Special Regulation: Areas of the National Park System, National Capital Region, 67739-67750 [E8-27047]

Agencies

• DEPARTMENT OF THE INTERIOR
• National Park Service

[Federal Register Volume 73, Number 222 (Monday, November 17, 2008)]
[Rules and Regulations]
[Pages 67739-67750]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27047]


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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: Final rule.

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SUMMARY: The National Park Service (NPS) is finalizing regulations 
governing viewing of the Inaugural Parade by the Presidential Inaugural 
Committee. The rule also extends the permissible 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 Smithsonian Folklife Festival.

DATES: Effective Date: November 17, 2008.

FOR FURTHER INFORMATION CONTACT: Robbin Owen, National Park Service, 
National Capital Region, National Mall and Memorial Parks, Division of 
Park Programs, 202-619-7225.

SUPPLEMENTARY INFORMATION:

Background

    On August 8, 2008, the NPS proposed a rule that applies to 
activities of the Presidential Inaugural Committee (PIC) for the 
Inaugural. The rule also proposed to clarify the application process 
and extend the permissible duration of demonstrations and special 
events in Washington, D.C., 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 (73 FR 46215). Persons and organizations interested 
in submitting comments were asked to submit them through the Federal 
Rulemaking Portal at https://www.regulations.gov. or to the National 
Park Service's Division of Park Programs at 1100 Ohio Drive, SW., Room 
128, Washington, DC 20242. NPS also issued a news release that alerted 
the media to the proposed rule, and copies were available at the 
National Capital Region's Division of Park Programs, where permit 
applications are submitted. Copies were also mailed to past applicants 
who had requested a permit to demonstrate on Federal parkland at 
Inaugural Parades.
    As noted in the preamble to the proposed rule, Pennsylvania Avenue, 
is among the world's most famous streets and is located in the heart of 
the Nation's Capital. Americans throughout history have marched, 
paraded, promenaded, and protested their way up and down Pennsylvania 
Avenue. NPS recognizes that the Inaugural is a national celebration 
event for the benefit of all citizens, and that it is not a private 
event. Furthermore, park areas along Pennsylvania Avenue, must be 
available to the public as well as demonstrators for viewing the 
Inaugural Parade.
    In recent litigation, the U.S. District Court for the District of 
Columbia determined that the NPS's practice and procedure of submitting 
a permit application on behalf of the PIC violated its regulations with 
respect to the duration of special events and the timing of the 
submission of the application (ANSWER Coalition v. Kempthorne, 537 
F.Supp.2d 183 (D.D.C. March 20, 2008)). The Court stated,

[[Page 67740]]

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.
    The NPS issued a proposed rule to lengthen the permissible duration 
of any permit associated with Inaugural Day activities from 21 days to 
the period of time between October 24 through April 1. It would also 
ensure that the majority of Pennsylvania Avenue, National Historic Site 
(also known and referred to in this regulation as Pennsylvania Avenue, 
National Historic Park) is open to the public and demonstrators for the 
Inaugural Parade, regardless of viewpoint or the content of any 
message. In addition, the proposed rule would extend from three weeks 
to four months the duration of time that any permit may be issued for 
demonstrations or special events on the Ellipse and other designated 
park areas.
    With respect to the Inaugural, the NPS's 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 Inaugural has traditionally necessitated 
such use. The DC Circuit's opinion in A Quaker Action Group v. Morton, 
516 F.2d 717 (DC Cir. 1975), provided the legal basis for NPS's 
priority use regulations. There, the Court 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).
    Among the limited number of park areas impacted by the proposed 
rule would be portions of the National Mall and the Inaugural parade 
route on Pennsylvania Avenue, from 3rd to 15th Streets, as designated 
on the proposed rule's maps. The designated priority-use areas along 
the parade route would be relatively small, leaving the majority of 
park areas available to the public and demonstrators regardless of 
viewpoint or the content of any message. The proposed rule would also 
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. Finally, 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 or the beginning of the proposed event's set-up.
    The time period for the receipt of comments on the NPS's proposed 
rule closed on September 22, 2008. More than 2,900 comments were 
received by the NPS, almost all of them directly submitted to the 
Federal Rulemaking Portal at https://www.regulations.gov. The length of 
the submitted comments generally ranged from several sentences to a 
half a page. Almost all of the comments were from individuals who 
resided in the United States. No comment was received from ANSWER 
Coalition (or their attorneys), plaintiff in the pending lawsuit ANSWER 
Coalition v. Kempthorne, Civil No. 05-0071 PLF (D.D.C.), although they 
were provided a copy of the proposed rule.
    The NPS appreciates the time and effort expended by those who 
submitted comments. The NPS has reviewed the comments, and provides 
responses to the issues raised in the following section. The NPS also 
explains the basis for the final rule, which contains three 
clarifications as well as minor adjustments of the regulatory maps' 
legends to make them more readable in the Code of Federal Regulations.

Response to Comments and Explanation of the Final Regulations

    The vast majority of comments received focused on the Inaugural 
Parade and took issue with the NPS's designation of specific park areas 
for PIC bleachers along Pennsylvania Avenue, between 7th Street and 
15th Streets. Almost 1,700 comments said that the proposed regulations 
would improperly ``privatize'' the parade route; interfere with, 
distance, or limit the public's ability to view the Inaugural Parade; 
or prevent demonstrators from exercising their First Amendment rights. 
Some complained that these parade route sidewalks should not be 
reserved for ``the elite few,'' or ``the exclusive use of privileged 
elite and Wall Street donors,'' while others stated that the rule 
established a ``discriminatory reservation of spectator space.''
    A few comments stated that the PIC should not receive any special 
assistance from the NPS in securing permits. More than 200 comments 
said that the NPS should not allow the PIC to have any designated 
bleacher areas. Approximately 570 comments said that the PIC should 
only have the existing areas around the White House and Lafayette Park, 
or the area around the Capitol for the Inaugural swearing-in ceremony, 
and one comment said that the number of PIC bleachers around the White 
House was excessive. Twenty comments said Freedom Plaza should be 
available for public viewing of the Inaugural Parade. Some comments 
said the proposed rule contradicts NPS policy. Others said that the 
public should have total and unrestricted access to Federal Parkland.
    After careful review of the issues raised, the NPS believes that 
the rule's allocation of space and time for set-up and take-down of 
necessary structures is a fair and equitable distribution of park 
areas, and is consistent with the First Amendment, the Presidential 
Inaugural Ceremonies Act, and NPS policy expressed in its existing 
regulations and Management Policies ] 8.6 (2006).
    The Supreme Court has long recognized that government may 
constitutionally require reasonable time, place and manner restrictions 
on expressive activity, and that the NPS is responsible for the 
management, maintenance, and regulation of the National Parks under 16 
U.S.C. 1, 1a-1, and 3. Clark v. Community for Creative Non-Violence, 
468 U.S. 288, 289-90, 293 (1983). Furthermore, ``[r]egulations of the 
use of a public forum are not `inconsistent with civil liberties' but * 
* * [are] one of the means of safeguarding the good order upon which 
[civil liberties] ultimately depend.' '' Thomas v. Chicago Park 
District, 534 U.S. 316, 323 (2002), quoting Cox v. New Hampshire, 312 
U.S. 569, 574 (1941).
    The allocations in the final rule comport with the Court of 
Appeal's opinion in A Quaker Action Group v. Morton. The final rule 
also fulfills the Department of the Interior's obligations under the 
Presidential Inaugural Ceremonies Act to provide areas on Federal 
Parkland for use by the Inaugural Committee for Inaugural activities 
and still provide access for the conduct of demonstrations. Section 
501(1) of the Act expressly designates the Inaugural Committee as ``the 
committee appointed by the President-elect to be in charge of the 
Presidential inaugural ceremony and functions and activities associated 
with the ceremony'' (36 U.S.C. 501(1)). Section 503(a) of the Act 
provides that the ``Secretary of the Interior may grant to the 
Inaugural Committee a permit to use the reservations or grounds during 
the Inaugural period, including a reasonable

[[Page 67741]]

time before and after the Inaugural period'' (Id. Sec.  503(a)).
    The final rule does not ``privatize'' the parade route, is not 
discriminatory, and does not interfere with, distance, or limit the 
public's ability to view the Inaugural Parade. Nor does it prevent the 
exercise of First Amendment rights. Rather, as the attached maps of the 
parade viewing area detail, the final rule ensures that the majority of 
Pennsylvania Avenue, National Historic Park is open to the public. 
Consistent with the First Amendment and other long-standing NPS 
regulations, the majority of Pennsylvania Avenue, National Historic 
Park is open to demonstrators regardless of viewpoint or the content of 
message. The allocations in the final rule 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.
    Neither the proposed nor final rule alters the existing, twenty-
eight year old regulatory preference for the PIC for the White House 
sidewalk and all but the northeast quadrant of Lafayette Park for 
Inaugural Day, which NPS believes is still reasonable and necessary. 
Adopted in 1980 in accordance with the Presidential Inaugural 
Ceremonies Act (45 FR 84997), this regulatory preference continues to 
provide these areas for use by the Inaugural Committee for Inaugural 
activities, while also providing access for demonstration conduct in 
the vicinity of the White House. As the NPS explained in adopting this 
provision, access to the PIC area is controlled by the Inaugural 
Committee through a reserved ticket system, and the northeast quadrant 
of Lafayette Park and other park areas in the White House area and 
elsewhere are available for demonstration activity under the NPS's 
regular demonstration permit system (45 FR at 84998).
    Besides the northeast quadrant of Lafayette Park, other park areas 
in the White House area and elsewhere remain available for 
demonstration activity under today's final rule. These open park areas 
include areas just north of the White House such as Farragut and 
McPherson Squares, Franklin Park, and most of Pennsylvania Avenue, 
National Historic Park. Pennsylvania Avenue, National Historic Park, 
which became Federal Parkland in 1995, begins near the Capitol and runs 
between 3rd and 15th Streets. While Americans have historically 
marched, paraded, promenaded, and protested up and down Pennsylvania 
Avenue, it has also been the site where PIC has traditionally located 
bleachers for the Inaugural Parade.
    For example, on Federal Parkland adjacent to Pennsylvania Avenue, 
between 3rd and 15th Streets, there were 49 PIC bleachers for the 2005 
Inaugural; 45 PIC bleachers for the 2001 Inaugural; and 36 PIC 
bleachers for the 1997 Inaugural. Under this final rule, most of 
Pennsylvania Avenue, National Historic Park is allocated to the public 
and demonstrators. Specifically, 7,024 linear feet or 70 percent of 
Pennsylvania Avenue, National Historic Park that abuts the parade 
route, which also comprises 625,882 square feet or 84 percent of 
Pennsylvania Avenue, National Historic Park, is open to the public and 
demonstrators regardless of viewpoint or the content of any message. 
These are expansive areas that fully allow the public and demonstrators 
to observe the Inaugural Parade, and the parade participants to see 
them.
    One comment complained that the proposed rule was an attempt by the 
current ``Administration to co-opt the inaugural parade route for use 
by its own constituents.'' This comment is obviously inaccurate because 
the current administration is leaving office. A few comments 
inaccurately complained that the regulations ``set aside prime swaths 
of the Inaugural route'' for PIC. As depicted in the rule's block-by-
block maps of Pennsylvania Avenue, National Historic Park, there are 
many open and expansive areas along the Inaugural route which are not 
designated for PIC bleachers and which provide prime venues to observe 
the Parade. These open areas include the north and south sides between 
3rd and 4th Streets, John Marshall Park (located on the north side and 
between the Canadian Embassy and the United States Courthouse, and, at 
446 feet by 210 feet, one of the largest park areas that make up 
Pennsylvania Avenue, National Historic Park), most of the north side 
between 4th and 6th Streets, most of the north and south sides between 
6th and 7th Streets, most of the north and south sides between 7th and 
9th Streets, all of the north and south sides between 9th and 10th 
Streets, most of the north and south sides between 10th and 12th 
Streets, all of the north side between 12th and 13th Streets, most of 
the south side between 13th and 14th Streets, the western edge of 
Freedom Plaza, and most of the north and south sides between 14th and 
15th Streets. The final rule's maps also designate five areas that are 
open to members of the public who have disabilities: Portions of the 
north and south sides between 4th and 6th Streets, a portion of the 
north side between 7th and 9th Streets, and portions of the Freedom 
Plaza and Pershing Park sidewalks between 13th and 15th Streets.
    The rule also substantially reduces the area that in the past has 
been designated for the PIC's bleachers. Under the rule, PIC bleacher 
areas along the parade route have now been reduced 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 designated areas for 
PIC could accommodate 24 bleachers and 8,790 ticket holders, based on 
the PIC's 2005 set-up.
    Because the final rule does not allocate to the PIC certain park 
areas that have been allocated to PIC in past Inaugural Parades, the 
final rule substantially increases the park areas available to the 
public and demonstrators. In 2005, these no-longer-allocated areas 
contained 25 PIC bleachers that could accommodate 11,344 PIC ticket-
holders.
    At least one comment noted that many PIC bleacher seats on 
Pennsylvania Avenue, National Historic Park during the last Inaugural 
Parade were empty because ticket-holders elected not to use their 
seats. The final rule includes a ``10-minute parade rule'' to address-
such concerns: If a PIC bleacher seat in Pennsylvania Avenue, National 
Historic Park or Sherman Park has not been claimed by the ticket-holder 
ten minutes before the Inaugural Parade is scheduled to pass the 
bleacher's block, then any member of the public, without regard to 
viewpoint or content of the message, may at that time occupy the 
unclaimed seat. The NPS will require PIC to notify ticket-holders (and 
include a statement on each ticket) when they need to be in the 
bleacher to avoid losing their seats. The NPS will also require that 
PIC place marshals at PIC bleachers to assist ticket-holders and inform 
the NPS or the United States Park Police (Park Police) of any unclaimed 
seats under the 10-minute parade rule. Should the NPS or Park Police 
determine that PIC is not in compliance, appropriate action will be 
taken.
    Some comments raised concerns about improving movement through any 
future Inaugural access points, so that people can reach park areas 
along the parade route more easily. Past Inaugural access points for 
Pennsylvania Avenue, National Historic Park have not been located on 
Federal Parkland nor operated by Park Police personnel. They have been 
based upon a security

[[Page 67742]]

determination by the United States Secret Service. As in the past, 
however, once the NPS obtains information about access points, it will 
immediately inform the media and all permit-holders, so that ticket-
holders, the public, and demonstrators might better understand where 
access points are located and how people can get to the various park 
areas along the parade route.
    Traditionally, each PIC decides how, and to whom, to distribute PIC 
bleacher seat tickets. In any event, 36 U.S.C. 510 of the Presidential 
Inaugural Ceremonies Act requires that the Inaugural Committee report 
to the Federal Elections Commission any donation of aggregate value 
greater than $200, including the donation's amount, date received, and 
the name and address of the donor.
    The final rule is both fair and reasonable. At any Inaugural 
Parade, there will be people lawfully standing or sitting next to one 
another who may have and express different viewpoints and messages. In 
this country, expression of views and messages is what the First 
Amendment protects. ``It is firmly settled that under our Constitution 
the public expression of ideas may not be prohibited merely because the 
ideas are themselves offensive to some of their hearers.'' Street v. 
New York, 394 U.S. 576, 592 (1969). And courts have properly identified 
the Federal Parkland in Washington D.C.'s monumental core as a 
``location in the heart of our nation's capital [which] makes it a 
prime location for demonstrations. It is here where Martin Luther King, 
Jr. delivered his famous `I Have a Dream' speech, where both sides of 
the abortion debate have staged their passionate demonstrations, and 
where on any given day one may witness people gathering to voice their 
public concerns.'' Friends of the Vietnam Memorial v. Kennedy, 116 F.3d 
495, 496 (DC Cir. 1997). NPS encourages all Inaugural parade viewers to 
understand and respect the exercise of First Amendment rights by 
others, and the Park Police will take enforcement action only when 
there is a violation of the law.
    The final rule allows the PIC to place portable public bathrooms at 
designated areas along the parade route. In addition, the final rule 
designates the traditional areas necessary for the television, radio 
and other media for broadcasting and reporting on the parade and 
related activities, as well as the traditional areas necessary for the 
Armed Forces Inaugural Committee for parade support structures for 
monitoring and managing the parade itself. And the final rule 
designates an area in front of the John A. Wilson Building for the 
District of Columbia's reviewing stand, and other areas for individuals 
with disabilities to view the parade.
    None of the comments took issue with the necessity for, or size of, 
these areas. The modest allocations 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 reviewing 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.
    While a few comments said that designations on the National Mall 
infringe on the public's right of access and free speech, the final 
rule designates appropriate areas on the National Mall not only for 
ticketed guests for the Inaugural swearing-in ceremony, but also for 
members of the general public, the placement of media stands, and the 
assembly and staging of parade units. These designated areas support 
traditionally necessary Inaugural activities. The Armed Forces 
Inaugural Committee needs to assemble, stage, secure, and weather-
protect the pre-Inaugural Parade components and floats on the National 
Mall between 14th and 1st Streets. And the Architect of the Capitol or 
the Joint Congressional Committee on Inaugural Ceremonies needs to site 
jumbotrons and sound towers so that the Joint Congressional Committee's 
standing room ticket-holders can observe the Inaugural ceremony between 
4th and 1st Streets, and members of the general public can observe it 
between 7th and 4th Streets. In response to one comment, the NPS will 
work with the PIC and others on the supply and placement of jumbotrons 
on the National Mall for better viewing by members of the general 
public. In response to another comment, the final rule corrects a 
typographical error in the text of the proposed rule at 
(g)(4)(iii)(C)(2), in order to place the 150-foot by 200-foot media 
area in its traditional location east of 7th Street on the National 
Mall.
    One comment suggested that the text identifying the Inaugural set-
up and take-down locations in the proposed rule was broader than shown 
on the maps that are part of the proposed rule. The maps were intended 
to focus only on Pennsylvania Avenue, National Historic Park and 
Sherman Park, because of their depiction of the placement of assorted 
structures. Some comments indicated that the lengthened set-up and 
take-down timeframe was excessive, and would therefore limit free 
speech and assembly.
    The NPS respectfully disagrees, especially because NPS is unaware 
of instances in the past where set-up and take-down activity has 
interfered with First Amendment rights. Inaugural-related construction 
is complex and extensive, and requires a reasonably adequate time 
period. 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 and special 
event activity.
    The final rule sets specific set-up and take-down times that the 
NPS has determined are reasonably necessary for the erection and 
removal of the stands, bleachers, media and parade support structures 
in the various designated park areas. The set-up and take-down times 
determined necessary under the rule are 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.
    Some comments stated that Pennsylvania Avenue, should stay open to 
the driving and walking public at all times. One comment requested that 
the rule not restrict ``reasonable signage'' on the parade route. Some 
comments objected to any restrictions on public access to the Inaugural 
Parade, recommending instead cancellation of the parade in the face of 
a security threat. Some comments assumed that the proposed rule would 
limit public access to the parade in order to provide an appropriate 
level of security for the President, and then suggested alternative 
approaches to protecting the President (e.g., improving motorcade 
vehicles, adding additional escorts, letting Secret Service manage 
security.) One comment said that the rule needs to weigh safety against 
the ``needs for freedom in a democracy,'' while another comment said 
that officials should not employ additional security measures. One 
comment suggested that logjams at public access security access points 
could be reduced by establishing more access points to the entire 
parade route.
    The issues raised by these comments are outside the jurisdiction of 
the NPS and beyond this regulatory effort.

[[Page 67743]]

Pennsylvania Avenue, itself is under the jurisdiction of the District 
of Columbia, and issues related to Inaugural Parade security and access 
points are a matter for the United States Secret Service, who makes the 
security-based determinations such as what may be allowed on the 
Inaugural Parade sidewalks and the number and locations of access 
points.
    The Smithsonian Institution requests that the final rule use the 
name ``Smithsonian Folklife Festival'' instead of ``Festival of 
American Folklife,'' and clarify the chart at 36 CFR 7.96(g)(4)(ii)(D) 
to indicate a 10-week time period for this event as intended by the 
proposed rule. NPS has included these changes in the final rule. One 
comment expressed confusion regarding whether the Cherry Blossom 
Festival's two-week set-up and take-down time period is in addition to 
the two weeks designated for the event itself. It is, and the final 
rule contains clarifying changes.
    There were no comments regarding the proposed rule's incorporation 
of the long-standing NPS written policy not to accept permit 
applications for demonstrations and special events earlier than one 
year in advance of the proposed event, or the beginning of the event 
set-up if it is earlier. Thus, the final rule requires applications to 
be submitted no more than one-year before the date of the event 
including its set-up and take-down time. For example, the NPS would 
accept on January 1, 2009 an application for January 1, 2010, but would 
not accept on January 1, 2009 an application for January 1 for the next 
three years, or for January 1 and February 1, 2010.

Effective Date

    Pursuant to 5 U.S.C. 553(d)(3) and 318 DM 4.7 B(1)(ii), the rule is 
effective immediately so that the NPS may effectively perform its 
duties under the Presidential Inaugural Ceremonies Act, manage 
activities on Federal Parkland associated with the upcoming 2009 
Inaugural, and allow for any judicial challenge to occur in a timely 
manner. In addition, the rule is not a ``major rule'' for purposes of 
the Congressional Review Act, 5 U.S.C. Chapter 8, because it does not 
meet the Act's definition of a ``major rule'' at 5 U.S.C. 804(2).

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 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.

List of Subjects in 36 CFR Part 7

    National Parks, Special events.


0
In consideration of the foregoing, the National Park Service amends 36 
CFR part 7 as set forth below:

PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

0
1. The authority citation for part 7 is revised 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.

[[Page 67744]]

501-511, D.C. Code 10-137 (2001) and D.C. Code 50-2201.07 (2001)

0
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 an additional
                               Constitution          two weeks for the
                               Avenue, between       necessary set-up
                               15th & 17th Streets   and take-down.
                               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.
(D) Smithsonian Folklife      The area bounded on   For a two-week
 Festival.                     the south by          period in
                               Jefferson Drive NW;   approximately late
                               on the north by       June and early July
                               Madison Drive, NW;    and an additional
                               on the east by 7th    eight weeks for the
                               Street, NW; on the    necessary set-up
                               west by 14th          and take-down.
                               Street, NW.
(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 Presidential Inaugural 
Committee on Inaugural 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 
Presidential Inaugural Committee on Inaugural 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 Inaugural 
Day for the assembly, staging, security and weather protection of the 
pre-Inaugural parade components and floats on Inaugural 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 between 7th and 4th Streets; 
and
    (2) A 150-foot-by-200-foot area on the National Mall just east of 
7th Street, for the exclusive use of the Presidential Inaugural 
Committee for television and radio media broadcasts on Inaugural Day.
    (D) The Presidential 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 Presidential Inaugural Committee may use     During the following
           the following area . . .                   period . . .
------------------------------------------------------------------------
(1) The White House sidewalk and Lafayette     November 1 through March
 Park.                                          1.
(2) Pennsylvania Avenue, National Historic     December 7 through
 Park and Sherman Park.                         February 10.
(3) The National Mall between 14th and 1st     January 6 through January
 Streets.                                       30.
------------------------------------------------------------------------

    (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:
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    (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 period for inaugural
               Park area                    Permit validity period                     activities
----------------------------------------------------------------------------------------------------------------
(A) White House area, except the        7 days........................  Between October 24 through April 1 for
 Ellipse.                                                                reasonable and necessary set-up and
                                                                         take-down activities for the White
                                                                         House Sidewalk and Lafayette Park.
(B) The Ellipse and all other park      4 months......................  Between December 7 through February 10
 areas.                                                                  for reasonable and necessary set-up and
                                                                         take-down activities for Pennsylvania
                                                                         Avenue, National Historic Park and
                                                                         Sherman Park.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: October 31, 2008.
Lyle Laverty,
Assistant Secretary of the Interior for Fish and Wildlife and Parks.
[FR Doc. E8-27047 Filed 11-14-08; 8:45 am]
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