[Federal Register Volume 62, Number 106 (Tuesday, June 3, 1997)]
[Rules and Regulations]
[Pages 30232-30235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14410]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Chapter I and Parts 1, 7, 8, 9, 11, 13, 17, 18, 20, 21, 28,
51, 65, 67, 73 and 78
RIN 1024-AC60
General Provisions, Definitions: Change in Organizational Title
From Field Director and Field Area to Regional Director and Region
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: The National Park Service (NPS) is amending the terms ``Field
Director'' and ``Field Area'' that came about as a result of a new
organizational structure. In 1995, the National Park
[[Page 30233]]
Service (NPS) implemented a restructuring plan which called for the use
of a number of new organizational titles and terminology. As a result
of this reorganization, the terms ``Region'' and ``Regional Director''
were changed to ``Field Area'' and ``Field Director'' (60 FR 55789).
These new terms have proven confusing to the public and other
governmental agencies. Because of this, the NPS is reverting back to
the historic terms of Region and Regional Director wherever they appear
in 36 CFR Parts 1-199.
In addition, this final rule will also eliminate several
definitions that appear in more than one location in the Chapter.
Removing duplicate definitions will eliminate unnecessary verbiage and
is in line with the National Performance Review recommendations for
reinventing government.
EFFECTIVE DATE: This rule is effective upon the date of publication in
the Federal Register.
FOR FURTHER INFORMATION CONTACT: Dennis Burnett, Ranger Activities
Division, National Park Service, at (202) 208-4874.
SUPPLEMENTARY INFORMATION:
Background
The National Park System of the United States comprises 374 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 August 25, 1916, Congress established the National Park Service
within the Department of the Interior to provide cohesive
administration of those Federal parklands under the Department of the
Interior's jurisdiction. In August of 1937, the NPS initiated the
geographical concept of Regional Offices administered by Regional
Directors. This concept eventually led to the establishment of ten
Regional Offices by 1980.
As a result of: (1) The NPS' 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 (Pub. L. 103-226), a government-wide
workforce reduction, the NPS implemented a Service wide restructuring
of the organization. As a result of this restructuring, the NPS changed
the terms ``Region'' and ``Regional Director'' to ``Field Area'' and
``Field Director.''
Use of the terms ``Field Area'' and ``Field Director'' was not
common among NPS staff nor the public and inhibited easy communication.
For many years, the NPS used the term ``field area'' to refer to local
operating units and this usage is also common among other Federal and
State agencies. While the concept of a Region and Regional Director is
fairly well understood by the public, a Field Area and Field Director
is either confusing or has no meaning at all. Because of this
confusion, the NPS is reverting back to the terms ``Region'' and
``Regional Director.''
In keeping with the National Performance Review recommendations for
reinventing government, the NPS is also removing several definitions
that appear in more than one location of Title 36. The definitions of
Secretary, Director and Superintendent appear in several Parts of Title
36. The removal of these duplicate definitions will reduce unnecessary
verbiage from the Chapter.
Administrative Procedure Act
The NPS is adopting this final rule pursuant to the ``agency
organization'' exception of the Administrative Procedure Act (5 U.S.C.
553(b)(3)(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, from
Field Director and Field Area to Regional Director and Region, as well
as the elimination of numerous duplicate definitions. The NPS finds
that notice and comment are unnecessary and contrary to the public
interest for this 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)), the NPS has
determined that this rulemaking is excepted from the 30-day delay in
the effective date and therefore becomes effective on the date
published in the Federal Register.
Drafting Information: The primary author of this rule is Dennis
Burnett, Ranger Activities Division, National Park Service, Washington,
D.C. 20013.
Paperwork Reduction Act
This rulemaking does not contain collections of information
requiring approval by the Office of Management and Budget under the
Paperwork Reduction Act of 1995.
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.
NPS has determined and certifies pursuant to the Unfunded Mandates
Reform Act, 2 U.S.C. 1502 et seq., that this rule will not impose a
cost of $100 million or more in any given year on local, State or
tribal governments or private entities.
The NPS has determined that this 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, this rulemaking 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, Penalties, Reporting and Recordkeeping
requirements, Signs and symbols.
36 CFR Part 7
District of Columbia, National parks, Reporting and recordkeeping
requirements.
36 CFR Part 8
Concessions, Labor, National parks, Reporting and recordkeeping
requirements.
[[Page 30234]]
36 CFR Part 9
Environmental protection, Mines, National parks, Oil and gas
exploration, public lands-miner resources, Public lands-rights-of-way.
36 CFR Part 11
National parks, Signs and symbols.
36 CFR Part 13
Alaska, National parks, Reporting and recordkeeping requirements.
36 CFR Part 17
National parks.
36 CFR Part 18
Historic preservation, National parks.
36 CFR Part 20
Isle Royale National Park; Commercial fishing.
36 CFR Part 21
National parks.
36 CFR Part 28
National parks, Seashores, Zoning.
36 CFR Part 51
Concessions, Government contracts, National parks.
36 CFR Part 65
Historic preservation.
36 CFR Part 67
Administrative practice and procedure, Historic preservation,
Income taxes.
36 CFR Part 73
National parks, World heritage convention.
36 CFR Part 78
Historic preservation.
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 ``Field
Director'' and inserting the term ``Regional Director'' in its 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).
Sec. 1.4 [Amended]
3. Section 1.4 is amended in paragraph (a) by revising the word
``Field'' in the heading of the definition for ``Field Director'' to
read ``Regional'' and placing the definition in the appropriate
alphabetical order.
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 national parks following the
authority citation for Part 7 is amended in the entry for ``National
Capital Area, D.C. area'' by revising the word ``Area'' to read
``Region''.
Sec. 7.96 [Amended]
6. Section 7.96 is amended by revising the word ``Area'' in the
section heading to read ``Region''.
7. Section 7.96(a) is amended by revising the word ``Area'' to read
``Region''.
8. Section 7.96(g)(1)(iii) is amended by revising the word ``Area''
to read ``Region''.
9. Section 7.96(g)(1)(viii) is amended by revising the word
``Area'' to read ``Region''.
10. Section 7.96(g)(1)(ix) is amended by revising the word ``Area''
to read ``Region''.
11. Section 7.96(g)(3) introductory text is amended by revising the
word ``Area'' to read ``Region'' in the first sentence.
12. Section 7.96(g)(5)(vi)(A) is amended by revising the word
``Area'' to read ``Region''.
13. Section 7.96(g)(5)(vi)(D) is amended by revising the word
``Area'' to read ``Region''.
14. Section 7.96(g)(5)(xiv) is amended by revising the word
``Area'' to read ``Region'' in the first sentence.
PART 8--LABOR STANDARDS APPLICABLE TO EMPLOYEES OF NATIONAL PARK
SERVICE CONCESSIONERS
15. The authority citation for Part 8 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 462(k).
Sec. 8.1 [Amended]
16.-18. Section 8.1 is amended by removing paragraphs (a) through
(c) and redesignating paragraphs (d) through (h) as paragraphs (a)
through (e), respectively.
PART 9--MINERALS MANAGEMENT
19. 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]
20. Section 9.2 is amended by removing paragraph (l) and
redesignating paragraphs (m) through (o) as paragraphs (l) through (n),
respectively.
21. Section 9.31 is amended by removing paragraph (j) and
redesignating paragraphs (k) through (p) as paragraphs (j) through (o),
respectively.
22. Section 9.82 is amended by removing paragraph (d) and
redesignating paragraph (e) as paragraph (d).
PART 11--ARROWHEAD AND PARKSCAPE SYMBOLS
23. The authority citation for Part 11 continues to read as
follows:
Authority: Sec. 3, 39 Stat. 535; 16 U.S.C. 3.
Sec. 11.1 [Amended]
24. Section 11.1 is amended by removing paragraph (b) and
redesignating paragraphs (c) and (d) as paragraphs (b) and (c),
respectively.
PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA
25. The authority citation for Part 13 continues to read as
follows:
Authority: 16 U.S.C. 1, 3, 462(k), 3101 et seq.; Sec. 13.65 also
issued under 16 U.S.C. 1a-2(h), 20, 1361, 1531, 3197.
Sec. 13.1 [Amended]
26. Section 13.1 is amended by removing paragraph (r) and
redesignating paragraphs (s) through (w) as paragraphs (r) through (v),
respectively.
PART 17--CONVEYANCE OF FREEHOLD AND LEASEHOLD INTERESTS ON LANDS OF
THE NATIONAL PARK SYSTEM
27. The authority citation for Part 17 continues to read as
follows:
Authority: Sec. 5(a), of the Act of July 15, 1968, 82 Stat. 354,
16 U.S.C. 460l-11(a).
Sec. 17.2 [Amended]
28. Section 17.2 is amended by removing paragraph (a) and
redesignating paragraphs (b) through (i) as paragraphs (a) through (h),
respectively.
PART 18--LEASES AND EXCHANGES OF HISTORIC PROPERTY
29. The authority citation for Part 18 continues to read as
follows:
Authority: Sec. 207. Pub. L. 96-515, 94 Stat. 2997 (16 U.S.C.
470h-3).
[[Page 30235]]
Sec. 18.2 [Amended]
30. Section 18.2 is amended by removing paragraph (c) and
redesignating paragraphs (d) through (n) as paragraphs (c) through (m),
respectively.
PART 20--ISLE ROYALE NATIONAL PARK; COMMERCIAL FISHING
31. 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]
32.-34. Section 20.1 is amended by removing paragraphs (a) through
(c) and redesignating paragraphs (d) and (e) as paragraphs (a) and (b),
respectively.
PART 21--HOT SPRINGS NATIONAL PARK; BATHHOUSE REGULATIONS
35. The authority citation for Part 21 continues to read as
follows:
Authority: Sec. 3, Act of August 25, 1916, 39 Stat. 535, as
amended (16 U.S.C. 3); sec. 3, Act of March 3, 1891, 26 Stat. 842,
as amended (16 U.S.C. 363).
Sec. 21.1 [Amended]
36. Section 21.1 is amended by removing paragraph (a) and
redesignating paragraphs (b) through (e) as paragraphs (a) through (d),
respectively.
PART 28--FIRE ISLAND NATIONAL SEASHORE: ZONING STANDARDS
37. The authority citation for Part 28 continues to read as
follows:
Authority: 16 U.S.C. 1, 3, 459e-2.
Sec. 28.2 [Amended]
38. Section 28.2 is amended by removing paragraph (m) and
redesignating paragraphs (n) and (o) as paragraphs (m) and (n),
respectively.
PART 51--CONCESSION CONTRACTS AND PERMITS
39. The authority citation for Part 51 continues to read as
follows:
Authority: The Act of August 25, 1916, as amended and
supplemented, 16 U.S.C. 1 et seq., particularly the Concessions
Policy Act of 1965, 16 U.S.C. 20 et seq., and 16 U.S.C. 3.
Sec. 51.3 [Removed]
40. Section 51.3(d) is removed.
PART 65--NATIONAL HISTORIC LANDMARKS PROGRAM
41. The authority citation for Part 65 continues to read as
follows:
Authority: 16 U.S.C. 461 et seq.; 16 U.S.C. 470 et seq.
Sec. 65.3 [Amended]
42.-43. Section 65.3 is amended by removing paragraphs (d) and (o)
and redesignating paragraphs (e) through (r) as paragraphs (d) through
(p), respectively.
PART 67--HISTORIC PRESERVATION CERTIFICATION S PURSUANT TO SEC.
48(g) AND SEC. 170(h) OF THE INTERNAL REVENUE CODE OF 1986
44. The authority citation for Part 67 continues to read as
follows:
Authority: Sec. 101(a)(1) of the National Historic Preservation
Act of 1966, 16 U.S.C. 470a-1(a)(170 ed.), as amended; Sec 48(g) of
the Internal Revenue Code of 1986 (90 Stat. 1519, as amended by 100
Stat. 2085) 26 U.S.C. 48(g); and Sec. 170(h) of the Internal Revenue
Code of 1986 (94 Stat. 3204) 26 U.S.C. 170(h).
Sec. 67.2 [Amended]
45. Section 67.2, the definition for ``Secretary'' is removed.
PART 73--WORLD HERITAGE CONVENTION
46. The authority citation for Part 73 continues to read as
follows:
Authority: 94 Stat. 3000; 16 U.S.C. 470a-1, a-2, d.
Sec. 73.3 [Amended]
47. Section 73.3, the definitions for ``Secretary'' and
``Director'' are removed.
PART 78--WAIVER OF FEDERAL AGENCY RESPONSIBILITIES UNDER SECTION
110 OF THE NATIONAL HISTORIC PRESERVATION ACT
48. The authority citation for Part 78 continues to read as
follows:
Authority: National Historic Preservation Act of 1966, as
amended, 16 U.S.C. 470 et seq.
Sec. 78.2 [Amended]
49. Section 78.2, the definition for ``Secretary'' is removed.
Dated: May 16, 1997.
Don Barry,
Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 97-14410 Filed 6-2-97; 8:45 am]
BILLING CODE 4310-70-P
