General Provisions; Electronic Cigarettes, 1647-1651 [2016-31957]
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(3) * * *
(ii) [The text of the proposed
amendment to § 1.1441–1(c)(3)(ii) is the
same as the text of § 1.1441–1T(c)(3)(ii)
published elsewhere in this issue of the
Federal Register.]
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(ii) [The text of the proposed
amendment to § 1.1441–1(c)(38)(ii) is
the same as the text of § 1.1441–
1T(c)(38)(ii) published elsewhere in this
issue of the Federal Register.]
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(B) [The text of the proposed
amendment to § 1.1441–1(e)(2)(ii)(B) is
the same as the text of § 1.1441–
1T(e)(2)(ii)(B) published elsewhere in
this issue of the Federal Register.]
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(3) [The text of the proposed
amendment to § 1.1441–1(e)(3)(iv)(C)(3)
is the same as the text of § 1.1441–
1T(e)(3)(iv)(C)(3) published elsewhere
in this issue of the Federal Register.]
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(B) [The text of the proposed
amendment to § 1.1441–1(e)(4)(i)(B) is
the same as the text of § 1.1441–
1T(e)(4)(i)(B) published elsewhere in
this issue of the Federal Register.]
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(2) [The text of the proposed
amendment to § 1.1441–1(e)(4)(ii)(A)(2)
is the same as the text of § 1.1441–
1T(e)(4)(ii)(A) published elsewhere in
this issue of the Federal Register.]
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(D) [The text of the proposed
amendment to § 1.1441–1(e)(4)(iv)(D) is
the same as the text of § 1.1441–
1T(e)(4)(iv)(D) published elsewhere in
this issue of the Federal Register.]
(E) [The text of the proposed
amendment to § 1.1441–1(e)(4)(iv)(E) is
the same as the text of § 1.1441–
1(e)(4)(iv)(E) published elsewhere in
this issue of the Federal Register.]
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■ Par. 3. Section 1.1441–2 is amended
by adding paragraph (a)(8) to read as
follows:
same as the text of § 1.1441–2T(a)(8)
published elsewhere in this issue of the
Federal Register.]
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■ Par. 4. Section 1.1441–6 is amended
by:
■ 1. Adding paragraphs (b)(1)(i) and
(b)(1)(ii).
■ 2. Revising paragraphs (c)(1) and
(c)(5)(i).
The additions and revision read as
follows:
§ 1.1441–2 Amounts subject to
withholding.
John Dalrymple,
Deputy Commissioner for Services and
Enforcement.
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(8) [The text of the proposed
amendment to § 1.1441–2(a)(8) is the
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§ 1.1441–6 Claim of reduced withholding
under an income tax treaty.
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(i) [The text of the proposed
amendment to § 1.1441–6(b)(1)(i) is the
same as the text of § 1.1441–6T(b)(1)(i)
published elsewhere in this issue of the
Federal Register.]
(ii) [The text of the proposed
amendment to § 1.1441–6(b)(1)(ii) is the
same as the text of § 1.1441–6T(b)(1)(ii)
published elsewhere in this issue of the
Federal Register.]
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(1) [The text of the proposed
amendment to § 1.1441–6(c)(1) is the
same as the text of § 1.1441–6T(c)(1)
published elsewhere in this issue of the
Federal Register.]
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(i) [The text of the proposed
amendment to § 1.1441–6(c)(5)(i) is the
same as the text of § 1.1441–6T(c)(5)(i)
published elsewhere in this issue of the
Federal Register.]
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■ Par. 5. Section 1.1441–7 is amended
by adding paragraph (b)(10)(iv) to read
as follows:
§ 1.1441–7 General provisions relating to
withholding agents.
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(iv) [The text of the proposed
amendment to § 1.1441–7(b)(10)(iv) is
the same as the text of § 1.1441–
7T(b)(10)(iv) published elsewhere in
this issue of the Federal Register.]
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[FR Doc. 2016–31589 Filed 12–30–16; 4:15 pm]
BILLING CODE 4830–01–P
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 1
[NPS–WASO–REGS–17326; GPO Deposit
Account 4311H2]
RIN 1024–AE30
General Provisions; Electronic
Cigarettes
National Park Service; Interior.
Proposed rule.
AGENCY:
ACTION:
The National Park Service
proposes to revise the regulation that
defines smoking to include the use of
electronic cigarettes and other electronic
nicotine delivery systems. The National
Park Service also proposes to allow a
superintendent to close an area,
building, structure, or facility to
smoking when necessary to maintain
public health and safety.
DATES: Comments must be received by
11:59 p.m. EST on March 7, 2017.
ADDRESSES: You may submit your
comments, identified by Regulation
Identifier Number (RIN) 1024–AE30, by
any of the following methods:
• Electronically: Federal eRulemaking
Portal: https://www.regulations.gov.
Follow the instructions for submitting
comments.
• Hard copy: Mail or hand deliver to:
A.J. North, Regulations Program,
National Park Service, 1849 C Street
NW., MS–2355, Washington, DC 20240.
Instructions: All submissions received
must include the agency name and RIN
for this rulemaking. We will only accept
comments as noted above. We will not
accept comments via email, fax or by
any other methods. All comments
received will be posted without change
to https://www.regulations.gov, including
any personal information provided. For
additional information, see the Public
Participation heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
SUMMARY:
Sara
Newman, Director, Office of Public
Health, by telephone 202–513–7225, or
email sara_newman@nps.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
General Authority and Jurisdiction
In the National Park Service Organic
Act of 1916, Congress granted the
National Park Service (NPS) broad
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authority to regulate the use of areas
under its jurisdiction to ‘‘conserve the
scenery, natural and historic objects,
and wild life in [National Park] System
units and to provide for the enjoyment
of the scenery, natural and historic
objects, and wild life in such manner
and by such means as will leave them
unimpaired for the enjoyment of future
generations.’’ 54 U.S.C. 100101. The
Organic Act authorizes the Secretary of
the Interior, acting through the NPS, to
‘‘prescribe such regulations as the
Secretary considers necessary or proper
for the use and management of [National
Park] System units.’’ 54 U.S.C. 100751.
NPS Smoking Regulation and Policy
The NPS protects park resources and
visitors by regulating smoking within
park areas. The regulation governing
smoking (36 CFR 2.21) was last
amended in 1983. This regulation
allows the superintendent to designate a
portion of a park area, or all or a portion
of a building, structure, or facility as
closed to smoking when necessary to
protect park resources, reduce the risk
of fire, or prevent conflicts among
visitor use activities. The regulation
prohibits smoking in an area or location
so designated and within all caves and
caverns. The existing definition of
‘‘smoking’’ in section 1.4 is limited to
combustible sources such as a tobacco
cigarette; it does not include the use of
electronic cigarettes and other electronic
nicotine delivery systems (ENDS). Since
2009, ENDS have emerged as an
alternative means of nicotine delivery,
one that does not require the burning of
tobacco. Essentially, when a user
‘‘draws’’ on an ENDS, a liquid solution
containing nicotine is heated and
vaporized, and inhaled by the user. The
user then exhales a vapor that mimics
the exhalation from a lit tobacco
cigarette.
NPS policy with respect to tobacco
smoking is found in Director’s Order
#50D (Smoking Policy), originally
issued in 2003, and then revised and
reissued in 2009. The purpose of the
Order—in conformity with Executive
Order 13058 (Protecting Federal
Employees and the Public From
Exposure to Tobacco Smoke in the
Federal Workplace)—is to ‘‘protect
employees and park visitors from the
health hazards and annoyances
associated with’’ exposure to
environmental tobacco smoke,
commonly known as ‘‘second-hand’’
smoke, which is a known human
carcinogen.
The Director issued Policy
Memorandum 15–03 (Use of Electronic
Nicotine Delivery Systems) on
September 10, 2015. This policy
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establishes NPS guidance on the use of
ENDS within all facilities and vehicles
that are Government owned or leased,
and within concessions facilities. The
purpose of the Policy Memorandum is
to afford all NPS employees and park
visitors the same protections from
exposure to nicotine and other harmful
substances that may be found in ENDS
vapor that are currently in place for
tobacco smoke. Under this policy, use of
ENDS is now treated as tobacco smoking
and all provisions of Director’s Order
#50D apply to ENDS use. With regard to
concessions facilities, the Policy
Memorandum requires that ENDS use
be treated the same as smoking for
purposes of NPS Management Policies
(2006).
Director’s Order #50D and Policy
Memorandum 15–03 are available
online on the NPS Office of Policy Web
site at https://www.nps.gov/applications/
npspolicy/index.cfm by clicking on the
drop-down menu and selecting
‘‘Smoking’’ from the list of policy
subjects.
Proposed Revision of NPS Regulations
at 36 CFR 1.4 and 2.21
The NPS proposes to apply its
smoking regulations at 36 CFR 2.21 to
ENDS use the same way they currently
apply to tobacco smoking. The basis for
this regulatory change is stated below
and in Policy Memorandum 15–03 and
will make NPS regulations consistent
with NPS policy on this subject.
Non-smokers are exposed to nicotine
and other potentially harmful
components of ENDS vapor at higher
than background levels when passively
exposed to second hand vapor.1 The
vapor exhaled from an ENDS also
contains potentially harmful levels of
particulate matter in addition to
nicotine, as well as potentially toxic
compounds such as carbonyls, metals,
and organic volatile compounds.2 There
has been increased attention in the
scientific community to explore the
level of potentially harmful constituents
in ENDS vapor.3 Despite lower levels of
nicotine than in second-hand smoke,
exhaled ENDS aerosols result in similar
nicotine uptake levels as measured by
blood serum cotinine levels in
1 See ‘‘Cigarettes vs. e-cigarettes: Passive exposure
at home measured by means of airborne marker and
biomarkers’’ (https://www.sciencedirect.com/
science/article/pii/S0013935114003089). See
‘‘Secondhand Exposure to Vapors From Electronic
Cigarettes’’ (https://www.ncbi.nlm.nih.gov/pmc/
articles/PMC4565991).
2 See https://apps.who.int/gb/fctc/PDF/cop6/
FCTC_COP6_10-en.pdf.
3 See https://www.fda.gov/NewsEvents/Newsroom/
PressAnnouncements/ucm499234.htm.
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bystanders.4 In the case of particulate
matter, epidemiological studies show
adverse effects of particulate matter
when only slightly elevated above
background levels indicating that we
should strive to achieve the lowest
concentrations possible.5 The Division
of Pharmaceutical Analysis of the Food
and Drug Administration (FDA)
analyzed the ingredients in a sample of
cartridges from two leading brands of
ENDS, and found the devices emitted
(1) tobacco-specific nitrosamines
(human carcinogens), and (2) diethylene
glycol, a chemical used in antifreeze
that is toxic to humans.6 Further
research is required before it is known
whether second hand exposure to ENDS
vapor will result in negative health
outcomes as with tobacco smoke.7
According to the World Health
Organization (WHO), simply because
ENDS exhaled aerosols contain lower
levels of toxicants than tobacco smoke
it does not mean second hand exposure
is acceptable and special consideration
is needed for sensitive populations like
pregnant women, developing fetuses,
and adolescents.8
The Surgeon General’s 2014 report
The Health Consequences of Smoking50 Years of Progress (Report) documents
the devastating health consequences of
tobacco smoking and also calls for
‘‘rigorous surveillance’’ of ENDS in
order to weigh their risks and potential
benefits (e.g., their possible efficacy in
reducing use of combustible tobacco
products).9 (Page 761). The Report
concludes that, in light of the links
between tobacco product use and ill
health, ‘‘all products containing tobacco
and nicotine should be assumed to be
both harmful and addictive.’’ (Page 780).
In 2016, the Surgeon General issued a
report entitled ‘‘E-Cigarette Use Among
Youth and Young Adults.’’ 10 This
Report emphasized that ENDS use
among youth and young adults is a
public health concern. The Report
concluded that aerosol can contain
harmful and potentially harmful
constituents, including nicotine, which
can cause addiction and harm the
4 See ‘‘Cigarettes vs. e-cigarettes: Passive exposure
at home measured by means of airborne marker and
biomarkers’’ (https://www.sciencedirect.com/
science/article/pii/S0013935114003089).
5 See https://apps.who.int/gb/fctc/PDF/cop6/
FCTC_COP6_10-en.pdf.
6 See https://www.fda.gov/downloads/drugs/
scienceresearch/ucm173250.pdf.
7 See https://www.fda.gov/NewsEvents/Newsroom/
PressAnnouncements/ucm499234.htm.
8 See https://www.fda.gov/NewsEvents/Newsroom/
PressAnnouncements/ucm499234.htm.
9 See https://www.surgeongeneral.gov/library/
reports/50-years-of-progress/.
10 See https://e-cigarettes.surgeongeneral.gov/
documents/2016_SGR_Full_Report_non-508.pdf.
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developing adolescent brain. The Report
stated that the use of products
containing nicotine, including ENDS,
poses dangers to youth, pregnant
women, and fetuses. In a report released
August 26, 2014, the WHO called for a
ban on the indoor use of ENDS,
especially in those spaces where
smoking is banned.11 (See Item #41,
page 11.)
On May 5, 2016, the FDA finalized a
rule (81 FR 28973) extending its
authority to ENDS under the Family
Smoking Prevention and Tobacco
Control Act (Pub. L. 111–31; 123 Stat.
1776). The rule brings ENDS in line
with regulations that have governed
tobacco products since 2009. The rule
prohibits the sale of ENDS to minors,
requires ENDS to meet applicable
product standards and receive
marketing authorization from the FDA,
requires the reporting of ingredients,
and places health warnings on product
packages and advertisements. The FDA
expressed concerns about the increasing
use of ENDS, especially among middle
and high school students, and explained
that the rule will ‘‘help protect
Americans from the dangers of tobacco
and nicotine.’’ 12 The FDA stated that
nicotine is dangerous and highly
addictive, even when it comes from
ENDS use, and that research has clearly
demonstrated that exposure to nicotine
at a young age increases the chance that
kids will become addicted. In addition
to nicotine exposure, the FDA stated
there are numerous other chemicals
present in ENDS that can cause
disease.13
The General Services Administration
(GSA) has advised the managers of all
GSA-occupied space—which includes
space rented by GSA on behalf of NPS—
that ENDS are subject to the same
restrictions imposed on smoking
tobacco products. The U.S. Fish and
Wildlife Service’s (FWS) policy found at
242 FW 13 goes even further, and
prohibits ‘‘vaping’’—another name for
ENDS use—in all interior spaces of FWS
facilities, whether Government owned
or leased.14 In addition, vaping is also
prohibited ‘‘in motor vehicles, heavy
equipment, aircraft, and most
watercraft’’ owned, leased, or controlled
by the FWS. Similarly, on August 14,
2014, the U.S. Geological Survey
(USGS) banned the use of ENDS ‘‘in all
interior space, courtyards, atriums,
11 See https://apps.who.int/gb/fctc/PDF/cop6/
FCTC_COP6_10-en.pdf.
12 See https://www.fda.gov/NewsEvents/
Newsroom/PressAnnouncements/ucm499234.htm.
13 See https://www.fda.gov/TobaccoProducts/
NewsEvents/ucm499383.htm.
14 See https://www.fws.gov/policy/242fw13.html.
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balconies and bus stops.’’ See, USGS
Manual 370.792.3.15
In addition to public health risks from
the inhalation of vapor, ENDS also pose
a risk of explosion and fire. A 2014
Federal Emergency Management Agency
(FEMA) report stated that fires or
explosions caused by the failure of
lithium-ion batteries in ENDS are rare,
but possible.16 Between 2009 and
August 2014, 25 incidents of explosion
and fire involving e-cigarettes were
reported in the U.S. Most of the
incidents occurred while the battery
was charging, but serious burn injuries
were also reported from explosions
when the device was in the user’s
mouth. FEMA stated that the shape and
construction of e-cigarettes can make
them more likely than other products
with lithium-ion batteries to behave like
‘‘flaming rockets’’ when a battery fails.
FEMA concluded that the number of
fires and explosions will likely increase
as the number of lithium-ion batteries in
use continues to grow.
Acting out of an abundance of caution
in light of the scientific findings and
uncertainty to date, and in the interest
of equity, the purpose of this proposed
rule (similar to the purpose of Policy
Memorandum 15–03) is to afford all
NPS employees and park visitors the
same protections from exposure to
nicotine and other harmful substances
that may be found in ENDS vapor that
are currently in place for exposure to
tobacco smoke.
The proposed rule would add a new
definition to 36 CFR 1.4 that defines
‘‘Electronic nicotine delivery system’’ as
an electronic device, such as an
electronic cigarette, that a person uses to
simulate smoking by inhaling vapor
from the device. The proposed rule
would revise the definition of
‘‘Smoking’’ in 36 CFR 1.4 to include the
direct inhalation of vapor from an
electronic nicotine delivery system. The
NPS also proposes to add a new basis
for which a superintendent may close
an area or building, structure, or facility
to smoking in 36 CFR 2.21—when
necessary to maintain public health and
safety. This reflects the health risks
associated with smoking tobacco
products and using ENDS. An existing
basis in the regulations for restricting
tobacco smoking—to reduce the risk of
fire—also would apply to the use of
ENDS for the reasons explained above.
After these changes are made, the
smoking regulation at 2.21 would apply
15 See https://www.usgs.gov/usgs-manual/370-600/
370-7923.html.
16 See https://www.usfa.fema.gov/downloads/pdf/
publications/electronic_cigarettes.pdf.
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to the smoking of tobacco and the use
of ENDS, consistent with NPS policy.
Compliance With Other Laws,
Executive Orders, and Department
Policy Regulatory Planning and Review
(Executive Orders 12866 and 13563)
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs (OIRA) in the Office of
Management and Budget will review all
significant rules. OIRA has determined
that this rule is not significant.
Executive Order 13563 reaffirms the
principles of Executive Order 12866
while calling for improvements in the
nation’s regulatory system to promote
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
achieving regulatory ends. The
executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. Executive Order 13563
emphasizes further that regulations
must be based on the best available
science and that the rulemaking process
must allow for public participation and
an open exchange of ideas. We have
developed this rule in a manner
consistent with these requirements.
Regulatory Flexibility Act (RFA)
This rule will not have a significant
economic effect on a substantial number
of small entities under the RFA
(5 U.S.C. 601 et seq.). This certification
is based on information contained in the
economic analyses found in the report
entitled ‘‘Benefit-Cost and Regulatory
Flexibility Analyses: Proposed
Regulation Revisions for Electronic
Nicotine Delivery Systems’’ which is
available online on the NPS Office of
Policy Web site at https://www.nps.gov/
applications/npspolicy/index.cfm by
clicking on the drop-down menu and
selecting ‘‘E-cigarettes’’ from the list of
policy subjects.
Small Business Regulatory Enforcement
Fairness Act (SBREFA)
This rule is not a major rule under 5
U.S.C. 804(2), the SBREFA. This rule:
(a) Does not have an annual effect on
the economy of $100 million or more.
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions.
(c) Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
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the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
effect on federally recognized Indian
tribes.
Unfunded Mandates Reform Act
(UMRA)
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. It
addresses public use of national park
lands, and imposes no requirements on
other agencies or governments. A
statement containing the information
required by the UMRA (2 U.S.C. 1531 et
seq.) is not required.
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.)
Takings (Executive Order 12630)
This rule does not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630. A takings implication
assessment is not required.
Federalism (Executive Order 13132)
Under the criteria in section 1 of
Executive Order 13132, the rule does
not have sufficient federalism
implications to warrant the preparation
of a Federalism summary impact
statement. This proposed rule only
affects use of NPS administered lands
and waters. It has no outside effects on
other areas. A Federalism summary
impact statement is not required.
Civil Justice Reform (Executive Order
12988)
This rule complies with the
requirements of Executive Order 12988.
This rule:
(a) Meets the criteria of section 3(a)
requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and
(b) Meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
sradovich on DSK3GMQ082PROD with PROPOSALS
Consultation With Indian tribes
(Executive Order 13175 and
Department Policy)
The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
tribes through a commitment to
consultation with Indian tribes and
recognition of their right to selfgovernance and tribal sovereignty. We
have evaluated this rule under the
criteria in Executive Order 13175 and
under the Department’s consultation
policy and have determined that tribal
consultation is not required because the
rule will have no substantial direct
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This rule does not contain
information collection requirements,
and a submission to the Office of
Management and Budget under the
Paperwork Reduction Act is not
required. We may not conduct or
sponsor and you are not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
National Environmental Policy Act of
1969 (NEPA)
This rule does not constitute a major
Federal action significantly affecting the
quality of the human environment. A
detailed statement under the NEPA is
not required because the rule is covered
by a categorical exclusion. This rule is
excluded from the requirement to
prepare a detailed statement because it
is a regulation of administrative, legal,
and technical nature (43 CFR 46.210(i)).
We have also determined that the rule
does not involve any of the
extraordinary circumstances listed in 43
CFR 46.215 that would require further
analysis under NEPA.
Effects on the Energy Supply (Executive
Order 13211)
This rule is not a significant energy
action under the definition in Executive
Order 13211. A Statement of Energy
Effects in not required.
Clarity of This Rule
We are required by Executive Orders
12866 (section 1(b)(12)) and 12988
(section 3(b)(1)(B)) and by the
Presidential Memorandum of June 1,
1998, to write all rules in plain
language. This means that each rule we
publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use clear language rather than
jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in the ADDRESSES
section. To better help us revise the
rule, your comments should be as
specific as possible. For example, you
should tell us the numbers of the
sections or paragraphs that you find
unclear, which sections or sentences are
too long, the sections where you feel
lists or tables would be useful, etc.
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Drafting Information: The primary
authors of this rule are Jay Calhoun and
Russel J. Wilson, Division of
Regulations, Jurisdiction, and Special
Park Uses, and Michael M. Shelton,
Program Analyst, Office of Policy,
National Park Service, Washington, DC.
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
proposed rule by one of the methods
listed in the ADDRESSES section. All
comments must be received by midnight
of the close of the comment period. We
will not accept comments by fax, email
or by any other methods. Bulk
comments in any format (hard copy or
electronic) submitted on behalf of others
will not be accepted.
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
List of Subjects in 36 CFR Part 1
National parks, Penalties, Reporting
and recordkeeping requirements, Signs
and symbols.
In consideration of the foregoing, the
National Park Service proposes to
amend 36 CFR part 1 as set forth below:
PART 1—GENERAL PROVISIONS
1. The authority citation for part 1
continues to read as follows:
■
Authority: 54 U.S.C. 100101, 100751,
320102.
2. In § 1.4 amend paragraph (a) by
adding, in alphabetical order, the term
‘‘Electronic nicotine delivery system’’
and revising the term ‘‘Smoking’’ to read
as follows:
■
§ 1.4
What terms do I need to know?
(a) * * *
Electronic nicotine delivery system
means an electronic device, such as an
electronic cigarette, that a person uses to
simulate smoking by inhaling vapor
from the device.
*
*
*
*
*
Smoking means the carrying of
lighted cigarettes, cigars or pipes; or the
E:\FR\FM\06JAP1.SGM
06JAP1
Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Proposed Rules
intentional and direct inhalation of
smoke from these objects; or the direct
inhalation of vapor from an electronic
nicotine delivery system.
*
*
*
*
*
■ 3. In § 2.21, revise paragraph (a) to
read as follows:
§ 2.21
Smoking
(a) The superintendent may designate
a portion of a park area, or all or a
portion of a building, structure or
facility as closed to smoking when
necessary to maintain public health and
safety, to protect park resources, reduce
the risk of fire, or prevent conflicts
among visitor use activities. Smoking in
an area or location so designated is
prohibited.
*
*
*
*
*
Dated: December 20, 2016.
Michael Bean,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2016–31957 Filed 1–5–17; 8:45 am]
BILLING CODE 4312–52–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 372
[EPA–HQ–TRI–2016–0390; FRL–9953–68]
RIN 2070–AK16
Addition of Natural Gas Processing
Facilities to the Toxics Release
Inventory (TRI)
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to add
natural gas processing (NGP) facilities
(also known as natural gas liquid
extraction facilities) to the scope of the
industrial sectors covered by the
reporting requirements of section 313 of
the Emergency Planning and
Community Right-to-Know Act
(EPCRA), commonly known as the
Toxics Release Inventory (TRI) and
section 6607 of the Pollution Prevention
Act (PPA). Adding these facilities would
meaningfully increase the information
available to the public on releases and
other waste management of listed
chemicals from the natural gas
processing sector and further the
purposes of EPCRA section 313. EPA
estimates that at least 282 NGP facilities
in the U.S. would meet the TRI
employee threshold (10 full-time
employees or equivalent) and
manufacture, process, or otherwise use
(threshold activities) at least one TRI-
sradovich on DSK3GMQ082PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
17:49 Jan 05, 2017
Jkt 241001
listed chemical in excess of applicable
threshold quantities. NGP facilities in
the U.S. manufacture, process, or
otherwise use more than 21 different
TRI-listed chemicals, including
n-hexane, hydrogen sulfide, toluene,
benzene, xylene, and methanol. EPA
expects that TRI reporting by U.S. NGP
facilities would provide significant
release and waste management data on
these chemicals to the public.
DATES: Comments must be received on
or before March 7, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
TRI–2016–0390, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the Web, cloud, or other file sharing
system). For additional submission
methods (e.g., mail or hand delivery),
the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Docket: The docket contains
supporting information used in
developing the proposed rule,
comments on the proposed rule, and
additional supporting information. A
public version of the docket is available
for inspection and copying between 8:30
a.m. and 4:30 p.m., Monday through
Friday, excluding federal holidays, at
the U.S. Environmental Protection
Agency, EPA Docket Center Reading
Room, WJC West Building, Room 3334,
1301 Constitution Avenue NW.,
Washington, DC 20004. A reasonable fee
may be charged for copying.
FOR FURTHER INFORMATION CONTACT: For
technical information contact: David
Turk, Regulatory Development Branch,
Office of Pollution Prevention and
Toxics (7410M), Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460; 202–
566–1527; email address: turk.david@
epa.gov, for specific information on this
notice.
For general information contact: The
Emergency Planning and Community
Right-to-Know Act (EPCRA) Hotline;
PO 00000
Frm 00044
Fmt 4702
Sfmt 4702
1651
telephone numbers: toll free at (800)
424–9346 (select menu option 3) or
(703) 412–9810 in the Washington, DC
Area and International; or toll free, TDD
(800) 553–7672; or go to https://
www.epa.gov/superfund/contacts/
infocenter.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
Entities potentially regulated by this
proposed action are those facilities that
primarily engage in the recovery of
liquid hydrocarbons from oil and gas
field gases, including facilities that
engage in sulfur recovery from natural
gas, and which manufacture, process, or
otherwise use chemicals listed at 40
CFR 372.65 and meet the reporting
requirements of EPCRA section 313, 42
U.S.C. 11023, and PPA section 6607, 42
U.S.C. 13106. These facilities are
categorized under Standard Industrial
Classification (SIC) code 1321 and North
American Industry Classification
System (NAICS) code 211112. Note that
the TRI regulations currently use the
2012 set of NAICS codes, as discussed
further in Units II.D. and IV.C.
B. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through https://
www.regulations.gov or email. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information in a disk or CD ROM that
you mail to EPA, mark the outside of the
disk or CD ROM as CBI and then
identify electronically within the disk or
CD ROM the specific information that is
claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When preparing and submitting
comments, see the commenting tips at
https://www.epa.gov/dockets/
comments.html.
II. Introduction
A. What is the statutory authority for
this proposed rule?
This action is taken under EPCRA
sections 313(b) and 328, 42 U.S.C.
11023(b) and 11048.
Specifically, EPCRA section
313(b)(1)(B), 42 U.S.C. 11023(b)(1)(B),
states that the Agency may ‘‘add or
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]]>Agencies
[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Proposed Rules]
[Pages 1647-1651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31957]
=======================================================================
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 1
[NPS-WASO-REGS-17326; GPO Deposit Account 4311H2]
RIN 1024-AE30
General Provisions; Electronic Cigarettes
AGENCY: National Park Service; Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The National Park Service proposes to revise the regulation
that defines smoking to include the use of electronic cigarettes and
other electronic nicotine delivery systems. The National Park Service
also proposes to allow a superintendent to close an area, building,
structure, or facility to smoking when necessary to maintain public
health and safety.
DATES: Comments must be received by 11:59 p.m. EST on March 7, 2017.
ADDRESSES: You may submit your comments, identified by Regulation
Identifier Number (RIN) 1024-AE30, by any of the following methods:
Electronically: Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments.
Hard copy: Mail or hand deliver to: A.J. North,
Regulations Program, National Park Service, 1849 C Street NW., MS-2355,
Washington, DC 20240.
Instructions: All submissions received must include the agency name
and RIN for this rulemaking. We will only accept comments as noted
above. We will not accept comments via email, fax or by any other
methods. All comments received will be posted without change to https://www.regulations.gov, including any personal information provided. For
additional information, see the Public Participation heading of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Sara Newman, Director, Office of
Public Health, by telephone 202-513-7225, or email sara_newman@nps.gov.
SUPPLEMENTARY INFORMATION:
Background
General Authority and Jurisdiction
In the National Park Service Organic Act of 1916, Congress granted
the National Park Service (NPS) broad
[[Page 1648]]
authority to regulate the use of areas under its jurisdiction to
``conserve the scenery, natural and historic objects, and wild life in
[National Park] System units and to provide for the enjoyment of the
scenery, natural and historic objects, and wild life in such manner and
by such means as will leave them unimpaired for the enjoyment of future
generations.'' 54 U.S.C. 100101. The Organic Act authorizes the
Secretary of the Interior, acting through the NPS, to ``prescribe such
regulations as the Secretary considers necessary or proper for the use
and management of [National Park] System units.'' 54 U.S.C. 100751.
NPS Smoking Regulation and Policy
The NPS protects park resources and visitors by regulating smoking
within park areas. The regulation governing smoking (36 CFR 2.21) was
last amended in 1983. This regulation allows the superintendent to
designate a portion of a park area, or all or a portion of a building,
structure, or facility as closed to smoking when necessary to protect
park resources, reduce the risk of fire, or prevent conflicts among
visitor use activities. The regulation prohibits smoking in an area or
location so designated and within all caves and caverns. The existing
definition of ``smoking'' in section 1.4 is limited to combustible
sources such as a tobacco cigarette; it does not include the use of
electronic cigarettes and other electronic nicotine delivery systems
(ENDS). Since 2009, ENDS have emerged as an alternative means of
nicotine delivery, one that does not require the burning of tobacco.
Essentially, when a user ``draws'' on an ENDS, a liquid solution
containing nicotine is heated and vaporized, and inhaled by the user.
The user then exhales a vapor that mimics the exhalation from a lit
tobacco cigarette.
NPS policy with respect to tobacco smoking is found in Director's
Order #50D (Smoking Policy), originally issued in 2003, and then
revised and reissued in 2009. The purpose of the Order--in conformity
with Executive Order 13058 (Protecting Federal Employees and the Public
From Exposure to Tobacco Smoke in the Federal Workplace)--is to
``protect employees and park visitors from the health hazards and
annoyances associated with'' exposure to environmental tobacco smoke,
commonly known as ``second-hand'' smoke, which is a known human
carcinogen.
The Director issued Policy Memorandum 15-03 (Use of Electronic
Nicotine Delivery Systems) on September 10, 2015. This policy
establishes NPS guidance on the use of ENDS within all facilities and
vehicles that are Government owned or leased, and within concessions
facilities. The purpose of the Policy Memorandum is to afford all NPS
employees and park visitors the same protections from exposure to
nicotine and other harmful substances that may be found in ENDS vapor
that are currently in place for tobacco smoke. Under this policy, use
of ENDS is now treated as tobacco smoking and all provisions of
Director's Order #50D apply to ENDS use. With regard to concessions
facilities, the Policy Memorandum requires that ENDS use be treated the
same as smoking for purposes of NPS Management Policies (2006).
Director's Order #50D and Policy Memorandum 15-03 are available
online on the NPS Office of Policy Web site at https://www.nps.gov/applications/npspolicy/index.cfm by clicking on the drop-down menu and
selecting ``Smoking'' from the list of policy subjects.
Proposed Revision of NPS Regulations at 36 CFR 1.4 and 2.21
The NPS proposes to apply its smoking regulations at 36 CFR 2.21 to
ENDS use the same way they currently apply to tobacco smoking. The
basis for this regulatory change is stated below and in Policy
Memorandum 15-03 and will make NPS regulations consistent with NPS
policy on this subject.
Non-smokers are exposed to nicotine and other potentially harmful
components of ENDS vapor at higher than background levels when
passively exposed to second hand vapor.\1\ The vapor exhaled from an
ENDS also contains potentially harmful levels of particulate matter in
addition to nicotine, as well as potentially toxic compounds such as
carbonyls, metals, and organic volatile compounds.\2\ There has been
increased attention in the scientific community to explore the level of
potentially harmful constituents in ENDS vapor.\3\ Despite lower levels
of nicotine than in second-hand smoke, exhaled ENDS aerosols result in
similar nicotine uptake levels as measured by blood serum cotinine
levels in bystanders.\4\ In the case of particulate matter,
epidemiological studies show adverse effects of particulate matter when
only slightly elevated above background levels indicating that we
should strive to achieve the lowest concentrations possible.\5\ The
Division of Pharmaceutical Analysis of the Food and Drug Administration
(FDA) analyzed the ingredients in a sample of cartridges from two
leading brands of ENDS, and found the devices emitted (1) tobacco-
specific nitrosamines (human carcinogens), and (2) diethylene glycol, a
chemical used in antifreeze that is toxic to humans.\6\ Further
research is required before it is known whether second hand exposure to
ENDS vapor will result in negative health outcomes as with tobacco
smoke.\7\ According to the World Health Organization (WHO), simply
because ENDS exhaled aerosols contain lower levels of toxicants than
tobacco smoke it does not mean second hand exposure is acceptable and
special consideration is needed for sensitive populations like pregnant
women, developing fetuses, and adolescents.\8\
---------------------------------------------------------------------------
\1\ See ``Cigarettes vs. e-cigarettes: Passive exposure at home
measured by means of airborne marker and biomarkers'' (https://www.sciencedirect.com/science/article/pii/S0013935114003089). See
``Secondhand Exposure to Vapors From Electronic Cigarettes''
(https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4565991).
\2\ See https://apps.who.int/gb/fctc/PDF/cop6/FCTC_COP6_10-en.pdf.
\3\ See https://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm499234.htm.
\4\ See ``Cigarettes vs. e-cigarettes: Passive exposure at home
measured by means of airborne marker and biomarkers'' (https://www.sciencedirect.com/science/article/pii/S0013935114003089).
\5\ See https://apps.who.int/gb/fctc/PDF/cop6/FCTC_COP6_10-en.pdf.
\6\ See https://www.fda.gov/downloads/drugs/scienceresearch/ucm173250.pdf.
\7\ See https://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm499234.htm.
\8\ See https://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm499234.htm.
---------------------------------------------------------------------------
The Surgeon General's 2014 report The Health Consequences of
Smoking- 50 Years of Progress (Report) documents the devastating health
consequences of tobacco smoking and also calls for ``rigorous
surveillance'' of ENDS in order to weigh their risks and potential
benefits (e.g., their possible efficacy in reducing use of combustible
tobacco products).\9\ (Page 761). The Report concludes that, in light
of the links between tobacco product use and ill health, ``all products
containing tobacco and nicotine should be assumed to be both harmful
and addictive.'' (Page 780). In 2016, the Surgeon General issued a
report entitled ``E-Cigarette Use Among Youth and Young Adults.'' \10\
This Report emphasized that ENDS use among youth and young adults is a
public health concern. The Report concluded that aerosol can contain
harmful and potentially harmful constituents, including nicotine, which
can cause addiction and harm the
[[Page 1649]]
developing adolescent brain. The Report stated that the use of products
containing nicotine, including ENDS, poses dangers to youth, pregnant
women, and fetuses. In a report released August 26, 2014, the WHO
called for a ban on the indoor use of ENDS, especially in those spaces
where smoking is banned.\11\ (See Item #41, page 11.)
---------------------------------------------------------------------------
\9\ See https://www.surgeongeneral.gov/library/reports/50-years-of-progress/.
\10\ See https://e-cigarettes.surgeongeneral.gov/documents/2016_SGR_Full_Report_non-508.pdf.
\11\ See https://apps.who.int/gb/fctc/PDF/cop6/FCTC_COP6_10-en.pdf.
---------------------------------------------------------------------------
On May 5, 2016, the FDA finalized a rule (81 FR 28973) extending
its authority to ENDS under the Family Smoking Prevention and Tobacco
Control Act (Pub. L. 111-31; 123 Stat. 1776). The rule brings ENDS in
line with regulations that have governed tobacco products since 2009.
The rule prohibits the sale of ENDS to minors, requires ENDS to meet
applicable product standards and receive marketing authorization from
the FDA, requires the reporting of ingredients, and places health
warnings on product packages and advertisements. The FDA expressed
concerns about the increasing use of ENDS, especially among middle and
high school students, and explained that the rule will ``help protect
Americans from the dangers of tobacco and nicotine.'' \12\ The FDA
stated that nicotine is dangerous and highly addictive, even when it
comes from ENDS use, and that research has clearly demonstrated that
exposure to nicotine at a young age increases the chance that kids will
become addicted. In addition to nicotine exposure, the FDA stated there
are numerous other chemicals present in ENDS that can cause
disease.\13\
---------------------------------------------------------------------------
\12\ See https://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm499234.htm.
\13\ See https://www.fda.gov/TobaccoProducts/NewsEvents/ucm499383.htm.
---------------------------------------------------------------------------
The General Services Administration (GSA) has advised the managers
of all GSA-occupied space--which includes space rented by GSA on behalf
of NPS--that ENDS are subject to the same restrictions imposed on
smoking tobacco products. The U.S. Fish and Wildlife Service's (FWS)
policy found at 242 FW 13 goes even further, and prohibits ``vaping''--
another name for ENDS use--in all interior spaces of FWS facilities,
whether Government owned or leased.\14\ In addition, vaping is also
prohibited ``in motor vehicles, heavy equipment, aircraft, and most
watercraft'' owned, leased, or controlled by the FWS. Similarly, on
August 14, 2014, the U.S. Geological Survey (USGS) banned the use of
ENDS ``in all interior space, courtyards, atriums, balconies and bus
stops.'' See, USGS Manual 370.792.3.\15\
---------------------------------------------------------------------------
\14\ See https://www.fws.gov/policy/242fw13.html.
\15\ See https://www.usgs.gov/usgs-manual/370-600/370-7923.html.
---------------------------------------------------------------------------
In addition to public health risks from the inhalation of vapor,
ENDS also pose a risk of explosion and fire. A 2014 Federal Emergency
Management Agency (FEMA) report stated that fires or explosions caused
by the failure of lithium-ion batteries in ENDS are rare, but
possible.\16\ Between 2009 and August 2014, 25 incidents of explosion
and fire involving e-cigarettes were reported in the U.S. Most of the
incidents occurred while the battery was charging, but serious burn
injuries were also reported from explosions when the device was in the
user's mouth. FEMA stated that the shape and construction of e-
cigarettes can make them more likely than other products with lithium-
ion batteries to behave like ``flaming rockets'' when a battery fails.
FEMA concluded that the number of fires and explosions will likely
increase as the number of lithium-ion batteries in use continues to
grow.
---------------------------------------------------------------------------
\16\ See https://www.usfa.fema.gov/downloads/pdf/publications/electronic_cigarettes.pdf.
---------------------------------------------------------------------------
Acting out of an abundance of caution in light of the scientific
findings and uncertainty to date, and in the interest of equity, the
purpose of this proposed rule (similar to the purpose of Policy
Memorandum 15-03) is to afford all NPS employees and park visitors the
same protections from exposure to nicotine and other harmful substances
that may be found in ENDS vapor that are currently in place for
exposure to tobacco smoke.
The proposed rule would add a new definition to 36 CFR 1.4 that
defines ``Electronic nicotine delivery system'' as an electronic
device, such as an electronic cigarette, that a person uses to simulate
smoking by inhaling vapor from the device. The proposed rule would
revise the definition of ``Smoking'' in 36 CFR 1.4 to include the
direct inhalation of vapor from an electronic nicotine delivery system.
The NPS also proposes to add a new basis for which a superintendent may
close an area or building, structure, or facility to smoking in 36 CFR
2.21--when necessary to maintain public health and safety. This
reflects the health risks associated with smoking tobacco products and
using ENDS. An existing basis in the regulations for restricting
tobacco smoking--to reduce the risk of fire--also would apply to the
use of ENDS for the reasons explained above. After these changes are
made, the smoking regulation at 2.21 would apply to the smoking of
tobacco and the use of ENDS, consistent with NPS policy.
Compliance With Other Laws, Executive Orders, and Department Policy
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) in the Office of Management and Budget will
review all significant rules. OIRA has determined that this rule is not
significant.
Executive Order 13563 reaffirms the principles of Executive Order
12866 while calling for improvements in the nation's regulatory system
to promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. The executive order directs agencies to consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public where these approaches are relevant, feasible,
and consistent with regulatory objectives. Executive Order 13563
emphasizes further that regulations must be based on the best available
science and that the rulemaking process must allow for public
participation and an open exchange of ideas. We have developed this
rule in a manner consistent with these requirements.
Regulatory Flexibility Act (RFA)
This rule will not have a significant economic effect on a
substantial number of small entities under the RFA (5 U.S.C. 601 et
seq.). This certification is based on information contained in the
economic analyses found in the report entitled ``Benefit-Cost and
Regulatory Flexibility Analyses: Proposed Regulation Revisions for
Electronic Nicotine Delivery Systems'' which is available online on the
NPS Office of Policy Web site at https://www.nps.gov/applications/npspolicy/index.cfm by clicking on the drop-down menu and selecting
``E-cigarettes'' from the list of policy subjects.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the SBREFA.
This rule:
(a) Does not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or
[[Page 1650]]
the ability of U.S.-based enterprises to compete with foreign-based
enterprises.
Unfunded Mandates Reform Act (UMRA)
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. It addresses public
use of national park lands, and imposes no requirements on other
agencies or governments. A statement containing the information
required by the UMRA (2 U.S.C. 1531 et seq.) is not required.
Takings (Executive Order 12630)
This rule does not effect a taking of private property or otherwise
have taking implications under Executive Order 12630. A takings
implication assessment is not required.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, the rule
does not have sufficient federalism implications to warrant the
preparation of a Federalism summary impact statement. This proposed
rule only affects use of NPS administered lands and waters. It has no
outside effects on other areas. A Federalism summary impact statement
is not required.
Civil Justice Reform (Executive Order 12988)
This rule complies with the requirements of Executive Order 12988.
This rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Consultation With Indian tribes (Executive Order 13175 and Department
Policy)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian tribes through a
commitment to consultation with Indian tribes and recognition of their
right to self-governance and tribal sovereignty. We have evaluated this
rule under the criteria in Executive Order 13175 and under the
Department's consultation policy and have determined that tribal
consultation is not required because the rule will have no substantial
direct effect on federally recognized Indian tribes.
Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.)
This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget under the Paperwork
Reduction Act is not required. We may not conduct or sponsor and you
are not required to respond to a collection of information unless it
displays a currently valid OMB control number.
National Environmental Policy Act of 1969 (NEPA)
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the NEPA is not required because the rule is covered by a
categorical exclusion. This rule is excluded from the requirement to
prepare a detailed statement because it is a regulation of
administrative, legal, and technical nature (43 CFR 46.210(i)). We have
also determined that the rule does not involve any of the extraordinary
circumstances listed in 43 CFR 46.215 that would require further
analysis under NEPA.
Effects on the Energy Supply (Executive Order 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects in not
required.
Clarity of This Rule
We are required by Executive Orders 12866 (section 1(b)(12)) and
12988 (section 3(b)(1)(B)) and by the Presidential Memorandum of June
1, 1998, to write all rules in plain language. This means that each
rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that you find unclear, which sections or sentences are
too long, the sections where you feel lists or tables would be useful,
etc.
Drafting Information: The primary authors of this rule are Jay
Calhoun and Russel J. Wilson, Division of Regulations, Jurisdiction,
and Special Park Uses, and Michael M. Shelton, Program Analyst, Office
of Policy, National Park Service, Washington, DC.
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 proposed rule by one of the methods listed in
the ADDRESSES section. All comments must be received by midnight of the
close of the comment period. We will not accept comments by fax, email
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List of Subjects in 36 CFR Part 1
National parks, Penalties, Reporting and recordkeeping
requirements, Signs and symbols.
In consideration of the foregoing, the National Park Service
proposes to amend 36 CFR part 1 as set forth below:
PART 1--GENERAL PROVISIONS
0
1. The authority citation for part 1 continues to read as follows:
Authority: 54 U.S.C. 100101, 100751, 320102.
0
2. In Sec. 1.4 amend paragraph (a) by adding, in alphabetical order,
the term ``Electronic nicotine delivery system'' and revising the term
``Smoking'' to read as follows:
Sec. 1.4 What terms do I need to know?
(a) * * *
Electronic nicotine delivery system means an electronic device,
such as an electronic cigarette, that a person uses to simulate smoking
by inhaling vapor from the device.
* * * * *
Smoking means the carrying of lighted cigarettes, cigars or pipes;
or the
[[Page 1651]]
intentional and direct inhalation of smoke from these objects; or the
direct inhalation of vapor from an electronic nicotine delivery system.
* * * * *
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3. In Sec. 2.21, revise paragraph (a) to read as follows:
Sec. 2.21 Smoking
(a) The superintendent may designate a portion of a park area, or
all or a portion of a building, structure or facility as closed to
smoking when necessary to maintain public health and safety, to protect
park resources, reduce the risk of fire, or prevent conflicts among
visitor use activities. Smoking in an area or location so designated is
prohibited.
* * * * *
Dated: December 20, 2016.
Michael Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2016-31957 Filed 1-5-17; 8:45 am]
BILLING CODE 4312-52-P
