changes in the final rule.
sources. 1. Comment. Several commenters
Revenue means an addition to assets SUPPLEMENTARY INFORMATION: expressed concern that the rule will
that does not increase any liability, does Background cause individuals to use bows and
not represent the recovery of an crossbows illegally, either within the
expenditure, does not represent the National Park Service (NPS) National Park System or on adjacent
cancellation of certain liabilities regulations at 36 CFR 2.4(b)(3) allow lands where hunting is not allowed.
without a corresponding increase in bows and crossbows that are not ready These commenters are concerned that
other liabilities or a decrease in assets, for immediate use to be possessed by this illegal activity will adversely
and does not represent a contribution of individuals in NPS-administered areas impact threatened or endangered
fund capital in food service or pupil within a mechanical mode of wildlife.
activity funds. Furthermore, the term conveyance. This provides regulatory NPS Response: This rule does not
‘‘revenue’’ includes only revenue for relief for transient individuals passing change NPS regulations governing the
current expenditures. use of weapons, including bows and
State aid means any contribution, no through park areas in vehicles and other
forms of mechanical transport. This rule crossbows, within the National Park
repayment for which is expected, made
extends this relief to individuals System. Illegal hunting will remain
by a State to or on behalf of LEAs within
transporting unloaded bows and illegal in the same manner that it was
the State for current expenditures for
crossbows on foot or horseback when before this rule. Unfortunately illegal
the provision of free public education.
Total local tax revenues means all accessing otherwise inaccessible lands hunting and trapping does occur. NPS
‘‘local tax revenues’’ as defined in or waters contiguous to a park area law enforcement staff work alone and
paragraph (c) of this section, including when other means of access are with state and local partners to identify
tax revenues for education programs for otherwise impracticable or impossible. illegal activity and prosecute offenders
children needing special services, Possessing bows and crossbows in this according to the law. The NPS does not
vocational education, transportation, manner is subject to applicable state believe that individuals who are willing
and the like during the period in laws and is not allowed if the individual to hunt and trap illegally will be
question but excluding all revenues is otherwise prohibited by law from emboldened by this rule. These
from State and Federal sources. possessing a bow or crossbow. individuals are unlikely to have
requested a permit from the NPS prior
* * * * * This rule recognizes and addresses to bringing bows and crossbows into
[FR Doc. 2018–20221 Filed 9–17–18; 8:45 am] the difficulties faced by some NPS areas in order to hunt or trap
BILLING CODE 4000–01–P individuals attempting to access private illegally. Existing NPS regulations allow
property or other lands and waters individuals to travel through NPS lands
adjacent to NPS-administered areas. In with bows and crossbows in a motor
DEPARTMENT OF THE INTERIOR some cases, the use of mechanical vehicle. The NPS does not believe that
transport to access these adjacent lands a person who is willing to engage in
National Park Service
and waters is impracticable. As a result, illegal hunting would be deterred from
36 CFR Part 2 individuals must traverse NPS areas on doing so by existing regulation, which
foot or horseback to reach these lands requires motorized transport of his or
[Docket ID: NPS–2018–0003; NPS–WASO– and waters but under existing her bow or crossbow, especially when
25595; PPWOVPADU0/PPMPRLE1Y.Y00000] regulations cannot do so with bows and NPS regulations allow individuals to
RIN 1024–AE44 crossbows without first obtaining a carry firearms within the National Park
permit from the park Superintendent. System outside of a motor vehicle
Transporting Bows and Crossbows This rule removes the permit without needing to obtain a permit.
daltland on DSKBBV9HB2PROD with RULES
Across National Park System Units requirement in order to carry or possess 2. Comment. Several commenters
AGENCY: National Park Service, Interior. bows or crossbows for this purpose. were concerned that this rule would
ACTION: Final rule. This rule does not change the result in individuals leaving bows,
regulations in 36 CFR part 2 governing crossbows, and related equipment, such
SUMMARY: The National Park Service the use of a bow or crossbow in park as arrows and quivers, behind on NPS
allows individuals to carry or possess an areas. lands.
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![Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Rules and Regulations 47073
detailed statement under the National (e) The superintendent may issue a FOR FURTHER INFORMATION CONTACT: Jeff
Environmental Policy Act of 1969 permit to carry or possess a weapon that Hunt at (206) 553–0256, or hunt.jeff@
(NEPA) is not required because the NPS is not otherwise authorized, a trap, or a epa.gov.
intends to categorically exclude this net under the following circumstances: SUPPLEMENTARY INFORMATION:
rule under 516 DM 12.5(A)(10). This * * * * * Throughout this document wherever
rule modifies existing NPS regulations ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
in a manner that does not increase Andrea Travnicek,
intended to refer to the EPA.
public use or introduce non-compatible Principal Deputy Assistant Secretary—Water
uses to the extent of compromising the and Science, Exercising the Authority of the I. Background Information
Assistant Secretary for Fish and Wildlife and
nature and character of the National On July 19, 2018, the EPA proposed
Parks.
Park System or causing physical damage to approve Oregon as meeting the
[FR Doc. 2018–20093 Filed 9–17–18; 8:45 am]
to it. The rule does not conflict with requirement that each SIP contain
BILLING CODE 4310–EJ–P
adjacent ownerships or lands uses, or adequate provisions to prohibit
cause a nuisance to adjacent owners or emissions that will contribute
occupants. We have also determined significantly to nonattainment or
that the rule does not involve any of the ENVIRONMENTAL PROTECTION interfere with maintenance of the 2012
extraordinary circumstances listed in 43 AGENCY PM2.5 NAAQS in any other state (83 FR
CFR 46.215 that would require further 34094). An explanation of the Clean Air
40 CFR Part 52
analysis under NEPA. Act requirements, a detailed analysis of
[EPA–R10–OAR–2018–0505; FRL–9983– the submittal, and the EPA’s reasons for
Effects on the Energy Supply (Executive 95—Region 10] proposing approval were provided in
Order 13211)
the notice of proposed rulemaking, and
This rule is not a significant energy Air Plan Approval; Oregon; Interstate will not be restated here. The public
action under the definition in Executive Transport Requirements for the 2012 comment period for the proposal ended
Order 13211. A Statement of Energy PM2.5 NAAQS August 20, 2018.
Effects in not required. AGENCY: Environmental Protection II. Response to Comments
List of Subjects in 36 CFR Part 2 Agency (EPA).
We received one comment in support
National parks, Reporting and ACTION: Final rule.
of the proposed rulemaking and several
recordkeeping requirements. SUMMARY: The Clean Air Act (CAA) anonymous comments unrelated to
In consideration of the foregoing, the requires each State Implementation Plan Oregon’s submission. After reviewing
National Park Service amends 36 CFR (SIP) to contain adequate provisions the anonymous comments, we have
part 2 as set forth below: prohibiting emissions that will have determined that the comments are
certain adverse air quality effects in outside the scope of our proposed action
PART 2—RESOURCE PROTECTION, other states. On October 20, 2015, the and fail to identify any material issue
PUBLIC USE AND RECREATION State of Oregon made a submission to necessitating a response. For more
the Environmental Protection Agency information, please see our
■ 1. The authority citation for part 2 memorandum included in the docket for
continues to read as follows: (EPA) to address these requirements.
The EPA is approving the submission as this action.
Authority: 54 U.S.C. 100101, 100751, meeting the requirement that each SIP
320102. III. Final Action
contain adequate provisions to prohibit
■ 2. Amend § 2.4 as follows: The EPA is approving Oregon’s
emissions that will contribute
■ a. Redesignate paragraph (b)(3) as October 20, 2015, submission certifying
significantly to nonattainment or
paragraph (b)(3)(i). that the SIP is sufficient to meet the
interfere with maintenance of the 2012
■ b. Add a new paragraph (b)(3)(ii). interstate transport requirements of
annual fine particulate matter (PM2.5)
■ c. Revise paragraph (e) introductory Clean Air Act section 110(a)(2)(D)(i)(I),
national ambient air quality standard
text. specifically prongs one and two, as set
(NAAQS) in any other state.
The addition and revision read as forth in the proposed rulemaking for
DATES: This final rule is effective
follows: this action.
October 18, 2018.
§ 2.4 Weapons, traps and nets. ADDRESSES: The EPA has established a IV. Statutory and Executive Order
* * * * * docket for this action under Docket ID Reviews
(b) * * * No. EPA–R10–OAR–2018–0505. All Under the Clean Air Act, the
(3) * * * documents in the docket are listed on Administrator is required to approve a
(ii) An individual may carry or the https://www.regulations.gov SIP submission that complies with the
possess an unloaded bow or crossbow website. Although listed in the index, provisions of the Clean Air Act and
when accessing otherwise inaccessible some information is not publicly applicable federal regulations. 42 U.S.C.
lands or waters contiguous to a park available, e.g., CBI or other information 7410(k); 40 CFR 52.02(a). Thus, in
area when other means of access are the disclosure of which is restricted by reviewing SIP submissions, the EPA’s
otherwise impracticable or impossible statute. Certain other material, such as role is to approve state choices,
if: copyrighted material, is not placed on provided that they meet the criteria of
(A) The individual is not otherwise the internet and is publicly available the Clean Air Act. Accordingly, this
prohibited by law from possessing the only in hard copy form. Publicly
daltland on DSKBBV9HB2PROD with RULES
action merely approves state law as
bow or crossbow; and available docket materials are available meeting federal requirements and does
(B) The possession of the bow or at https://www.regulations.gov, or not impose additional requirements
crossbow is in compliance with the law please contact the person identified in beyond those imposed by state law. For
of the State in which the park area is the FOR FURTHER INFORMATION CONTACT that reason, this action:
located. section for additional availability • Is not a ‘‘significant regulatory
* * * * * information. action’’ subject to review by the Office
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Document Created: 2018-09-18 01:19:06
Document Modified: 2018-09-18 01:19:06
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on October 18, 2018. | |
| Contact | Jay Calhoun, NPS Regulations Program, 1849 C Street NW, Washington, DC 20240. Phone: (202) 513-7112. Email: [email protected] | |
| FR Citation | 83 FR 47071 | |
| RIN Number | 1024-AE44 | |
| CFR Associated | National Parks and Reporting and Recordkeeping Requirements |
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