[Federal Register Volume 62, Number 106 (Tuesday, June 3, 1997)]
[Rules and Regulations]
[Pages 30232-30235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14410]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Chapter I and Parts 1, 7, 8, 9, 11, 13, 17, 18, 20, 21, 28, 
51, 65, 67, 73 and 78

RIN 1024-AC60


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

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: The National Park Service (NPS) is amending the terms ``Field 
Director'' and ``Field Area'' that came about as a result of a new 
organizational structure. In 1995, the National Park

[[Page 30233]]

Service (NPS) implemented a restructuring plan which called for the use 
of a number of new organizational titles and terminology. As a result 
of this reorganization, the terms ``Region'' and ``Regional Director'' 
were changed to ``Field Area'' and ``Field Director'' (60 FR 55789). 
These new terms have proven confusing to the public and other 
governmental agencies. Because of this, the NPS is reverting back to 
the historic terms of Region and Regional Director wherever they appear 
in 36 CFR Parts 1-199.
    In addition, this final rule will also eliminate several 
definitions that appear in more than one location in the Chapter. 
Removing duplicate definitions will eliminate unnecessary verbiage and 
is in line with the National Performance Review recommendations for 
reinventing government.

EFFECTIVE DATE: This rule is effective upon the date of publication in 
the Federal Register.

FOR FURTHER INFORMATION CONTACT: Dennis Burnett, Ranger Activities 
Division, National Park Service, at (202) 208-4874.

SUPPLEMENTARY INFORMATION:

Background

    The National Park System of the United States comprises 374 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 August 25, 1916, Congress established the National Park Service 
within the Department of the Interior to provide cohesive 
administration of those Federal parklands under the Department of the 
Interior's jurisdiction. In August of 1937, the NPS initiated the 
geographical concept of Regional Offices administered by Regional 
Directors. This concept eventually led to the establishment of ten 
Regional Offices by 1980.
    As a result of: (1) The NPS' 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 (Pub. L. 103-226), a government-wide 
workforce reduction, the NPS implemented a Service wide restructuring 
of the organization. As a result of this restructuring, the NPS changed 
the terms ``Region'' and ``Regional Director'' to ``Field Area'' and 
``Field Director.''
    Use of the terms ``Field Area'' and ``Field Director'' was not 
common among NPS staff nor the public and inhibited easy communication. 
For many years, the NPS used the term ``field area'' to refer to local 
operating units and this usage is also common among other Federal and 
State agencies. While the concept of a Region and Regional Director is 
fairly well understood by the public, a Field Area and Field Director 
is either confusing or has no meaning at all. Because of this 
confusion, the NPS is reverting back to the terms ``Region'' and 
``Regional Director.''
    In keeping with the National Performance Review recommendations for 
reinventing government, the NPS is also removing several definitions 
that appear in more than one location of Title 36. The definitions of 
Secretary, Director and Superintendent appear in several Parts of Title 
36. The removal of these duplicate definitions will reduce unnecessary 
verbiage from the Chapter.

Administrative Procedure Act

    The NPS is adopting this final rule pursuant to the ``agency 
organization'' exception of the Administrative Procedure Act (5 U.S.C. 
553(b)(3)(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, from 
Field Director and Field Area to Regional Director and Region, as well 
as the elimination of numerous duplicate definitions. The NPS finds 
that notice and comment are unnecessary and contrary to the public 
interest for this 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)), the NPS has 
determined that this rulemaking is excepted from the 30-day delay in 
the effective date and therefore becomes effective on the date 
published in the Federal Register.
    Drafting Information: The primary author of this rule is Dennis 
Burnett, Ranger Activities Division, National Park Service, Washington, 
D.C. 20013.

Paperwork Reduction Act

    This rulemaking does not contain collections of information 
requiring approval by the Office of Management and Budget under the 
Paperwork Reduction Act of 1995.

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.
    NPS has determined and certifies pursuant to the Unfunded Mandates 
Reform Act, 2 U.S.C. 1502 et seq., that this rule will not impose a 
cost of $100 million or more in any given year on local, State or 
tribal governments or private entities.
    The NPS has determined that this 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, this rulemaking 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, Penalties, Reporting and Recordkeeping 
requirements, Signs and symbols.

36 CFR Part 7

    District of Columbia, National parks, Reporting and recordkeeping 
requirements.

36 CFR Part 8

    Concessions, Labor, National parks, Reporting and recordkeeping 
requirements.

[[Page 30234]]

36 CFR Part 9

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

36 CFR Part 11

    National parks, Signs and symbols.

36 CFR Part 13

    Alaska, National parks, Reporting and recordkeeping requirements.

36 CFR Part 17

    National parks.

36 CFR Part 18

    Historic preservation, National parks.

36 CFR Part 20

    Isle Royale National Park; Commercial fishing.

36 CFR Part 21

    National parks.

36 CFR Part 28

    National parks, Seashores, Zoning.

36 CFR Part 51

    Concessions, Government contracts, National parks.

36 CFR Part 65

    Historic preservation.

36 CFR Part 67

    Administrative practice and procedure, Historic preservation, 
Income taxes.

36 CFR Part 73

    National parks, World heritage convention.

36 CFR Part 78

    Historic preservation.

    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 ``Field 
Director'' and inserting the term ``Regional Director'' in its 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).


Sec. 1.4  [Amended]

    3. Section 1.4 is amended in paragraph (a) by revising the word 
``Field'' in the heading of the definition for ``Field Director'' to 
read ``Regional'' and placing the definition in the appropriate 
alphabetical order.

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 national parks following the 
authority citation for Part 7 is amended in the entry for ``National 
Capital Area, D.C. area'' by revising the word ``Area'' to read 
``Region''.


Sec. 7.96  [Amended]

    6. Section 7.96 is amended by revising the word ``Area'' in the 
section heading to read ``Region''.
    7. Section 7.96(a) is amended by revising the word ``Area'' to read 
``Region''.
    8. Section 7.96(g)(1)(iii) is amended by revising the word ``Area'' 
to read ``Region''.
    9. Section 7.96(g)(1)(viii) is amended by revising the word 
``Area'' to read ``Region''.
    10. Section 7.96(g)(1)(ix) is amended by revising the word ``Area'' 
to read ``Region''.
    11. Section 7.96(g)(3) introductory text is amended by revising the 
word ``Area'' to read ``Region'' in the first sentence.
    12. Section 7.96(g)(5)(vi)(A) is amended by revising the word 
``Area'' to read ``Region''.
    13. Section 7.96(g)(5)(vi)(D) is amended by revising the word 
``Area'' to read ``Region''.
    14. Section 7.96(g)(5)(xiv) is amended by revising the word 
``Area'' to read ``Region'' in the first sentence.

PART 8--LABOR STANDARDS APPLICABLE TO EMPLOYEES OF NATIONAL PARK 
SERVICE CONCESSIONERS

    15. The authority citation for Part 8 continues to read as follows:

    Authority: 16 U.S.C. 1, 3, 9a, 462(k).


Sec. 8.1  [Amended]

    16.-18. Section 8.1 is amended by removing paragraphs (a) through 
(c) and redesignating paragraphs (d) through (h) as paragraphs (a) 
through (e), respectively.

PART 9--MINERALS MANAGEMENT

    19. 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]

    20. Section 9.2 is amended by removing paragraph (l) and 
redesignating paragraphs (m) through (o) as paragraphs (l) through (n), 
respectively.
    21. Section 9.31 is amended by removing paragraph (j) and 
redesignating paragraphs (k) through (p) as paragraphs (j) through (o), 
respectively.
    22. Section 9.82 is amended by removing paragraph (d) and 
redesignating paragraph (e) as paragraph (d).

PART 11--ARROWHEAD AND PARKSCAPE SYMBOLS

    23. The authority citation for Part 11 continues to read as 
follows:

    Authority: Sec. 3, 39 Stat. 535; 16 U.S.C. 3.


Sec. 11.1  [Amended]

    24. Section 11.1 is amended by removing paragraph (b) and 
redesignating paragraphs (c) and (d) as paragraphs (b) and (c), 
respectively.

PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA

    25. The authority citation for Part 13 continues to read as 
follows:

    Authority: 16 U.S.C. 1, 3, 462(k), 3101 et seq.; Sec. 13.65 also 
issued under 16 U.S.C. 1a-2(h), 20, 1361, 1531, 3197.


Sec. 13.1  [Amended]

    26. Section 13.1 is amended by removing paragraph (r) and 
redesignating paragraphs (s) through (w) as paragraphs (r) through (v), 
respectively.

PART 17--CONVEYANCE OF FREEHOLD AND LEASEHOLD INTERESTS ON LANDS OF 
THE NATIONAL PARK SYSTEM

    27. The authority citation for Part 17 continues to read as 
follows:

    Authority: Sec. 5(a), of the Act of July 15, 1968, 82 Stat. 354, 
16 U.S.C. 460l-11(a).


Sec. 17.2  [Amended]

    28. Section 17.2 is amended by removing paragraph (a) and 
redesignating paragraphs (b) through (i) as paragraphs (a) through (h), 
respectively.

PART 18--LEASES AND EXCHANGES OF HISTORIC PROPERTY

    29. The authority citation for Part 18 continues to read as 
follows:

    Authority: Sec. 207. Pub. L. 96-515, 94 Stat. 2997 (16 U.S.C. 
470h-3).

[[Page 30235]]

Sec. 18.2  [Amended]

    30. Section 18.2 is amended by removing paragraph (c) and 
redesignating paragraphs (d) through (n) as paragraphs (c) through (m), 
respectively.

PART 20--ISLE ROYALE NATIONAL PARK; COMMERCIAL FISHING

    31. 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]

    32.-34. Section 20.1 is amended by removing paragraphs (a) through 
(c) and redesignating paragraphs (d) and (e) as paragraphs (a) and (b), 
respectively.

PART 21--HOT SPRINGS NATIONAL PARK; BATHHOUSE REGULATIONS

    35. The authority citation for Part 21 continues to read as 
follows:

    Authority: Sec. 3, Act of August 25, 1916, 39 Stat. 535, as 
amended (16 U.S.C. 3); sec. 3, Act of March 3, 1891, 26 Stat. 842, 
as amended (16 U.S.C. 363).


Sec. 21.1  [Amended]

    36. Section 21.1 is amended by removing paragraph (a) and 
redesignating paragraphs (b) through (e) as paragraphs (a) through (d), 
respectively.

PART 28--FIRE ISLAND NATIONAL SEASHORE: ZONING STANDARDS

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

    Authority: 16 U.S.C. 1, 3, 459e-2.


Sec. 28.2  [Amended]

    38. Section 28.2 is amended by removing paragraph (m) and 
redesignating paragraphs (n) and (o) as paragraphs (m) and (n), 
respectively.

PART 51--CONCESSION CONTRACTS AND PERMITS

    39. The authority citation for Part 51 continues to read as 
follows:

    Authority: The Act of August 25, 1916, as amended and 
supplemented, 16 U.S.C. 1 et seq., particularly the Concessions 
Policy Act of 1965, 16 U.S.C. 20 et seq., and 16 U.S.C. 3.


Sec. 51.3  [Removed]

    40. Section 51.3(d) is removed.

PART 65--NATIONAL HISTORIC LANDMARKS PROGRAM

    41. The authority citation for Part 65 continues to read as 
follows:

    Authority: 16 U.S.C. 461 et seq.; 16 U.S.C. 470 et seq.


Sec. 65.3  [Amended]

    42.-43. Section 65.3 is amended by removing paragraphs (d) and (o) 
and redesignating paragraphs (e) through (r) as paragraphs (d) through 
(p), respectively.

PART 67--HISTORIC PRESERVATION CERTIFICATION S PURSUANT TO SEC. 
48(g) AND SEC. 170(h) OF THE INTERNAL REVENUE CODE OF 1986

    44. The authority citation for Part 67 continues to read as 
follows:

    Authority: Sec. 101(a)(1) of the National Historic Preservation 
Act of 1966, 16 U.S.C. 470a-1(a)(170 ed.), as amended; Sec 48(g) of 
the Internal Revenue Code of 1986 (90 Stat. 1519, as amended by 100 
Stat. 2085) 26 U.S.C. 48(g); and Sec. 170(h) of the Internal Revenue 
Code of 1986 (94 Stat. 3204) 26 U.S.C. 170(h).


Sec. 67.2  [Amended]

    45. Section 67.2, the definition for ``Secretary'' is removed.

PART 73--WORLD HERITAGE CONVENTION

    46. The authority citation for Part 73 continues to read as 
follows:

    Authority: 94 Stat. 3000; 16 U.S.C. 470a-1, a-2, d.


Sec. 73.3  [Amended]

    47. Section 73.3, the definitions for ``Secretary'' and 
``Director'' are removed.

PART 78--WAIVER OF FEDERAL AGENCY RESPONSIBILITIES UNDER SECTION 
110 OF THE NATIONAL HISTORIC PRESERVATION ACT

    48. The authority citation for Part 78 continues to read as 
follows:

    Authority: National Historic Preservation Act of 1966, as 
amended, 16 U.S.C. 470 et seq.


Sec. 78.2  [Amended]

    49. Section 78.2, the definition for ``Secretary'' is removed.

    Dated: May 16, 1997.
Don Barry,
Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 97-14410 Filed 6-2-97; 8:45 am]
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