[Federal Register Volume 64, Number 243 (Monday, December 20, 1999)]
[Rules and Regulations]
[Pages 71025-71026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32931]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 102-AC76
National Capital Region, Special Regulations
AGENCY: National Park Service, Interior.
ACTION: Temporary final rule.
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SUMMARY: The National Park Service is temporarily amending the current
regulation for the National Capital Region. This amendment will allow
use of the area immediately surrounding the Washington Monument for
fireworks for the official America's Millennium celebration marking the
beginning of the year 2000. The temporary amendment will expire at the
conclusion of the celebration and the fireworks' removal but no later
than January 8, 2000.
DATES: This rule becomes effective on December 20, 1999 and terminates
on January 8, 2000.
FOR FURTHER INFORMATION CONTACT:
Superintendent Arnold Goldstein, National Capital Parks--Central, 900
Ohio Drive SW, Washington, DC 20240, telephone (202) 585-9880.
SUPPLEMENTARY INFORMATION: The Washington Monument is located on the
National Mall and honors our Nation's first President. Begun on July 4,
1848 and dedicated on February 21, 1885, the Washington Monument has
undergone three restorations. The current phase of the restoration has
required the construction of scaffolding surrounding the memorial,
which includes strips of architectural fabric attached to the exterior
of the scaffolding. The work of architect Michael Graves, this
scaffolding and architectural fabric has allowed the National Park
Service to have an aesthetic way to camouflage the construction zone
necessary for the Washington Monument's exterior stonework inspection
and repair, while retaining a sense of architecture of this great
obelisk.
Work on the exterior surfaces of the Washington Monument, including
use of the scaffolding, in this phase of restoration has been
completed. The conclusion of the restoration also coincides with the
official America's Millennium celebration that will be occurring on
parts of the National Mall. Given the presence of the scaffolding and
architectural fabric surrounding the Washington Monument, we believe
that there is a unique opportunity to have fireworks at this great
memorial marking the beginning of the year 2000, in coordination with
the official America's Millennium celebration. The Lincoln Reflecting
Pool will also be used as an integral part of the official America's
Millennium celebration fireworks display at the Washington Monument.
Finally, these fireworks, done by the nationally recognized fireworks
company of Grucci, have been designed to avoid damaging the Washington
Monument.
Under the existing regulation at 36 CFR 7.96, the Washington
Monument is surrounded by a restricted zone which consists of the area
enclosed within the inner circle that surrounds the obelisk. The
restricted zone is similar to three other designated memorials'
restricted zones where permits for demonstrations and special events
are prohibited by NPS regulation. This restricted zone is intended to
maintain the memorials in an atmosphere of calm, tranquility, and
reverence as well as protect legitimate security and park value
interests. 41 FR 12880 (1976) (Final Rule). The restricted zone
currently includes the scaffolding and its architectural fabric, on
which the fireworks would be placed.
There has always been a regulatory exception for the Washington
Monument's restricted zone that allows the official annual
commemorative Washington birthday celebration. With the Washington
Monument's exterior surfaces complete and prior to dismantling the
scaffolding, we believe it appropriate to temporarily revise the NPS
regulations to allow for this special, one-time use. This rule makes
that temporary revision. The temporary revision applies only for the
period needed to set up, conduct, and remove the fireworks for the
official America's Millennium celebration which will occur at midnight
December 31, 1999, in coordination with the official America's
Millennium celebration. Immediately after the celebration and the
fireworks' removal, NPS's regulation will revert to its former wording.
Procedural Matters
Administrative Procedure Act
Because this revision is necessary to enable the official America's
Millennium celebration to have fireworks at the Washington Monument at
midnight December 31, 1999, and because of the limited time remaining
[[Page 71026]]
before December 31, 1999, we are publishing this revision as a final
rule. In accordance with the requirements of the Administrative
Procedure Act (5 U.S.C. 553(B)), we have determined that publishing a
proposed rule would be impractical because of the short time period
available. We also believe that publishing this rule 30 days before the
rule becoming effective would be impractical because of the limited
time remaining before December 31, 1999. A 30-day delay in this
instance would be unnecessary and contrary to the public interest.
Therefore, under the Administrative Procedure Act (5 U.S.C. 553(d)(3)),
we have 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.
Federalism (Executive Order (E.O. 12612)
In accordance with E.O. 12612, this rule does not have significant
Federalism implications.
Takings Implications Assessment (E.O. 12630)
In accordance with E.O. 12630, the rule does not have takings
Implications.
Regulatory Planning and Review (E.O. 12866)
This document is not a significant rule and is not subject to
review the Office of Management and Budget (OMB) under E.O. 12866.
(1) This rule will not have an effect of $100 million or more on
the economy. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities.
(2) This rule will not create a serious inconsistency or interfere
with an action taken or planned by another agency.
(3) This rule does not alter the budgetary effects or entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients.
(4) This rule does not raise novel legal or policy issues.
Civil Justice Reform (E.O. 12988)
In accordance with E.O. 12988, the Office of the Solicitor has
determined that this rule does not unduly burden the judicial system
and meets the requirements of Secs. 3(a) and 3(b)(2) of the Order.
National Environmental Policy Act (NEPA)
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment.
Paperwork Reduction Act of 1995
This rule does not contain any collection of information requiring
approval under the Paperwork Reduction Act.
Regulatory Flexibility Act
This rule will not have a significant economic effect on a
substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 804(2)).
Unfunded Mandates Reform Act of 1995
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. A statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.) is not required.
List of Subjects in 36 CFR Part 7
National parks, monuments and memorials, recreation.
For the reasons given in the preamble, part 7 of title 36 of the
Code of Federal Regulations is amended to read as set forth below. This
amendment is effective from December 20, 1999 to January 31, 2000.
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 40-721 (1981).
2. In Sec. 7.96, in paragraph (g)(3)(ii)(A), the following words
are added after the word ``ceremony'': ``and for fireworks for the
official America's Millennium celebration''.
Dated: December 15, 1999.
John Leshy,
Solicitor, Department of the Interior.
[FR Doc. 99-32931 Filed 12-17-99; 8:45 am]
BILLING CODE 4710-70-M
