SUPPLEMENTARY INFORMATION:

Denali Park Road and Vehicle Management Plan

In 1917, Congress established Mount McKinley National Park as a “game refuge” with the intent that it be “set apart as a public park for the benefit and enjoyment of the people” (39 Stat. 938). In 1980, Congress passed the Alaska National Interest Lands Conservation Act (ANILCA, Pub. L. 96-487), which enlarged and renamed the park Denali National Park and Preserve. A general purpose of all ANILCA lands is to preserve them for the benefit, use, education and inspiration of present and future generations. 16 U.S.C. 3101(a). The Denali Park Road (“park road”) serves both of these purposes. Built over 16 years (1922-1938), the historic 92-mile park road is an important means of access to the park and is one of the best places in the world for the public to observe large northern mammals in their natural habitat. Visitors traveling the park road often observe Dall's sheep, caribou, wolves, grizzly bears, moose, and foxes. Nowhere else in America can visitors observe such concentrations of these large species of wildlife in such an accessible natural setting. Visitors traveling the road also have many opportunities to observe smaller mammals and birds, some of which are rarely seen elsewhere in North America. Alaska Range features, such as glacially carved mountains, “the mountain,” and the open views of dynamic alpine landscapes, also are a source of visitor enjoyment and inspiration. The park road facilitates wilderness recreational opportunities and supports freedom of ( printed page 28462) discovery, a sense of adventure, and a connection to nature.

The NPS's ability to balance the protection of park resources while offering quality visitor experiences is exemplified in the management of the park road. Road crews use graders and haul gravel to maintain it, rangers patrol it, and commercial services staff manage the transportation contract for it, so visitors can ride buses to view wildlife and access the park's wilderness. In 2012, planning staff, with public input, worked to create the Denali Park Road Vehicle Management Plan and Environmental Impact Statement (VMP), which established measurable indicators and standards for visitor experience and resource protection. These include crowding standards for the number of vehicles at wildlife stops, in a viewscape, and at a rest area; the spacing of vehicles to ensure time for sheep crossings; restrictions to night-time traffic volumes; and restrictions to large (construction-related) vehicle traffic. On September 27, 2012, the Regional Director, Alaska signed a Record of Decision (ROD) selecting the preferred alternative in the VMP for implementation. One standard in the preferred alternative limits the maximum level of vehicle use on the restricted section (miles 15-90) of the park road to 160 vehicles per 24-hour period in the visitor season, defined in the park's General Management Plan (GMP) as the season beginning on the Saturday before Memorial Day and ending on the second Thursday after Labor Day. This standard allows the NPS to meet growing visitor demand while maintaining a high-quality experience. The NPS has been managing vehicle use on the park road consistent with the VMP since 2012. Resources staff monitor this and other indicators in the VMP to ensure the road is managed according to the plan.

Proposed Rule

This rule would update the park's special regulations to reflect NPS management of the park road in accordance with the VMP. The current version of the applicable special regulations state that the NPS will issue no more than 10,512 motor vehicle permits for travel on the restricted section of the park road during the visitor season that was defined in the GMP. This regulatory text would be replaced with a statement that no more than 160 vehicles may travel on the restricted section of the road per 24-hour period during the visitor season. The rule also would make a minor change to the regulatory text by deleting text that departs from the visitor season, as it was defined in the GMP, by ending the season on September 15 if that comes before the second Thursday after Labor Day. The rule would clarify that the season always ends on the second Thursday after Labor Day, providing additional opportunities for recreation and access by lengthening the season in some years. The rule also would clarify that any vehicle traveling on the park road counts toward the vehicle limit, not just vehicles operating under a permit. The VMP evaluated impacts from all motor vehicle use on the road, permitted or not. Some vehicles that use the road do not have a permit, such as tour buses that operate under concession contracts and vehicles used by the NPS for administrative purposes.

NPS requests comments on potential alternatives and potential economic impacts of this proposed rule if it were to be finalized.

Compliance With Other Laws, Executive Orders, and Department Policy

Regulatory Planning and Review (Executive Orders 12866 and 14192)

This rule has been determined to be not significant for purposes of Executive Order 12866. This rule is an Executive Order 14192 deregulatory action.

Regulatory Flexibility Act

This proposed 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.). No small entities would be directly regulated by this rule, which would update outdated regulations to reflect the NPS's management of the park road since 2012 in accordance with the VMP. This action is not expected to have adverse economic effects on any sector, including small entities. For these reasons, the NPS certifies that this rule will not have a significant economic impact on a substantial number of small entities; therefore, a regulatory flexibility analysis is not required.

Congressional Review Act

This proposed rule is not a major rule under 5 U.S.C. 804(2). This proposed rule:

(a) Would not have an annual effect on the economy of $100 million or more.

(b) Would not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions.

(c) Would 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

Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) requires that agencies assess whether a rule would impose a Federal mandate that may result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any 1 year. As of 2025, that threshold is approximately $206 million (2024 dollars). This regulation will not result in expenditures by State, local, or Tribal governments, in the aggregate, or by the private sector, in excess of the threshold. Thus, no written assessment of unfunded mandates is required.”

Takings (Executive Order 12630)

This proposed rule would 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, this proposed rule would not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. This rule would only affect use of federally administered lands and waters. It would have no direct effects on other areas. A federalism summary impact statement is not required.

Civil Justice Reform (Executive Order 12988)

This proposed rule complies with the requirements of Executive Order 12988. This proposed 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 Alaska Native Tribes and Alaska Native Corporations (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. NPS staff communicated with local tribal ( printed page 28463) groups regarding the VMP. The planning alternatives were developed with consideration that project actions would avoid or minimally disturb resources or values important to affiliated Alaska Native Tribes. The planning alternatives did not entail new construction or ground disturbance and are not anticipated to impede access to places of traditional religious, ceremonial, or other customary activities. NPS has evaluated this proposed rule under the criteria in Executive Order 13175 and under the Department's consultation policy and has determined this rule will have no substantial direct effect on Alaska Native Tribes or Alaska Native Corporation lands, water areas, or resources. However, any consultation and communication with Alaska Native Tribes and Alaska Native Corporations is welcome and will be considered by the NPS throughout the rulemaking process.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

This proposed rule contains no new information collections. All information collections require approval under the Paperwork Reduction Act of 1995 (PRA; 44 U.S.C. 3501 et seq.). 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 of 1969 (NEPA; 42 U.S.C. 4321 et seq.)

The NPS prepared an environmental impact statement as part of the VMP in compliance with NEPA. This proposed rule merely conforms the regulatory text to the ROD as it has been implemented for over a decade, which identifies the limits for vehicle use that would be stated in the rule. Copies of these documents are available online at https://parkplanning.nps.gov/​dena by clicking the link titled “Denali Park Road Vehicle Management Plan,” then the link titled “Document List.”

Effects on the Energy Supply (Executive Order 13211)

This proposed rule is not a significant energy action under the definition in Executive Order 13211; this proposed rule is not likely to have a significant adverse effect on the supply, distribution, or use of energy, and this proposed rule has not otherwise been designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action. A Statement of Energy Effects in not required.

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

1. The authority citation for part 13 continues to read as follows:

Authority: 16 U.S.C. 3101 et seq.;54 U.S.C. 100101, 100751, 320102; Sec. 13.1204 also issued under Pub. L. 104-333, Sec. 1035, 110 Stat. 4240, November 12, 1996.

2. Revise § 13.930 to read as follows:

3. Revise § 13.932 to read as follows:

91 FR 28461