Special Regulations, Areas of the National Park System, Klondike Gold Rush National Historical Park, Horse Management, 66417-66419 [2015-27522]

Download as PDF Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Rules and Regulations Background The final and temporary regulations (TD 9733) that are the subject of this correction are under sections 954 and 956 of the Internal Revenue Code. Need for Correction As published, the final and temporary regulations (TD 9733) contain errors that may prove to be misleading and are in need of clarification. Correction of Publication Accordingly, the final and temporary regulations (TD 9733), that are the subject of FR Doc. 2015–21574, are corrected as follows: 1. On page 52977, in the preamble, the first column, under the paragraph heading ‘‘Background’’, the second line of the paragraph, the language ‘‘to 26 CFR part 1 under of the Internal’’ is corrected to read ‘‘to 26 CFR part 1 under section 956 of the Internal’’. 2. On page 52979, in the preamble, the second column, the first line of the column, the language ‘‘the active development test in §§ 1.954–’’ is corrected to read ‘‘the active development test in § 1.954–’’. 3. On page 52979, in the preamble, the second column, the twentieth line of the column, the language ‘‘§§ 1.954– 2T(c)(2)(iii)(E), (c)(2)(viii),’’ is corrected to read ‘‘§ 1.954–2T(c)(2)(iii)(E), (c)(2)(viii),’’. 4. On page 52979, in the preamble, the second column, the twelfth line from the bottom of the column, the language ‘‘that such rents or royalties that are’’ is corrected to read that such rents or royalties are’’. Martin V. Franks, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. 2015–27604 Filed 10–28–15; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF THE INTERIOR Office of Natural Resources Revenue 30 CFR Parts 1206 and 1210 [Docket No. ONRR–2015–0002; DS63610000 DR2PS0000.CH7000 156D0102R2] Technical Conference Office of Natural Resources Revenue (ONRR), Interior. ACTION: Notification of technical conference. rmajette on DSK7SPTVN1PROD with RULES AGENCY: ONRR will convene a technical conference on November 20, 2015, to discuss two issues: (1) The SUMMARY: VerDate Sep<11>2014 13:13 Oct 28, 2015 Jkt 238001 appropriate boundary line between the North Fort Berthold and South Fort Berthold Designated Areas and adding additional counties to one or both of the two Designated Areas in the Uintah and Ouray Reservation. Date And Address: ONRR will hold two sessions for the technical conference. The first session will be held in person on November 20, 2015, at 9:00 a.m. Mountain Time in Denver, Colorado. The location will be at the Office of Natural Resources Revenue, Denver Federal Center, 6th Avenue and Kipling Street, Building 85, Auditoriums A–D, Denver, Colorado 80226. The second session will be a teleconference on November 20, 2015, at 2:00 p.m. Mountain Time. To call into the second session please call 1–866– 778–1299, and use participant code 5826518. To RSVP for either one of these two sessions, please email Elizabeth Dawson at lisa.dawson@onrr.gov or call (303) 231–3653. If you cannot participate in either session and would like to provide comments, please email us at ONRRIndianOilRuleQuestions@onrr.gov by November 30, 2015. FOR FURTHER INFORMATION CONTACT: Elizabeth Dawson, ONRR, telephone (303) 231–3653, or email at lisa.dawson@onrr.gov. SUPPLEMENTARY INFORMATION: Under the new Indian oil valuation amendments (80 FR 24794—May 1, 2015), ONRR uses designated areas to calculate indexbased major portion prices for lessees to comply with the major portion provisions in their leases. Designated areas are those areas ONRR identifies as unique based on their location and crude type produced from Indian lands. When ONRR proposed the new Indian oil valuation amendments (79 FR 35102—June 19, 2014), we proposed sixteen initial Designated Areas. Generally, these Designated Areas were the Indian reservation boundaries. However, there are five Designated Areas that are not the reservation boundaries: Oklahoma; North Fort Berthold; South Fort Berthold; Uintah & Ouray: Uintah and Grand Counties; and Uintah and Ouray: Duschene County. Under the new Indian Oil Valuation Amendments—and in order to modify or change an existing Designated Area— ONRR must convene a technical conference. See 30 CFR 1206.51. In implementing the rule, ONRR discovered two potential issues: (1) The preamble describes the dividing line between the North Fort Berthold Designated Area and the South Fort PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 66417 Berthold Designated Area as the ‘‘Little Missouri River;’’ at the technical conference, ONRR would like to discuss whether the Little Missouri River or the county lines that follow the Missouri River is the appropriate boundary between the North Fort Berthold and South Fort Berthold Designated Areas. (2) ONRR found at least one Indian lease that is in Wasatch County in the Uintah and Ouray Reservation. In addition, ONRR identified two other counties in the Uintah and Ouray Reservation that do not currently have Indian leases: Carbon and Emery Counties. However these Counties could have Indian leases in the future. Because the current designated areas list only includes Uintah, Duchesne, and Grand Counties on the Uintah and Ouray Reservation, ONRR would like to discuss adding Wasatch County to the Uintah and Ouray—Duchesne County Designated Area. ONRR would also like to discuss whether to include Carbon and Emery Counties in either the Uintah and Ouray—Uintah and Grand Counties or Uintah and Ouray—Duchesne County Designated Areas. ONRR will not consider or discuss other issues associated with these or other designated areas at the technical conference. We encourage stakeholders and members of the public to participate in one of the two conference sessions. The conference sessions will be open to the public without advance registration. However, attendance may be limited to the space available. Each attendee will be required to present a valid picture ID in order to gain entry into the Denver Federal Center and Building 85. Dated: October 14, 2015. Gregory J. Gould, Director, Office of Natural Resources Revenue. [FR Doc. 2015–27250 Filed 10–28–15; 8:45 am] BILLING CODE 4335–30–P DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Part 13 [NPS–KLGO–19374; PPAKKLGOL0, PPMPRLE1Z.L00000] RIN 1024–AE27 Special Regulations, Areas of the National Park System, Klondike Gold Rush National Historical Park, Horse Management National Park Service, Interior. Final rule. AGENCY: ACTION: E:\FR\FM\29OCR1.SGM 29OCR1 66418 Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Rules and Regulations The National Park Service is revising the special regulations for Klondike Gold Rush National Historical Park to close the core Dyea Historic Townsite to the use of horses except by special use permit issued by the superintendent. SUMMARY: This rule is effective November 30, 2015. FOR FURTHER INFORMATION CONTACT: Andee Sears, Regional Law Enforcement Specialist, Alaska Regional Office, 240 West 5th Ave., Anchorage, AK 99501. Phone (907) 644–3410. Email: AKR_ Regulations@nps.gov. SUPPLEMENTARY INFORMATION: DATES: Background and Significance of Klondike Gold Rush National Historical Park Klondike Gold Rush National Historical Park (KLGO or park) was established in 1976. The park includes 13,191 acres and is the only NPS area authorized and established solely to commemorate an American gold rush. The purpose of the park is to preserve for the benefit and inspiration of the people of the United States, the historic structures, trails, artifacts and landscapes and stories associated with the Klondike Gold Rush of 1898. Part of the park is the Dyea Historic Townsite, which served as the gateway community to the Chilkoot Trail. At the time of the Gold Rush, approximately 10,000 people lived in Dyea. Dyea is rich in surface artifacts and other remnants from the Klondike Gold Rush of 1898. Horses were a very important and visible component of the 1898 Klondike Gold Rush and the Dyea Historic Townsite from 1897 and for several decades afterward. Thousands of unique and irreplaceable cultural landscape features and artifacts remain within and above the top layers of soil, and as such are highly susceptible to damage from ground disturbance, including disturbance caused by unregulated horseback traffic. rmajette on DSK7SPTVN1PROD with RULES Authority To Promulgate Regulations The National Park Service (NPS) manages KLGO under a statute commonly known as the NPS Organic Act of 1916 (Organic Act) (54 U.S.C. 100101 et seq.), which gives the NPS broad authority to regulate the use of the park areas under its jurisdiction. The Organic Act authorizes the Secretary of the Interior, acting through NPS, to ‘‘prescribe such regulations as the Secretary considers necessary or proper for the use and management of [National Park] System units.’’ 54 U.S.C. 100751(a). VerDate Sep<11>2014 13:13 Oct 28, 2015 Jkt 238001 Management of the park is also governed by the Alaska National Interest Lands Conservation Act (ANILCA). Horses at KLGO are a form of nonmotorized surface transportation for traditional activities which is subject to Section 1110(a) of ANILCA. Under this section of ANILCA, such use is subject to reasonable regulations to protect the natural and other values of KLGO. Under the Department’s regulations implementing this statutory provision at 43 CFR 36.11(h), NPS may permanently close an area to this form of transportation by regulation upon a finding by the NPS that the activity would be detrimental to the resource values of the area. Based upon the analysis in the Dyea Area Plan and Environmental Assessment (EA) and the associated Finding of No Significant Impact (FONSI), NPS finds that unregulated horse traffic in the Dyea Historic Townsite would be detrimental to the resource values of the area, namely the thousands of unique and irreplaceable cultural landscape features and artifacts that remain within and above the top layers of soil in the area. Dyea Area Plan and Environmental Assessment and Final Rule In January 2014, the NPS completed the EA after providing an opportunity for public comment. The proposed action in the EA calls for eliminating horse traffic from the Dyea Historic Townsite except for limited and infrequent use on an established route by private, non-commercial parties pursuant to a special use permit issued by the superintendent. In March 2014, the NPS held a public hearing in Skagway, AK for the proposed restrictions on horse use in the Dyea Historic Townsite in compliance with regulations at 43 CFR 36.11(h)(3). In September 2014, the Regional Director for the Alaska Region signed the FONSI identifying the proposed action in the EA as the selected action. The rule implements the selected action by closing the Dyea Historic Townsite to the use of horses except under a special use permit issued by the superintendent under 36 CFR 1.6 (Permits), the provisions of which apply to the permits issued by the superintendent. If, after observation, the superintendent determines that the desired condition, as defined in the EA, has deteriorated, the superintendent may include permit conditions to protect natural and cultural resources and, if necessary, cease issuing permits until impacts from prior uses of horses are mitigated. The superintendent may also adopt permit conditions to limit impacts from the use of horses on other user experiences. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 The closure area is a small 80 acre parcel encompassing the core Dyea Historic Townsite. Alternate routes have already been designated for commercial horse use outside the core Dyea Historic Townsite and noncommercial horse use will continue to be unrestricted outside the Historic Townsite. Summary of Public Comments The NPS published the proposed rule at 80 FR 39988 (July 13, 2015). The NPS accepted comments through the mail, hand delivery, and through the Federal eRulemaking Portal at https:// www.regulations.gov. The comment period was open through September 11, 2015. The NPS did not receive any comments on the proposed rule. The NPS did not make any substantive changes to the proposed rule, although the final rule clarifies that the superintendent will issue permits under 36 CFR 1.6. Compliance With Other Laws, Executive Orders, and Department Policy Regulatory Planning and Review (Executive Order 12866) Executive Order 12866 provides that the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget will review all significant rules. OIRA has determined that this rule is not significant. Executive Order 13563 reaffirms the principles of Executive Order 12866 while calling for improvements in the nation’s regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. Executive Order 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements. Regulatory Flexibility Act This rule 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.). This certification is based on the costbenefit and regulatory flexibility analyses found in the reports entitled ‘‘Regulatory Flexibility Threshold E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 80, No. 209 / Thursday, October 29, 2015 / Rules and Regulations Analysis: Special Regulations for Klondike Gold Rush National Historical Park’’ and ‘‘Preliminary Cost/Benefit Analysis: Special Regulations for Klondike Gold Rush National Historical Park in Alaska which can be viewed online at https://www.nps.gov/klgo/ learn/management/documents.htm. Small Business Regulatory Enforcement Fairness Act 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. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is therefore not required. Takings (Executive Order 12630) This rule does not effect a taking of private property or otherwise have taking implications under Executive Order 12630. A takings implication assessment is not required. Federalism (Executive Order 13132) rmajette on DSK7SPTVN1PROD with RULES Under the criteria in section 1 of Executive Order 13132, this rule does not have sufficient federalism implications to warrant the preparation of a Federalism summary impact statement. The rule is limited in effect to federal lands managed by the NPS in Alaska and will not have a substantial direct effect on state and local government in Alaska. A federalism summary impact statement is not required. Civil Justice Reform (Executive Order 12988) This rule complies with the requirements of Executive Order 12988. Specifically, this rule: 1. Meets the criteria of section 3(a) requiring that all regulations be VerDate Sep<11>2014 13:13 Oct 28, 2015 Jkt 238001 reviewed to eliminate errors and ambiguity and be written to minimize litigation; and 2. Meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards. Consultation With Indian tribes (E.O. 13175 and Department Policy) and ANCSA Corporations. The Department of the Interior strives to strengthen its government-togovernment relationship with Indian Tribes through a commitment to consultation with Indian tribes and recognition of their right to selfgovernance and tribal sovereignty. We have evaluated this rule under the criteria in Executive Order 13175 and under the Department’s tribal consultation policy and Alaska Native Claims Settlement Act (ANCSA) Corporations policy and have determined that tribal consultation is not required because the rulemaking will have no substantial direct effect on federally recognized Indian tribes or ANCSA Native Corporation lands, water areas, or resources. Nevertheless, the NPS sent copies of the draft plan and letters requesting government-togovernment consultation to four nearby Native tribal governments, one of which is the Carcross/Tagish First Nations tribe in Carcross, Canada. Several meetings were held between 2012 and 2013 with tribal governments in Skagway and Haines to discuss key components of the Dyea Area Plan and EA that were of interest to the local federally recognized tribes. Paperwork Reduction Act (44 U.S.C. 3501 et seq.) This rule does not contain any new collections of information that require approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act. OMB has approved the information collection requirements associated with NPS Special Park Use Permits and has assigned OMB Control Number 1024–0026 (expires 08/31/16). An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. National Environmental Policy Act This rule does not constitute a major Federal action significantly affecting the quality of the human environment. A detailed statement under the National Environmental Policy Act of 1969 is not required because we reached a Finding of No Significant Impact. The EA and FONSI are available online at https:// PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 66419 www.nps.gov/klgo/learn/management/ documents.htm. Effects on the Energy Supply (Executive Order 13211) This rule is not a significant energy action under the definition in Executive Order 13211. A Statement of Energy Effects is not required. Drafting Information The primary authors of this regulation are Jay Calhoun, Regulations Program Specialist, National Park Service, Jenna Giddens of Kenai Fjords National Park, Andee Sears of the Alaska Regional Office, National Park Service, and Tim Steidel of Klondike Gold Rush National Historical Park. List of Subjects in 36 CFR Part 13 Alaska, National parks, Reporting and recordkeeping requirements. In consideration of the foregoing, the National Park Service amends 36 CFR part 13 as set forth below: PART 13—NATIONAL PARK SYSTEM UNITS IN ALASKA 1. The authority citation for part 13 continues to read as follows: ■ Authority: 16 U.S.C. 3124; 54 U.S.C. 100101, 100751, 320102; Sec. 13.1204 also issued under Sec. 1035, Pub. L. 104–333, 110 Stat. 4240. 2. Add § 13.1408 to subpart Q to read as follows: ■ § 13.1408 Dyea. The Dyea Historic Townsite is closed to the use of horses by members of the public except by special use permit issued by the Superintendent under § 1.6 of this chapter. A map showing the boundaries of the Dyea Historic Townsite is available on the park Web site and at the park visitor center. Dated: October 21, 2015. Michael Bean, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2015–27522 Filed 10–28–15; 8:45 am] BILLING CODE 4310–EJ–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 17 RIN 2900–AP24 Expanded Access to Non-VA Care Through the Veterans Choice Program Department of Veterans Affairs. Final rule. AGENCY: ACTION: E:\FR\FM\29OCR1.SGM 29OCR1

Agencies

[Federal Register Volume 80, Number 209 (Thursday, October 29, 2015)]
[Rules and Regulations]
[Pages 66417-66419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27522]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 13

[NPS-KLGO-19374; PPAKKLGOL0, PPMPRLE1Z.L00000]
RIN 1024-AE27


Special Regulations, Areas of the National Park System, Klondike 
Gold Rush National Historical Park, Horse Management

AGENCY: National Park Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

[[Page 66418]]

SUMMARY: The National Park Service is revising the special regulations 
for Klondike Gold Rush National Historical Park to close the core Dyea 
Historic Townsite to the use of horses except by special use permit 
issued by the superintendent.

DATES: This rule is effective November 30, 2015.

FOR FURTHER INFORMATION CONTACT: Andee Sears, Regional Law Enforcement 
Specialist, Alaska Regional Office, 240 West 5th Ave., Anchorage, AK 
99501. Phone (907) 644-3410. Email: AKR_Regulations@nps.gov.

SUPPLEMENTARY INFORMATION: 

Background and Significance of Klondike Gold Rush National Historical 
Park

    Klondike Gold Rush National Historical Park (KLGO or park) was 
established in 1976. The park includes 13,191 acres and is the only NPS 
area authorized and established solely to commemorate an American gold 
rush. The purpose of the park is to preserve for the benefit and 
inspiration of the people of the United States, the historic 
structures, trails, artifacts and landscapes and stories associated 
with the Klondike Gold Rush of 1898.
    Part of the park is the Dyea Historic Townsite, which served as the 
gateway community to the Chilkoot Trail. At the time of the Gold Rush, 
approximately 10,000 people lived in Dyea. Dyea is rich in surface 
artifacts and other remnants from the Klondike Gold Rush of 1898. 
Horses were a very important and visible component of the 1898 Klondike 
Gold Rush and the Dyea Historic Townsite from 1897 and for several 
decades afterward. Thousands of unique and irreplaceable cultural 
landscape features and artifacts remain within and above the top layers 
of soil, and as such are highly susceptible to damage from ground 
disturbance, including disturbance caused by unregulated horseback 
traffic.

Authority To Promulgate Regulations

    The National Park Service (NPS) manages KLGO under a statute 
commonly known as the NPS Organic Act of 1916 (Organic Act) (54 U.S.C. 
100101 et seq.), which gives the NPS broad authority to regulate the 
use of the park areas under its jurisdiction. The Organic Act 
authorizes the Secretary of the Interior, acting through NPS, to 
``prescribe such regulations as the Secretary considers necessary or 
proper for the use and management of [National Park] System units.'' 54 
U.S.C. 100751(a).
    Management of the park is also governed by the Alaska National 
Interest Lands Conservation Act (ANILCA). Horses at KLGO are a form of 
non-motorized surface transportation for traditional activities which 
is subject to Section 1110(a) of ANILCA. Under this section of ANILCA, 
such use is subject to reasonable regulations to protect the natural 
and other values of KLGO. Under the Department's regulations 
implementing this statutory provision at 43 CFR 36.11(h), NPS may 
permanently close an area to this form of transportation by regulation 
upon a finding by the NPS that the activity would be detrimental to the 
resource values of the area. Based upon the analysis in the Dyea Area 
Plan and Environmental Assessment (EA) and the associated Finding of No 
Significant Impact (FONSI), NPS finds that unregulated horse traffic in 
the Dyea Historic Townsite would be detrimental to the resource values 
of the area, namely the thousands of unique and irreplaceable cultural 
landscape features and artifacts that remain within and above the top 
layers of soil in the area.

Dyea Area Plan and Environmental Assessment and Final Rule

    In January 2014, the NPS completed the EA after providing an 
opportunity for public comment. The proposed action in the EA calls for 
eliminating horse traffic from the Dyea Historic Townsite except for 
limited and infrequent use on an established route by private, non-
commercial parties pursuant to a special use permit issued by the 
superintendent. In March 2014, the NPS held a public hearing in 
Skagway, AK for the proposed restrictions on horse use in the Dyea 
Historic Townsite in compliance with regulations at 43 CFR 36.11(h)(3). 
In September 2014, the Regional Director for the Alaska Region signed 
the FONSI identifying the proposed action in the EA as the selected 
action. The rule implements the selected action by closing the Dyea 
Historic Townsite to the use of horses except under a special use 
permit issued by the superintendent under 36 CFR 1.6 (Permits), the 
provisions of which apply to the permits issued by the superintendent. 
If, after observation, the superintendent determines that the desired 
condition, as defined in the EA, has deteriorated, the superintendent 
may include permit conditions to protect natural and cultural resources 
and, if necessary, cease issuing permits until impacts from prior uses 
of horses are mitigated. The superintendent may also adopt permit 
conditions to limit impacts from the use of horses on other user 
experiences.
    The closure area is a small 80 acre parcel encompassing the core 
Dyea Historic Townsite. Alternate routes have already been designated 
for commercial horse use outside the core Dyea Historic Townsite and 
noncommercial horse use will continue to be unrestricted outside the 
Historic Townsite.

Summary of Public Comments

    The NPS published the proposed rule at 80 FR 39988 (July 13, 2015). 
The NPS accepted comments through the mail, hand delivery, and through 
the Federal eRulemaking Portal at https://www.regulations.gov. The 
comment period was open through September 11, 2015. The NPS did not 
receive any comments on the proposed rule. The NPS did not make any 
substantive changes to the proposed rule, although the final rule 
clarifies that the superintendent will issue permits under 36 CFR 1.6.

Compliance With Other Laws, Executive Orders, and Department Policy

Regulatory Planning and Review (Executive Order 12866)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. OIRA has determined that this rule is not 
significant.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. The executive order directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563 
emphasizes further that regulations must be based on the best available 
science and that the rulemaking process must allow for public 
participation and an open exchange of ideas. We have developed this 
rule in a manner consistent with these requirements.

Regulatory Flexibility Act

    This rule 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.). This certification is based on the cost-
benefit and regulatory flexibility analyses found in the reports 
entitled ``Regulatory Flexibility Threshold

[[Page 66419]]

Analysis: Special Regulations for Klondike Gold Rush National 
Historical Park'' and ``Preliminary Cost/Benefit Analysis: Special 
Regulations for Klondike Gold Rush National Historical Park in Alaska 
which can be viewed online at https://www.nps.gov/klgo/learn/management/documents.htm.

Small Business Regulatory Enforcement Fairness Act

    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. A statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.) is therefore not required.

Takings (Executive Order 12630)

    This rule does not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630. A takings 
implication assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, this rule 
does not have sufficient federalism implications to warrant the 
preparation of a Federalism summary impact statement. The rule is 
limited in effect to federal lands managed by the NPS in Alaska and 
will not have a substantial direct effect on state and local government 
in Alaska. A federalism summary impact statement is not required.

Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule:
    1. Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    2. Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Consultation With Indian tribes (E.O. 13175 and Department Policy) and 
ANCSA Corporations.

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian tribes and recognition of their 
right to self-governance and tribal sovereignty. We have evaluated this 
rule under the criteria in Executive Order 13175 and under the 
Department's tribal consultation policy and Alaska Native Claims 
Settlement Act (ANCSA) Corporations policy and have determined that 
tribal consultation is not required because the rulemaking will have no 
substantial direct effect on federally recognized Indian tribes or 
ANCSA Native Corporation lands, water areas, or resources. 
Nevertheless, the NPS sent copies of the draft plan and letters 
requesting government-to-government consultation to four nearby Native 
tribal governments, one of which is the Carcross/Tagish First Nations 
tribe in Carcross, Canada. Several meetings were held between 2012 and 
2013 with tribal governments in Skagway and Haines to discuss key 
components of the Dyea Area Plan and EA that were of interest to the 
local federally recognized tribes.

Paperwork Reduction Act (44 U.S.C. 3501 et seq.)

    This rule does not contain any new collections of information that 
require approval by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act. OMB has approved the information collection 
requirements associated with NPS Special Park Use Permits and has 
assigned OMB Control Number 1024-0026 (expires 08/31/16). An agency may 
not conduct or sponsor and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number.

National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 is not required 
because we reached a Finding of No Significant Impact. The EA and FONSI 
are available online at https://www.nps.gov/klgo/learn/management/documents.htm.

Effects on the Energy Supply (Executive Order 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects is not 
required.

Drafting Information

    The primary authors of this regulation are Jay Calhoun, Regulations 
Program Specialist, National Park Service, Jenna Giddens of Kenai 
Fjords National Park, Andee Sears of the Alaska Regional Office, 
National Park Service, and Tim Steidel of Klondike Gold Rush National 
Historical Park.

List of Subjects in 36 CFR Part 13

    Alaska, National parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, the National Park Service amends 
36 CFR part 13 as set forth below:

PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA

0
1. The authority citation for part 13 continues to read as follows:

    Authority: 16 U.S.C. 3124; 54 U.S.C. 100101, 100751, 320102; 
Sec. 13.1204 also issued under Sec. 1035, Pub. L. 104-333, 110 Stat. 
4240.


0
2. Add Sec.  13.1408 to subpart Q to read as follows:


Sec.  13.1408  Dyea.

    The Dyea Historic Townsite is closed to the use of horses by 
members of the public except by special use permit issued by the 
Superintendent under Sec.  1.6 of this chapter. A map showing the 
boundaries of the Dyea Historic Townsite is available on the park Web 
site and at the park visitor center.

    Dated: October 21, 2015.
Michael Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2015-27522 Filed 10-28-15; 8:45 am]
 BILLING CODE 4310-EJ-P
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