Making Pictures, Television Productions, or Sound Tracks on Certain Areas Under the Jurisdiction of the Department of the Interior, 19127-19129 [06-3529]
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HSRObinson on PROD1PC61 with RULES
Federal Register / Vol. 71, No. 71 / Thursday, April 13, 2006 / Rules and Regulations
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000), nor
will it have substantial direct effects on
the states, on the relationship between
the national government and the states,
or on the distribution of power and
responsibilities among the various
levels of governments, as specified by
Executive Order 13132 (64 FR 43255,
August 10, 1999). This rule also is not
subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not
economically significant.
This technical correction action does
not involve technical standards; thus
the requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. The rule also
does not involve special consideration
of environmental justice related issues
as required by Executive Order 12898
(59 FR 7629, February 16, 1994). In
issuing this rule, EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct, as
required by section 3 of Executive Order
12988 (61 FR 4729, February 7, 1996).
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1998) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the executive
order. This rule does not impose an
information collection burden under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act (5
U.S.C. 801 et seq.), as added by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. Section 808 allows
the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and public procedure is impracticable,
unnecessary or contrary to the public
interest. This determination must be
supported by a brief statement. 5 U.S.C.
808(2). As stated previously, EPA had
made such a good cause finding,
including the reasons therefore, and
established an effective date of April 13,
2006. EPA will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
VerDate Aug<31>2005
14:13 Apr 12, 2006
Jkt 208001
Comptroller General of the United
States prior to publication of the rule in
the Federal Register. This correction to
the rule (310 CMR 7.26) for
Massachusetts is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 63
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Hazardous substances,
Incorporation by reference, Reporting
and recordkeeping requirements.
Dated: April 3, 2006.
Robert W. Varney,
Regional Administrator, EPA New England.
I
40 CFR part 63 is amended as follows:
PART 63—[AMENDED]
1. The authority citation for part 63
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart E—[Amended]
2. Section 63.99 is amended to correct
paragraph (a)(21)(ii)(A) to read as
follows:
I
§ 63.99
Delegated Federal authorities.
(a) * * *
(21) * * *
(ii) * * *
(A) The material incorporated in the
Massachusetts Department of
Environmental Protection 310 CMR 7.26
and 310 CMR 70.01 pertaining to dry
cleaning facilities in the Commonwealth
of Massachusetts jurisdiction, and has
been approved under the procedures in
§ 63.93 to be implemented and enforced
in place of the Federal NESHAPs for
Perchloroethylene Dry Cleaning
Facilities (subpart M of this part) for
area sources only, as defined in
§ 63.320(h).
*
*
*
*
*
[FR Doc. 06–3488 Filed 4–12–06; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 5
RIN 1093–AA10
Making Pictures, Television
Productions, or Sound Tracks on
Certain Areas Under the Jurisdiction of
the Department of the Interior
Office of the Secretary, Interior.
Final rule.
AGENCY:
ACTION:
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
19127
SUMMARY: The Office of the Secretary is
revising regulations found at 43 CFR 5.1
to allow implementation of legislation
that directs the establishment of a
reasonable fee for commercial filming
activities or similar projects and still
photography where a permit is required.
DATES: Effective Date: April 13, 2006.
FOR FURTHER INFORMATION CONTACT: Lee
Dickinson, Special Park Uses Program
Manager, National Park Service, 1849 C
Street, NW., ORG CODE 2460,
Washington, DC 20240, telephone: 202–
513–7092, or e-mail:
Lee_Dickinson@nps.gov.
SUPPLEMENTARY INFORMATION: Public
Law 106–206 (codified at 16 U.S.C.
460l–6d) directs the Secretaries of the
Interior and Agriculture to establish a
reasonable fee system (referred to as a
location fee in this publication) for
commercial filming and still
photography activities on lands under
the Secretaries’ jurisdiction.
The Department of the Interior (DOI)
regulations at 43 CFR part 5 prohibit the
National Park Service (NPS) from
collecting fees ‘‘for the making of
motion pictures, television productions
or sound tracks * * * ’’. The Office of
the Secretary is revising the current
regulation by removing the prohibition.
Background
Lands of the United States were set
aside by Congress or the Executive
Branch to conserve and protect areas of
untold beauty and grandeur, historical
importance, and uniqueness for future
generations. Often it is the uniqueness
of the land that attracts filmmakers. This
tradition started with explorers who
traveled with paint and canvas or
primitive photo apparatus before the
areas were designated as a national
park, wildlife refuge, or forest.
Generally, land management agencies
allow commercial filming and still
photography when it is consistent with
their mission and will not harm the
resource or interfere with the visitor
experience.
While many commercial filming and
still photography permits issued by the
land management agencies are for small
productions involving educational
material or commercial advertising, a
significant number of commercial
filming permits have been issued to
makers of major motion pictures.
Public Law 106–206 specifically
requires permits, reasonable fees for use
of federal lands and reimbursement of
costs incurred by the government as a
result of both commercial filming and
certain still photography activities.
Congress recognized in this law that
when commercial filming and certain
E:\FR\FM\13APR1.SGM
13APR1
19128
Federal Register / Vol. 71, No. 71 / Thursday, April 13, 2006 / Rules and Regulations
still photography activities are allowed
on Federal lands, it is necessary to
manage the activity through a
permitting process to minimize the
possibility of damage to the cultural or
natural resources or interference with
other visitors to the area and the
agencies will incur costs in providing
this management.
Key Issues
The Department of the Interior (DOI)
regulations at 43 CFR part 5 which
prohibit the NPS from collecting fees for
commercial film productions are in
conflict with the Pub. L. 106–206.
Therefore, to implement the fee
requirement of the law the Office of the
Secretary is revising the current
regulation by removing the prohibition.
In June 2004, the Government
Accountability Office (GAO) at the
request of some members of Congress
began a review of NPS policy and
guidance related to issuing special use
permits for special events and for
commercial filming and still
photography. In a report issued May 6,
2005, the GAO concluded that the NPS
could have collected and retained at
least $1.6 million in location fees for
commercial filming and still
photography activities permitted on
park lands if Pub. L. 106–206 had been
implemented. One recommendation of
the report was that the NPS ‘‘Expedite
the implementation of the law that
requires the Park Service to collect
location fees and costs for commercial
filming and still photography, when
appropriate.’’
In order to expedite the
implementation of Pub. L. 106–206, the
Office of the Secretary will implement
this final rule which will remove from
current regulations found in 43 CFR
5.1(b)(1) the statement that prohibits the
National Park Service from charging a
fee ‘‘for the making of motion pictures,
television productions or sound tracks.
* * *’’ This rule will allow the NPS to
charge fees during an interim period
while a Department-wide rule, which
includes the Bureau of Land
Management and the U.S. Fish and
Wildlife Service, is promulgated. The
Department-wide rule will establish a
fee schedule specific to this rule.
Compliance With Other Laws
HSRObinson on PROD1PC61 with RULES
Regulatory Planning and Review
(Executive Order 12866)
This document is a significant rule
and has been reviewed by the Office of
Management and Budget (OMB) under
Executive Order 12866.
(1) This rule will not have an effect of
$100 million or more on the economy.
VerDate Aug<31>2005
14:13 Apr 12, 2006
Jkt 208001
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 otherwise interfere
with an action taken or planned by
another agency.
(3) This rule does not alter the
budgetary effects of entitlements, grants,
user fees, or loan programs or the rights
or obligations of their recipients.
(4) While this rule follows the
direction of Congress by implementing
the provisions of Public Law 106–206,
OMB has determined that the rule raises
novel legal or policy issues.
Regulatory Flexibility Act
The Department of the Interior
certifies that this rulemaking 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.).
Small Business Regulatory Enforcement
Fairness Act (SBREFA)
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
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
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
Unfunded Mandates Reform Act
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.
Takings (Executive Order 12630)
In accordance with Executive Order
12630, the rule does not have significant
takings implications.
Federalism (Executive Order 13132)
In accordance with Executive Order
13132, the rule does not have sufficient
federalism implications to warrant the
preparation of a federalism assessment.
Civil Justice Reform (Executive Order
12988)
In accordance with Executive Order
12988, the Office of the Solicitor has
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
determined that this rule does not
unduly burden the judicial system and
meets the requirements of sections 3(a)
and 3(b)(2) of the order.
Paperwork Reduction Act
This proposed regulation requires
individuals and companies wishing to
do commercial filming and still
photography park lands to obtain a
permit from the superintendent
managing the park land. The permit
holder is also responsible for
reimbursing the agency for costs
incurred and to pay a land use fee. The
mechanics of applying for the permit
and the forms involved are not
addressed in this proposed regulation,
but are addressed in existing NPS
regulations and internal guidance. The
NPS uses application forms NPS 10–931
(Film—Short Form) and NPS 10–932
(Film—Long Form). Both forms are
assigned OMB Control Number 1024–
0026 and expire December 31, 2006.
Therefore, these regulations do not
contain information collection
requirements that the OMB must
approve under the Paperwork Reduction
Act of 1995, 44 U.S.C. 3501 et seq.
National Environmental Policy Act
This rule does not constitute a major
Federal action significantly affecting 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 noncompatible uses that
might 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, the
regulation is categorically excluded
from the procedural requirements of the
National Environmental Policy Act
(NEPA) by Departmental guidelines in
516 DM 6, (49 FR 21438). Therefore,
neither an environmental assessment
nor an environmental impact statement
has been prepared.
The location fee authorized by Public
Law 106–206 and governed by this
proposed regulation is a fee collected
when a permit is issued by the NPS for
a commercial filming or still
photography activity. Any analysis
required by the NEPA, as well as the
National Historic Preservation Act,
would be conducted in conjunction
with the permitting process and would
E:\FR\FM\13APR1.SGM
13APR1
Federal Register / Vol. 71, No. 71 / Thursday, April 13, 2006 / Rules and Regulations
evaluate the impact of the requested
activity on the resource.
Government-to-Government
Relationship With Tribes
In accordance with Executive Order
13175 ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249), the President’s memorandum of
April 29, 1994, ‘‘Government-toGovernment Relations with Native
American Tribal Governments’’ (59 FR
22961), and 512 DM 2, we have
evaluated potential effects on federally
recognized Indian tribes and have
determined that there are no potential
effects.
HSRObinson on PROD1PC61 with RULES
Clarity of This Regulation
Executive Order 12866 requires each
agency to write regulations that are easy
to understand. We invite your
comments on how to make this rule
easier to understand, including answers
to questions such as the following: (1)
Are the requirements in the rule clearly
stated? (2) Does the rule contain
technical language or jargon that
interferes with its clarity? (3) Does the
format of the rule (grouping and order
of sections, use of headings,
paragraphing, etc.) aid or reduce its
clarity? (4) Would the rule be easier to
understand if it were divided into more
(but shorter) sections? (A ‘‘section’’
appears in bold type and is preceded by
the symbol ‘‘§ ’’ and a numbered
heading; for example § 14.10 Purpose).
(5) Is the description of the rule in the
‘‘Supplementary Information’’ section of
the preamble helpful in understanding
the proposed rule? What else could we
do to make the rule easier to
understand?
Send a copy of any comments that
concern how we could make this rule
easier to understand to: Office of
Regulatory Affairs, DOI, Room 7229,
1849 C Street, NW., Washington, DC
20240. You may also e-mail the
comments to this address:
Exsec@ios.doi.gov
Administrative Procedure Act
In this rulemaking, we are revising
existing regulations in order to
implement Public Law 106–206, a law
to allow the Secretary of the Interior to
establish a fee system for commercial
filming and certain still photography
activities on Federal land. The existing
regulations at 43 CFR 5.1 prohibit
charging fees for these activities and the
new law, Public Law 106–206, (codified
at 16 U.S.C. 4601–6d), requires the
Secretary to charge fees for these same
activities. This rulemaking will delete
the prohibition in the existing
regulation. Therefore, we are publishing
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14:13 Apr 12, 2006
Jkt 208001
this action without prior proposal
because we view this as a
nondiscretionary revision that is
required by law. We find good cause,
pursuant to 5 U.S.C. 553(b) and 553(d),
that notice and public procedure are
unnecessary and this rule will take
effect upon publication. However later
this year we will publish in the Federal
Register and request comments on a
proposed rule on commercial filming
and still photography activities for
Department of the Interior agencies,
including the National Park Service,
Fish and Wildlife Service, and Bureau
of Land Management.
List of Subjects in 43 CFR Part 5
Motion pictures, Recordings,
Television.
I For the reasons set forth in the
preamble, the Department of the Interior
amends 43 CFR part 5 as follows:
PART 5—MAKING PICTURES,
TELEVISION PRODUCTIONS OR
SOUND TRACKS ON CERTAIN AREAS
UNDER THE JURISDICTION OF THE
DEPARTMENT OF THE INTERIOR
1. The authority for part 5 continues
to read as follows:
I
Authority: 16 U.S.C. 1, 3, 9a, 460(q),
462(k); Sec. 7.96 also issued under DC Code
8–137 (1981) and DC Code 40–721 (1981).
§ 5.1
[Amended]
2. Revise § 5.1(b)(1) to read as follows:
*
*
*
*
*
(b) * * *
(1) No fees will be charged for the
making of motion pictures, television
productions or sound tracks on areas
administered by the U.S. Fish and
Wildlife Service. The regular general
admission and other fees currently in
effect in any area under the jurisdiction
of the National Park Service are not
affected by this paragraph.
*
*
*
*
*
I
Dated: April 6, 2006.
P. Lynn Scarlett,
Deputy Secretary of the Interior.
[FR Doc. 06–3529 Filed 4–12–06; 8:45 am]
BILLING CODE 4312–52–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 234
Grade Crossing Signal System
CFR Correction
In Title 49 of the Code of Federal
Regulations, parts 200 to 299, revised as
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Fmt 4700
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19129
of October 1, 2005, in part 234, on page
569, the first ‘‘Authority’’ is removed.
[FR Doc. 06–55514 Filed 4–12–06; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 060216044–6044–01; I.D.
040706G]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in the West
Yakutat District of the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
SUMMARY: NMFS is prohibiting directed
fishing for pollock in the West Yakutat
District of the Gulf of Alaska (GOA).
This action is necessary to prevent
exceeding the 2006 total allowable catch
(TAC) of pollock specified for the West
Yakutat District of the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), April 10, 2006, through
2400 hrs, A.l.t., December 31, 2006.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
In accordance with § 679.20(c)(3)(ii),
the 2006 TAC of pollock specified for
the West Yakutat District of the GOA is
1,792 metric tons (mt) as established by
the 2006 and 2007 final harvest
specifications for groundfish of the GOA
(71 FR 10870, March 3, 2006).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the 2006 TAC of
pollock specified for the West Yakutat
District of the GOA will soon be
reached. Therefore, the Regional
Administrator is establishing a directed
fishing allowance of 1,742 mt, and is
setting aside the remaining 50 mt as
bycatch to support other anticipated
E:\FR\FM\13APR1.SGM
13APR1
]]>Agencies
[Federal Register Volume 71, Number 71 (Thursday, April 13, 2006)]
[Rules and Regulations]
[Pages 19127-19129]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3529]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 5
RIN 1093-AA10
Making Pictures, Television Productions, or Sound Tracks on
Certain Areas Under the Jurisdiction of the Department of the Interior
AGENCY: Office of the Secretary, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of the Secretary is revising regulations found at
43 CFR 5.1 to allow implementation of legislation that directs the
establishment of a reasonable fee for commercial filming activities or
similar projects and still photography where a permit is required.
DATES: Effective Date: April 13, 2006.
FOR FURTHER INFORMATION CONTACT: Lee Dickinson, Special Park Uses
Program Manager, National Park Service, 1849 C Street, NW., ORG CODE
2460, Washington, DC 20240, telephone: 202-513-7092, or e-mail: Lee--
Dickinson@nps.gov.
SUPPLEMENTARY INFORMATION: Public Law 106-206 (codified at 16 U.S.C.
460l-6d) directs the Secretaries of the Interior and Agriculture to
establish a reasonable fee system (referred to as a location fee in
this publication) for commercial filming and still photography
activities on lands under the Secretaries' jurisdiction.
The Department of the Interior (DOI) regulations at 43 CFR part 5
prohibit the National Park Service (NPS) from collecting fees ``for the
making of motion pictures, television productions or sound tracks * * *
''. The Office of the Secretary is revising the current regulation by
removing the prohibition.
Background
Lands of the United States were set aside by Congress or the
Executive Branch to conserve and protect areas of untold beauty and
grandeur, historical importance, and uniqueness for future generations.
Often it is the uniqueness of the land that attracts filmmakers. This
tradition started with explorers who traveled with paint and canvas or
primitive photo apparatus before the areas were designated as a
national park, wildlife refuge, or forest. Generally, land management
agencies allow commercial filming and still photography when it is
consistent with their mission and will not harm the resource or
interfere with the visitor experience.
While many commercial filming and still photography permits issued
by the land management agencies are for small productions involving
educational material or commercial advertising, a significant number of
commercial filming permits have been issued to makers of major motion
pictures.
Public Law 106-206 specifically requires permits, reasonable fees
for use of federal lands and reimbursement of costs incurred by the
government as a result of both commercial filming and certain still
photography activities. Congress recognized in this law that when
commercial filming and certain
[[Page 19128]]
still photography activities are allowed on Federal lands, it is
necessary to manage the activity through a permitting process to
minimize the possibility of damage to the cultural or natural resources
or interference with other visitors to the area and the agencies will
incur costs in providing this management.
Key Issues
The Department of the Interior (DOI) regulations at 43 CFR part 5
which prohibit the NPS from collecting fees for commercial film
productions are in conflict with the Pub. L. 106-206. Therefore, to
implement the fee requirement of the law the Office of the Secretary is
revising the current regulation by removing the prohibition.
In June 2004, the Government Accountability Office (GAO) at the
request of some members of Congress began a review of NPS policy and
guidance related to issuing special use permits for special events and
for commercial filming and still photography. In a report issued May 6,
2005, the GAO concluded that the NPS could have collected and retained
at least $1.6 million in location fees for commercial filming and still
photography activities permitted on park lands if Pub. L. 106-206 had
been implemented. One recommendation of the report was that the NPS
``Expedite the implementation of the law that requires the Park Service
to collect location fees and costs for commercial filming and still
photography, when appropriate.''
In order to expedite the implementation of Pub. L. 106-206, the
Office of the Secretary will implement this final rule which will
remove from current regulations found in 43 CFR 5.1(b)(1) the statement
that prohibits the National Park Service from charging a fee ``for the
making of motion pictures, television productions or sound tracks. * *
*'' This rule will allow the NPS to charge fees during an interim
period while a Department-wide rule, which includes the Bureau of Land
Management and the U.S. Fish and Wildlife Service, is promulgated. The
Department-wide rule will establish a fee schedule specific to this
rule.
Compliance With Other Laws
Regulatory Planning and Review (Executive Order 12866)
This document is a significant rule and has been reviewed by the
Office of Management and Budget (OMB) under Executive Order 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 otherwise
interfere with an action taken or planned by another agency.
(3) This rule does not alter the budgetary effects of entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients.
(4) While this rule follows the direction of Congress by
implementing the provisions of Public Law 106-206, OMB has determined
that the rule raises novel legal or policy issues.
Regulatory Flexibility Act
The Department of the Interior certifies that this rulemaking 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.).
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. 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 the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Unfunded Mandates Reform Act
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.
Takings (Executive Order 12630)
In accordance with Executive Order 12630, the rule does not have
significant takings implications.
Federalism (Executive Order 13132)
In accordance with Executive Order 13132, the rule does not have
sufficient federalism implications to warrant the preparation of a
federalism assessment.
Civil Justice Reform (Executive Order 12988)
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that this rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the order.
Paperwork Reduction Act
This proposed regulation requires individuals and companies wishing
to do commercial filming and still photography park lands to obtain a
permit from the superintendent managing the park land. The permit
holder is also responsible for reimbursing the agency for costs
incurred and to pay a land use fee. The mechanics of applying for the
permit and the forms involved are not addressed in this proposed
regulation, but are addressed in existing NPS regulations and internal
guidance. The NPS uses application forms NPS 10-931 (Film--Short Form)
and NPS 10-932 (Film--Long Form). Both forms are assigned OMB Control
Number 1024-0026 and expire December 31, 2006. Therefore, these
regulations do not contain information collection requirements that the
OMB must approve under the Paperwork Reduction Act of 1995, 44 U.S.C.
3501 et seq.
National Environmental Policy Act
This rule does not constitute a major Federal action significantly
affecting 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 noncompatible uses that might 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, the regulation is categorically
excluded from the procedural requirements of the National Environmental
Policy Act (NEPA) by Departmental guidelines in 516 DM 6, (49 FR
21438). Therefore, neither an environmental assessment nor an
environmental impact statement has been prepared.
The location fee authorized by Public Law 106-206 and governed by
this proposed regulation is a fee collected when a permit is issued by
the NPS for a commercial filming or still photography activity. Any
analysis required by the NEPA, as well as the National Historic
Preservation Act, would be conducted in conjunction with the permitting
process and would
[[Page 19129]]
evaluate the impact of the requested activity on the resource.
Government-to-Government Relationship With Tribes
In accordance with Executive Order 13175 ``Consultation and
Coordination with Indian Tribal Governments'' (65 FR 67249), the
President's memorandum of April 29, 1994, ``Government-to-Government
Relations with Native American Tribal Governments'' (59 FR 22961), and
512 DM 2, we have evaluated potential effects on federally recognized
Indian tribes and have determined that there are no potential effects.
Clarity of This Regulation
Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this rule easier to understand, including answers to questions such as
the following: (1) Are the requirements in the rule clearly stated? (2)
Does the rule contain technical language or jargon that interferes with
its clarity? (3) Does the format of the rule (grouping and order of
sections, use of headings, paragraphing, etc.) aid or reduce its
clarity? (4) Would the rule be easier to understand if it were divided
into more (but shorter) sections? (A ``section'' appears in bold type
and is preceded by the symbol ``Sec. '' and a numbered heading; for
example Sec. 14.10 Purpose). (5) Is the description of the rule in the
``Supplementary Information'' section of the preamble helpful in
understanding the proposed rule? What else could we do to make the rule
easier to understand?
Send a copy of any comments that concern how we could make this
rule easier to understand to: Office of Regulatory Affairs, DOI, Room
7229, 1849 C Street, NW., Washington, DC 20240. You may also e-mail the
comments to this address: Exsec@ios.doi.gov
Administrative Procedure Act
In this rulemaking, we are revising existing regulations in order
to implement Public Law 106-206, a law to allow the Secretary of the
Interior to establish a fee system for commercial filming and certain
still photography activities on Federal land. The existing regulations
at 43 CFR 5.1 prohibit charging fees for these activities and the new
law, Public Law 106-206, (codified at 16 U.S.C. 4601-6d), requires the
Secretary to charge fees for these same activities. This rulemaking
will delete the prohibition in the existing regulation. Therefore, we
are publishing this action without prior proposal because we view this
as a nondiscretionary revision that is required by law. We find good
cause, pursuant to 5 U.S.C. 553(b) and 553(d), that notice and public
procedure are unnecessary and this rule will take effect upon
publication. However later this year we will publish in the Federal
Register and request comments on a proposed rule on commercial filming
and still photography activities for Department of the Interior
agencies, including the National Park Service, Fish and Wildlife
Service, and Bureau of Land Management.
List of Subjects in 43 CFR Part 5
Motion pictures, Recordings, Television.
0
For the reasons set forth in the preamble, the Department of the
Interior amends 43 CFR part 5 as follows:
PART 5--MAKING PICTURES, TELEVISION PRODUCTIONS OR SOUND TRACKS ON
CERTAIN AREAS UNDER THE JURISDICTION OF THE DEPARTMENT OF THE
INTERIOR
0
1. The authority for part 5 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also
issued under DC Code 8-137 (1981) and DC Code 40-721 (1981).
Sec. 5.1 [Amended]
0
2. Revise Sec. 5.1(b)(1) to read as follows:
* * * * *
(b) * * *
(1) No fees will be charged for the making of motion pictures,
television productions or sound tracks on areas administered by the
U.S. Fish and Wildlife Service. The regular general admission and other
fees currently in effect in any area under the jurisdiction of the
National Park Service are not affected by this paragraph.
* * * * *
Dated: April 6, 2006.
P. Lynn Scarlett,
Deputy Secretary of the Interior.
[FR Doc. 06-3529 Filed 4-12-06; 8:45 am]
BILLING CODE 4312-52-P
