Special Regulation: Areas of the National Park System, National Capital Region, 46215-46230 [E8-18412]
Download as PDF
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Proposed Rules
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
This determination is based on the fact
that the Alabama program does not
regulate coal exploration and surface
coal mining and reclamation operations
on Indian lands. Therefore, the Alabama
program has no effect on Federallyrecognized Indian tribes.
Executive Order 13211—Regulations
That Significantly Affect the Supply,
Distribution, or Use of Energy
On May 18, 2001, the President issued
Executive Order 13211 which requires
agencies to prepare a Statement of
Energy Effects for a rule that is (1)
considered significant under Executive
Order 12866, and (2) likely to have a
significant adverse effect on the supply,
distribution, or use of energy. Because
this rule is exempt from review under
Executive Order 12866 and is not
expected to have a significant adverse
effect on the supply, distribution, or use
of energy, a Statement of Energy Effects
is not required.
National Environmental Policy Act
This rule does not require an
environmental impact statement
because section 702(d) of SMCRA (30
U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory
program provisions do not constitute
major Federal actions within the
meaning of section 102(2)(C) of the
National Environmental Policy Act (42
U.S.C. 4332(2)(C)).
Paperwork Reduction Act
This rule does not contain
information collection requirements that
require approval by OMB under the
Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
rfrederick on PRODPC74 with PROPOSALS
Regulatory Flexibility Act
15:21 Aug 07, 2008
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;
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; and (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. This
determination is based upon the fact
that the State submittal, which is the
subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation was not considered a major
rule.
Unfunded Mandates
This rule will not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of $100 million or more in any given
year. This determination is based upon
the fact that the State submittal, which
is the subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation did not impose an unfunded
mandate.
List of Subjects in 30 CFR Part 901
Intergovernmental relations, Surface
mining, Underground mining.
Dated: July 23, 2008.
Len Meier,
Acting Regional Director, Mid-Continent
Region.
[FR Doc. E8–18297 Filed 8–7–08; 8:45 am]
BILLING CODE 4310–05–P
The Department of the Interior
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). The State submittal,
which is the subject of this rule, is based
upon counterpart Federal regulations for
which an economic analysis was
prepared and certification made that
such regulations would not have a
significant economic effect upon a
substantial number of small entities. In
making the determination as to whether
this rule would have a significant
economic impact, the Department relied
upon the data and assumptions for the
counterpart Federal regulations.
VerDate Aug<31>2005
Small Business Regulatory Enforcement
Fairness Act
Jkt 214001
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024–AD71
Special Regulation: Areas of the
National Park System, National Capital
Region
National Park Service, Interior.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: The National Park Service
(NPS) is proposing to amend regulations
governing viewing of the Inaugural
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
46215
parade by the public, demonstrators,
and the Presidential Inaugural
Committee. The proposed rule would
extend the duration and extent of
demonstrations and special events in
Washington, DC, including the
Inaugural, the Lighting of the National
Christmas Tree and Christmas Pathway
of Peace, the Cherry Blossom Festival,
the Fourth of July Celebration, and the
Festival of American Folklife.
DATES: Comments must be received by
September 22, 2008.
ADDRESSES: You may submit your
comments, identified by Regulatory
Information Number 1024–AD71, by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail or hand delivery: National
Park Service, Regional Director,
Division of Park Programs, 1100 Ohio
Drive, SW., Room 128, Washington, DC
20242.
FOR FURTHER INFORMATION CONTACT:
National Park Service, National Capital
Region, Division of Park Programs, 1100
Ohio Drive, SW., Room 128,
Washington, DC 20242. Telephone:
(202) 619–7275. Fax: (202) 401–2430.
SUPPLEMENTARY INFORMATION:
Background
On March 20, 2008, the District Court
in ANSWER Coalition v. Kempthorne,
537 F.Supp.2d 183 (D.D.C. March 20,
2008) found that the National Park
Service’s practice and procedure of
submitting an application on behalf of
the Presidential Inaugural Committee
(PIC) violated its regulations with
respect to the duration of special events
and the related timing of the submission
of the application. The Court stated,
however, that ‘‘[i]f the government
thinks it appropriate to lengthen the
amount of time for which permits may
be granted under the regulations—
perhaps even only for the Inauguration
period and no other—the government
may explicitly amend the regulations
that apply to all permit applicants.’’ 537
F.Supp.2d at 203–204.
Pennsylvania Avenue is among the
world’s most famous streets and is
located in the heart of the Nation’s
Capital. America’s history has marched,
paraded, promenaded, and protested its
way up and down Pennsylvania
Avenue. Areas must be available to the
public as well as demonstrators to view
the Inaugural parade. ‘‘The Inauguration
is not a private event.’’ ANSWER
Coalition v. Kempthorne, 2008 U.S. Dist.
Lexis 21443* 15 (emphasis in original)
(referencing Mahoney v. Babbitt, 105
F.3d at 1458 D.C. Cir. 1997). And the
E:\FR\FM\08AUP1.SGM
08AUP1
rfrederick on PRODPC74 with PROPOSALS
46216
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Proposed Rules
First Amendment provides protection to
demonstrators who desire to ‘‘ ‘interject’
their own convictions and beliefs [into
the event while viewing the Inaugural
parade]. * * * If the free speech clause
of the First Amendment does not protect
the right of citizens to ‘interject’ their
own convictions and beliefs into a
public event on a public forum then it
is difficult to understand why the
Framers bothered including it at all.’’
Mahoney v. Babbitt, 105 F.3d at 1458–
59.
The proposed rule would lengthen the
duration of any permit associated with
Inauguration Day activities from 21 days
to the period of time between October
24 through April 1. It would also open
the majority of Pennsylvania Avenue
National Historic Park to the public and
demonstrators for the Inaugural parade,
regardless of viewpoint or message. In
addition, the proposed rule would
extend the duration of time that any
permit may be issued for
demonstrations or special events on the
Ellipse and other designated park areas
from three weeks to four months.
With respect to the Inaugural parade,
the proposed rule would create a
regulatory priority use for limited,
designated park areas for the PIC, the
Armed Forces Inaugural Committee, and
the Architect of the Capitol or the Joint
Congressional Committee on Inaugural
Ceremonies, entities whose role in the
Inauguration has traditionally
necessitated such access. These limited
park areas along the Inaugural route on
Pennsylvania Avenue from 3rd to 15th
Streets are designated in the attached
maps. The designated areas would be
relatively small, and leave the majority
of park areas along the parade route
available to the public and
demonstrators regardless of viewpoint
or message. This allocation of space
would result in a fair and equitable
distribution of park areas, consistent
with the First Amendment and the
Presidential Inaugural Ceremonies Act.
The D.C. Circuit’s opinion in A
Quaker Action Group v. Morton, 516
F.2d 717 (D.C. Cir. 1975), provided the
original basis for NPS’s priority use
regulations. There, the Court of Appeals
said that ‘‘ * * * if the Park Service
wishes to enforce the regulations
regarding a permit for public gatherings
in the regulated areas, it must require a
permit for every public gathering in
those areas. * * * or, if the Park Service
wishes, it could retain a system of NPS
events, reserve time in, say, Lafayette
Park, and even publish advance
schedules.’’ 516 F.2d at 729 (emphasis
in original).
Below is additional information with
regard to how the proposed rule would
VerDate Aug<31>2005
15:21 Aug 07, 2008
Jkt 214001
address the Inauguration and other
National Celebration Events.
Inauguration
The proposed rule would amend the
authorities section to include the
Presidential Inaugural Ceremonies Act,
36 U.S.C. 501–511, as well as other nonInaugural authorities now recodified as
D.C. Code 10–137 (2001) and D.C. Code
50–2201.07 (2001). As noted above, the
proposed rule would designate limited
park areas for priority use by the PIC,
the Armed Forces Inaugural Committee,
and the Architect of the Capitol or the
Joint Congressional Committee on
Inaugural Ceremonies. It would also
provide a fixed, reasonable time period
deemed necessary for the extensive setup and take-down of Inaugural-related
construction by the PIC. And the
proposed rule would leave most of
Pennsylvania Avenue National Historic
Park open to the public and
demonstrators regardless of viewpoint
or message.
The proposed rule would retain the
existing regulatory preference for the
PIC for the White House sidewalk and
all but the northeast quadrant of
Lafayette Park. The proposed rule
would allocate to the public and
demonstrators, however, most of
Pennsylvania Avenue National Historic
Park. Specifically, 7,024 linear feet or 70
percent of Pennsylvania Avenue
National Historic Park that abuts the
street, which also comprises 625,882
square feet or 84 percent of
Pennsylvania Avenue National Historic
Park, would be open to the public and
demonstrators. The proposed rule
would thus reduce areas designated for
PIC’s bleachers on the parade route to
1,284 linear feet or 13 percent of
Pennsylvania Avenue National Historic
Park that abuts the street, which also
comprises 63,936 square feet or 9
percent of Pennsylvania Avenue
National Historic Park. These
allocations would both comport with
the Presidential Inaugural Ceremonies
Act, 36 U.S.C. 503(a), and respond to
the question on this subject posed by
the District Court in A.N.S.W.E.R.
Coalition v. Kempthorne, 537 F.Supp.2d
at 205–206.
The proposed rule would amend
existing regulations to allow structures
within 50 feet of any Inaugural
ceremony activity structures. The
proposed rule would leave in place
existing regulations that permit other
demonstrations or special events in park
areas during the National Celebration
Events to the extent that they do not
significantly interfere with these Events.
In addition, the proposed rule would
allow PIC to place portable public
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
bathrooms at designated areas along the
parade route. It would also designate the
traditional areas necessary for the
television and radio media, so that they
can broadcast and report on the parade
and related activities. The proposed rule
would also designate the traditional
areas necessary for the Armed Forces
Inaugural Committee for parade support
structures used to help monitor and
manage the parade itself. And the
proposed rule would designate an area
in front of the John A. Wilson Building
for the District of Columbia’s reviewing
stand, and also designate areas for
individuals with disabilities to view the
parade.
The spatial allocations under the
proposed rule would include 23,764
square feet or 3 percent of the
Pennsylvania Avenue National Historic
Park for the Armed Forces Inaugural
Committee parade control area, 1,346
square feet or less than 1 percent, of the
park for the District of Columbia’s
Viewing Stand, 7,907 square feet or 1
percent of the park for the media area,
and 456 square feet or less than 1
percent of the park for the parade
announcer stands.
The proposed rule would designate
areas in Pennsylvania Avenue National
Historic Park and Sherman Park for the
PIC’s use that could accommodate 24
bleachers and 8,790 ticket holders based
on the PIC’s 2005 set-up. To ensure that
all seats are used, the proposed rule
would allow any member of the public
to use a ticketed PIC bleacher seat, if it
has not been claimed by the ticket
holder ten minutes before the Inaugural
Parade is scheduled to pass the
bleacher’s block. The proposed rule
would not allocate to the PIC certain
park areas that have been allocated to
the PIC in past Inaugurals; in 2005,
these areas contained 25 bleachers that
could accommodate 11,344 ticket
holders.
The proposed rule would also create
limited priority areas on the National
Mall for members of the public and
ticketed guests, for the placement of
media stands, and for the assembly and
staging of parade units, traditionally
necessary aspects of the Inauguration.
With regard to this last activity, the rule
would allow the Armed Forces
Inaugural Committee on Inauguration
Day to assemble, stage, secure and
weather-protect the pre-Inaugural
parade components and floats on the
National Mall between 14th and 1st
Streets. The proposed rule would also
allow the Architect of the Capitol or the
Joint Congressional Committee on
Inaugural Ceremonies to site jumbotrons
and sound towers so that the Joint
Congressional Committee’s ticketed,
E:\FR\FM\08AUP1.SGM
08AUP1
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Proposed Rules
standing room ticket holders can
observe the Inaugural ceremony
between 4th and 1st Streets, and
members of the general public between
14th and 4th Streets. The proposed rule
would allow a 150-by-200 foot area on
the National Mall, just east of 7th Street,
for the exclusive use of the PIC on
Inauguration Day for television and
radio media broadcasts on Inauguration
Day.
Inaugural-related construction is
complex and extensive, and requires a
series of permits. The proposed rule
would set specific set-up and take-down
dates determined reasonably necessary
for the erection and removal of the
stands, bleachers, media and parade
support structures in the various
designated park areas. Set-up and takedown occurs from November 1 through
March 1 for the White House sidewalk
and Lafayette Park, December 7 through
February 10 for Pennsylvania Avenue
National Historic Park and Sherman
Park, and January 6 through January 30
for the National Mall between 14th and
1st Streets. Traditionally, set-ups and
take-downs are done in stages, and an
entire designated area may not be
needed throughout the designated
period. Accordingly, consistent with
public safety, the portions of designated
areas that are not immediately needed
for set-up and take-down will remain
open to the public and for
demonstration activity.
rfrederick on PRODPC74 with PROPOSALS
Lighting of the National Christmas Tree
and Christmas Pathway of Peace
The proposed rule would change the
name of the ‘‘Christmas Pageant of
Peace,’’ one of the existing National
Celebration Events, to the ‘‘Lighting of
the National Christmas Tree and
Christmas Pathway of Peace.’’ This
event would take place in the northern
half of the oval portion of the Ellipse
during the last four weeks in December.
The designated time period for set-up
and take-down would be October 1
through February 1. This event provides
the park visitor an opportunity to view
the lighting of the National Christmas
tree, attend musical presentations, and
visit various seasonal displays.
Cherry Blossom Festival
The proposed rule would more clearly
define the park areas for the Cherry
Blossom Festival, another existing
National Celebration Event, and would
extend the duration from six days to two
weeks and designate an additional twoweek period for set-up and take-down.
The Cherry Blossom Festival would take
place in the park areas adjacent to the
Tidal Basin as well as the sidewalk
areas on the Ellipse and the Washington
VerDate Aug<31>2005
15:21 Aug 07, 2008
Jkt 214001
Monument Grounds adjacent to
Constitution Avenue between 15th and
17th Streets, NW.
Fourth of July Celebration
The proposed rule would designate
the Lincoln Memorial Reflecting Pool
area for the staging and firing of this
event’s fireworks and establish a three
week period for set-up and take-down.
Festival of American Folklife
The proposed rule would designate an
eight week period for the set-up and
take-down of this event.
Permit Applications
The proposed rule would make
explicit the long-standing NPS policy of
not accepting permit applications for
demonstrations and special events
earlier than one year in advance of the
proposed event. Event application dates
(that include set-up and take-down
time) must fall within this one-year time
period. For example, NPS would accept
on January 1, 2009 an application for
the first week of January 2010, but
would not accept on January 1, 2009 an
application for the first week of January
for the next three years, or for the first
week of January and February 2010.
On one occasion, the NPS received
ten applications for the use of parkland
at each Presidential Inauguration for the
next forty years. In rejecting these
applications, the NPS explained that it
has an enormous task of maintaining
Federal parkland for the millions of
visitors and thousands of
demonstrations and special events.
Many applications propose activities
that require extensive planning and
coordination with the applicants and
other affected agencies. By only
accepting applications for proposed
events that occur within one year,
persons and groups are better able to
determine the proposed event’s true size
and scope and the NPS is better able to
determine whether it can reasonably be
accommodated within the requested
park area. This proposed rule reflecting
longstanding policy would allow all
persons and groups a timely, fair and
equal opportunity to use parkland for
demonstrations and special events and
prevents its monopolization.
Forty-Five Day Comment Period
Pursuant to 318 DM 5.4 A (1998), we
are providing a 45-day comment period
because this proposed rule requires
timely action so that a final rule may
become effective in time to govern the
activities associated with the upcoming
2009 Inauguration. In addition, this
schedule is necessary to allow for any
judicial challenge to occur in a timely
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
46217
manner. We welcome all public
comment, and will immediately provide
a copy of this proposed rule to known
interested parties, including the
plaintiffs in ANSWER Coalition v.
Kempthorne, No. 05–0071 (D.D.C.) as
well as any applicant who has sought a
demonstration permit along the
Inaugural parade route for the last three
Inaugurations.
Compliance With Other Laws
Regulatory Planning and Review
(Executive Order 12866)
This document is a significant rule
and is subject to review 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) OMB has determined that this rule
raises novel legal or policy issues.
Regulatory Flexibility Act
The Department of the Interior
certifies that this document will not
have a significant economic effect on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.).
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
E:\FR\FM\08AUP1.SGM
08AUP1
46218
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Proposed Rules
unique effect on State, local, or tribal
governments or the private sector.
or cause a nuisance to adjacent owners
or occupants.
Takings (Executive Order 12630)
In accordance with Executive Order
12630, the rule does not have significant
takings implications.
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, the Department
will consult with federally recognized
tribal governments throughout the
development of the regulation to jointly
evaluate and address the potential
effects, if any, of the proposed
regulatory action.
Federalism (Executive Order 13132)
In accordance with Executive Order
13132, the rule does not require the
preparation of a federalism assessment.
Civil Justice Reform (Executive Order
12988)
This regulation meets the applicable
standards set forth in Sections 3(a) and
3(b)(2) of Executive Order 12988 Civil
Justice Reform.
Paperwork Reduction Act
This regulation requires information
collection from 10 or more parties,
which must be submitted for OMB
approval under the Paperwork
Reduction Act. However, these are not
new collection requirements and,
therefore, no additional request to OMB
has been prepared. The information
collection activities are necessary for the
public to obtain benefits in the form of
special park uses permits.
National Environmental Policy Act
We have analyzed this rule in
accordance with the criteria of the
National Environmental Policy Act
(NEPA) according to Departmental
guidelines in 516 DM 6 (49 FR 21438),
to assess the impact of any Federal
action significantly affecting the quality
of the human environment, health, and
safety. We have determined that the
proposed rule is categorically excluded
under 516 DM 6, Appendix 7.4(10),
insofar as it is a modification of existing
NPS regulations that does not increase
public use to the extent of
compromising the nature and character
of the area or causing physical damage
to it, or introduce incompatible uses
which might compromise the nature
and characteristics of the area or cause
physical damage to it, or cause conflict
with adjacent ownerships or land uses,
Clarity of This Regulation
We are required by Executive Orders
12866 and 12988 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 are unclearly
written, which sections or sentences are
too long, the sections where you feel
lists or tables would be useful, etc.
Public Participation
You may submit comments online at:
https://www.regulations.gov. Follow the
instructions for submitting comments.
You may also mail or hand deliver
comments to: National Park Service,
Regional Director, National Capital
Region, Division of Park Programs, 1100
Ohio Drive, SW., Room 128,
Washington, DC 20242.
Public Availability of Comments
Before including your address, phone
number, e-mail 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 7
National parks, Special events.
In consideration of the foregoing, the
National Park Service proposes to
amend 36 CFR part 7 as set forth below:
PART 7—SPECIAL REGULATIONS,
AREAS OF THE NATIONAL PARK
SYSTEM
1. The authority citation for part 7 is
amended to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 460(q),
462(k); Sec. 7.96 also issued under 36 U.S.C.
501–511, D.C. Code 10–137 (2001) and D.C.
Code 50–2201.07 (2001).
2. Revise § 7.96(g)(4) to read as
follows:
§ 7.96
National Capital Region.
*
*
*
*
*
(g) * * *
(4) Permit processing. (i) NPS
processes permit applications for
demonstrations and special events in
order of receipt. NPS will not accept
applications more than one year in
advance of a proposed continuous event
(including set-up time, if any). Use of a
particular area is allocated in order of
receipt of fully executed applications,
subject to the limitations in this section.
(ii) Specific national celebration
events have priority use of particular
park areas as shown in the following
table:
Has priority use of the following area . . .
At the following time . . .
(A) Lighting of the National Christmas Tree and
Christmas Pathway of Peace.
northern half of the oval portion of the Ellipse
(B) Cherry Blossom Festival ..............................
rfrederick on PRODPC74 with PROPOSALS
The following event . . .
park areas adjacent to the Tidal Basin and
the sidewalk areas adjacent to Constitution
Avenue between 15th & 17th Streets, NW.
Washington Monument Grounds and the Lincoln Memorial Reflecting Pool area.
the last four weeks in December as well as
necessary set-up and take-down between
October 1 through February 1.
two weeks usually in late March or early April
as well as the necessary set-up and takedown totaling two weeks.
time required for necessary staging and fireworks set-up and take-down, totaling three
weeks in late June and early July.
(C) Fourth of July Celebration ............................
VerDate Aug<31>2005
15:21 Aug 07, 2008
Jkt 214001
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
E:\FR\FM\08AUP1.SGM
08AUP1
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Proposed Rules
46219
The following event . . .
Has priority use of the following area . . .
At the following time . . .
(D) Festival of American Folklife ........................
the area bounded on the south by Jefferson
Drive, NW; on the north by Madison Drive,
NW; on the east by 7th Street, NW; on the
west by 14th Street, NW.
at the Columbus statue on the Union Plaza ...
for a two-week period in approximately late
June and early July as well as the necessary set-up and take-down totaling eight
weeks.
on Columbus Day.
see paragraph (g)(4)(iii) of this section ...........
see paragraph (g)(4)(iii) of this section.
(E) Columbus Day Commemorative WreathLaying.
(F) Presidential Inaugural Ceremonies ..............
(iii) In connection with Presidential
Inaugural Ceremonies the following
areas are reserved for priority use as set
forth in this paragraph.
(A) The White House sidewalk and
Lafayette Park, exclusive of the
northeast quadrant for the exclusive use
of the Inaugural Committee on
Inauguration Day.
(B) Portions of Pennsylvania Avenue
National Historic Park and Sherman
Park, as designated in the maps
included in paragraph (g)(4)(iii)(E) of
this section, for the exclusive use of the
Inaugural Committee on Inauguration
Day for:
(1) Ticketed bleachers viewing and
access areas, except that members of the
public may use a ticketed bleacher seat
that has not been claimed by the ticket
holder 10 minutes before the Inaugural
Parade is scheduled to pass the
bleacher’s block;
(2) Portable toilets, except that they
will be available to the public;
(3) Television and radio media and
Armed Forces Inaugural Committee
parade support structures;
(4) The area in front of the John A.
Wilson Building for the District of
Columbia reviewing stand;
(5) Viewing areas designated for
individuals with disabilities, except that
they will be available to any disabled
persons.
(C) The area of the National Mall
between 14th and 1st Streets, for the
exclusive use of the Armed Forces
Inaugural Committee on Inauguration
Day for the assembly, staging, security
and weather protection of the preInaugural parade components and floats
on Inauguration Day, except for:
(1) The placement of jumbotrons and
sound towers by the Architect of the
Capitol or the Joint Congressional
Committee on Inaugural Ceremonies so
that the Inaugural ceremony may be
observed by the Joint Congressional
Committee’s ticketed standing room
ticket holders between 4th and 1st
Streets and the general public from 7th
and 4th Streets; and
(2) A 150-foot-by-200-foot area on the
National Mall just east of 14th Street, for
the exclusive use of the Inaugural
Committee for television and radio
media broadcasts on Inauguration Day.
(D) The Inaugural Committee may
also use portions of its designated areas
reasonably necessary for setting up and
taking down stands, bleachers, media
and parade support structures as shown
in the following table:
The Inaugural Committee may use the following area . . .
During the following period . . .
(1) The White House sidewalk and Lafayette Park ............................................................................................
(2) Pennsylvania Avenue National Historic Park and Sherman Park .................................................................
(3) The National Mall between 14th and 1st Streets ..........................................................................................
November 1 through March 1.
December 7 through February 10.
January 6 through January 30.
rfrederick on PRODPC74 with PROPOSALS
(E) Maps of designated portions of
Pennsylvania Avenue National Historic
Park and Sherman Park referred to in
VerDate Aug<31>2005
15:21 Aug 07, 2008
Jkt 214001
paragraph (g)(4)(iii)(B) of this section are
as follows:
BILLING CODE 4312–39–P
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
E:\FR\FM\08AUP1.SGM
08AUP1
VerDate Aug<31>2005
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Proposed Rules
15:21 Aug 07, 2008
Jkt 214001
PO 00000
Frm 00017
Fmt 4702
Sfmt 4725
E:\FR\FM\08AUP1.SGM
08AUP1
EP08AU08.000
rfrederick on PRODPC74 with PROPOSALS
46220
VerDate Aug<31>2005
15:21 Aug 07, 2008
Jkt 214001
PO 00000
Frm 00018
Fmt 4702
Sfmt 4725
E:\FR\FM\08AUP1.SGM
08AUP1
46221
EP08AU08.001
rfrederick on PRODPC74 with PROPOSALS
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Proposed Rules
VerDate Aug<31>2005
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Proposed Rules
15:21 Aug 07, 2008
Jkt 214001
PO 00000
Frm 00019
Fmt 4702
Sfmt 4725
E:\FR\FM\08AUP1.SGM
08AUP1
EP08AU08.002
rfrederick on PRODPC74 with PROPOSALS
46222
VerDate Aug<31>2005
15:21 Aug 07, 2008
Jkt 214001
PO 00000
Frm 00020
Fmt 4702
Sfmt 4725
E:\FR\FM\08AUP1.SGM
08AUP1
46223
EP08AU08.003
rfrederick on PRODPC74 with PROPOSALS
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Proposed Rules
VerDate Aug<31>2005
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Proposed Rules
15:21 Aug 07, 2008
Jkt 214001
PO 00000
Frm 00021
Fmt 4702
Sfmt 4725
E:\FR\FM\08AUP1.SGM
08AUP1
EP08AU08.004
rfrederick on PRODPC74 with PROPOSALS
46224
VerDate Aug<31>2005
15:21 Aug 07, 2008
Jkt 214001
PO 00000
Frm 00022
Fmt 4702
Sfmt 4725
E:\FR\FM\08AUP1.SGM
08AUP1
46225
EP08AU08.005
rfrederick on PRODPC74 with PROPOSALS
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Proposed Rules
VerDate Aug<31>2005
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Proposed Rules
15:21 Aug 07, 2008
Jkt 214001
PO 00000
Frm 00023
Fmt 4702
Sfmt 4725
E:\FR\FM\08AUP1.SGM
08AUP1
EP08AU08.006
rfrederick on PRODPC74 with PROPOSALS
46226
VerDate Aug<31>2005
15:21 Aug 07, 2008
Jkt 214001
PO 00000
Frm 00024
Fmt 4702
Sfmt 4725
E:\FR\FM\08AUP1.SGM
08AUP1
46227
EP08AU08.007
rfrederick on PRODPC74 with PROPOSALS
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Proposed Rules
VerDate Aug<31>2005
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Proposed Rules
15:21 Aug 07, 2008
Jkt 214001
PO 00000
Frm 00025
Fmt 4702
Sfmt 4725
E:\FR\FM\08AUP1.SGM
08AUP1
EP08AU08.008
rfrederick on PRODPC74 with PROPOSALS
46228
46229
BILLING CODE 4312–39–C
VerDate Aug<31>2005
15:21 Aug 07, 2008
Jkt 214001
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
E:\FR\FM\08AUP1.SGM
08AUP1
EP08AU08.009
rfrederick on PRODPC74 with PROPOSALS
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Proposed Rules
46230
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Proposed Rules
(iv) Other demonstrations or special
events are permitted in park areas under
permit for the National Celebration
Events listed in paragraph (g)(4)(ii) of
this section to the extent that they do
not significantly interfere with the
National Celebration Events. Except for
Inaugural ceremony activities, no
activity containing structures is
permitted closer than 50 feet to another
activity containing structures without
the mutual consent of the sponsors of
those activities.
(v) NPS will issue a permit for a
demonstration on the White House
sidewalk and in Lafayette Park at the
same time only if the requirements of
this paragraph are met. The
organization, group, or other sponsor of
the demonstration must undertake in
good faith all reasonable action,
including the provision of sufficient
marshals, to ensure that the sponsor:
(A) Maintains good order and selfdiscipline in conducting the
demonstration and any necessary
movement of persons; and
(B) Observes the numerical
limitations and waiver provisions
described in paragraphs (g)(5)(i) and (ii)
of this section.
(vi) NPS will issue permits
authorizing demonstrations or special
events for the periods shown in the
following table. NPS may extend these
periods for demonstrations only, unless
another application requests use of the
particular area and that application
precludes double occupancy.
Park area
Permit validity period
Permit validity period for Inaugural activities
(A) White House area, except the
Ellipse.
7 days ............................................
(B) The Ellipse and all other park
areas.
4 months ........................................
Between October 24 through April 1 for reasonable and necessary
set-up and take-down activities for the White House Sidewalk and
Lafayette Park.
Between December 7 through February 10 for reasonable and necessary set-up and take-down activities for Pennsylvania Avenue
National Historic Park and Sherman Park.
*
*
*
*
*
Dated: July 21, 2008.
Lyle Laverty,
Assistant Secretary of the Interior for Fish
and Wildlife and Parks.
[FR Doc. E8–18412 Filed 8–7–08; 8:45 am]
BILLING CODE 4312–39–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
45 CFR Part 261
RIN 0970–AC38
Temporary Assistance for Needy
Families (TANF) Program, Elimination
of Enhanced Caseload Reduction
Credit for Excess Maintenance-ofEffort Expenditures
Administration for Children
and Families (ACF), Department of
Health and Human Services (HHS).
ACTION: Notice of proposed rulemaking.
AGENCY:
The Administration for
Children and Families proposes to
revise the TANF regulations to
eliminate the provision that allows a
State to receive additional caseload
reduction credit for maintenance-ofeffort (MOE) expenditures in excess of
its required MOE spending. This
provision is no longer necessary and not
consistent with Congressional direction
in the Deficit Reduction Act of 2005.
DATES: We will consider all comments
received on or before October 7, 2008.
ADDRESSES: You may submit your
comments in writing to the Office of
rfrederick on PRODPC74 with PROPOSALS
SUMMARY:
VerDate Aug<31>2005
15:21 Aug 07, 2008
Jkt 214001
Family Assistance (OFA),
Administration for Children and
Families, 5th Floor East, 370 L’Enfant
Promenade, SW., Washington, DC
20447, or hand deliver to OFA/ACF, 5th
Floor East, 901 D Street, SW.,
Washington, DC 20447. You may
download an electronic copy of the
proposed rule at the Federal
Rulemaking Portal: https://
www.regulations.gov and may download
a copy and transmit electronic
comments at the agency Web site:
https://www.regulations.acf.hhs.gov.
FOR FURTHER INFORMATION CONTACT:
Robert Shelbourne, Director, Division of
State TANF Policy, Office of Family
Assistance, ACF, at (202) 401–5150.
SUPPLEMENTARY INFORMATION:
I. Public Inspection of Comments
All comments received, including any
personal information provided, will be
available for public inspection Monday
through Friday 8:30 a.m. to 5 p.m. at
901 D St., SW., 5th Floor, Washington,
DC.
II. Statutory Authority
We are issuing this proposed
regulation under the authority granted
to the Secretary of HHS by Section
1102(a) of the Social Security Act, 42
U.S.C. 1302(a). Section 1102(a)
authorizes the Secretary to make and
publish such rules as may be necessary
for the efficient administration of
functions with which he is charged
under the Social Security Act.
The statute at 42 U.S.C. 617 limits the
authority of the Federal government to
regulate State conduct or enforce the
TANF provisions of the Social Security
Act, except as expressly provided. We
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
have interpreted this provision to allow
us to regulate where Congress has
charged HHS with enforcing certain
TANF provisions by assessing penalties.
Because the caseload reduction credit
directly relates to the work participation
requirements to which States and the
Territories are subject and the failure to
meet those requirements can result in a
financial penalty pursuant to 42 U.S.C.
609(a)(3), we have the authority to
regulate in this instance.
III. Background
Under the TANF program, States must
engage certain percentages of their
caseloads in work activities or face
financial penalties for failing to meet the
work participation requirements. These
required participation rates are 50
percent overall and 90 percent for twoparent families; however, the rates a
State must actually meet for a fiscal year
(FY) are reduced by the amount of a
State’s caseload reduction credit.
Generally, the caseload reduction credit
equals the number of percentage points
that a State reduces its overall caseload
in the prior fiscal year (the comparison
year) compared to its overall caseload in
the base year. For caseload reduction
credits that apply to the two-parent
work participation rate, States have the
option of using the overall calculation
or using a calculation based on the
reduction in the two-parent caseload.
Because of sharp State caseload declines
since FY 1995, the caseload reduction
credit had virtually eliminated
participation requirements for most
States. The Deficit Reduction Act of
2005 (DRA) updated the base year from
FY 1995 to FY 2005, effectively raising
the target work participation rates and
E:\FR\FM\08AUP1.SGM
08AUP1
Agencies
[Federal Register Volume 73, Number 154 (Friday, August 8, 2008)]
[Proposed Rules]
[Pages 46215-46230]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18412]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AD71
Special Regulation: Areas of the National Park System, National
Capital Region
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The National Park Service (NPS) is proposing to amend
regulations governing viewing of the Inaugural parade by the public,
demonstrators, and the Presidential Inaugural Committee. The proposed
rule would extend the duration and extent of demonstrations and special
events in Washington, DC, including the Inaugural, the Lighting of the
National Christmas Tree and Christmas Pathway of Peace, the Cherry
Blossom Festival, the Fourth of July Celebration, and the Festival of
American Folklife.
DATES: Comments must be received by September 22, 2008.
ADDRESSES: You may submit your comments, identified by Regulatory
Information Number 1024-AD71, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail or hand delivery: National Park Service, Regional
Director, Division of Park Programs, 1100 Ohio Drive, SW., Room 128,
Washington, DC 20242.
FOR FURTHER INFORMATION CONTACT: National Park Service, National
Capital Region, Division of Park Programs, 1100 Ohio Drive, SW., Room
128, Washington, DC 20242. Telephone: (202) 619-7275. Fax: (202) 401-
2430.
SUPPLEMENTARY INFORMATION:
Background
On March 20, 2008, the District Court in ANSWER Coalition v.
Kempthorne, 537 F.Supp.2d 183 (D.D.C. March 20, 2008) found that the
National Park Service's practice and procedure of submitting an
application on behalf of the Presidential Inaugural Committee (PIC)
violated its regulations with respect to the duration of special events
and the related timing of the submission of the application. The Court
stated, however, that ``[i]f the government thinks it appropriate to
lengthen the amount of time for which permits may be granted under the
regulations--perhaps even only for the Inauguration period and no
other--the government may explicitly amend the regulations that apply
to all permit applicants.'' 537 F.Supp.2d at 203-204.
Pennsylvania Avenue is among the world's most famous streets and is
located in the heart of the Nation's Capital. America's history has
marched, paraded, promenaded, and protested its way up and down
Pennsylvania Avenue. Areas must be available to the public as well as
demonstrators to view the Inaugural parade. ``The Inauguration is not a
private event.'' ANSWER Coalition v. Kempthorne, 2008 U.S. Dist. Lexis
21443* 15 (emphasis in original) (referencing Mahoney v. Babbitt, 105
F.3d at 1458 D.C. Cir. 1997). And the
[[Page 46216]]
First Amendment provides protection to demonstrators who desire to ``
`interject' their own convictions and beliefs [into the event while
viewing the Inaugural parade]. * * * If the free speech clause of the
First Amendment does not protect the right of citizens to `interject'
their own convictions and beliefs into a public event on a public forum
then it is difficult to understand why the Framers bothered including
it at all.'' Mahoney v. Babbitt, 105 F.3d at 1458-59.
The proposed rule would lengthen the duration of any permit
associated with Inauguration Day activities from 21 days to the period
of time between October 24 through April 1. It would also open the
majority of Pennsylvania Avenue National Historic Park to the public
and demonstrators for the Inaugural parade, regardless of viewpoint or
message. In addition, the proposed rule would extend the duration of
time that any permit may be issued for demonstrations or special events
on the Ellipse and other designated park areas from three weeks to four
months.
With respect to the Inaugural parade, the proposed rule would
create a regulatory priority use for limited, designated park areas for
the PIC, the Armed Forces Inaugural Committee, and the Architect of the
Capitol or the Joint Congressional Committee on Inaugural Ceremonies,
entities whose role in the Inauguration has traditionally necessitated
such access. These limited park areas along the Inaugural route on
Pennsylvania Avenue from 3rd to 15th Streets are designated in the
attached maps. The designated areas would be relatively small, and
leave the majority of park areas along the parade route available to
the public and demonstrators regardless of viewpoint or message. This
allocation of space would result in a fair and equitable distribution
of park areas, consistent with the First Amendment and the Presidential
Inaugural Ceremonies Act.
The D.C. Circuit's opinion in A Quaker Action Group v. Morton, 516
F.2d 717 (D.C. Cir. 1975), provided the original basis for NPS's
priority use regulations. There, the Court of Appeals said that `` * *
* if the Park Service wishes to enforce the regulations regarding a
permit for public gatherings in the regulated areas, it must require a
permit for every public gathering in those areas. * * * or, if the Park
Service wishes, it could retain a system of NPS events, reserve time
in, say, Lafayette Park, and even publish advance schedules.'' 516 F.2d
at 729 (emphasis in original).
Below is additional information with regard to how the proposed
rule would address the Inauguration and other National Celebration
Events.
Inauguration
The proposed rule would amend the authorities section to include
the Presidential Inaugural Ceremonies Act, 36 U.S.C. 501-511, as well
as other non-Inaugural authorities now recodified as D.C. Code 10-137
(2001) and D.C. Code 50-2201.07 (2001). As noted above, the proposed
rule would designate limited park areas for priority use by the PIC,
the Armed Forces Inaugural Committee, and the Architect of the Capitol
or the Joint Congressional Committee on Inaugural Ceremonies. It would
also provide a fixed, reasonable time period deemed necessary for the
extensive set-up and take-down of Inaugural-related construction by the
PIC. And the proposed rule would leave most of Pennsylvania Avenue
National Historic Park open to the public and demonstrators regardless
of viewpoint or message.
The proposed rule would retain the existing regulatory preference
for the PIC for the White House sidewalk and all but the northeast
quadrant of Lafayette Park. The proposed rule would allocate to the
public and demonstrators, however, most of Pennsylvania Avenue National
Historic Park. Specifically, 7,024 linear feet or 70 percent of
Pennsylvania Avenue National Historic Park that abuts the street, which
also comprises 625,882 square feet or 84 percent of Pennsylvania Avenue
National Historic Park, would be open to the public and demonstrators.
The proposed rule would thus reduce areas designated for PIC's
bleachers on the parade route to 1,284 linear feet or 13 percent of
Pennsylvania Avenue National Historic Park that abuts the street, which
also comprises 63,936 square feet or 9 percent of Pennsylvania Avenue
National Historic Park. These allocations would both comport with the
Presidential Inaugural Ceremonies Act, 36 U.S.C. 503(a), and respond to
the question on this subject posed by the District Court in
A.N.S.W.E.R. Coalition v. Kempthorne, 537 F.Supp.2d at 205-206.
The proposed rule would amend existing regulations to allow
structures within 50 feet of any Inaugural ceremony activity
structures. The proposed rule would leave in place existing regulations
that permit other demonstrations or special events in park areas during
the National Celebration Events to the extent that they do not
significantly interfere with these Events.
In addition, the proposed rule would allow PIC to place portable
public bathrooms at designated areas along the parade route. It would
also designate the traditional areas necessary for the television and
radio media, so that they can broadcast and report on the parade and
related activities. The proposed rule would also designate the
traditional areas necessary for the Armed Forces Inaugural Committee
for parade support structures used to help monitor and manage the
parade itself. And the proposed rule would designate an area in front
of the John A. Wilson Building for the District of Columbia's reviewing
stand, and also designate areas for individuals with disabilities to
view the parade.
The spatial allocations under the proposed rule would include
23,764 square feet or 3 percent of the Pennsylvania Avenue National
Historic Park for the Armed Forces Inaugural Committee parade control
area, 1,346 square feet or less than 1 percent, of the park for the
District of Columbia's Viewing Stand, 7,907 square feet or 1 percent of
the park for the media area, and 456 square feet or less than 1 percent
of the park for the parade announcer stands.
The proposed rule would designate areas in Pennsylvania Avenue
National Historic Park and Sherman Park for the PIC's use that could
accommodate 24 bleachers and 8,790 ticket holders based on the PIC's
2005 set-up. To ensure that all seats are used, the proposed rule would
allow any member of the public to use a ticketed PIC bleacher seat, if
it has not been claimed by the ticket holder ten minutes before the
Inaugural Parade is scheduled to pass the bleacher's block. The
proposed rule would not allocate to the PIC certain park areas that
have been allocated to the PIC in past Inaugurals; in 2005, these areas
contained 25 bleachers that could accommodate 11,344 ticket holders.
The proposed rule would also create limited priority areas on the
National Mall for members of the public and ticketed guests, for the
placement of media stands, and for the assembly and staging of parade
units, traditionally necessary aspects of the Inauguration. With regard
to this last activity, the rule would allow the Armed Forces Inaugural
Committee on Inauguration Day to assemble, stage, secure and weather-
protect the pre-Inaugural parade components and floats on the National
Mall between 14th and 1st Streets. The proposed rule would also allow
the Architect of the Capitol or the Joint Congressional Committee on
Inaugural Ceremonies to site jumbotrons and sound towers so that the
Joint Congressional Committee's ticketed,
[[Page 46217]]
standing room ticket holders can observe the Inaugural ceremony between
4th and 1st Streets, and members of the general public between 14th and
4th Streets. The proposed rule would allow a 150-by-200 foot area on
the National Mall, just east of 7th Street, for the exclusive use of
the PIC on Inauguration Day for television and radio media broadcasts
on Inauguration Day.
Inaugural-related construction is complex and extensive, and
requires a series of permits. The proposed rule would set specific set-
up and take-down dates determined reasonably necessary for the erection
and removal of the stands, bleachers, media and parade support
structures in the various designated park areas. Set-up and take-down
occurs from November 1 through March 1 for the White House sidewalk and
Lafayette Park, December 7 through February 10 for Pennsylvania Avenue
National Historic Park and Sherman Park, and January 6 through January
30 for the National Mall between 14th and 1st Streets. Traditionally,
set-ups and take-downs are done in stages, and an entire designated
area may not be needed throughout the designated period. Accordingly,
consistent with public safety, the portions of designated areas that
are not immediately needed for set-up and take-down will remain open to
the public and for demonstration activity.
Lighting of the National Christmas Tree and Christmas Pathway of Peace
The proposed rule would change the name of the ``Christmas Pageant
of Peace,'' one of the existing National Celebration Events, to the
``Lighting of the National Christmas Tree and Christmas Pathway of
Peace.'' This event would take place in the northern half of the oval
portion of the Ellipse during the last four weeks in December. The
designated time period for set-up and take-down would be October 1
through February 1. This event provides the park visitor an opportunity
to view the lighting of the National Christmas tree, attend musical
presentations, and visit various seasonal displays.
Cherry Blossom Festival
The proposed rule would more clearly define the park areas for the
Cherry Blossom Festival, another existing National Celebration Event,
and would extend the duration from six days to two weeks and designate
an additional two-week period for set-up and take-down. The Cherry
Blossom Festival would take place in the park areas adjacent to the
Tidal Basin as well as the sidewalk areas on the Ellipse and the
Washington Monument Grounds adjacent to Constitution Avenue between
15th and 17th Streets, NW.
Fourth of July Celebration
The proposed rule would designate the Lincoln Memorial Reflecting
Pool area for the staging and firing of this event's fireworks and
establish a three week period for set-up and take-down.
Festival of American Folklife
The proposed rule would designate an eight week period for the set-
up and take-down of this event.
Permit Applications
The proposed rule would make explicit the long-standing NPS policy
of not accepting permit applications for demonstrations and special
events earlier than one year in advance of the proposed event. Event
application dates (that include set-up and take-down time) must fall
within this one-year time period. For example, NPS would accept on
January 1, 2009 an application for the first week of January 2010, but
would not accept on January 1, 2009 an application for the first week
of January for the next three years, or for the first week of January
and February 2010.
On one occasion, the NPS received ten applications for the use of
parkland at each Presidential Inauguration for the next forty years. In
rejecting these applications, the NPS explained that it has an enormous
task of maintaining Federal parkland for the millions of visitors and
thousands of demonstrations and special events. Many applications
propose activities that require extensive planning and coordination
with the applicants and other affected agencies. By only accepting
applications for proposed events that occur within one year, persons
and groups are better able to determine the proposed event's true size
and scope and the NPS is better able to determine whether it can
reasonably be accommodated within the requested park area. This
proposed rule reflecting longstanding policy would allow all persons
and groups a timely, fair and equal opportunity to use parkland for
demonstrations and special events and prevents its monopolization.
Forty-Five Day Comment Period
Pursuant to 318 DM 5.4 A (1998), we are providing a 45-day comment
period because this proposed rule requires timely action so that a
final rule may become effective in time to govern the activities
associated with the upcoming 2009 Inauguration. In addition, this
schedule is necessary to allow for any judicial challenge to occur in a
timely manner. We welcome all public comment, and will immediately
provide a copy of this proposed rule to known interested parties,
including the plaintiffs in ANSWER Coalition v. Kempthorne, No. 05-0071
(D.D.C.) as well as any applicant who has sought a demonstration permit
along the Inaugural parade route for the last three Inaugurations.
Compliance With Other Laws
Regulatory Planning and Review (Executive Order 12866)
This document is a significant rule and is subject to review 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) OMB has determined that this rule raises novel legal or policy
issues.
Regulatory Flexibility Act
The Department of the Interior certifies that this document will
not have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
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
[[Page 46218]]
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 require
the preparation of a federalism assessment.
Civil Justice Reform (Executive Order 12988)
This regulation meets the applicable standards set forth in
Sections 3(a) and 3(b)(2) of Executive Order 12988 Civil Justice
Reform.
Paperwork Reduction Act
This regulation requires information collection from 10 or more
parties, which must be submitted for OMB approval under the Paperwork
Reduction Act. However, these are not new collection requirements and,
therefore, no additional request to OMB has been prepared. The
information collection activities are necessary for the public to
obtain benefits in the form of special park uses permits.
National Environmental Policy Act
We have analyzed this rule in accordance with the criteria of the
National Environmental Policy Act (NEPA) according to Departmental
guidelines in 516 DM 6 (49 FR 21438), to assess the impact of any
Federal action significantly affecting the quality of the human
environment, health, and safety. We have determined that the proposed
rule is categorically excluded under 516 DM 6, Appendix 7.4(10),
insofar as it is a modification of existing NPS regulations that does
not increase public use to the extent of compromising the nature and
character of the area or causing physical damage to it, or introduce
incompatible uses which might compromise the nature and characteristics
of the area or cause physical damage to it, or cause conflict with
adjacent ownerships or land uses, or cause a nuisance to adjacent
owners or occupants.
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, the Department will consult with federally recognized tribal
governments throughout the development of the regulation to jointly
evaluate and address the potential effects, if any, of the proposed
regulatory action.
Clarity of This Regulation
We are required by Executive Orders 12866 and 12988 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 are unclearly written, which sections or sentences
are too long, the sections where you feel lists or tables would be
useful, etc.
Public Participation
You may submit comments online at: https://www.regulations.gov.
Follow the instructions for submitting comments. You may also mail or
hand deliver comments to: National Park Service, Regional Director,
National Capital Region, Division of Park Programs, 1100 Ohio Drive,
SW., Room 128, Washington, DC 20242.
Public Availability of Comments
Before including your address, phone number, e-mail 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 7
National parks, Special events.
In consideration of the foregoing, the National Park Service
proposes to amend 36 CFR part 7 as set forth below:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
1. The authority citation for part 7 is amended to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also
issued under 36 U.S.C. 501-511, D.C. Code 10-137 (2001) and D.C.
Code 50-2201.07 (2001).
2. Revise Sec. 7.96(g)(4) to read as follows:
Sec. 7.96 National Capital Region.
* * * * *
(g) * * *
(4) Permit processing. (i) NPS processes permit applications for
demonstrations and special events in order of receipt. NPS will not
accept applications more than one year in advance of a proposed
continuous event (including set-up time, if any). Use of a particular
area is allocated in order of receipt of fully executed applications,
subject to the limitations in this section.
(ii) Specific national celebration events have priority use of
particular park areas as shown in the following table:
------------------------------------------------------------------------
Has priority use of
The following event . . . the following area . At the following
. . time . . .
------------------------------------------------------------------------
(A) Lighting of the National northern half of the the last four weeks
Christmas Tree and oval portion of the in December as well
Christmas Pathway of Peace. Ellipse. as necessary set-up
and take-down
between October 1
through February 1.
(B) Cherry Blossom Festival. park areas adjacent two weeks usually in
to the Tidal Basin late March or early
and the sidewalk April as well as
areas adjacent to the necessary set-
Constitution Avenue up and take-down
between 15th & 17th totaling two weeks.
Streets, NW.
(C) Fourth of July Washington Monument time required for
Celebration. Grounds and the necessary staging
Lincoln Memorial and fireworks set-
Reflecting Pool up and take-down,
area. totaling three
weeks in late June
and early July.
[[Page 46219]]
(D) Festival of American the area bounded on for a two-week
Folklife. the south by period in
Jefferson Drive, approximately late
NW; on the north by June and early July
Madison Drive, NW; as well as the
on the east by 7th necessary set-up
Street, NW; on the and take-down
west by 14th totaling eight
Street, NW. weeks.
(E) Columbus Day at the Columbus on Columbus Day.
Commemorative Wreath-Laying. statue on the Union
Plaza.
(F) Presidential Inaugural see paragraph see paragraph
Ceremonies. (g)(4)(iii) of this (g)(4)(iii) of this
section. section.
------------------------------------------------------------------------
(iii) In connection with Presidential Inaugural Ceremonies the
following areas are reserved for priority use as set forth in this
paragraph.
(A) The White House sidewalk and Lafayette Park, exclusive of the
northeast quadrant for the exclusive use of the Inaugural Committee on
Inauguration Day.
(B) Portions of Pennsylvania Avenue National Historic Park and
Sherman Park, as designated in the maps included in paragraph
(g)(4)(iii)(E) of this section, for the exclusive use of the Inaugural
Committee on Inauguration Day for:
(1) Ticketed bleachers viewing and access areas, except that
members of the public may use a ticketed bleacher seat that has not
been claimed by the ticket holder 10 minutes before the Inaugural
Parade is scheduled to pass the bleacher's block;
(2) Portable toilets, except that they will be available to the
public;
(3) Television and radio media and Armed Forces Inaugural Committee
parade support structures;
(4) The area in front of the John A. Wilson Building for the
District of Columbia reviewing stand;
(5) Viewing areas designated for individuals with disabilities,
except that they will be available to any disabled persons.
(C) The area of the National Mall between 14th and 1st Streets, for
the exclusive use of the Armed Forces Inaugural Committee on
Inauguration Day for the assembly, staging, security and weather
protection of the pre-Inaugural parade components and floats on
Inauguration Day, except for:
(1) The placement of jumbotrons and sound towers by the Architect
of the Capitol or the Joint Congressional Committee on Inaugural
Ceremonies so that the Inaugural ceremony may be observed by the Joint
Congressional Committee's ticketed standing room ticket holders between
4th and 1st Streets and the general public from 7th and 4th Streets;
and
(2) A 150-foot-by-200-foot area on the National Mall just east of
14th Street, for the exclusive use of the Inaugural Committee for
television and radio media broadcasts on Inauguration Day.
(D) The Inaugural Committee may also use portions of its designated
areas reasonably necessary for setting up and taking down stands,
bleachers, media and parade support structures as shown in the
following table:
------------------------------------------------------------------------
The Inaugural Committee may
use the following area . . . During the following period . . .
------------------------------------------------------------------------
(1) The White House sidewalk November 1 through March 1.
and Lafayette Park.
(2) Pennsylvania Avenue December 7 through February 10.
National Historic Park and
Sherman Park.
(3) The National Mall between January 6 through January 30.
14th and 1st Streets.
------------------------------------------------------------------------
(E) Maps of designated portions of Pennsylvania Avenue National
Historic Park and Sherman Park referred to in paragraph (g)(4)(iii)(B)
of this section are as follows:
BILLING CODE 4312-39-P
[[Page 46220]]
[GRAPHIC] [TIFF OMITTED] TP08AU08.000
[[Page 46221]]
[GRAPHIC] [TIFF OMITTED] TP08AU08.001
[[Page 46222]]
[GRAPHIC] [TIFF OMITTED] TP08AU08.002
[[Page 46223]]
[GRAPHIC] [TIFF OMITTED] TP08AU08.003
[[Page 46224]]
[GRAPHIC] [TIFF OMITTED] TP08AU08.004
[[Page 46225]]
[GRAPHIC] [TIFF OMITTED] TP08AU08.005
[[Page 46226]]
[GRAPHIC] [TIFF OMITTED] TP08AU08.006
[[Page 46227]]
[GRAPHIC] [TIFF OMITTED] TP08AU08.007
[[Page 46228]]
[GRAPHIC] [TIFF OMITTED] TP08AU08.008
[[Page 46229]]
[GRAPHIC] [TIFF OMITTED] TP08AU08.009
BILLING CODE 4312-39-C
[[Page 46230]]
(iv) Other demonstrations or special events are permitted in park
areas under permit for the National Celebration Events listed in
paragraph (g)(4)(ii) of this section to the extent that they do not
significantly interfere with the National Celebration Events. Except
for Inaugural ceremony activities, no activity containing structures is
permitted closer than 50 feet to another activity containing structures
without the mutual consent of the sponsors of those activities.
(v) NPS will issue a permit for a demonstration on the White House
sidewalk and in Lafayette Park at the same time only if the
requirements of this paragraph are met. The organization, group, or
other sponsor of the demonstration must undertake in good faith all
reasonable action, including the provision of sufficient marshals, to
ensure that the sponsor:
(A) Maintains good order and self-discipline in conducting the
demonstration and any necessary movement of persons; and
(B) Observes the numerical limitations and waiver provisions
described in paragraphs (g)(5)(i) and (ii) of this section.
(vi) NPS will issue permits authorizing demonstrations or special
events for the periods shown in the following table. NPS may extend
these periods for demonstrations only, unless another application
requests use of the particular area and that application precludes
double occupancy.
------------------------------------------------------------------------
Permit validity
Park area Permit validity period for Inaugural
period activities
------------------------------------------------------------------------
(A) White House area, except 7 days........... Between October 24
the Ellipse. through April 1 for
reasonable and
necessary set-up and
take-down activities
for the White House
Sidewalk and
Lafayette Park.
(B) The Ellipse and all other 4 months......... Between December 7
park areas. through February 10
for reasonable and
necessary set-up and
take-down activities
for Pennsylvania
Avenue National
Historic Park and
Sherman Park.
------------------------------------------------------------------------
* * * * *
Dated: July 21, 2008.
Lyle Laverty,
Assistant Secretary of the Interior for Fish and Wildlife and Parks.
[FR Doc. E8-18412 Filed 8-7-08; 8:45 am]
BILLING CODE 4312-39-P