[Federal Register Volume 60, Number 213 (Friday, November 3, 1995)]
[Rules and Regulations]
[Pages 55789-55791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27148]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Chapter I and Parts 1, 7, 9, 14, 20 and 64
RIN 1024-AC37
General Provisions, Definitions: Change in Organizational Title
From Regional Director to Field Director
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: The National Park Service (NPS) is amending the General
Provisions Definition of ``Regional Director'' to reflect a new
organizational structure. With the recent reorganization of the NPS
eliminating existing geographic regions (effective May 15, 1995), the
term Regional Director is no longer an agency job position. The duties
and responsibilities of these positions have been assumed by Field
Directors. This amendment to the definition will replace the term
Regional Director with Field Director wherever it appears in 36 CFR
parts 1-199, as well as eliminate all reference to the former
geographic regions.
This change is necessary because the terms Region and Regional
Director are no longer recognized in the NPS reorganizational
structure. Certain responsibilities and delegations of authority
associated with the former Regional Directors are now assumed by the
positions identified by the term Field Director. Publication of this
change is also a requirement of the Federal Register Act (44 U.S.C.
Chapter 15).
EFFECTIVE DATE: This rule is effective November 3, 1995.
ADDRESSES: Comments should be addressed to: Dennis Burnett, National
Park Service, Ranger Activities Division, P.O. Box 37127, Washington,
D.C. 20013-7127.
FOR FURTHER INFORMATION CONTACT: Dennis Burnett, Ranger Activities
Division, at the above address. Telephone (202) 208-4874.
SUPPLEMENTARY INFORMATION:
Background
The National Park System of the United States comprises 368 areas
covering over 80 million acres in 49 States, the District of Columbia,
American Samoa, Guam, Puerto Rico, Saipan and the Virgin Islands. These
areas of national significance justify special recognition and
protection in accordance with various acts of Congress.
In an Act signed on August 25, 1916, Congress established in the
Department of the Interior the National Park Service to provide
cohesive administration of those federal parklands under the Department
of the Interior's jurisdiction. This new agency assumed the
responsibility for the management of 29 park units that had previously
been designated by Congress. An Executive Order in 1933 transferred 63
national monuments and military sites from the Forest Service and the
War Department to the NPS. With this rapid increase in the number of
units entering the system, the NPS determined that an expanded
management system was necessary to properly administer the parks.
In August of 1937, the NPS initiated the geographical concept of
Regional Offices administered by Regional Directors by establishing
four (4) Regional Offices: Region One in Richmond, VA; Region Two in
Omaha, NE; Region Three in Santa Fe, NM; and Region Four in San
Francisco. These four original regional offices provided assistance in
the management and administration of the parks in their regions from
1937 until 1955 when Region Five was established in Philadelphia, PA.
National Capital Parks became Region Six on January 22, 1962. Also in
1962, Region One was renamed Southeast Region and on January 9, 1972,
the headquarters moved from Richmond to Atlanta, GA. A seventh regional
office, Northwest Region, was added on December 30, 1969, in Seattle,
WA. Region Eight, North Atlantic Region, was established on January 6,
1974, in Boston, MA. Region Nine, Rocky Mountain Region, was
established on November 30, 1973, in Denver, CO. The tenth and final
region,
[[Page 55790]]
Alaska Region, was added on December 2, 1980, in Anchorage, AK.
As a result of: (1) The NPS's own assessment of a need to change
how it accomplished its essential work with increasing constraints; (2)
the National Performance Review (NPR) which directed Federal agencies
to cut red tape, put customers first, empower employees to get results
and reduce layers in organizations; and (3) The Federal Workforce
Restructuring Act of 1994 (P.L. 103-226), a government-wide workforce
reduction, the NPS implemented a Servicewide restructuring of the
organization. The reorganization effort drastically reduces central
office staffs. The 10 NPS Regional Directors have been replaced by 7
Field Directors, who provide direction, oversight, budget formulation
and assistance in media relations for the parks and support offices in
their geographical field areas. With the change and revision of the
regional concept, all national park units are now grouped into clusters
to act collaboratively in sharing limited resources. A network of 16
system support offices provide services and support to the parks by
cluster.
The President of the United States, through the Secretary of the
Interior and the Director of the NPS allowed the Regional Directors of
the ten Regional Offices certain delegated authorities in the
management of the park units. 36 CFR Parts 1-199 contains many of these
authorities. Because the term Regional Director is codified in the CFR,
the definition of Regional Director must be replaced to reflect the new
authorities now found in Field Directors as a result of the
reorganization. Many of these authorities have the enforcement powers
of law.
The NPS is adopting this final rule pursuant to the ``agency
organization'' exception of the Administrative Procedure Act (5 U.S.C.
553(b)(A)) from general notice and comment rulemaking. The NPS believes
that this exception from rulemaking procedures is warranted because it
is merely a change in agency organizational structure. The NPS finds
that notice and comment are unnecessary and contrary to the public
interest for this final rule.
The NPS has also determined, in accordance with the Administrative
Procedure Act (5 U.S.C. 553(d)(3)), that the publishing of this final
rule 30 days prior to the rule becoming effective would be
counterproductive and unnecessary for the reasons discussed above. A
30-day delay would be contrary to the public interest and the interest
of the agency. Therefore, under the ``good cause'' exception of the
Administrative Procedure Act (5 U.S.C. 553(d)(3)), it has been
determined that this rulemaking is excepted from the 30-day delay in
the effective date and shall therefore become effective on the date
published in the Federal Register.
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 rule to the address noted at the beginning of
this rulemaking.
Drafting Information. The primary author of this rule is Dennis
Burnett of the Washington Office of Ranger Activities.
Paperwork Reduction Act
This rulemaking does not contain information collection
requirements that require approval by the Office of Management and
Budget under 44 U.S.C. 3501 et seq.
Compliance With Other Laws
This rule was not subject to Office of Management and Budget review
under Executive Order 12866. The Department of the Interior determined
that this document 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). The economic effects of this rulemaking are
negligible.
The NPS has determined that this proposed rulemaking will not have
a significant effect on the quality of the human environment, health
and safety because it is not expected to:
(a) Increase public use to the extent of compromising the nature
and character of the area or causing physical damage to it;
(b) introduce incompatible uses which compromise the nature and
characteristics of the area or cause physical damage to it;
(c) conflict with adjacent ownership or land uses; or
(d) cause a nuisance to adjacent owners or occupants.
Based on this determination, the regulation is categorically
excluded from the procedural requirements of the National Environmental
Policy Act (NEPA) and by Departmental guidelines in 516 DM 6 (49 FR
21438). As such, neither an Environmental Assessment nor an
Environmental Impact Statement has been prepared.
List of Subjects
36 CFR Part 1
National parks, Reporting and recordkeeping requirements.
36 CFR Part 7
National parks, Reporting and recordkeeping requirements.
36 CFR Part 9
Environmental protection, Mines, National parks, Oil and gas
exploration, Public lands--mineral resources, Public lands--rights-of-
way.
36 CFR Part 14
Electric power, Highways and roads, National parks, Public lands--
rights-of-way.
36 CFR Part 20
Isle Royale National Park, Commercial fishing.
36 CFR Part 64
Grants and allocations for recreations and conservation use of
abandoned railroad--rights-of-way.
In consideration of the foregoing, and under the authority at 18
U.S.C. 1 and 3, 36 CFR Chapter I is amended as follows:
1. 36 CFR Chapter I is amended by removing the term ``Regional
Director'' and inserting the term ``Field Director'' in it place each
time it appears.
PART 1--GENERAL PROVISIONS
2. The authority citation for part 1 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 460 l-6a(e), 462(k); D.C. Code 8-
137, 40-721 (1981).
3. Section 1.4 is amended in paragraph (a) by removing the
definition of ``Regional Director'' and adding a new definition of
``Field Director'', in alphabetical order, to read as follows:
Sec. 1.4 Definitions.
* * * * *
(a) * * *
Field Director means the official in charge of a geographic area of
the National Park Service.
* * * * *
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
4. The authority citation for part 7 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also
issued under D.C. Code 80-137 (1981) and D.C. Code 40-721 (1981).
5. The Alphabetical listing of the national park units in part 7 is
amended in the entry for Sec. 7.96 by removing the words ``Region
Parks'' and adding the word ``Area'' in its place.
[[Page 55791]]
Sec. 7.3 [Amended]
6. Section 7.3(b)(6) is amended by removing the words ``Midwest
Region,'' in the first sentence.
Sec. 7.16 [Amended]
7. Section 7.16(h)(5) is amended by removing the words ``Region
Four'' in the first sentence, and;
8. Section 7.16(j)(4) is amended by removing the words ``Western
Region,'' in the second sentence.
Sec. 7.22 [Amended]
9. Section 7.22(c)(10) is amended by removing the words ``Region
Two'' in the first sentence.
Sec. 7.63 [Amended]
10. Section 7.63(b)(10) is amended by removing the words ``Region
Two'' in the first sentence.
Sec. 7.96 [Amended]
11. Section 7.96 is amended by changing the word ``Region'' in the
section heading to ``Area'' and removing the word ``parks'', and;
12. Section 7.96(a) is amended by changing the word ``Region'' to
``Area'' in the first sentence, and;
13. Section 7.96(g)(1)(iii) is amended by changing the word
``Region'' to ``Area'' in the first sentence, and;
14. Section 7.96(g)(1)(viii) is amended by changing the word
``Region'' to ``Area'' in the first sentence, and;
15. Section 7.96(g)(1)(ix) is amended by changing the word
``Region'' to ``Area'' in the first sentence, and;
16. Section 7.96(g)(3) introductory text is amended by changing the
word ``Region'' to ``Area'' in the first sentence, and;
17. Section 7.96(g)(5)(vi)(A) is amended by changing the word
``Region'' to ``Area'' in the first sentence, and;
18. Section 7.96(g)(5)(vi)(D) is amended by changing the word
``Region'' to ``Area'' and removing the word ``areas'' in the first
sentence, and;
19. Section 7.96(g)(5)(xiv) is amended by changing the word
``Region'' to ``Area'' in the first sentence.
PART 9--MINERALS MANAGEMENT
20. The authority citation for part 9 continues to read as follows:
Authority: Mining Law of 1872 (R.S. 2319; 30 U.S.C. 21 et seq.);
Act of August 25, 1916 (39 Stat. 535, as amended (16 U.S.C. 1 et
seq.); Act of September 28, 1976; 90 Stat. 1342 (16 U.S.C. 1901 et
seq.).
Sec. 9.2 [Amended]
21. Section 9.2(l) is amended by changing the word ``region'' to
``area'' in the first sentence, and;
Sec. 9.31 [Amended]
22. Section 9.31(j) is amended by changing the word ``region'' to
``area'' in the first sentence, and;
Sec. 9.82 [Amended]
23. Section 9.82(d) is amended by changing the word ``Regional'' to
``Area'' in the first sentence.
PART 14--RIGHTS-OF-WAY
24. The authority citation for part 14 continues to read as
follows:
Authority: 16 U.S.C. 5, 79; 23 U.S.C. 317.
Sec. 14.2 [Amended]
25. Section 14.2 is amended by removing paragraph (c) and
redesignating paragraphs (d) through (i) as paragraphs (c) through (h).
PART 20--ISLE ROYALE NATIONAL PARK; COMMERCIAL FISHING
26. The authority citation for Part 20 continues to read as
follows:
Authority: Secs. 1-3, 39 Stat. 535, as amended, sec. 3,56 Stat.
133, secs 1, 2, 67 Stat. 495; 16 U.S.C. 1, 1b, 1c 2, 3, 408(k).
Sec. 20.1 [Amended]
27. Section 20.1(c) is amended by replacing the words ``Region
Two'' with the words ``of the area'' and adding the words ``where the
unit is located'' after ``National Park Service'', in the first
sentence.
PART 64--GRANTS AND ALLOCATIONS FOR RECREATION AND CONSERVATION USE
OF ABANDONED RAILROAD RIGHTS-OF-WAY
28. The authority citation for Part 64 continues to read as
follows:
Authority: Sec. 809(B) (2) and (3), 90 Stat. 145, Pub. L. 94-
210; Sec. 2 of Reorganization Plan No. 3 of 1950 (34 Stat. 1262).
Sec. 64.7 [Amended]
29. Section 64.7(c) is amended by removing the words ``Bureau of
Outdoor Recreation'' in the first sentence.
Dated: September 12, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-27148 Filed 11-2-95; 8:45 am]
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