[Federal Register Volume 60, Number 213 (Friday, November 3, 1995)]
[Rules and Regulations]
[Pages 55789-55791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27148]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Chapter I and Parts 1, 7, 9, 14, 20 and 64

RIN 1024-AC37


General Provisions, Definitions: Change in Organizational Title 
From Regional Director to Field Director

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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

SUMMARY: The National Park Service (NPS) is amending the General 
Provisions Definition of ``Regional Director'' to reflect a new 
organizational structure. With the recent reorganization of the NPS 
eliminating existing geographic regions (effective May 15, 1995), the 
term Regional Director is no longer an agency job position. The duties 
and responsibilities of these positions have been assumed by Field 
Directors. This amendment to the definition will replace the term 
Regional Director with Field Director wherever it appears in 36 CFR 
parts 1-199, as well as eliminate all reference to the former 
geographic regions.
    This change is necessary because the terms Region and Regional 
Director are no longer recognized in the NPS reorganizational 
structure. Certain responsibilities and delegations of authority 
associated with the former Regional Directors are now assumed by the 
positions identified by the term Field Director. Publication of this 
change is also a requirement of the Federal Register Act (44 U.S.C. 
Chapter 15).

EFFECTIVE DATE: This rule is effective November 3, 1995.

ADDRESSES: Comments should be addressed to: Dennis Burnett, National 
Park Service, Ranger Activities Division, P.O. Box 37127, Washington, 
D.C. 20013-7127.

FOR FURTHER INFORMATION CONTACT: Dennis Burnett, Ranger Activities 
Division, at the above address. Telephone (202) 208-4874.

SUPPLEMENTARY INFORMATION:

Background

    The National Park System of the United States comprises 368 areas 
covering over 80 million acres in 49 States, the District of Columbia, 
American Samoa, Guam, Puerto Rico, Saipan and the Virgin Islands. These 
areas of national significance justify special recognition and 
protection in accordance with various acts of Congress.
    In an Act signed on August 25, 1916, Congress established in the 
Department of the Interior the National Park Service to provide 
cohesive administration of those federal parklands under the Department 
of the Interior's jurisdiction. This new agency assumed the 
responsibility for the management of 29 park units that had previously 
been designated by Congress. An Executive Order in 1933 transferred 63 
national monuments and military sites from the Forest Service and the 
War Department to the NPS. With this rapid increase in the number of 
units entering the system, the NPS determined that an expanded 
management system was necessary to properly administer the parks.
    In August of 1937, the NPS initiated the geographical concept of 
Regional Offices administered by Regional Directors by establishing 
four (4) Regional Offices: Region One in Richmond, VA; Region Two in 
Omaha, NE; Region Three in Santa Fe, NM; and Region Four in San 
Francisco. These four original regional offices provided assistance in 
the management and administration of the parks in their regions from 
1937 until 1955 when Region Five was established in Philadelphia, PA. 
National Capital Parks became Region Six on January 22, 1962. Also in 
1962, Region One was renamed Southeast Region and on January 9, 1972, 
the headquarters moved from Richmond to Atlanta, GA. A seventh regional 
office, Northwest Region, was added on December 30, 1969, in Seattle, 
WA. Region Eight, North Atlantic Region, was established on January 6, 
1974, in Boston, MA. Region Nine, Rocky Mountain Region, was 
established on November 30, 1973, in Denver, CO. The tenth and final 
region, 

[[Page 55790]]
Alaska Region, was added on December 2, 1980, in Anchorage, AK.
    As a result of: (1) The NPS's own assessment of a need to change 
how it accomplished its essential work with increasing constraints; (2) 
the National Performance Review (NPR) which directed Federal agencies 
to cut red tape, put customers first, empower employees to get results 
and reduce layers in organizations; and (3) The Federal Workforce 
Restructuring Act of 1994 (P.L. 103-226), a government-wide workforce 
reduction, the NPS implemented a Servicewide restructuring of the 
organization. The reorganization effort drastically reduces central 
office staffs. The 10 NPS Regional Directors have been replaced by 7 
Field Directors, who provide direction, oversight, budget formulation 
and assistance in media relations for the parks and support offices in 
their geographical field areas. With the change and revision of the 
regional concept, all national park units are now grouped into clusters 
to act collaboratively in sharing limited resources. A network of 16 
system support offices provide services and support to the parks by 
cluster.
    The President of the United States, through the Secretary of the 
Interior and the Director of the NPS allowed the Regional Directors of 
the ten Regional Offices certain delegated authorities in the 
management of the park units. 36 CFR Parts 1-199 contains many of these 
authorities. Because the term Regional Director is codified in the CFR, 
the definition of Regional Director must be replaced to reflect the new 
authorities now found in Field Directors as a result of the 
reorganization. Many of these authorities have the enforcement powers 
of law.
    The NPS is adopting this final rule pursuant to the ``agency 
organization'' exception of the Administrative Procedure Act (5 U.S.C. 
553(b)(A)) from general notice and comment rulemaking. The NPS believes 
that this exception from rulemaking procedures is warranted because it 
is merely a change in agency organizational structure. The NPS finds 
that notice and comment are unnecessary and contrary to the public 
interest for this final rule.
    The NPS has also determined, in accordance with the Administrative 
Procedure Act (5 U.S.C. 553(d)(3)), that the publishing of this final 
rule 30 days prior to the rule becoming effective would be 
counterproductive and unnecessary for the reasons discussed above. A 
30-day delay would be contrary to the public interest and the interest 
of the agency. Therefore, under the ``good cause'' exception of the 
Administrative Procedure Act (5 U.S.C. 553(d)(3)), it has been 
determined that this rulemaking is excepted from the 30-day delay in 
the effective date and shall therefore become effective on the date 
published in the Federal Register.

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 rule to the address noted at the beginning of 
this rulemaking.

    Drafting Information. The primary author of this rule is Dennis 
Burnett of the Washington Office of Ranger Activities.

Paperwork Reduction Act

    This rulemaking does not contain information collection 
requirements that require approval by the Office of Management and 
Budget under 44 U.S.C. 3501 et seq.

Compliance With Other Laws

    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866. The Department of the Interior determined 
that this document will not have a significant economic effect on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq). The economic effects of this rulemaking are 
negligible.
    The NPS has determined that this proposed rulemaking will not have 
a significant effect on the quality of the human environment, health 
and safety because it is not expected to:
    (a) Increase public use to the extent of compromising the nature 
and character of the area or causing physical damage to it;
    (b) introduce incompatible uses which compromise the nature and 
characteristics of the area or cause physical damage to it;
    (c) conflict with adjacent ownership or land uses; or
    (d) cause a nuisance to adjacent owners or occupants.
    Based on this determination, the regulation is categorically 
excluded from the procedural requirements of the National Environmental 
Policy Act (NEPA) and by Departmental guidelines in 516 DM 6 (49 FR 
21438). As such, neither an Environmental Assessment nor an 
Environmental Impact Statement has been prepared.

List of Subjects

36 CFR Part 1

    National parks, Reporting and recordkeeping requirements.

36 CFR Part 7

    National parks, Reporting and recordkeeping requirements.

36 CFR Part 9

    Environmental protection, Mines, National parks, Oil and gas 
exploration, Public lands--mineral resources, Public lands--rights-of-
way.

36 CFR Part 14

    Electric power, Highways and roads, National parks, Public lands--
rights-of-way.

36 CFR Part 20

    Isle Royale National Park, Commercial fishing.

36 CFR Part 64

    Grants and allocations for recreations and conservation use of 
abandoned railroad--rights-of-way.

    In consideration of the foregoing, and under the authority at 18 
U.S.C. 1 and 3, 36 CFR Chapter I is amended as follows:
    1. 36 CFR Chapter I is amended by removing the term ``Regional 
Director'' and inserting the term ``Field Director'' in it place each 
time it appears.

PART 1--GENERAL PROVISIONS

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

    Authority: 16 U.S.C. 1, 3, 9a, 460 l-6a(e), 462(k); D.C. Code 8-
137, 40-721 (1981).

    3. Section 1.4 is amended in paragraph (a) by removing the 
definition of ``Regional Director'' and adding a new definition of 
``Field Director'', in alphabetical order, to read as follows:


Sec. 1.4  Definitions.

* * * * *
    (a) * * *
    Field Director means the official in charge of a geographic area of 
the National Park Service.
* * * * *

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

    4. The authority citation for part 7 continues to read as follows:

    Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also 
issued under D.C. Code 80-137 (1981) and D.C. Code 40-721 (1981).

    5. The Alphabetical listing of the national park units in part 7 is 
amended in the entry for Sec. 7.96 by removing the words ``Region 
Parks'' and adding the word ``Area'' in its place. 

[[Page 55791]]



Sec. 7.3  [Amended]

    6. Section 7.3(b)(6) is amended by removing the words ``Midwest 
Region,'' in the first sentence.


Sec. 7.16  [Amended]

    7. Section 7.16(h)(5) is amended by removing the words ``Region 
Four'' in the first sentence, and;
    8. Section 7.16(j)(4) is amended by removing the words ``Western 
Region,'' in the second sentence.


Sec. 7.22  [Amended]

    9. Section 7.22(c)(10) is amended by removing the words ``Region 
Two'' in the first sentence.


Sec. 7.63  [Amended]

    10. Section 7.63(b)(10) is amended by removing the words ``Region 
Two'' in the first sentence.


Sec. 7.96  [Amended]

    11. Section 7.96 is amended by changing the word ``Region'' in the 
section heading to ``Area'' and removing the word ``parks'', and;
    12. Section 7.96(a) is amended by changing the word ``Region'' to 
``Area'' in the first sentence, and;
    13. Section 7.96(g)(1)(iii) is amended by changing the word 
``Region'' to ``Area'' in the first sentence, and;
    14. Section 7.96(g)(1)(viii) is amended by changing the word 
``Region'' to ``Area'' in the first sentence, and;
    15. Section 7.96(g)(1)(ix) is amended by changing the word 
``Region'' to ``Area'' in the first sentence, and;
    16. Section 7.96(g)(3) introductory text is amended by changing the 
word ``Region'' to ``Area'' in the first sentence, and;
    17. Section 7.96(g)(5)(vi)(A) is amended by changing the word 
``Region'' to ``Area'' in the first sentence, and;
    18. Section 7.96(g)(5)(vi)(D) is amended by changing the word 
``Region'' to ``Area'' and removing the word ``areas'' in the first 
sentence, and;
    19. Section 7.96(g)(5)(xiv) is amended by changing the word 
``Region'' to ``Area'' in the first sentence.

PART 9--MINERALS MANAGEMENT

    20. The authority citation for part 9 continues to read as follows:

    Authority: Mining Law of 1872 (R.S. 2319; 30 U.S.C. 21 et seq.); 
Act of August 25, 1916 (39 Stat. 535, as amended (16 U.S.C. 1 et 
seq.); Act of September 28, 1976; 90 Stat. 1342 (16 U.S.C. 1901 et 
seq.).


Sec. 9.2  [Amended]

    21. Section 9.2(l) is amended by changing the word ``region'' to 
``area'' in the first sentence, and;


Sec. 9.31  [Amended]

    22. Section 9.31(j) is amended by changing the word ``region'' to 
``area'' in the first sentence, and;


Sec. 9.82  [Amended]

    23. Section 9.82(d) is amended by changing the word ``Regional'' to 
``Area'' in the first sentence.

PART 14--RIGHTS-OF-WAY

    24. The authority citation for part 14 continues to read as 
follows:

    Authority: 16 U.S.C. 5, 79; 23 U.S.C. 317.


Sec. 14.2  [Amended]

    25. Section 14.2 is amended by removing paragraph (c) and 
redesignating paragraphs (d) through (i) as paragraphs (c) through (h).

PART 20--ISLE ROYALE NATIONAL PARK; COMMERCIAL FISHING

    26. The authority citation for Part 20 continues to read as 
follows:

    Authority: Secs. 1-3, 39 Stat. 535, as amended, sec. 3,56 Stat. 
133, secs 1, 2, 67 Stat. 495; 16 U.S.C. 1, 1b, 1c 2, 3, 408(k).


Sec. 20.1  [Amended]

    27. Section 20.1(c) is amended by replacing the words ``Region 
Two'' with the words ``of the area'' and adding the words ``where the 
unit is located'' after ``National Park Service'', in the first 
sentence.

PART 64--GRANTS AND ALLOCATIONS FOR RECREATION AND CONSERVATION USE 
OF ABANDONED RAILROAD RIGHTS-OF-WAY

    28. The authority citation for Part 64 continues to read as 
follows:

    Authority: Sec. 809(B) (2) and (3), 90 Stat. 145, Pub. L. 94-
210; Sec. 2 of Reorganization Plan No. 3 of 1950 (34 Stat. 1262).


Sec. 64.7  [Amended]

    29. Section 64.7(c) is amended by removing the words ``Bureau of 
Outdoor Recreation'' in the first sentence.

    Dated: September 12, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-27148 Filed 11-2-95; 8:45 am]
BILLING CODE 4310-70-P