Colonial National Historical Park; Vessels and Commercial Passenger-Carrying Motor Vehicles
| Published date | 06 October 2020 |
| Citation | 85 FR 63062 |
| Record Number | 2020-21756 |
| Section | Proposed rules |
| Court | National Park Service |
Federal Register, Volume 85 Issue 194 (Tuesday, October 6, 2020)
[Federal Register Volume 85, Number 194 (Tuesday, October 6, 2020)]
[Proposed Rules]
[Pages 63062-63064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21756]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-COLO-29180; GPO Deposit Account 4311H2]
RIN 1024-AE39
Colonial National Historical Park; Vessels and Commercial
Passenger-Carrying Motor Vehicles
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The National Park Service proposes to amend the special
regulations for Colonial National Historical Park. This proposed rule
would remove a regulation that prevents the Superintendent from
designating sites within the park for launching and landing private
vessels. The proposed rule also would remove outdated permit and fee
requirements for commercial passenger-carrying vehicles.
DATES: Comments on the proposed rule must be received by December 7,
2020.
ADDRESSES: You may submit comments, identified by Regulation Identifier
Number (RIN) 1024-AE39, by either of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
(2) By hard copy: Mail or hand deliver to: Superintendent, Colonial
National Historical Park, P.O. Box 210, Yorktown, VA 23690.
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-AE39 for this rulemaking. Comments
received may be posted without change to www.regulations.gov, including
any personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Kym Hall, Superintendent, Colonial
National Historical Park. Phone: (757) 898-2401; Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
Colonial National Historical Park is located along the James and
York Rivers and encompasses the historic Jamestown Island, Colonial
Parkway, and the Yorktown Battlefield. There are also small, inland
parcels of the park located at Greenspring, Gloucester Point, and Fort
Story. The park tells the story of the Colonial era from the origins of
the occupancy of Jamestown Island in 1607 to the last major battle of
the Revolutionary War at Yorktown in 1781. These two sites are
connected by the Colonial Parkway which winds 23 miles through scenic
forests, over waterways, along river banks, and under Colonial
Williamsburg. Much of the park is surrounded by water and includes an
extensive amount of shoreline. All of the waterways in the area are a
part of the Captain John Smith Chesapeake National Historic Trail that
overlays the entire Chesapeake Bay and a large portion of its navigable
tributaries. The park and the national historic trail are both a part
of the National Park System and go hand-in-hand in this area of
Virginia.
Secretarial Priorities
On February 24, 2017, President Trump issued Executive Order 13777,
``Enforcing the Regulatory Reform Agenda.'' This Executive Order
established a regulatory reform initiative to alleviate unnecessary
regulatory burdens placed on the American people. As part of the
Department of the Interior's approach for implementing this initiative,
the NPS is reviewing its regulations in order to identify those that
should be repealed, replaced, or modified. These include regulations
that are outdated or unnecessary. The NPS has identified special
regulations for the park addressing vessels and commercial passenger-
carrying vehicles as candidates for repeal, consistent with the
direction given under Executive Order 13771.
The proposed change in this document for launching and landing
vessels is consistent with Secretary of the Interior Order 3366,
``Increasing Recreational Opportunities on Lands and Waters Managed by
the U.S. Department of the Interior.'' This Order directs the NPS to
expand recreational opportunities on NPS-managed lands and waters.
Proposed Rule
Launching and Landing Vessels
Since the park was established in the 1930s, the NPS has prohibited
the launching or landing of watercraft, except in emergency situations.
The current prohibition is codified at 36 CFR 7.1(a) which states that,
except in emergencies, no privately owned vessel shall be launched from
land within the park and no privately owned vessel
[[Page 63063]]
shall be beached or landed on land within the park. Consistent with the
2003 Record of Decision for the Jamestown Project Development Concept
Plan, the NPS has been exploring new opportunities for boating within
the park. Local partners and members of the community have approached
the NPS to discuss funding the construction of potential launch sites
to better connect a variety of visitors to the shared history of the
area. The NPS and its partners share an interest in establishing access
to the James and York Rivers, and thus the Captain John Smith
Chesapeake National Historic Trail, for water-based educational and
recreational activities.
In order to allow the NPS to pursue these management objectives,
the special regulation at 36 CFR 7.1(a) must be removed. Without this
park-specific prohibition, the launching and landing of vessels would
be governed by NPS general regulations at 36 CFR 3.8(a)(2). This
regulation prohibits the launching or recovering (i.e., retrieval) of a
vessel, except at launch sites designated by the superintendent. Under
this general regulation, the Superintendent may designate launch and
retrieval sites within the park should the Superintendent determine
that the use of those sites for boating activities is an appropriate
public use. The Superintendent would provide notice to the public using
the methods set forth in 36 CFR 1.7.
Commercial Passenger-Carrying Motor Vehicles
The NPS also proposes to remove the special regulations for the
park at 36 CFR 7.1(b). These regulations require a permit for the
operation of commercial passenger-carrying motor vehicles within the
park and establish a fee structure for obtaining the permits. For each
seat carrying a passenger, an annual permit costs $3.50 and a quarterly
permit costs $1. One-day permits are available for $1 (up to 5-
passenger vehicles) or $3 (over 5 passenger vehicles). 36 CFR 7.1(b)(1)
through (4).
The permit requirement is unnecessary because it is redundant with
the NPS general regulation at 36 CFR 5.3, which requires a permit,
contract, or other written agreement in order to engage in business
operations within a park area. The NPS uses commercial use
authorizations (CUAs) to authorize commercial passenger-carrying motor
vehicles. A CUA is a type of permit that allows an individual, group,
company, or other for-profit entity to conduct commercial activities
and provide specific visitor services within a unit of the National
Park System.
The fee structure in 36 CFR 7.1(b) is over 30 years old. The NPS no
longer charges those fees because they would not come close to
offsetting the increasing administrative costs of managing commercial
passenger-carrying vehicles within the park. Instead, the NPS charges
an entrance fee for commercial passenger-carrying vehicles under
section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C.
6802) and CUA fees under section 418 of the National Park Service
Concessions Management Improvement Act of 1998 (54 U.S.C. 101925).
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 (OIRA) in the Office of Management and Budget will
review all significant rules. The OIRA has waived review of this
proposed rule and, at the final rule stage, will make a separate
decision as to whether the rule is a significant regulatory action as
defined by Executive Order 12866.
Executive Order 13563 reaffirms the principles of E.O. 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 rulemaking is not an E.O. 13771 (``Reducing Regulation and
Controlling Regulatory Costs'') (82 FR 9339, February 3, 2017)
regulatory action because this rulemaking is not significant under E.O.
12866.
Regulatory Flexibility Act
This rulemaking 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 ``Draft
Cost-Benefit and Regulatory Flexibility Threshold Analyses: Proposed
Regulations for Vessels and Commercial Passenger-Carrying Motor
Vehicles at Colonial National Historical Park.'' The document may be
viewed at www.regulations.gov by searching for ``1024-AE39.''
Small Business Regulatory Enforcement Fairness Act
This rulemaking is not a major rule under 5 U.S.C. 804(2). This
rulemaking:
(a) Does not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Unfunded Mandates Reform Act
This rulemaking does not impose an unfunded mandate on State,
local, or tribal governments or the private sector of more than $100
million per year. The rulemaking does not have a significant or unique
effect on State, local or tribal governments or the private sector. It
addresses public use of national park lands, and imposes no
requirements on other agencies or governments. A statement containing
the information required by the Unfunded Mandates Reform Act (2 U.S.C.
1531 et seq.) is not required.
Takings (Executive Order 12630)
This rulemaking 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
rulemaking does not have sufficient federalism implications to warrant
the preparation of a Federalism summary impact statement. This
rulemaking 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.
[[Page 63064]]
Civil Justice Reform (Executive Order 12988)
This rulemaking complies with the requirements of Executive Order
12988. This rulemaking:
(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 rulemaking under the criteria in Executive Order 13175 and under
the Department's tribal consultation policy and have determined that
tribal consultation is not required because the proposed rule will have
no substantial direct effect on federally recognized Indian tribes. The
NPS will consult with federally recognized tribes if and when launching
and landing sites for vessels are designated.
Paperwork Reduction Act
This rulemaking 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 rulemaking does not constitute a major Federal action
significantly affecting the quality of the human environment. A
detailed statement under the National Environmental Policy Act of 1969
(NEPA) is not required because the rulemaking is covered by a
categorical exclusion. The NPS has determined the rule is categorically
excluded under 43 CFR 46.210(i). The environmental effects of removing
36 CFR 7.1(a) are too broad, speculative, or conjectural to lend
themselves to meaningful analysis. Decisions to construct and designate
launching and landing sites will later be subject to the NEPA process,
either collectively or case-by-case. The nature of the proposal to
remove 36 CFR 7.1(b) is administrative, financial and legal. The NPS
has determined the rulemaking 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 rulemaking 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 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
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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.
Sec. 7.1 [Removed and Reserved]
0
2. Remove and reserve Sec. 7.1.
George Wallace,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2020-21756 Filed 10-5-20; 8:45 am]
BILLING CODE 4312-52-P
