Special Regulations, Areas of the National Park System, Klondike Gold Rush National Historical Park, Horse Management, 66417-66419 [2015-27522]
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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:
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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
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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).
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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.
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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
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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://
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Frm 00007
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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]
-----------------------------------------------------------------------
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.
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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
