[Federal Register Volume 62, Number 114 (Friday, June 13, 1997)]
[Rules and Regulations]
[Pages 32201-32203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15551]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AC61
National Capital Region Parks, Special Regulations
AGENCY: National Park Service, Interior.
ACTION: Final Rule and policy statement.
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SUMMARY: The National Park Service (NPS) is revising existing
regulations to effect two needed but unrelated changes to NPS
regulations found at 36 CFR 7.96. One change deletes reference to the
John F. Kennedy Center for the Performing Arts. The need for this
[[Page 32202]]
revision arose from Public Law 103-279 which removed the Kennedy Center
from NPS jurisdiction. The other change revises existing regulations,
currently found at 36 CFR 7.96(k)(2)(v) and (vi), governing the
distribution of literature within two park areas administered in the
National Capital Region. The need for these revisions arose from two
court decisions addressing literature distribution in these areas.
DATES: This rule becomes effective on June 13, 1997.
FOR FURTHER INFORMATION CONTACT: Sandra Alley, Public Affairs Officer,
National Capital Region, National Park Service, 1100 Ohio Drive, S.W.,
Washington, D.C. 20242. Telephone 202-205-1918. Richard G. Robbins,
Assistant Solicitor, National Capital Region Parks, Office of the
Solicitor, Department of the Interior, Washington, D.C. 20240.
Telephone 202-208-4338.
SUPPLEMENTARY INFORMATION:
Background
Pursuant to Public Law 103-279, the NPS no longer has operating
responsibilities within the John F. Kennedy Center for the Performing
Arts. Accordingly, the NPS finds it necessary to revise existing
regulations, currently found at 36 CFR 7.96, to delete references to
the Kennedy Center.
In a matter unrelated to the Kennedy Center, on May 22, 1992, the
United States Court of Appeals for the District of Columbia Circuit
affirmed an injunction which barred the NPS's enforcement of a portion
of 36 CFR 7.96(k)(2)(vi). In this civil action, the court held that the
NPS prohibition against the free distribution of literature on the
Constitution Avenue and Henry Bacon Drive sidewalks adjacent to the
Vietnam Veterans Memorial was an unconstitutional abridgement under the
First Amendment. Henderson v. Lujan, 964 F.2d 1179 (D.C. Cir. 1992). It
is necessary, therefore, to revise the regulation consistent with the
court's opinion. While the free distribution of literature without the
aid of stands and structures is now allowed on these sidewalks, the NPS
reaffirms the continued need to prohibit demonstration, special event
and sales activities in this area.
On December 15, 1989, the U.S. District Court for the District of
Columbia issued an order dismissing a criminal action against a
defendant charged with a violation of 36 CFR 7.96(k)(2)(v). This
criminal action, regarding the NPS prohibition against the free
distribution of literature on East Executive Avenue, was dismissed as
an unconstitutional abridgment under the First Amendment. United States
v. Fennelly, 726 F.Supp. 871 (D.D.C. 1989). It is necessary, therefore,
to also revise this regulation consistent with the memorandum opinion
dismissing the criminal action. While the free distribution of
literature without the aid of stands or structures is allowed in this
park area, the NPS reaffirms the continued need to prohibit
demonstration, special event and sales activities in this area.
Administrative Procedure Act
In accordance with the Administrative Procedure Act (5 U.S.C.
553(b)(B)), the NPS is promulgating this rule under the ``good cause''
exception of the Act from general notice and comment rulemaking. As
discussed above, the NPS believes this exception is warranted because
of Public Law 103-279 and the two recent court decisions . This final
rule will not impose any additional restrictions on the public and
comments on this rule are deemed unnecessary. Based upon this
discussion, the NPS finds pursuant to 5 U.S.C. 553(b)(B) that it would
be contrary to the public interest to publish this rule through general
notice and comment rulemaking.
The NPS also believes that publishing 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 in this
instance would be unnecessary and contrary to the public interest.
Therefore, under the ``good cause'' exception of the Administrative
Procedure Act (5 U.S.C. 553(d)(3)), the NPS has determined that this
final rulemaking is excepted from the 30-day delay in the effective
date and will therefore become effective on the date published in the
Federal Register.
Drafting Information
The following persons participated in the writing of this
regulation: Richard G. Robbins and Randolph J. Myers, National Capital
Parks, Office of the Solicitor, Department of the Interior, Washington,
D.C.
Paperwork Reduction Act
This final rule 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 is not a significant rule requiring review by the Office
of Management and Budget under Executive Order 12866. The Department of
the Interior has determined that this rule will not have a significant
economic effect on a small number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et. seq.). The economic
effects of this rulemaking are negligible in scope.
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.
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; or
(b) Introduce noncompatible uses which might compromise the nature
and characteristics of the area, or cause physical damage to it; or
(c) Conflict with adjacent ownerships 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) 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 in 36 CFR Part 7
District of Columbia, National parks, Reporting and recordkeeping
requirements.
In consideration of the foregoing, 36 CFR Chapter I is amended as
follows:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
1. 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 8-137 (1981) and D.C. Code 40-721 (1981).
2. Section 7.96 is amended by removing paragraph (g)(3)(ii)(B) and
redesignating paragraphs (g)(3)(ii)(C), (g)(3)(ii)(D) and (g)(3)(ii)(E)
as (g)(3)(ii)(B), (g)(3)(ii)(C) and (g)(3)(ii)(D), respectively.
3. Section 7.96 is amended by removing the current diagram of the
Kennedy Center found at the end of paragraph (g).
4. Section 7.96 is amended by revising paragraphs (k)(2)(iv),
(k)(2)(v) and (k)(2)(vi) to read as follows:
[[Page 32203]]
Sec. 7.96 National Capital Area.
* * * * *
(k) * * *
(2) * * *
(iv) The interior of all park buildings, including, but not limited
to, those portions of Ford's Theatre administered by the National Park
Service.
(v) The White House Park area bounded on the north by H Street, NW;
on the south by Constitution Avenue, NW; on the west by 17th Street,
NW; and on the east by 15th Street, NW; except for Lafayette Park, the
White House sidewalk (the south Pennsylvania Avenue, NW sidewalk
between East and West Executive Avenues) and the Ellipse; Provided,
however, that the free distribution of literature conducted without the
aid of stands or structures, is permitted on East Executive Avenue.
(vi) Vietnam Veterans Memorial area extending to and bounded by the
south curb of Constitution Avenue on the north, the east curb of Henry
Bacon Drive on the west, the north side of the north Reflecting Pool
walkway on the south and a line drawn perpendicular to Constitution
Avenue two hundred (200) feet from the east tip of the memorial wall on
the east (this is also a line extended from the east side of the
western concrete border of the steps to the west of the center steps to
the Federal Reserve Building extending to the Reflecting Pool walkway);
Provided, however, that the free distribution of literature conducted
without the aid of stands or structures, is permitted on the
Constitution Avenue and Henry Bacon Drive sidewalks adjacent to the
Vietnam Veterans Memorial.
* * * * *
Dated: June 3, 1997.
William Leary,
Acting Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 97-15551 Filed 6-12-97; 8:45 am]
BILLING CODE 4310-70-P
