General Provisions; Electronic Cigarettes, 1647-1651 [2016-31957]

Download as PDF sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Proposed Rules (3) * * * (ii) [The text of the proposed amendment to § 1.1441–1(c)(3)(ii) is the same as the text of § 1.1441–1T(c)(3)(ii) published elsewhere in this issue of the Federal Register.] * * * * * (38) * * * (ii) [The text of the proposed amendment to § 1.1441–1(c)(38)(ii) is the same as the text of § 1.1441– 1T(c)(38)(ii) published elsewhere in this issue of the Federal Register.] * * * * * (e) * * * (2) * * * (ii) * * * (B) [The text of the proposed amendment to § 1.1441–1(e)(2)(ii)(B) is the same as the text of § 1.1441– 1T(e)(2)(ii)(B) published elsewhere in this issue of the Federal Register.] * * * * * (3) * * * (iv) * * * (C) * * * (3) [The text of the proposed amendment to § 1.1441–1(e)(3)(iv)(C)(3) is the same as the text of § 1.1441– 1T(e)(3)(iv)(C)(3) published elsewhere in this issue of the Federal Register.] * * * * * (4) * * * (i) * * * (B) [The text of the proposed amendment to § 1.1441–1(e)(4)(i)(B) is the same as the text of § 1.1441– 1T(e)(4)(i)(B) published elsewhere in this issue of the Federal Register.] (ii) * * * (A) * * * (2) [The text of the proposed amendment to § 1.1441–1(e)(4)(ii)(A)(2) is the same as the text of § 1.1441– 1T(e)(4)(ii)(A) published elsewhere in this issue of the Federal Register.] * * * * * (iv) * * * (D) [The text of the proposed amendment to § 1.1441–1(e)(4)(iv)(D) is the same as the text of § 1.1441– 1T(e)(4)(iv)(D) published elsewhere in this issue of the Federal Register.] (E) [The text of the proposed amendment to § 1.1441–1(e)(4)(iv)(E) is the same as the text of § 1.1441– 1(e)(4)(iv)(E) published elsewhere in this issue of the Federal Register.] * * * * * ■ Par. 3. Section 1.1441–2 is amended by adding paragraph (a)(8) to read as follows: same as the text of § 1.1441–2T(a)(8) published elsewhere in this issue of the Federal Register.] * * * * * ■ Par. 4. Section 1.1441–6 is amended by: ■ 1. Adding paragraphs (b)(1)(i) and (b)(1)(ii). ■ 2. Revising paragraphs (c)(1) and (c)(5)(i). The additions and revision read as follows: § 1.1441–2 Amounts subject to withholding. John Dalrymple, Deputy Commissioner for Services and Enforcement. (a) * * * (8) [The text of the proposed amendment to § 1.1441–2(a)(8) is the VerDate Sep<11>2014 17:49 Jan 05, 2017 Jkt 241001 § 1.1441–6 Claim of reduced withholding under an income tax treaty. * * * * * (b) * * * (1) * * * (i) [The text of the proposed amendment to § 1.1441–6(b)(1)(i) is the same as the text of § 1.1441–6T(b)(1)(i) published elsewhere in this issue of the Federal Register.] (ii) [The text of the proposed amendment to § 1.1441–6(b)(1)(ii) is the same as the text of § 1.1441–6T(b)(1)(ii) published elsewhere in this issue of the Federal Register.] * * * * * (c) * * * (1) [The text of the proposed amendment to § 1.1441–6(c)(1) is the same as the text of § 1.1441–6T(c)(1) published elsewhere in this issue of the Federal Register.] * * * * * (5) * * * (i) [The text of the proposed amendment to § 1.1441–6(c)(5)(i) is the same as the text of § 1.1441–6T(c)(5)(i) published elsewhere in this issue of the Federal Register.] * * * * * ■ Par. 5. Section 1.1441–7 is amended by adding paragraph (b)(10)(iv) to read as follows: § 1.1441–7 General provisions relating to withholding agents. * * * * * (b) * * * (10) * * * (iv) [The text of the proposed amendment to § 1.1441–7(b)(10)(iv) is the same as the text of § 1.1441– 7T(b)(10)(iv) published elsewhere in this issue of the Federal Register.] * * * * * [FR Doc. 2016–31589 Filed 12–30–16; 4:15 pm] BILLING CODE 4830–01–P PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 1647 DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Part 1 [NPS–WASO–REGS–17326; GPO Deposit Account 4311H2] RIN 1024–AE30 General Provisions; Electronic Cigarettes National Park Service; Interior. Proposed rule. AGENCY: ACTION: The National Park Service proposes to revise the regulation that defines smoking to include the use of electronic cigarettes and other electronic nicotine delivery systems. The National Park Service also proposes to allow a superintendent to close an area, building, structure, or facility to smoking when necessary to maintain public health and safety. DATES: Comments must be received by 11:59 p.m. EST on March 7, 2017. ADDRESSES: You may submit your comments, identified by Regulation Identifier Number (RIN) 1024–AE30, by any of the following methods: • Electronically: Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. • Hard copy: Mail or hand deliver to: A.J. North, Regulations Program, National Park Service, 1849 C Street NW., MS–2355, Washington, DC 20240. Instructions: All submissions received must include the agency name and RIN for this rulemaking. We will only accept comments as noted above. We will not accept comments via email, fax or by any other methods. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided. For additional information, see the Public Participation heading of the SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to read background documents or comments received, go to http:// www.regulations.gov. SUMMARY: Sara Newman, Director, Office of Public Health, by telephone 202–513–7225, or email sara_newman@nps.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background General Authority and Jurisdiction In the National Park Service Organic Act of 1916, Congress granted the National Park Service (NPS) broad E:\FR\FM\06JAP1.SGM 06JAP1 1648 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Proposed Rules sradovich on DSK3GMQ082PROD with PROPOSALS authority to regulate the use of areas under its jurisdiction to ‘‘conserve the scenery, natural and historic objects, and wild life in [National Park] System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.’’ 54 U.S.C. 100101. The Organic Act authorizes the Secretary of the Interior, acting through the 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. NPS Smoking Regulation and Policy The NPS protects park resources and visitors by regulating smoking within park areas. The regulation governing smoking (36 CFR 2.21) was last amended in 1983. This regulation allows the superintendent to designate a portion of a park area, or all or a portion of a building, structure, or facility as closed to smoking when necessary to protect park resources, reduce the risk of fire, or prevent conflicts among visitor use activities. The regulation prohibits smoking in an area or location so designated and within all caves and caverns. The existing definition of ‘‘smoking’’ in section 1.4 is limited to combustible sources such as a tobacco cigarette; it does not include the use of electronic cigarettes and other electronic nicotine delivery systems (ENDS). Since 2009, ENDS have emerged as an alternative means of nicotine delivery, one that does not require the burning of tobacco. Essentially, when a user ‘‘draws’’ on an ENDS, a liquid solution containing nicotine is heated and vaporized, and inhaled by the user. The user then exhales a vapor that mimics the exhalation from a lit tobacco cigarette. NPS policy with respect to tobacco smoking is found in Director’s Order #50D (Smoking Policy), originally issued in 2003, and then revised and reissued in 2009. The purpose of the Order—in conformity with Executive Order 13058 (Protecting Federal Employees and the Public From Exposure to Tobacco Smoke in the Federal Workplace)—is to ‘‘protect employees and park visitors from the health hazards and annoyances associated with’’ exposure to environmental tobacco smoke, commonly known as ‘‘second-hand’’ smoke, which is a known human carcinogen. The Director issued Policy Memorandum 15–03 (Use of Electronic Nicotine Delivery Systems) on September 10, 2015. This policy VerDate Sep<11>2014 17:49 Jan 05, 2017 Jkt 241001 establishes NPS guidance on the use of ENDS within all facilities and vehicles that are Government owned or leased, and within concessions facilities. The purpose of the Policy Memorandum is to afford all NPS employees and park visitors the same protections from exposure to nicotine and other harmful substances that may be found in ENDS vapor that are currently in place for tobacco smoke. Under this policy, use of ENDS is now treated as tobacco smoking and all provisions of Director’s Order #50D apply to ENDS use. With regard to concessions facilities, the Policy Memorandum requires that ENDS use be treated the same as smoking for purposes of NPS Management Policies (2006). Director’s Order #50D and Policy Memorandum 15–03 are available online on the NPS Office of Policy Web site at http://www.nps.gov/applications/ npspolicy/index.cfm by clicking on the drop-down menu and selecting ‘‘Smoking’’ from the list of policy subjects. Proposed Revision of NPS Regulations at 36 CFR 1.4 and 2.21 The NPS proposes to apply its smoking regulations at 36 CFR 2.21 to ENDS use the same way they currently apply to tobacco smoking. The basis for this regulatory change is stated below and in Policy Memorandum 15–03 and will make NPS regulations consistent with NPS policy on this subject. Non-smokers are exposed to nicotine and other potentially harmful components of ENDS vapor at higher than background levels when passively exposed to second hand vapor.1 The vapor exhaled from an ENDS also contains potentially harmful levels of particulate matter in addition to nicotine, as well as potentially toxic compounds such as carbonyls, metals, and organic volatile compounds.2 There has been increased attention in the scientific community to explore the level of potentially harmful constituents in ENDS vapor.3 Despite lower levels of nicotine than in second-hand smoke, exhaled ENDS aerosols result in similar nicotine uptake levels as measured by blood serum cotinine levels in 1 See ‘‘Cigarettes vs. e-cigarettes: Passive exposure at home measured by means of airborne marker and biomarkers’’ (http://www.sciencedirect.com/ science/article/pii/S0013935114003089). See ‘‘Secondhand Exposure to Vapors From Electronic Cigarettes’’ (https://www.ncbi.nlm.nih.gov/pmc/ articles/PMC4565991). 2 See http://apps.who.int/gb/fctc/PDF/cop6/ FCTC_COP6_10-en.pdf. 3 See http://www.fda.gov/NewsEvents/Newsroom/ PressAnnouncements/ucm499234.htm. PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 bystanders.4 In the case of particulate matter, epidemiological studies show adverse effects of particulate matter when only slightly elevated above background levels indicating that we should strive to achieve the lowest concentrations possible.5 The Division of Pharmaceutical Analysis of the Food and Drug Administration (FDA) analyzed the ingredients in a sample of cartridges from two leading brands of ENDS, and found the devices emitted (1) tobacco-specific nitrosamines (human carcinogens), and (2) diethylene glycol, a chemical used in antifreeze that is toxic to humans.6 Further research is required before it is known whether second hand exposure to ENDS vapor will result in negative health outcomes as with tobacco smoke.7 According to the World Health Organization (WHO), simply because ENDS exhaled aerosols contain lower levels of toxicants than tobacco smoke it does not mean second hand exposure is acceptable and special consideration is needed for sensitive populations like pregnant women, developing fetuses, and adolescents.8 The Surgeon General’s 2014 report The Health Consequences of Smoking50 Years of Progress (Report) documents the devastating health consequences of tobacco smoking and also calls for ‘‘rigorous surveillance’’ of ENDS in order to weigh their risks and potential benefits (e.g., their possible efficacy in reducing use of combustible tobacco products).9 (Page 761). The Report concludes that, in light of the links between tobacco product use and ill health, ‘‘all products containing tobacco and nicotine should be assumed to be both harmful and addictive.’’ (Page 780). In 2016, the Surgeon General issued a report entitled ‘‘E-Cigarette Use Among Youth and Young Adults.’’ 10 This Report emphasized that ENDS use among youth and young adults is a public health concern. The Report concluded that aerosol can contain harmful and potentially harmful constituents, including nicotine, which can cause addiction and harm the 4 See ‘‘Cigarettes vs. e-cigarettes: Passive exposure at home measured by means of airborne marker and biomarkers’’ (http://www.sciencedirect.com/ science/article/pii/S0013935114003089). 5 See http://apps.who.int/gb/fctc/PDF/cop6/ FCTC_COP6_10-en.pdf. 6 See http://www.fda.gov/downloads/drugs/ scienceresearch/ucm173250.pdf. 7 See http://www.fda.gov/NewsEvents/Newsroom/ PressAnnouncements/ucm499234.htm. 8 See http://www.fda.gov/NewsEvents/Newsroom/ PressAnnouncements/ucm499234.htm. 9 See http://www.surgeongeneral.gov/library/ reports/50-years-of-progress/. 10 See https://e-cigarettes.surgeongeneral.gov/ documents/2016_SGR_Full_Report_non-508.pdf. E:\FR\FM\06JAP1.SGM 06JAP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Proposed Rules developing adolescent brain. The Report stated that the use of products containing nicotine, including ENDS, poses dangers to youth, pregnant women, and fetuses. In a report released August 26, 2014, the WHO called for a ban on the indoor use of ENDS, especially in those spaces where smoking is banned.11 (See Item #41, page 11.) On May 5, 2016, the FDA finalized a rule (81 FR 28973) extending its authority to ENDS under the Family Smoking Prevention and Tobacco Control Act (Pub. L. 111–31; 123 Stat. 1776). The rule brings ENDS in line with regulations that have governed tobacco products since 2009. The rule prohibits the sale of ENDS to minors, requires ENDS to meet applicable product standards and receive marketing authorization from the FDA, requires the reporting of ingredients, and places health warnings on product packages and advertisements. The FDA expressed concerns about the increasing use of ENDS, especially among middle and high school students, and explained that the rule will ‘‘help protect Americans from the dangers of tobacco and nicotine.’’ 12 The FDA stated that nicotine is dangerous and highly addictive, even when it comes from ENDS use, and that research has clearly demonstrated that exposure to nicotine at a young age increases the chance that kids will become addicted. In addition to nicotine exposure, the FDA stated there are numerous other chemicals present in ENDS that can cause disease.13 The General Services Administration (GSA) has advised the managers of all GSA-occupied space—which includes space rented by GSA on behalf of NPS— that ENDS are subject to the same restrictions imposed on smoking tobacco products. The U.S. Fish and Wildlife Service’s (FWS) policy found at 242 FW 13 goes even further, and prohibits ‘‘vaping’’—another name for ENDS use—in all interior spaces of FWS facilities, whether Government owned or leased.14 In addition, vaping is also prohibited ‘‘in motor vehicles, heavy equipment, aircraft, and most watercraft’’ owned, leased, or controlled by the FWS. Similarly, on August 14, 2014, the U.S. Geological Survey (USGS) banned the use of ENDS ‘‘in all interior space, courtyards, atriums, 11 See http://apps.who.int/gb/fctc/PDF/cop6/ FCTC_COP6_10-en.pdf. 12 See http://www.fda.gov/NewsEvents/ Newsroom/PressAnnouncements/ucm499234.htm. 13 See http://www.fda.gov/TobaccoProducts/ NewsEvents/ucm499383.htm. 14 See http://www.fws.gov/policy/242fw13.html. VerDate Sep<11>2014 17:49 Jan 05, 2017 Jkt 241001 balconies and bus stops.’’ See, USGS Manual 370.792.3.15 In addition to public health risks from the inhalation of vapor, ENDS also pose a risk of explosion and fire. A 2014 Federal Emergency Management Agency (FEMA) report stated that fires or explosions caused by the failure of lithium-ion batteries in ENDS are rare, but possible.16 Between 2009 and August 2014, 25 incidents of explosion and fire involving e-cigarettes were reported in the U.S. Most of the incidents occurred while the battery was charging, but serious burn injuries were also reported from explosions when the device was in the user’s mouth. FEMA stated that the shape and construction of e-cigarettes can make them more likely than other products with lithium-ion batteries to behave like ‘‘flaming rockets’’ when a battery fails. FEMA concluded that the number of fires and explosions will likely increase as the number of lithium-ion batteries in use continues to grow. Acting out of an abundance of caution in light of the scientific findings and uncertainty to date, and in the interest of equity, the purpose of this proposed rule (similar to the purpose of Policy Memorandum 15–03) is to afford all NPS employees and park visitors the same protections from exposure to nicotine and other harmful substances that may be found in ENDS vapor that are currently in place for exposure to tobacco smoke. The proposed rule would add a new definition to 36 CFR 1.4 that defines ‘‘Electronic nicotine delivery system’’ as an electronic device, such as an electronic cigarette, that a person uses to simulate smoking by inhaling vapor from the device. The proposed rule would revise the definition of ‘‘Smoking’’ in 36 CFR 1.4 to include the direct inhalation of vapor from an electronic nicotine delivery system. The NPS also proposes to add a new basis for which a superintendent may close an area or building, structure, or facility to smoking in 36 CFR 2.21—when necessary to maintain public health and safety. This reflects the health risks associated with smoking tobacco products and using ENDS. An existing basis in the regulations for restricting tobacco smoking—to reduce the risk of fire—also would apply to the use of ENDS for the reasons explained above. After these changes are made, the smoking regulation at 2.21 would apply 15 See http://www.usgs.gov/usgs-manual/370-600/ 370-7923.html. 16 See https://www.usfa.fema.gov/downloads/pdf/ publications/electronic_cigarettes.pdf. PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 1649 to the smoking of tobacco and the use of ENDS, consistent with NPS policy. Compliance With Other Laws, Executive Orders, and Department Policy Regulatory Planning and Review (Executive Orders 12866 and 13563) 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 (RFA) This rule will not have a significant economic effect on a substantial number of small entities under the RFA (5 U.S.C. 601 et seq.). This certification is based on information contained in the economic analyses found in the report entitled ‘‘Benefit-Cost and Regulatory Flexibility Analyses: Proposed Regulation Revisions for Electronic Nicotine Delivery Systems’’ which is available online on the NPS Office of Policy Web site at http://www.nps.gov/ applications/npspolicy/index.cfm by clicking on the drop-down menu and selecting ‘‘E-cigarettes’’ from the list of policy subjects. Small Business Regulatory Enforcement Fairness Act (SBREFA) This rule is not a major rule under 5 U.S.C. 804(2), the SBREFA. 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 E:\FR\FM\06JAP1.SGM 06JAP1 1650 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Proposed Rules the ability of U.S.-based enterprises to compete with foreign-based enterprises. effect on federally recognized Indian tribes. Unfunded Mandates Reform Act (UMRA) 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. It addresses public use of national park lands, and imposes no requirements on other agencies or governments. A statement containing the information required by the UMRA (2 U.S.C. 1531 et seq.) is not required. Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.) 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, the rule does not have sufficient federalism implications to warrant the preparation of a Federalism summary impact statement. This proposed rule only affects use of NPS administered lands and waters. It has no outside effects on other areas. A Federalism summary impact statement is not required. Civil Justice Reform (Executive Order 12988) This rule complies with the requirements of Executive Order 12988. This rule: (a) 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 (b) Meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards. sradovich on DSK3GMQ082PROD with PROPOSALS Consultation With Indian tribes (Executive Order 13175 and Department Policy) 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 consultation policy and have determined that tribal consultation is not required because the rule will have no substantial direct VerDate Sep<11>2014 17:49 Jan 05, 2017 Jkt 241001 This rule does not contain information collection requirements, and a submission to the Office of Management and Budget under the Paperwork Reduction Act is not required. We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number. National Environmental Policy Act of 1969 (NEPA) This rule does not constitute a major Federal action significantly affecting the quality of the human environment. A detailed statement under the NEPA is not required because the rule is covered by a categorical exclusion. This rule is excluded from the requirement to prepare a detailed statement because it is a regulation of administrative, legal, and technical nature (43 CFR 46.210(i)). We have also determined that the rule does not involve any of the extraordinary circumstances listed in 43 CFR 46.215 that would require further analysis under NEPA. 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 in not required. Clarity of This Rule We are required by Executive Orders 12866 (section 1(b)(12)) and 12988 (section 3(b)(1)(B)) and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must: (a) Be logically organized; (b) Use the active voice to address readers directly; (c) Use clear language rather than jargon; (d) Be divided into short sections and sentences; and (e) Use lists and tables wherever possible. If you feel that we have not met these requirements, send us comments by one of the methods listed in the ADDRESSES section. To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that you find unclear, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc. PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 Drafting Information: The primary authors of this rule are Jay Calhoun and Russel J. Wilson, Division of Regulations, Jurisdiction, and Special Park Uses, and Michael M. Shelton, Program Analyst, Office of Policy, National Park Service, Washington, DC. Public Participation It is the policy of the Department of the Interior, whenever practicable, to afford the public an opportunity to participate in the rulemaking process. Accordingly, interested persons may submit written comments regarding this proposed rule by one of the methods listed in the ADDRESSES section. All comments must be received by midnight of the close of the comment period. We will not accept comments by fax, email or by any other methods. Bulk comments in any format (hard copy or electronic) submitted on behalf of others will not be accepted. Public Availability of Comments Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. List of Subjects in 36 CFR Part 1 National parks, Penalties, Reporting and recordkeeping requirements, Signs and symbols. In consideration of the foregoing, the National Park Service proposes to amend 36 CFR part 1 as set forth below: PART 1—GENERAL PROVISIONS 1. The authority citation for part 1 continues to read as follows: ■ Authority: 54 U.S.C. 100101, 100751, 320102. 2. In § 1.4 amend paragraph (a) by adding, in alphabetical order, the term ‘‘Electronic nicotine delivery system’’ and revising the term ‘‘Smoking’’ to read as follows: ■ § 1.4 What terms do I need to know? (a) * * * Electronic nicotine delivery system means an electronic device, such as an electronic cigarette, that a person uses to simulate smoking by inhaling vapor from the device. * * * * * Smoking means the carrying of lighted cigarettes, cigars or pipes; or the E:\FR\FM\06JAP1.SGM 06JAP1 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Proposed Rules intentional and direct inhalation of smoke from these objects; or the direct inhalation of vapor from an electronic nicotine delivery system. * * * * * ■ 3. In § 2.21, revise paragraph (a) to read as follows: § 2.21 Smoking (a) The superintendent may designate a portion of a park area, or all or a portion of a building, structure or facility as closed to smoking when necessary to maintain public health and safety, to protect park resources, reduce the risk of fire, or prevent conflicts among visitor use activities. Smoking in an area or location so designated is prohibited. * * * * * Dated: December 20, 2016. Michael Bean, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2016–31957 Filed 1–5–17; 8:45 am] BILLING CODE 4312–52–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 372 [EPA–HQ–TRI–2016–0390; FRL–9953–68] RIN 2070–AK16 Addition of Natural Gas Processing Facilities to the Toxics Release Inventory (TRI) Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: EPA is proposing to add natural gas processing (NGP) facilities (also known as natural gas liquid extraction facilities) to the scope of the industrial sectors covered by the reporting requirements of section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA), commonly known as the Toxics Release Inventory (TRI) and section 6607 of the Pollution Prevention Act (PPA). Adding these facilities would meaningfully increase the information available to the public on releases and other waste management of listed chemicals from the natural gas processing sector and further the purposes of EPCRA section 313. EPA estimates that at least 282 NGP facilities in the U.S. would meet the TRI employee threshold (10 full-time employees or equivalent) and manufacture, process, or otherwise use (threshold activities) at least one TRI- sradovich on DSK3GMQ082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:49 Jan 05, 2017 Jkt 241001 listed chemical in excess of applicable threshold quantities. NGP facilities in the U.S. manufacture, process, or otherwise use more than 21 different TRI-listed chemicals, including n-hexane, hydrogen sulfide, toluene, benzene, xylene, and methanol. EPA expects that TRI reporting by U.S. NGP facilities would provide significant release and waste management data on these chemicals to the public. DATES: Comments must be received on or before March 7, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– TRI–2016–0390, at http:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the Web, cloud, or other file sharing system). For additional submission methods (e.g., mail or hand delivery), the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/ commenting-epa-dockets. Docket: The docket contains supporting information used in developing the proposed rule, comments on the proposed rule, and additional supporting information. A public version of the docket is available for inspection and copying between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding federal holidays, at the U.S. Environmental Protection Agency, EPA Docket Center Reading Room, WJC West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20004. A reasonable fee may be charged for copying. FOR FURTHER INFORMATION CONTACT: For technical information contact: David Turk, Regulatory Development Branch, Office of Pollution Prevention and Toxics (7410M), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 202– 566–1527; email address: turk.david@ epa.gov, for specific information on this notice. For general information contact: The Emergency Planning and Community Right-to-Know Act (EPCRA) Hotline; PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 1651 telephone numbers: toll free at (800) 424–9346 (select menu option 3) or (703) 412–9810 in the Washington, DC Area and International; or toll free, TDD (800) 553–7672; or go to http:// www.epa.gov/superfund/contacts/ infocenter. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? Entities potentially regulated by this proposed action are those facilities that primarily engage in the recovery of liquid hydrocarbons from oil and gas field gases, including facilities that engage in sulfur recovery from natural gas, and which manufacture, process, or otherwise use chemicals listed at 40 CFR 372.65 and meet the reporting requirements of EPCRA section 313, 42 U.S.C. 11023, and PPA section 6607, 42 U.S.C. 13106. These facilities are categorized under Standard Industrial Classification (SIC) code 1321 and North American Industry Classification System (NAICS) code 211112. Note that the TRI regulations currently use the 2012 set of NAICS codes, as discussed further in Units II.D. and IV.C. B. What should I consider as I prepare my comments for EPA? 1. Submitting CBI. Do not submit this information to EPA through http:// www.regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for preparing your comments. When preparing and submitting comments, see the commenting tips at http://www.epa.gov/dockets/ comments.html. II. Introduction A. What is the statutory authority for this proposed rule? This action is taken under EPCRA sections 313(b) and 328, 42 U.S.C. 11023(b) and 11048. Specifically, EPCRA section 313(b)(1)(B), 42 U.S.C. 11023(b)(1)(B), states that the Agency may ‘‘add or E:\FR\FM\06JAP1.SGM 06JAP1

Agencies

[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Proposed Rules]
[Pages 1647-1651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31957]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 1

[NPS-WASO-REGS-17326; GPO Deposit Account 4311H2]
RIN 1024-AE30


General Provisions; Electronic Cigarettes

AGENCY: National Park Service; Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service proposes to revise the regulation 
that defines smoking to include the use of electronic cigarettes and 
other electronic nicotine delivery systems. The National Park Service 
also proposes to allow a superintendent to close an area, building, 
structure, or facility to smoking when necessary to maintain public 
health and safety.

DATES: Comments must be received by 11:59 p.m. EST on March 7, 2017.

ADDRESSES: You may submit your comments, identified by Regulation 
Identifier Number (RIN) 1024-AE30, by any of the following methods:
     Electronically: Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
     Hard copy: Mail or hand deliver to: A.J. North, 
Regulations Program, National Park Service, 1849 C Street NW., MS-2355, 
Washington, DC 20240.
    Instructions: All submissions received must include the agency name 
and RIN for this rulemaking. We will only accept comments as noted 
above. We will not accept comments via email, fax or by any other 
methods. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided. For 
additional information, see the Public Participation heading of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Sara Newman, Director, Office of 
Public Health, by telephone 202-513-7225, or email sara_newman@nps.gov.

SUPPLEMENTARY INFORMATION: 

Background

General Authority and Jurisdiction

    In the National Park Service Organic Act of 1916, Congress granted 
the National Park Service (NPS) broad

[[Page 1648]]

authority to regulate the use of areas under its jurisdiction to 
``conserve the scenery, natural and historic objects, and wild life in 
[National Park] System units and to provide for the enjoyment of the 
scenery, natural and historic objects, and wild life in such manner and 
by such means as will leave them unimpaired for the enjoyment of future 
generations.'' 54 U.S.C. 100101. The Organic Act authorizes the 
Secretary of the Interior, acting through the 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.

NPS Smoking Regulation and Policy

    The NPS protects park resources and visitors by regulating smoking 
within park areas. The regulation governing smoking (36 CFR 2.21) was 
last amended in 1983. This regulation allows the superintendent to 
designate a portion of a park area, or all or a portion of a building, 
structure, or facility as closed to smoking when necessary to protect 
park resources, reduce the risk of fire, or prevent conflicts among 
visitor use activities. The regulation prohibits smoking in an area or 
location so designated and within all caves and caverns. The existing 
definition of ``smoking'' in section 1.4 is limited to combustible 
sources such as a tobacco cigarette; it does not include the use of 
electronic cigarettes and other electronic nicotine delivery systems 
(ENDS). Since 2009, ENDS have emerged as an alternative means of 
nicotine delivery, one that does not require the burning of tobacco. 
Essentially, when a user ``draws'' on an ENDS, a liquid solution 
containing nicotine is heated and vaporized, and inhaled by the user. 
The user then exhales a vapor that mimics the exhalation from a lit 
tobacco cigarette.
    NPS policy with respect to tobacco smoking is found in Director's 
Order #50D (Smoking Policy), originally issued in 2003, and then 
revised and reissued in 2009. The purpose of the Order--in conformity 
with Executive Order 13058 (Protecting Federal Employees and the Public 
From Exposure to Tobacco Smoke in the Federal Workplace)--is to 
``protect employees and park visitors from the health hazards and 
annoyances associated with'' exposure to environmental tobacco smoke, 
commonly known as ``second-hand'' smoke, which is a known human 
carcinogen.
    The Director issued Policy Memorandum 15-03 (Use of Electronic 
Nicotine Delivery Systems) on September 10, 2015. This policy 
establishes NPS guidance on the use of ENDS within all facilities and 
vehicles that are Government owned or leased, and within concessions 
facilities. The purpose of the Policy Memorandum is to afford all NPS 
employees and park visitors the same protections from exposure to 
nicotine and other harmful substances that may be found in ENDS vapor 
that are currently in place for tobacco smoke. Under this policy, use 
of ENDS is now treated as tobacco smoking and all provisions of 
Director's Order #50D apply to ENDS use. With regard to concessions 
facilities, the Policy Memorandum requires that ENDS use be treated the 
same as smoking for purposes of NPS Management Policies (2006).
    Director's Order #50D and Policy Memorandum 15-03 are available 
online on the NPS Office of Policy Web site at http://www.nps.gov/applications/npspolicy/index.cfm by clicking on the drop-down menu and 
selecting ``Smoking'' from the list of policy subjects.

Proposed Revision of NPS Regulations at 36 CFR 1.4 and 2.21

    The NPS proposes to apply its smoking regulations at 36 CFR 2.21 to 
ENDS use the same way they currently apply to tobacco smoking. The 
basis for this regulatory change is stated below and in Policy 
Memorandum 15-03 and will make NPS regulations consistent with NPS 
policy on this subject.
    Non-smokers are exposed to nicotine and other potentially harmful 
components of ENDS vapor at higher than background levels when 
passively exposed to second hand vapor.\1\ The vapor exhaled from an 
ENDS also contains potentially harmful levels of particulate matter in 
addition to nicotine, as well as potentially toxic compounds such as 
carbonyls, metals, and organic volatile compounds.\2\ There has been 
increased attention in the scientific community to explore the level of 
potentially harmful constituents in ENDS vapor.\3\ Despite lower levels 
of nicotine than in second-hand smoke, exhaled ENDS aerosols result in 
similar nicotine uptake levels as measured by blood serum cotinine 
levels in bystanders.\4\ In the case of particulate matter, 
epidemiological studies show adverse effects of particulate matter when 
only slightly elevated above background levels indicating that we 
should strive to achieve the lowest concentrations possible.\5\ The 
Division of Pharmaceutical Analysis of the Food and Drug Administration 
(FDA) analyzed the ingredients in a sample of cartridges from two 
leading brands of ENDS, and found the devices emitted (1) tobacco-
specific nitrosamines (human carcinogens), and (2) diethylene glycol, a 
chemical used in antifreeze that is toxic to humans.\6\ Further 
research is required before it is known whether second hand exposure to 
ENDS vapor will result in negative health outcomes as with tobacco 
smoke.\7\ According to the World Health Organization (WHO), simply 
because ENDS exhaled aerosols contain lower levels of toxicants than 
tobacco smoke it does not mean second hand exposure is acceptable and 
special consideration is needed for sensitive populations like pregnant 
women, developing fetuses, and adolescents.\8\
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    \1\ See ``Cigarettes vs. e-cigarettes: Passive exposure at home 
measured by means of airborne marker and biomarkers'' (http://www.sciencedirect.com/science/article/pii/S0013935114003089). See 
``Secondhand Exposure to Vapors From Electronic Cigarettes'' 
(https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4565991).
    \2\ See http://apps.who.int/gb/fctc/PDF/cop6/FCTC_COP6_10-en.pdf.
    \3\ See http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm499234.htm.
    \4\ See ``Cigarettes vs. e-cigarettes: Passive exposure at home 
measured by means of airborne marker and biomarkers'' (http://www.sciencedirect.com/science/article/pii/S0013935114003089).
    \5\ See http://apps.who.int/gb/fctc/PDF/cop6/FCTC_COP6_10-en.pdf.
    \6\ See http://www.fda.gov/downloads/drugs/scienceresearch/ucm173250.pdf.
    \7\ See http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm499234.htm.
    \8\ See http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm499234.htm.
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    The Surgeon General's 2014 report The Health Consequences of 
Smoking- 50 Years of Progress (Report) documents the devastating health 
consequences of tobacco smoking and also calls for ``rigorous 
surveillance'' of ENDS in order to weigh their risks and potential 
benefits (e.g., their possible efficacy in reducing use of combustible 
tobacco products).\9\ (Page 761). The Report concludes that, in light 
of the links between tobacco product use and ill health, ``all products 
containing tobacco and nicotine should be assumed to be both harmful 
and addictive.'' (Page 780). In 2016, the Surgeon General issued a 
report entitled ``E-Cigarette Use Among Youth and Young Adults.'' \10\ 
This Report emphasized that ENDS use among youth and young adults is a 
public health concern. The Report concluded that aerosol can contain 
harmful and potentially harmful constituents, including nicotine, which 
can cause addiction and harm the

[[Page 1649]]

developing adolescent brain. The Report stated that the use of products 
containing nicotine, including ENDS, poses dangers to youth, pregnant 
women, and fetuses. In a report released August 26, 2014, the WHO 
called for a ban on the indoor use of ENDS, especially in those spaces 
where smoking is banned.\11\ (See Item #41, page 11.)
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    \9\ See http://www.surgeongeneral.gov/library/reports/50-years-of-progress/.
    \10\ See https://e-cigarettes.surgeongeneral.gov/documents/2016_SGR_Full_Report_non-508.pdf.
    \11\ See http://apps.who.int/gb/fctc/PDF/cop6/FCTC_COP6_10-en.pdf.
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    On May 5, 2016, the FDA finalized a rule (81 FR 28973) extending 
its authority to ENDS under the Family Smoking Prevention and Tobacco 
Control Act (Pub. L. 111-31; 123 Stat. 1776). The rule brings ENDS in 
line with regulations that have governed tobacco products since 2009. 
The rule prohibits the sale of ENDS to minors, requires ENDS to meet 
applicable product standards and receive marketing authorization from 
the FDA, requires the reporting of ingredients, and places health 
warnings on product packages and advertisements. The FDA expressed 
concerns about the increasing use of ENDS, especially among middle and 
high school students, and explained that the rule will ``help protect 
Americans from the dangers of tobacco and nicotine.'' \12\ The FDA 
stated that nicotine is dangerous and highly addictive, even when it 
comes from ENDS use, and that research has clearly demonstrated that 
exposure to nicotine at a young age increases the chance that kids will 
become addicted. In addition to nicotine exposure, the FDA stated there 
are numerous other chemicals present in ENDS that can cause 
disease.\13\
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    \12\ See http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm499234.htm.
    \13\ See http://www.fda.gov/TobaccoProducts/NewsEvents/ucm499383.htm.
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    The General Services Administration (GSA) has advised the managers 
of all GSA-occupied space--which includes space rented by GSA on behalf 
of NPS--that ENDS are subject to the same restrictions imposed on 
smoking tobacco products. The U.S. Fish and Wildlife Service's (FWS) 
policy found at 242 FW 13 goes even further, and prohibits ``vaping''--
another name for ENDS use--in all interior spaces of FWS facilities, 
whether Government owned or leased.\14\ In addition, vaping is also 
prohibited ``in motor vehicles, heavy equipment, aircraft, and most 
watercraft'' owned, leased, or controlled by the FWS. Similarly, on 
August 14, 2014, the U.S. Geological Survey (USGS) banned the use of 
ENDS ``in all interior space, courtyards, atriums, balconies and bus 
stops.'' See, USGS Manual 370.792.3.\15\
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    \14\ See http://www.fws.gov/policy/242fw13.html.
    \15\ See http://www.usgs.gov/usgs-manual/370-600/370-7923.html.
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    In addition to public health risks from the inhalation of vapor, 
ENDS also pose a risk of explosion and fire. A 2014 Federal Emergency 
Management Agency (FEMA) report stated that fires or explosions caused 
by the failure of lithium-ion batteries in ENDS are rare, but 
possible.\16\ Between 2009 and August 2014, 25 incidents of explosion 
and fire involving e-cigarettes were reported in the U.S. Most of the 
incidents occurred while the battery was charging, but serious burn 
injuries were also reported from explosions when the device was in the 
user's mouth. FEMA stated that the shape and construction of e-
cigarettes can make them more likely than other products with lithium-
ion batteries to behave like ``flaming rockets'' when a battery fails. 
FEMA concluded that the number of fires and explosions will likely 
increase as the number of lithium-ion batteries in use continues to 
grow.
---------------------------------------------------------------------------

    \16\ See https://www.usfa.fema.gov/downloads/pdf/publications/electronic_cigarettes.pdf.
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    Acting out of an abundance of caution in light of the scientific 
findings and uncertainty to date, and in the interest of equity, the 
purpose of this proposed rule (similar to the purpose of Policy 
Memorandum 15-03) is to afford all NPS employees and park visitors the 
same protections from exposure to nicotine and other harmful substances 
that may be found in ENDS vapor that are currently in place for 
exposure to tobacco smoke.
    The proposed rule would add a new definition to 36 CFR 1.4 that 
defines ``Electronic nicotine delivery system'' as an electronic 
device, such as an electronic cigarette, that a person uses to simulate 
smoking by inhaling vapor from the device. The proposed rule would 
revise the definition of ``Smoking'' in 36 CFR 1.4 to include the 
direct inhalation of vapor from an electronic nicotine delivery system. 
The NPS also proposes to add a new basis for which a superintendent may 
close an area or building, structure, or facility to smoking in 36 CFR 
2.21--when necessary to maintain public health and safety. This 
reflects the health risks associated with smoking tobacco products and 
using ENDS. An existing basis in the regulations for restricting 
tobacco smoking--to reduce the risk of fire--also would apply to the 
use of ENDS for the reasons explained above. After these changes are 
made, the smoking regulation at 2.21 would apply to the smoking of 
tobacco and the use of ENDS, consistent with NPS policy.

Compliance With Other Laws, Executive Orders, and Department Policy 
Regulatory Planning and Review (Executive Orders 12866 and 13563)

    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 (RFA)

    This rule will not have a significant economic effect on a 
substantial number of small entities under the RFA (5 U.S.C. 601 et 
seq.). This certification is based on information contained in the 
economic analyses found in the report entitled ``Benefit-Cost and 
Regulatory Flexibility Analyses: Proposed Regulation Revisions for 
Electronic Nicotine Delivery Systems'' which is available online on the 
NPS Office of Policy Web site at http://www.nps.gov/applications/npspolicy/index.cfm by clicking on the drop-down menu and selecting 
``E-cigarettes'' from the list of policy subjects.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the SBREFA. 
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

[[Page 1650]]

the ability of U.S.-based enterprises to compete with foreign-based 
enterprises.

Unfunded Mandates Reform Act (UMRA)

    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. It addresses public 
use of national park lands, and imposes no requirements on other 
agencies or governments. A statement containing the information 
required by the UMRA (2 U.S.C. 1531 et seq.) is 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, the rule 
does not have sufficient federalism implications to warrant the 
preparation of a Federalism summary impact statement. This proposed 
rule only affects use of NPS administered lands and waters. It has no 
outside effects on other areas. A Federalism summary impact statement 
is not required.

Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. 
This rule:
    (a) 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
    (b) 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 (Executive Order 13175 and Department 
Policy)

    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 consultation policy and have determined that tribal 
consultation is not required because the rule will have no substantial 
direct effect on federally recognized Indian tribes.

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

    This rule does not contain information collection requirements, and 
a submission to the Office of Management and Budget under the Paperwork 
Reduction Act is not required. We may not conduct or sponsor and you 
are not required to respond to a collection of information unless it 
displays a currently valid OMB control number.

National Environmental Policy Act of 1969 (NEPA)

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the NEPA is not required because the rule is covered by a 
categorical exclusion. This rule is excluded from the requirement to 
prepare a detailed statement because it is a regulation of 
administrative, legal, and technical nature (43 CFR 46.210(i)). We have 
also determined that the rule does not involve any of the extraordinary 
circumstances listed in 43 CFR 46.215 that would require further 
analysis under NEPA.

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 in not 
required.

Clarity of This Rule

    We are required by Executive Orders 12866 (section 1(b)(12)) and 
12988 (section 3(b)(1)(B)) and by the Presidential Memorandum of June 
1, 1998, to write all rules in plain language. This means that each 
rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that you find unclear, which sections or sentences are 
too long, the sections where you feel lists or tables would be useful, 
etc.
    Drafting Information: The primary authors of this rule are Jay 
Calhoun and Russel J. Wilson, Division of Regulations, Jurisdiction, 
and Special Park Uses, and Michael M. Shelton, Program Analyst, Office 
of Policy, National Park Service, Washington, DC.

Public Participation

    It is the policy of the Department of the Interior, whenever 
practicable, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons may submit written 
comments regarding this proposed rule by one of the methods listed in 
the ADDRESSES section. All comments must be received by midnight of the 
close of the comment period. We will not accept comments by fax, email 
or by any other methods. Bulk comments in any format (hard copy or 
electronic) submitted on behalf of others will not be accepted.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

List of Subjects in 36 CFR Part 1

    National parks, Penalties, Reporting and recordkeeping 
requirements, Signs and symbols.

    In consideration of the foregoing, the National Park Service 
proposes to amend 36 CFR part 1 as set forth below:

PART 1--GENERAL PROVISIONS

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

    Authority:  54 U.S.C. 100101, 100751, 320102.

0
2. In Sec.  1.4 amend paragraph (a) by adding, in alphabetical order, 
the term ``Electronic nicotine delivery system'' and revising the term 
``Smoking'' to read as follows:


Sec.  1.4  What terms do I need to know?

    (a) * * *
    Electronic nicotine delivery system means an electronic device, 
such as an electronic cigarette, that a person uses to simulate smoking 
by inhaling vapor from the device.
* * * * *
    Smoking means the carrying of lighted cigarettes, cigars or pipes; 
or the

[[Page 1651]]

intentional and direct inhalation of smoke from these objects; or the 
direct inhalation of vapor from an electronic nicotine delivery system.
* * * * *
0
3. In Sec.  2.21, revise paragraph (a) to read as follows:


Sec.  2.21  Smoking

    (a) The superintendent may designate a portion of a park area, or 
all or a portion of a building, structure or facility as closed to 
smoking when necessary to maintain public health and safety, to protect 
park resources, reduce the risk of fire, or prevent conflicts among 
visitor use activities. Smoking in an area or location so designated is 
prohibited.
* * * * *

    Dated: December 20, 2016.
Michael Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2016-31957 Filed 1-5-17; 8:45 am]
 BILLING CODE 4312-52-P