[Federal Register Volume 61, Number 153 (Wednesday, August 7, 1996)]
[Rules and Regulations]
[Page 40996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19958]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 31
RIN 1024-AC51
Indiana Dunes National Lakeshore: Zoning Standards
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: The National Park Service (NPS) is deleting Part 31 of Title
36 of the Code of Federal Regulations (CFR), Zoning Standards for
Indiana Dunes National Lakeshore. This deletion is necessary because
Section 5 of the enabling legislation for the National Lakeshore, which
authorized the Secretary of the Interior to promulgate minimum zoning
standards, which, if complied with by local governments, would exempt
private property within the boundaries of Lakeshore from condemnation
by the United States, has been repealed. Therefore, 36 CFR part 31 is
no longer needed.
EFFECTIVE DATE: The rule will become effective on August 7, 1996.
FOR FURTHER INFORMATION CONTACT: Superintendent, Indiana Dunes National
Lakeshore, 1100 N. Mineral Springs Road, Porter, IN 46304. Telephone
219-926-7561.
SUPPLEMENTARY INFORMATION:
Background
Section 5 of the enabling legislation for Indiana Dunes National
Lakeshore of November 5, 1966 (80 Stat. 1309), authorized the Secretary
of the Interior to promulgate minimum zoning standards which, if
complied with by local governments, would exempt private property
within the boundaries of the National Lakeshore from condemnation by
the United States. Section 1(9) of the Act of October 18, 1976 (90
Stat. 2533), repealed Section 5 of the enabling legislation. Therefore,
36 CFR part 31 is no longer in effect.
The purpose of this action is to delete the zoning standards for
Indiana Dunes National Lakeshore because they are no longer valid. The
regulations in this part were originally established in accordance with
the enabling legislation for the National Lakeshore in 1966 to assist
in administering, preserving and developing the unit. Subsequent
legislation passed in 1976 made these regulations obsolete.
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
the existing rules are no longer in effect. 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. 533(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)), it has been 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 primary author of this rule is Dennis Burnett, Washington
Office of Ranger Activities, National Park Service.
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 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
nonexistent.
The Service has determined and certifies pursuant to the Unfunded
Mandates Reform Act, 2 U.S.C. 1502 et seq., that this proposed 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 interim rule 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 non-compatible uses which compromise the nature and
characteristics of the area, or cause physical damage to it;
(c) Conflict with adjacent ownerships or land uses; or
(d) Cause a nuisance to adjacent owners or occupants.
Based on this determination, this final rule is categorically
excluded from the procedural requirements of the National Environmental
Policy Act (NEPA) by Departmental regulations in 516 DM 6 (49 FR
21438). As such, neither an Environmental Assessment (EA) nor an
Environmental Impact Statement (EIS) has been prepared.
List of Subjects in 36 CFR Part 31
National parks, Reporting and recordkeeping requirements.
In consideration of the foregoing, the NPS is amending 36 CFR
Chapter I as follows:
PART 31--INDIANA DUNES NATIONAL LAKESHORE: ZONING STANDARDS
1. The authority citation for part 31 continues to read as follows:
Authority: Sec. 5, 80 Stat. 1309, sec. 3, 39 Stat. 535; 16
U.S.C. 3, 460u.
PART 31--[REMOVED]
2. 36 CFR Part 31 is removed.
Dated: July 18, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-19958 Filed 8-6-96; 8:45 am]
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