83_FR_47770 83 FR 47587 - Special Regulations, Areas of the National Park System, Death Valley National Park; Designation of Airstrip

83 FR 47587 - Special Regulations, Areas of the National Park System, Death Valley National Park; Designation of Airstrip

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 83, Issue 183 (September 20, 2018)

Page Range47587-47589
FR Document2018-20332

The National Park Service proposes to revise the special regulations for Death Valley National Park to designate the Saline Valley Warm Springs Airfield, commonly known as the Chicken Strip, within the Saline Valley Warm Springs area as a location available for the operation of aircraft.

Federal Register, Volume 83 Issue 183 (Thursday, September 20, 2018)
[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Proposed Rules]
[Pages 47587-47589]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20332]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-DEVA-25759; PPWONRADE2, PMP00EI05.YP0000]
RIN 1024-AE48


Special Regulations, Areas of the National Park System, Death 
Valley National Park; Designation of Airstrip

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service proposes to revise the special 
regulations for Death Valley National Park to designate the Saline 
Valley Warm Springs Airfield, commonly known as the Chicken Strip, 
within the Saline Valley Warm Springs area as a location available for 
the operation of aircraft.

DATES: Comments on the proposed rule must be received by 11:59 p.m. EDT 
on November 19, 2018.

ADDRESSES: You may submit comments, identified by Regulation Identifier 
Number (RIN) 1024-AE48, by either of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail to: Death Valley National Park, P.O. Box 579, Death 
Valley, CA 92328, Attention: Superintendent.
     Instructions: Comments will not be accepted by fax, email, 
or in any way other than those specified above. All submissions 
received must include the words ``National Park Service'' or ``NPS'' 
and must include the docket number or RIN (1024-AE48) for this 
rulemaking. Comments received may be posted without change to http://www.regulations.gov, including any personal information provided.
     Docket: For access to the docket to read background 
documents or comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Kelly Daigle, National Park Service, 
Environmental Quality Division, (303) 987-6897, [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Saline Valley is a large desert valley located in the northwest 
portion of Death Valley National Park (the park). The Saline Valley 
Warm Springs area is approximately 1,100 acres of backcountry 
surrounded by wilderness. This area is distinctive, both in the setting 
of the site and in its geology. Saline Valley is a closed basin, which 
means that the water does not flow to another body of water. Water in 
closed basins only leaves the system by evaporation or diversion. The 
Saline Valley Warm Springs are among the highest-flow springs in the 
park. The mountain ranges surrounding this valley, Saline Range, Last 
Chance Range, and Inyo Range, have elevations ranging from 7,000 feet 
to over 11,000 feet, which result in spectacular views from the Saline 
Valley Warm Springs.
    The Timbisha Shoshone Tribe (the Tribe), whose homelands encompass 
the entirety of the park, has a deep affinity for the Saline Valley 
Warm Springs area due to the existence of long-lived historical and 
ethnographic connections. The Timbisha Shoshone Homeland Act of 2000 
(Homeland Act; Pub. L. 106-423) specified designated special use areas. 
Saline Valley is part of one of these special use areas. The waters of 
the warm springs in Saline Valley are a source of puha for the Tribe, a 
life force energy. Although the development of the area by Euro-
Americans degraded puha and other ethnographic resources, Tribal 
leaders still seek these cultural connections from historic times until 
the present and will continue to do so in the future.
    The Saline Valley Warm Springs area has not been formally or 
systematically developed for use by the NPS but does have a number of 
user-developed and user-maintained structures and facilities. Visitors 
enjoy backcountry camping and soaking tubs created by diverting water 
from natural source springs. Visitors use the Saline Valley Warm 
Springs area throughout the year but the cooler months, October to May, 
receive the highest use; holidays are times of especially heavy use. 
The Lower Spring area is the most developed and includes the following 
features: Cool Pool, Sunrise Pool, Crystal Pool, Children's Play Tub, 
communal fire pit, library, shower, bathtub, sink for dishwashing, 
maintained lawn, settling pond, auto shop, and the camp host site. It 
is the site of many communal activities, such as group fires, communal 
dinners, and singing. The site contains heavy burro concentration and 
use, and invasive species such as palm trees and Bermuda grass.

Chicken Strip Airstrip

    There is a small, unimproved landing strip to the west of Lower 
Spring, referred to as the Chicken Strip. The formal name of the 
airstrip is the Saline Valley Warm Springs Airfield. The airstrip is 
located at latitude N 36[deg]48.41'', longitude W 117[deg]46.90''. In 
past years, there were up to three landing strips for small planes in 
this area. The Suicide Strip and the Crosswinds Strip have been 
decommissioned. Historically, the landing strips were used by miners 
and prospectors to access Saline Valley. The Chicken Strip is the only 
remaining active landing strip within the Saline Valley Warm Springs 
area. It is approximately 1,400 feet long and 35 feet wide. The strip 
has a tie-down area large enough to accommodate five small planes. 
Features of the airstrip include a windsock, painted rocks lining the 
strip, and two airplane tie-downs. Visitors who fly into the Saline 
Valley Warm Springs area via the Chicken Strip often camp next to their 
airplanes.
    The Chicken Strip surface is maintained by the community of 
recreational pilots who use it. The Recreational Aviation Foundation 
(RAF), an organization of private pilots, is active in the promotion of 
the continued use of the Chicken Strip. In 2017, the NPS renewed a 
memorandum of understanding (MOU) with the RAF that allows the RAF to 
maintain the Chicken Strip at no cost to the NPS. Maintenance 
activities include leveling the surface, removing stones and debris, 
and packing the surface.
    Based on visitor registration logs at the Chicken Strip, 
approximately 440 people visited Saline Valley via airplane from 2008 
to 2012, averaging 88 visitors per year. Of the aircraft reported, 
approximately two-thirds were Cessna models. Other types of planes 
included various models of Pipers, Maules, and Beechcraft. The largest 
number of people recorded in one aircraft was six.

[[Page 47588]]

The Chicken Strip is the last backcountry airstrip remaining in the 
park and provides a unique and challenging aviation experience. 
Retaining use of the airstrip would benefit visitor use and experience 
for those visitors who seek this type of recreation or those visitors 
who enjoy watching the aircraft fly into the Warm Springs area. For 
some visitors with injuries or disabilities and who have access to 
small planes, the Chicken Strip airstrip is the only way they can 
access the Warm Springs area because the drive is too long and harsh 
for them.

Proposed Rule

    This rule would designate the Chicken Strip airstrip as available 
for use by aircraft. This action would implement part of the preferred 
alternative identified in the 2018 Saline Valley Warm Springs Draft 
Management Plan/Environmental Impact Statement (DEIS). The airstrip has 
been in use since before the NPS began managing the Saline Valley Warm 
Springs area in 1994 and this rule would codify the continued use of 
the airstrip. National Park Service (NPS) regulations at 36 CFR 
2.17(a)(1) prohibit the operation or use of an aircraft on lands or 
waters other than at locations designated pursuant to a special 
regulation.
    This rule would also remove references to ``Death Valley National 
Monument'' and ``Monument'' in section 2.17 and replace them with 
references to ``Death Valley National Park'' and ``Park''. This 
reflects the abolishment of Death Valley National Monument and the 
establishment of Death Valley National Park in 1994. 16 U.S.C. 410aaaa-
1.

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)

    Enabling regulations are considered deregulatory under guidance 
implementing E.O. 13771 (M-17-21). This rule authorizes the 
Superintendent to allow a recreational activity for the public to enjoy 
and experience certain areas within the National Park System that would 
otherwise be prohibited.

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 
in the report entitled ``Benefit-Cost and Regulatory Flexibility 
Analyses: Cost-Benefit and Regulatory Flexibility Threshold Analyses: 
Proposed Special Regulations for Designation of Airstrip at Death 
Valley National Park'' which is available online at http://parkplanning.nps.gov/deva by clicking on the link entitled ``Saline 
Valley Warm Springs Management Plan EIS'' and then clicking on the link 
entitled ``Document List.''

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 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. 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 not have a 
substantial direct effect on federally recognized Indian tribes, 
although consultation under the National Environmental Policy Act and 
the National Historic Preservation Act was completed. The NPS invited 
the Tribe to become a cooperating agency on the Draft Management Plan/
Environmental Impact Statement (DEIS) on April 3,

[[Page 47589]]

2012. The NPS has since conducted formal consultation with the Tribe 
and invited their participation on issues and alternatives development 
and internal document review. In addition to formal consultation, the 
NPS commissioned an assessment of the eligibility of the Saline Valley 
Warm Springs area as an ethnographic site eligible for listing on the 
National Register of Historic Places under Criterion A. This assessment 
was submitted to the State Historic Preservation Office in early 2018.

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 
the public 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 (NEPA)

    This rule is part of a larger planning process for Saline Valley 
Warm Springs that constitutes a major Federal action significantly 
affecting the quality of the human environment. NPS has prepared the 
DEIS under the NEPA. A copy of the DEIS can be found online at http://parkplanning.nps.gov/deva, by clicking on the link entitled ``Saline 
Valley Warm Springs Management Plan EIS'' and then clicking on the link 
entitled ``Document List.''

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.

Clarity of This Rule

    The NPS is required by Executive Orders 12866 (section 1(b)(12)) 
and 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 the NPS publishes 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 the NPS has not met these requirements, send the 
NPS comments by one of the methods listed in the ADDRESSES section. To 
better help the NPS revise the rule, your comments should be as 
specific as possible. For example, you should identify 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.

Public Participation

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

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time.

List of Subjects in 36 CFR Part 7

    District of Columbia, National parks, Reporting and Recordkeeping 
requirements.

    In consideration of the foregoing, the National Park Service 
proposes to amend 36 CFR part 7 as set forth below:

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

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

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

0
2. Amend Sec.  7.26 by:
0
a. Revising the section heading.
0
b. In paragraphs (a) and (d), removing the term ``Death Valley National 
Monument'' and adding in its place ``Death Valley National Park''.
0
c. In paragraphs (b) and (c), removing the term ``Monument'' and adding 
in its place ``Park''.
0
d. Adding paragraph (e)(3).
    The revision and addition to read as follows:


Sec.  7.26   Death Valley National Park.

* * * * *
    (e) * * *
    (3) Saline Valley Warm Springs Airfield, latitude N 36[deg]48.41'', 
longitude W 117[deg]46.90.

Andrea Travnicek,
Principal Deputy Assistant Secretary--Water and Science Exercising the 
Authority of the Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2018-20332 Filed 9-19-18; 8:45 am]
BILLING CODE 4310-EJ-P



                                                                     Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Proposed Rules                                         47587

                                                 radius to 4.9 miles south of the Drake Field:            ‘‘NPS’’ and must include the docket                   but the cooler months, October to May,
                                                 RWY 34–LOC, and within 1.0 mile each side                number or RIN (1024–AE48) for this                    receive the highest use; holidays are
                                                 of the 347° bearing from the airport from the            rulemaking. Comments received may be                  times of especially heavy use. The
                                                 4.0-mile radius to 4.9 miles north of the                posted without change to http://                      Lower Spring area is the most
                                                 airport. This Class E airspace area is effective
                                                 during the specific dates and times
                                                                                                          www.regulations.gov, including any                    developed and includes the following
                                                 established in advance by a Notice to                    personal information provided.                        features: Cool Pool, Sunrise Pool,
                                                 Airmen. The effective date and time will                    • Docket: For access to the docket to              Crystal Pool, Children’s Play Tub,
                                                 thereafter be continuously published in the              read background documents or                          communal fire pit, library, shower,
                                                 Chart Supplement.                                        comments received, go to http://                      bathtub, sink for dishwashing,
                                                                                                          www.regulations.gov.                                  maintained lawn, settling pond, auto
                                                 Paragraph 6004 Class E Airspace
                                                 Designated as an Extension of Class D and                FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                shop, and the camp host site. It is the
                                                 Class E Surface Areas.                                   Kelly Daigle, National Park Service,                  site of many communal activities, such
                                                                                                          Environmental Quality Division, (303)                 as group fires, communal dinners, and
                                                 *      *      *       *      *
                                                                                                          987–6897, kelly_daigle@nps.gov.                       singing. The site contains heavy burro
                                                 ASW OK E4         Fayetteville, AR [Removed]                                                                   concentration and use, and invasive
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                                                                                species such as palm trees and Bermuda
                                                   Issued in Fort Worth, Texas, on September
                                                                                                          Background                                            grass.
                                                 10, 2018.
                                                 Walter Tweedy,                                              Saline Valley is a large desert valley             Chicken Strip Airstrip
                                                 Acting Manager, Operations Support Group,                located in the northwest portion of                      There is a small, unimproved landing
                                                 ATO Central Service Center.                              Death Valley National Park (the park).                strip to the west of Lower Spring,
                                                 [FR Doc. 2018–20400 Filed 9–19–18; 8:45 am]              The Saline Valley Warm Springs area is                referred to as the Chicken Strip. The
                                                 BILLING CODE 4910–13–P
                                                                                                          approximately 1,100 acres of                          formal name of the airstrip is the Saline
                                                                                                          backcountry surrounded by wilderness.                 Valley Warm Springs Airfield. The
                                                                                                          This area is distinctive, both in the                 airstrip is located at latitude N
                                                 DEPARTMENT OF THE INTERIOR                               setting of the site and in its geology.               36°48.41″, longitude W 117°46.90″. In
                                                                                                          Saline Valley is a closed basin, which                past years, there were up to three
                                                 National Park Service                                    means that the water does not flow to                 landing strips for small planes in this
                                                                                                          another body of water. Water in closed                area. The Suicide Strip and the
                                                 36 CFR Part 7                                            basins only leaves the system by                      Crosswinds Strip have been
                                                                                                          evaporation or diversion. The Saline                  decommissioned. Historically, the
                                                 [NPS–DEVA–25759; PPWONRADE2,                             Valley Warm Springs are among the
                                                 PMP00EI05.YP0000]                                                                                              landing strips were used by miners and
                                                                                                          highest-flow springs in the park. The                 prospectors to access Saline Valley. The
                                                 RIN 1024–AE48                                            mountain ranges surrounding this                      Chicken Strip is the only remaining
                                                                                                          valley, Saline Range, Last Chance                     active landing strip within the Saline
                                                 Special Regulations, Areas of the                        Range, and Inyo Range, have elevations                Valley Warm Springs area. It is
                                                 National Park System, Death Valley                       ranging from 7,000 feet to over 11,000                approximately 1,400 feet long and 35
                                                 National Park; Designation of Airstrip                   feet, which result in spectacular views               feet wide. The strip has a tie-down area
                                                 AGENCY:     National Park Service, Interior.             from the Saline Valley Warm Springs.                  large enough to accommodate five small
                                                                                                             The Timbisha Shoshone Tribe (the                   planes. Features of the airstrip include
                                                 ACTION:    Proposed rule.                                Tribe), whose homelands encompass the                 a windsock, painted rocks lining the
                                                 SUMMARY:  The National Park Service                      entirety of the park, has a deep affinity             strip, and two airplane tie-downs.
                                                 proposes to revise the special                           for the Saline Valley Warm Springs area               Visitors who fly into the Saline Valley
                                                 regulations for Death Valley National                    due to the existence of long-lived                    Warm Springs area via the Chicken
                                                 Park to designate the Saline Valley                      historical and ethnographic                           Strip often camp next to their airplanes.
                                                 Warm Springs Airfield, commonly                          connections. The Timbisha Shoshone                       The Chicken Strip surface is
                                                 known as the Chicken Strip, within the                   Homeland Act of 2000 (Homeland Act;                   maintained by the community of
                                                 Saline Valley Warm Springs area as a                     Pub. L. 106–423) specified designated                 recreational pilots who use it. The
                                                 location available for the operation of                  special use areas. Saline Valley is part              Recreational Aviation Foundation
                                                 aircraft.                                                of one of these special use areas. The                (RAF), an organization of private pilots,
                                                                                                          waters of the warm springs in Saline                  is active in the promotion of the
                                                 DATES:  Comments on the proposed rule                    Valley are a source of puha for the                   continued use of the Chicken Strip. In
                                                 must be received by 11:59 p.m. EDT on                    Tribe, a life force energy. Although the              2017, the NPS renewed a memorandum
                                                 November 19, 2018.                                       development of the area by Euro-                      of understanding (MOU) with the RAF
                                                 ADDRESSES: You may submit comments,                      Americans degraded puha and other                     that allows the RAF to maintain the
                                                 identified by Regulation Identifier                      ethnographic resources, Tribal leaders                Chicken Strip at no cost to the NPS.
                                                 Number (RIN) 1024–AE48, by either of                     still seek these cultural connections                 Maintenance activities include leveling
                                                 the following methods:                                   from historic times until the present and             the surface, removing stones and debris,
                                                   • Federal eRulemaking Portal: http://                  will continue to do so in the future.                 and packing the surface.
                                                 www.regulations.gov. Follow the                             The Saline Valley Warm Springs area                   Based on visitor registration logs at
                                                 instructions for submitting comments.                    has not been formally or systematically               the Chicken Strip, approximately 440
tkelley on DSKBCP9HB2PROD with PROPOSALS2




                                                   • Mail to: Death Valley National Park,                 developed for use by the NPS but does                 people visited Saline Valley via airplane
                                                 P.O. Box 579, Death Valley, CA 92328,                    have a number of user-developed and                   from 2008 to 2012, averaging 88 visitors
                                                 Attention: Superintendent.                               user-maintained structures and                        per year. Of the aircraft reported,
                                                   • Instructions: Comments will not be                   facilities. Visitors enjoy backcountry                approximately two-thirds were Cessna
                                                 accepted by fax, email, or in any way                    camping and soaking tubs created by                   models. Other types of planes included
                                                 other than those specified above. All                    diverting water from natural source                   various models of Pipers, Maules, and
                                                 submissions received must include the                    springs. Visitors use the Saline Valley               Beechcraft. The largest number of
                                                 words ‘‘National Park Service’’ or                       Warm Springs area throughout the year                 people recorded in one aircraft was six.


                                            VerDate Sep<11>2014    16:59 Sep 19, 2018   Jkt 244001   PO 00000   Frm 00011   Fmt 4702   Sfmt 4702   E:\FR\FM\20SEP1.SGM   20SEP1


                                                 47588              Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Proposed Rules

                                                 The Chicken Strip is the last                           and freedom of choice for the public                  unique effect on State, local or tribal
                                                 backcountry airstrip remaining in the                   where these approaches are relevant,                  governments or the private sector. It
                                                 park and provides a unique and                          feasible, and consistent with regulatory              addresses public use of national park
                                                 challenging aviation experience.                        objectives. Executive Order 13563                     lands, and imposes no requirements on
                                                 Retaining use of the airstrip would                     emphasizes further that regulations                   other agencies or governments. A
                                                 benefit visitor use and experience for                  must be based on the best available                   statement containing the information
                                                 those visitors who seek this type of                    science and that the rulemaking process               required by the Unfunded Mandates
                                                 recreation or those visitors who enjoy                  must allow for public participation and               Reform Act is not required.
                                                 watching the aircraft fly into the Warm                 an open exchange of ideas. The NPS has
                                                                                                                                                               Takings (Executive Order 12630)
                                                 Springs area. For some visitors with                    developed this rule in a manner
                                                 injuries or disabilities and who have                   consistent with these requirements.                     This rule does not effect a taking of
                                                 access to small planes, the Chicken                                                                           private property or otherwise have
                                                                                                         Reducing Regulation and Controlling                   takings implications under Executive
                                                 Strip airstrip is the only way they can
                                                                                                         Regulatory Costs (Executive Order                     Order 12630. A takings implication
                                                 access the Warm Springs area because
                                                                                                         13771)                                                assessment is not required.
                                                 the drive is too long and harsh for them.
                                                                                                           Enabling regulations are considered
                                                 Proposed Rule                                                                                                 Federalism (Executive Order 13132)
                                                                                                         deregulatory under guidance
                                                    This rule would designate the                        implementing E.O. 13771 (M–17–21).                       Under the criteria in section 1 of
                                                 Chicken Strip airstrip as available for                 This rule authorizes the Superintendent               Executive Order 13132, the rule does
                                                 use by aircraft. This action would                      to allow a recreational activity for the              not have sufficient federalism
                                                 implement part of the preferred                         public to enjoy and experience certain                implications to warrant the preparation
                                                 alternative identified in the 2018 Saline               areas within the National Park System                 of a Federalism summary impact
                                                 Valley Warm Springs Draft Management                    that would otherwise be prohibited.                   statement. This proposed rule only
                                                 Plan/Environmental Impact Statement                                                                           affects use of federally-administered
                                                                                                         Regulatory Flexibility Act                            lands and waters. It has no outside
                                                 (DEIS). The airstrip has been in use
                                                 since before the NPS began managing                        This rule will not have a significant              effects on other areas. A Federalism
                                                 the Saline Valley Warm Springs area in                  economic effect on a substantial number               summary impact statement is not
                                                 1994 and this rule would codify the                     of small entities under the Regulatory                required.
                                                 continued use of the airstrip. National                 Flexibility Act (5 U.S.C. 601 et seq.).
                                                                                                                                                               Civil Justice Reform (Executive Order
                                                 Park Service (NPS) regulations at 36                    This certification is based on
                                                                                                                                                               12988)
                                                 CFR 2.17(a)(1) prohibit the operation or                information in the report entitled
                                                 use of an aircraft on lands or waters                   ‘‘Benefit-Cost and Regulatory Flexibility                This rule complies with the
                                                 other than at locations designated                      Analyses: Cost-Benefit and Regulatory                 requirements of Executive Order 12988.
                                                 pursuant to a special regulation.                       Flexibility Threshold Analyses:                       This rule:
                                                    This rule would also remove                          Proposed Special Regulations for                         (a) Meets the criteria of section 3(a)
                                                 references to ‘‘Death Valley National                   Designation of Airstrip at Death Valley               requiring that all regulations be
                                                 Monument’’ and ‘‘Monument’’ in                          National Park’’ which is available online             reviewed to eliminate errors and
                                                 section 2.17 and replace them with                      at http://parkplanning.nps.gov/deva by                ambiguity and be written to minimize
                                                 references to ‘‘Death Valley National                   clicking on the link entitled ‘‘Saline                litigation; and
                                                                                                         Valley Warm Springs Management Plan                      (b) Meets the criteria of section 3(b)(2)
                                                 Park’’ and ‘‘Park’’. This reflects the
                                                                                                         EIS’’ and then clicking on the link                   requiring that all regulations be written
                                                 abolishment of Death Valley National
                                                                                                         entitled ‘‘Document List.’’                           in clear language and contain clear legal
                                                 Monument and the establishment of
                                                                                                                                                               standards.
                                                 Death Valley National Park in 1994. 16                  Small Business Regulatory Enforcement
                                                 U.S.C. 410aaaa–1.                                       Fairness Act                                          Consultation With Indian Tribes
                                                                                                                                                               (Executive Order 13175 and Department
                                                 Compliance With Other Laws,                                This rule is not a major rule under 5              Policy)
                                                 Executive Orders and Department                         U.S.C. 804(2), the Small Business
                                                 Policy                                                  Regulatory Enforcement Fairness Act.                    The Department of the Interior strives
                                                                                                         This rule:                                            to strengthen its government-to-
                                                 Regulatory Planning and Review                                                                                government relationship with Indian
                                                 (Executive Orders 12866 and 13563)                         (a) Does not have an annual effect on
                                                                                                         the economy of $100 million or more.                  Tribes through a commitment to
                                                   Executive Order 12866 provides that                      (b) Will not cause a major increase in             consultation with Indian Tribes and
                                                 the Office of Information and Regulatory                costs or prices for consumers,                        recognition of their right to self-
                                                 Affairs in the Office of Management and                 individual industries, Federal, State, or             governance and tribal sovereignty. The
                                                 Budget will review all significant rules.               local government agencies, or                         NPS has evaluated this rule under the
                                                 The Office of Information and                           geographic regions.                                   criteria in Executive Order 13175 and
                                                 Regulatory Affairs has determined that                     (c) Does not have significant adverse              under the Department’s tribal
                                                 this rule is not significant.                           effects on competition, employment,                   consultation policy and has determined
                                                   Executive Order 13563 reaffirms the                   investment, productivity, innovation, or              that tribal consultation is not required
                                                 principles of Executive Order 12866                     the ability of U.S. based enterprises to              because the rule will not have a
                                                 while calling for improvements in the                   compete with foreign-based enterprises.               substantial direct effect on federally
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                                                 nation’s regulatory system to promote                                                                         recognized Indian tribes, although
                                                 predictability, to reduce uncertainty,                  Unfunded Mandates Reform Act (2                       consultation under the National
                                                 and to use the best, most innovative,                   U.S.C. 1531 et seq.)                                  Environmental Policy Act and the
                                                 and least burdensome tools for                             This rule does not impose an                       National Historic Preservation Act was
                                                 achieving regulatory ends. The                          unfunded mandate on State, local, or                  completed. The NPS invited the Tribe to
                                                 executive order directs agencies to                     tribal governments or the private sector              become a cooperating agency on the
                                                 consider regulatory approaches that                     of more than $100 million per year. The               Draft Management Plan/Environmental
                                                 reduce burdens and maintain flexibility                 rule does not have a significant or                   Impact Statement (DEIS) on April 3,


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                                                                    Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Proposed Rules                                                47589

                                                 2012. The NPS has since conducted                       the NPS revise the rule, your comments                  (3) Saline Valley Warm Springs
                                                 formal consultation with the Tribe and                  should be as specific as possible. For                Airfield, latitude N 36°48.41″, longitude
                                                 invited their participation on issues and               example, you should identify the                      W 117°46.90.
                                                 alternatives development and internal                   numbers of the sections or paragraphs                 Andrea Travnicek,
                                                 document review. In addition to formal                  that you find unclear, which sections or              Principal Deputy Assistant Secretary—Water
                                                 consultation, the NPS commissioned an                   sentences are too long, the sections                  and Science Exercising the Authority of the
                                                 assessment of the eligibility of the                    where you feel lists or tables would be               Assistant Secretary for Fish and Wildlife and
                                                 Saline Valley Warm Springs area as an                   useful, etc.                                          Parks.
                                                 ethnographic site eligible for listing on                                                                     [FR Doc. 2018–20332 Filed 9–19–18; 8:45 am]
                                                 the National Register of Historic Places                Public Participation
                                                                                                                                                               BILLING CODE 4310–EJ–P
                                                 under Criterion A. This assessment was
                                                 submitted to the State Historic                            It is the policy of the Department of
                                                 Preservation Office in early 2018.                      the Interior, whenever practicable, to
                                                                                                         afford the public an opportunity to                   DEPARTMENT OF TRANSPORTATION
                                                 Paperwork Reduction Act                                 participate in the rulemaking process.
                                                                                                                                                               Federal Motor Carrier Safety
                                                   This rule does not contain                            Accordingly, interested persons may
                                                                                                                                                               Administration
                                                 information collection requirements,                    submit written comments regarding this
                                                 and a submission to the Office of                       proposed rule by one of the methods                   49 CFR Part 395
                                                 Management and Budget under the                         listed in the ADDRESSES section of this
                                                 Paperwork Reduction Act is not                          document.                                             [Docket No. FMCSA–2018–0248]
                                                 required. The NPS may not conduct or                                                                          RIN 2126–AC19
                                                 sponsor and the public is not required                  Public Availability of Comments
                                                 to respond to a collection of information                 Before including your address, phone                Hours of Service
                                                 unless it displays a currently valid OMB                number, email address, or other                       AGENCY:  Federal Motor Carrier Safety
                                                 control number.                                         personal identifying information in your              Administration (FMCSA), DOT.
                                                 National Environmental Policy Act of                    comment, you should be aware that                     ACTION: Announcement of public
                                                 1969 (NEPA)                                             your entire comment—including your                    listening session.
                                                    This rule is part of a larger planning               personal identifying information—may
                                                                                                         be made publicly available at any time.               SUMMARY:    The FMCSA announces that it
                                                 process for Saline Valley Warm Springs                                                                        will hold a public listening session
                                                 that constitutes a major Federal action                 List of Subjects in 36 CFR Part 7                     concerning potential changes to its
                                                 significantly affecting the quality of the                                                                    hours-of-service (HOS) rules for truck
                                                 human environment. NPS has prepared                       District of Columbia, National parks,               drivers. On August 23, 2018, FMCSA
                                                 the DEIS under the NEPA. A copy of the                  Reporting and Recordkeeping                           published an Advance Notice of
                                                 DEIS can be found online at http://                     requirements.                                         Proposed Rulemaking (ANPRM) seeking
                                                 parkplanning.nps.gov/deva, by clicking                                                                        public comment on four specific aspects
                                                 on the link entitled ‘‘Saline Valley                      In consideration of the foregoing, the
                                                                                                         National Park Service proposes to                     of the HOS rules for which the Agency
                                                 Warm Springs Management Plan EIS’’                                                                            is considering changes: the short-haul
                                                 and then clicking on the link entitled                  amend 36 CFR part 7 as set forth below:
                                                                                                                                                               HOS limit; the HOS exception for
                                                 ‘‘Document List.’’                                                                                            adverse driving conditions; the 30-
                                                                                                         PART 7—SPECIAL REGULATIONS,
                                                 Effects on the Energy Supply (Executive                 AREAS OF THE NATIONAL PARK                            minute rest break provision; and the
                                                 Order 13211)                                            SYSTEM                                                sleeper berth rule to allow drivers to
                                                                                                                                                               split their required time in the sleeper
                                                   This rule is not a significant energy                                                                       berth. In addition, the Agency requested
                                                 action under the definition in Executive                ■ 1. The authority citation for part 7
                                                                                                                                                               public comment on petitions for
                                                 Order 13211. A Statement of Energy                      continues to read as follows:                         rulemaking from the Owner-Operator
                                                 Effects in not required.                                  Authority: 54 U.S.C. 100101, 100751,                Independent Drivers Association
                                                 Clarity of This Rule                                    320102; Sec. 7.96 also issued under DC Code           (OOIDA) and TruckerNation.org
                                                                                                         10–137 and DC Code 50–2201.07.                        (TruckerNation). The Agency
                                                    The NPS is required by Executive
                                                                                                                                                               encourages vendors of electronic logging
                                                 Orders 12866 (section 1(b)(12)) and                     ■  2. Amend § 7.26 by:                                devices (ELDs) to participate to address
                                                 12988 (section 3(b)(1)(B)), and 13563
                                                                                                         ■ a. Revising the section heading.                    potential implementation issues should
                                                 (section 1(a)), and by the Presidential                                                                       changes to the HOS rules be made. The
                                                 Memorandum of June 1, 1998, to write                    ■ b. In paragraphs (a) and (d), removing
                                                                                                         the term ‘‘Death Valley National                      listening session is the third in a series
                                                 all rules in plain language. This means                                                                       and will be held at the National
                                                 that each rule the NPS publishes must:                  Monument’’ and adding in its place
                                                                                                                                                               Automobile Museum in Reno, NV. The
                                                    (a) Be logically organized;                          ‘‘Death Valley National Park’’.
                                                                                                                                                               listening session will be webcast for the
                                                    (b) Use the active voice to address                  ■ c. In paragraphs (b) and (c), removing              benefit of those not able to attend in
                                                 readers directly;                                       the term ‘‘Monument’’ and adding in its
                                                    (c) Use common, everyday words and                                                                         person. The listening session will allow
                                                                                                         place ‘‘Park’’.                                       interested persons to present comments,
                                                 clear language rather than jargon;
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                                                    (d) Be divided into short sections and               ■ d. Adding paragraph (e)(3).                         views, and relevant research on topics
                                                 sentences; and                                                                                                mentioned above. All comments will be
                                                                                                            The revision and addition to read as
                                                    (e) Use lists and tables wherever                                                                          transcribed and placed in the
                                                                                                         follows:                                              rulemaking docket for the FMCSA’s
                                                 possible.
                                                    If you feel that the NPS has not met                 § 7.26   Death Valley National Park.                  consideration.
                                                 these requirements, send the NPS                        *       *    *       *       *                        DATES: The listening session will be
                                                 comments by one of the methods listed                                                                         Saturday, September 22, 2018, in Reno,
                                                                                                             (e) * * *
                                                 in the ADDRESSES section. To better help                                                                      NV.


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Document Created: 2018-09-20 02:08:29
Document Modified: 2018-09-20 02:08:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments on the proposed rule must be received by 11:59 p.m. EDT on November 19, 2018.
ContactKelly Daigle, National Park Service, Environmental Quality Division, (303) 987-6897, [email protected]
FR Citation83 FR 47587 
RIN Number1024-AE48
CFR AssociatedDistrict of Columbia; National Parks and Reporting and Recordkeeping Requirements

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