83_FR_47252 83 FR 47071 - Transporting Bows and Crossbows Across National Park System Units

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)

Page Range47071-47073
FR Document2018-20093

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.

Federal Register, Volume 83 Issue 181 (Tuesday, September 18, 2018)
[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]


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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.

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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



                                                              Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Rules and Regulations                                     47071

                                             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.
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                                             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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                                             47072            Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Rules and Regulations

                                                NPS Response: The NPS has no                         developed this rule in a manner                       Takings (Executive Order 12630)
                                             reason to believe that individuals would                consistent with these requirements.                     This rule does not effect a taking of
                                             intentionally leave this type of                                                                              private property or otherwise have
                                                                                                     Reducing Regulation and Controlling
                                             equipment behind in NPS areas. NPS                                                                            takings implications under Executive
                                                                                                     Regulatory Costs (Executive Order
                                             regulations at 36 CFR 2.22 prohibit                                                                           Order 12630. A takings implication
                                                                                                     13771)
                                             abandoning property.                                                                                          assessment is not required.
                                                3. Comment. One commenter                              This rule is an E.O. 13771
                                             supported removing the permit                           deregulatory action because it imposes                Federalism (Executive Order 13132)
                                             requirement, but suggested that the NPS                 less than zero costs by removing a                      Under the criteria in section 1 of
                                             also remove the requirement that an                     regulatory permit requirement that                    Executive Order 13132, the rule does
                                             individual must be accessing otherwise                  imposes unnecessary costs upon                        not have sufficient federalism
                                             ‘‘inaccessible’’ lands or waters. This                  individuals seeking to safely access                  implications to warrant the preparation
                                             commenter also suggested that the NPS                   remote lands and waters. The costs                    of a Federalism summary impact
                                             change the requirement that ‘‘other                     associated with the requirement to                    statement. This rule only affects use of
                                             means of access are otherwise                           obtain a permit before transporting a                 federally-administered lands and
                                             impracticable or impossible’’ to                        bow or crossbow across NPS lands or                   waters. It has no outside effects on other
                                             ‘‘impracticable or less convenient.’’                   waters outside of a mechanical                        areas. A Federalism summary impact
                                                NPS Response: The language limiting                  conveyance are eliminated.                            statement is not required.
                                             possession to situations when                           Regulatory Flexibility Act
                                             individuals are ‘‘accessing otherwise                                                                         Civil Justice Reform (Executive Order
                                             inaccessible lands or waters contiguous                    This rule will not have a significant              12988)
                                             to a park area when other means of                      economic effect on a substantial number                  This rule complies with the
                                             access are otherwise impracticable or                   of small entities under the Regulatory                requirements of Executive Order 12988.
                                             impossible’’ has been part of NPS                       Flexibility Act (5 U.S.C. 601 et seq.).               This rule:
                                             regulations concerning permits to carry                 This certification is based on                           (a) Meets the criteria of section 3(a)
                                             weapons since 1983 (48 FR 30282, June                   information contained in the economic                 requiring that all regulations be
                                             30, 1983). This language helps ensure                   analyses found in the report entitled                 reviewed to eliminate errors and
                                             that individuals transport bows and                     ‘‘Benefit-Cost and Regulatory Flexibility             ambiguity and be written to minimize
                                             crossbows through NPS lands for                         Analyses: Cost-Benefit and Regulatory                 litigation; and
                                             legitimate purposes, such as accessing                  Flexibility Analyses: Transporting Bows                  (b) Meets the criteria of section 3(b)(2)
                                             private property or other public lands                  and Crossbows Across National Park                    requiring that all regulations be written
                                             that cannot be accessed another way—                    System Units’’ that is available to the               in clear language and contain clear legal
                                             either through the National Park System                 public on regulations.gov in Docket ID:               standards.
                                             in a motor vehicle or through a non-NPS                 NPS–2018–0003.
                                                                                                                                                           Consultation With Indian Tribes
                                             area.                                                   Small Business Regulatory Enforcement                 (Executive Order 13175 and Department
                                             Compliance With Other Laws,                             Fairness Act                                          Policy)
                                             Executive Orders and Department                            This rule is not a major rule under 5                The Department of the Interior strives
                                             Policy                                                  U.S.C. 804(2), the Small Business                     to strengthen its government-to-
                                             Regulatory Planning and Review                          Regulatory Enforcement Fairness Act.                  government relationship with Indian
                                             (Executive Orders 12866 and 13563)                      This rule:                                            Tribes through a commitment to
                                                                                                        (a) Does not have an annual effect on              consultation with Indian Tribes and
                                               Executive Order 12866 provides that                   the economy of $100 million or more.                  recognition of their right to self-
                                             the Office of Information and Regulatory                   (b) Will not cause a major increase in             governance and tribal sovereignty. The
                                             Affairs in the Office of Management and                 costs or prices for consumers,                        NPS has evaluated this rule under the
                                             Budget will review all significant rules.               individual industries, Federal, State, or             criteria in Executive Order 13175 and
                                             The Office of Information and                           local government agencies, or                         under the Department’s tribal
                                             Regulatory Affairs has determined that                  geographic regions.                                   consultation policy and has determined
                                             this rule is not significant.                              (c) Does not have significant adverse              that tribal consultation is not required
                                               Executive Order 13563 reaffirms the                   effects on competition, employment,                   because the rule will have no
                                             principles of Executive Order 12866                     investment, productivity, innovation, or              substantial direct effect on federally
                                             while calling for improvements in the                   the ability of U.S.-based enterprises to              recognized Indian tribes.
                                             nation’s regulatory system to promote                   compete with foreign-based enterprises.
                                             predictability, to reduce uncertainty,                                                                        Paperwork Reduction Act
                                             and to use the best, most innovative,                   Unfunded Mandates Reform Act (2
                                                                                                                                                             This rule does not contain
                                             and least burdensome tools for                          U.S.C. 1531 et seq.)
                                                                                                                                                           information collection requirements,
                                             achieving regulatory ends. The                             This rule does not impose an                       and a submission to the Office of
                                             executive order directs agencies to                     unfunded mandate on State, local, or                  Management and Budget under the
                                             consider regulatory approaches that                     tribal governments or the private sector              Paperwork Reduction Act is not
                                             reduce burdens and maintain flexibility                 of more than $100 million per year. The               required. The NPS may not conduct or
                                             and freedom of choice for the public                    rule does not have a significant or                   sponsor and you are not required to
                                             where these approaches are relevant,                    unique effect on State, local or tribal               respond to a collection of information
                                             feasible, and consistent with regulatory                governments or the private sector. It
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                                                                                                                                                           unless it displays a currently valid OMB
                                             objectives. Executive Order 13563                       addresses public use of national park                 control number.
                                             emphasizes further that regulations                     lands, and imposes no requirements on
                                             must be based on the best available                     other agencies or governments. A                      National Environmental Policy Act
                                             science and that the rulemaking process                 statement containing the information                    This rule does not constitute a major
                                             must allow for public participation and                 required by the Unfunded Mandates                     Federal action significantly affecting the
                                             an open exchange of ideas. The NPS has                  Reform Act is not required.                           quality of the human environment. A


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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
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 on October 18, 2018.
ContactJay Calhoun, NPS Regulations Program, 1849 C Street NW, Washington, DC 20240. Phone: (202) 513-7112. Email: [email protected]
FR Citation83 FR 47071 
RIN Number1024-AE44
CFR AssociatedNational Parks and Reporting and Recordkeeping Requirements

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