Delaware Water Gap National Recreation Area; Removal of Outdated Regulations
| Published date | 21 June 2019 |
| Record Number | 2019-12999 |
| Section | Rules and Regulations |
| Court | National Park Service |
Federal Register, Volume 84 Issue 120 (Friday, June 21, 2019)
[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Rules and Regulations]
[Pages 29081-29083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12999]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-DEWA-25798; GPO Deposit Account 4311H2]
RIN 1024-AE46
Delaware Water Gap National Recreation Area; Removal of Outdated
Regulations
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: This rule removes special regulations for Delaware Water Gap
National Recreation Area about rock climbing and commercial vehicles
that are no longer necessary.
DATES: This rule is effective June 21, 2019.
FOR FURTHER INFORMATION CONTACT: Eric Lisnik, Chief Ranger, Delaware
Water Gap National Recreation Area, 1978 River Road, Bushkill, PA
18324; (570) 426-2414; [email protected].
SUPPLEMENTARY INFORMATION:
Background
Delaware Water Gap National Recreation Area (the recreation area)
is the largest natural area in the National Park System between
Virginia and Maine and one of the largest protected natural areas in
the metropolitan corridor extending from Washington, DC, to Boston, MA.
Located near the New York City and Philadelphia metropolitan areas, and
easily accessible by private vehicle, the recreation area offers a
variety of recreational opportunities. These include hiking, swimming,
fishing, hunting, boating, pleasure driving, and sight-seeing; learning
about natural and cultural history; and enjoying the solitude of a
rural environment and a change of pace. The waters of the Middle
Delaware National Scenic & Recreational River are of exceptional
quality. The 125 miles of the Delaware River that includes the Upper
Delaware National Scenic & Recreational River, Delaware Gap National
Recreation Area (Middle Delaware), and the Lower Delaware National Wild
& Scenic River are classified as Special Protection Waters which have
exceptionally high scenic, recreational and ecological values. The
free-flowing Delaware River cuts through a narrow valley, and the
adjacent lands contain streams and waterfalls, geologic features, a
variety of plants and wildlife, and cultural resources. The National
Park Service (NPS) administers the lands and waters within the
recreation area to provide outdoor recreation opportunities while
conserving the natural, cultural and scenic resources of the recreation
area. In so doing, the NPS works cooperatively with surrounding
communities and the public to achieve the conservation goals of the
Delaware River region.
Regulatory Reform Initiative
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
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.
Final Rule
The NPS has identified several special regulations applicable to
the recreation area that are outdated and no longer enforced by the
NPS. The NPS is removing these regulations to reduce a potential source
of confusion for the public about what activities are allowed within
the recreation area. These regulations are codified in 36 CFR 7.71(c)-
(e) and address rock climbing and commercial vehicles.
Paragraph (c) requires visitors to register with the Superintendent
prior to technical rock climbing. For the program to function properly
climbers would register with the NPS prior to a climb, and then notify
the NPS when the climb had safely concluded. The NPS found that the
registration requirement triggered search missions that often were
unfounded or unnecessary, because this registration system was not used
properly by the public. As a result, the NPS determined that the costs
associated with the program outweighed any potential benefits to public
safety from its implementation. The registration requirement for
technical rock climbing was operationally eliminated more than 25 years
ago and has not been enforced since.
Paragraphs (d) and (e) identify the types of commercial vehicles
that may be operated within DEWA and establish a fee schedule for those
vehicles. The legislation authorizing the regulations about commercial
vehicles has expired and was replaced in 2018 with a new Congressional
authorization, Public Law 115-101 (January 8, 2018), that authorized
the Superintendent to establish a fee and permit program. Commercial
vehicle rules will now be
[[Page 29082]]
published in the Superintendent's Compendium, which is available on the
park's website at www.nps.gov/dewa. In order to reduce ambiguity in NPS
regulations about the use of commercial vehicles within DEWA, this rule
will state that, notwithstanding the general prohibition of commercial
vehicles in 36 CFR 5.6, commercial vehicles are allowed in DEWA in
accordance with applicable law. This rule will also state that the
Superintendent will notify the public about rules related to commercial
vehicles, including the requirements of the fee and permit program,
using the methods set forth in 36 CFR 1.7.
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 not an E.O. 13771 (``Reducing Regulation and
Controlling Regulatory Costs'') (82 FR 9339, February 3, 2017)
regulatory action because this rule is not significant under E.O.
12866.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) requires an agency to prepare
a regulatory flexibility analysis for rules unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. The RFA applies only to rules for
which an agency is required to first publish a proposed rule. See 5
U.S.C. 603(a) and 604(a). The RFA does not apply to this final rule
because the National Park Service is not required to publish a proposed
rule for the reasons explained below with regard to the Administrative
Procedure Act.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2). 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
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 (2 U.S.C. 1531 et seq.) 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.
Administrative Procedure Act (Notice of Proposed Rulemaking and
Effective Date)
We recognize that under 5 U.S.C. 553(b) and (c), notice of proposed
rules ordinarily must be published in the Federal Register and the
agency must give interested parties an opportunity to submit their
views and comments. We have determined under 5 U.S.C. 553(b) and 318 DM
HB 5.3, however, that notice and public comment for this rule are not
required. We find good cause to treat notice and comment as
unnecessary. As discussed above, the regulatory provisions being
removed are outdated, unnecessary, and no longer enforced by the NPS.
Maintaining these regulations is potentially confusing for the public.
These regulatory changes will not benefit from public comment, and
further delaying them is contrary to the public interest.
We also recognize that rules ordinarily do not become effective
until at least 30 days after their publication in the Federal Register.
We have determined, however, that good cause exists for this rule to be
effective immediately upon publication for the reasons stated above.
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 have 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
[[Page 29083]]
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 detailed statement
under the National Environmental Policy Act of 1969 (NEPA) is not
required because the rule is covered by a categorical exclusion. We
have determined the rule is categorically excluded under 43 CFR
46.210(i) because it is administrative, legal, and technical in nature.
We also have determined 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 7
District of Columbia, National parks, Reporting and Recordkeeping
requirements.
In consideration of the foregoing, the National Park Service amends
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. 7.71 by:
0
a. Revising paragraph (c)
0
b. Removing paragraphs (d), and (e).
0
c. Redesignating paragraph (f) as paragraph (a).
0
d. Redesignating paragraph (g) as paragraph (d).
The revisions to read as follows:
Sec. 7.71 Delaware Water Gap National Recreation Area.
* * * * *
(c) Commercial vehicles. Notwithstanding the prohibition of
commercial vehicles set forth in Sec. 5.6 of this chapter, commercial
vehicles are authorized to use the portions of U.S. Highway 209 located
within the Delaware Water Gap National Recreation Area in accordance
with applicable law. The Superintendent will provide notice to the
public about rules related to commercial vehicles, including the
requirements of a fee and permit program, using the methods set forth
in Sec. 1.7 of this chapter.
* * * * *
Andrea Travnicek,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks
Exercising the Authority of the Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 2019-12999 Filed 6-20-19; 8:45 am]
BILLING CODE 4312-52-P
