[Federal Register Volume 62, Number 114 (Friday, June 13, 1997)] [Rules and Regulations] [Pages 32201-32203] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-15551] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Part 7 RIN 1024-AC61 National Capital Region Parks, Special Regulations AGENCY: National Park Service, Interior. ACTION: Final Rule and policy statement. ----------------------------------------------------------------------- SUMMARY: The National Park Service (NPS) is revising existing regulations to effect two needed but unrelated changes to NPS regulations found at 36 CFR 7.96. One change deletes reference to the John F. Kennedy Center for the Performing Arts. The need for this [[Page 32202]] revision arose from Public Law 103-279 which removed the Kennedy Center from NPS jurisdiction. The other change revises existing regulations, currently found at 36 CFR 7.96(k)(2)(v) and (vi), governing the distribution of literature within two park areas administered in the National Capital Region. The need for these revisions arose from two court decisions addressing literature distribution in these areas. DATES: This rule becomes effective on June 13, 1997. FOR FURTHER INFORMATION CONTACT: Sandra Alley, Public Affairs Officer, National Capital Region, National Park Service, 1100 Ohio Drive, S.W., Washington, D.C. 20242. Telephone 202-205-1918. Richard G. Robbins, Assistant Solicitor, National Capital Region Parks, Office of the Solicitor, Department of the Interior, Washington, D.C. 20240. Telephone 202-208-4338. SUPPLEMENTARY INFORMATION: Background Pursuant to Public Law 103-279, the NPS no longer has operating responsibilities within the John F. Kennedy Center for the Performing Arts. Accordingly, the NPS finds it necessary to revise existing regulations, currently found at 36 CFR 7.96, to delete references to the Kennedy Center. In a matter unrelated to the Kennedy Center, on May 22, 1992, the United States Court of Appeals for the District of Columbia Circuit affirmed an injunction which barred the NPS's enforcement of a portion of 36 CFR 7.96(k)(2)(vi). In this civil action, the court held that the NPS prohibition against the free distribution of literature on the Constitution Avenue and Henry Bacon Drive sidewalks adjacent to the Vietnam Veterans Memorial was an unconstitutional abridgement under the First Amendment. Henderson v. Lujan, 964 F.2d 1179 (D.C. Cir. 1992). It is necessary, therefore, to revise the regulation consistent with the court's opinion. While the free distribution of literature without the aid of stands and structures is now allowed on these sidewalks, the NPS reaffirms the continued need to prohibit demonstration, special event and sales activities in this area. On December 15, 1989, the U.S. District Court for the District of Columbia issued an order dismissing a criminal action against a defendant charged with a violation of 36 CFR 7.96(k)(2)(v). This criminal action, regarding the NPS prohibition against the free distribution of literature on East Executive Avenue, was dismissed as an unconstitutional abridgment under the First Amendment. United States v. Fennelly, 726 F.Supp. 871 (D.D.C. 1989). It is necessary, therefore, to also revise this regulation consistent with the memorandum opinion dismissing the criminal action. While the free distribution of literature without the aid of stands or structures is allowed in this park area, the NPS reaffirms the continued need to prohibit demonstration, special event and sales activities in this area. Administrative Procedure Act In accordance with the Administrative Procedure Act (5 U.S.C. 553(b)(B)), the NPS is promulgating this rule under the ``good cause'' exception of the Act from general notice and comment rulemaking. As discussed above, the NPS believes this exception is warranted because of Public Law 103-279 and the two recent court decisions . This final rule will not impose any additional restrictions on the public and comments on this rule are deemed unnecessary. Based upon this discussion, the NPS finds pursuant to 5 U.S.C. 553(b)(B) that it would be contrary to the public interest to publish this rule through general notice and comment rulemaking. The NPS also believes that publishing 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 in this instance would be unnecessary and contrary to the public interest. Therefore, under the ``good cause'' exception of the Administrative Procedure Act (5 U.S.C. 553(d)(3)), the NPS has determined that this final rulemaking is excepted from the 30-day delay in the effective date and will therefore become effective on the date published in the Federal Register. Drafting Information The following persons participated in the writing of this regulation: Richard G. Robbins and Randolph J. Myers, National Capital Parks, Office of the Solicitor, Department of the Interior, Washington, D.C. Paperwork Reduction Act This final rule 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 is not a significant rule requiring review by the Office of Management and Budget under Executive Order 12866. The Department of the Interior has determined that this rule will not have a significant economic effect on a small number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et. seq.). The economic effects of this rulemaking are negligible in scope. 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. 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; or (b) Introduce noncompatible uses which might compromise the nature and characteristics of the area, or cause physical damage to it; or (c) Conflict with adjacent ownerships 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) 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 in 36 CFR Part 7 District of Columbia, National parks, Reporting and recordkeeping requirements. In consideration of the foregoing, 36 CFR Chapter I is amended as follows: PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM 1. 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 8-137 (1981) and D.C. Code 40-721 (1981). 2. Section 7.96 is amended by removing paragraph (g)(3)(ii)(B) and redesignating paragraphs (g)(3)(ii)(C), (g)(3)(ii)(D) and (g)(3)(ii)(E) as (g)(3)(ii)(B), (g)(3)(ii)(C) and (g)(3)(ii)(D), respectively. 3. Section 7.96 is amended by removing the current diagram of the Kennedy Center found at the end of paragraph (g). 4. Section 7.96 is amended by revising paragraphs (k)(2)(iv), (k)(2)(v) and (k)(2)(vi) to read as follows: [[Page 32203]] Sec. 7.96 National Capital Area. * * * * * (k) * * * (2) * * * (iv) The interior of all park buildings, including, but not limited to, those portions of Ford's Theatre administered by the National Park Service. (v) The White House Park area bounded on the north by H Street, NW; on the south by Constitution Avenue, NW; on the west by 17th Street, NW; and on the east by 15th Street, NW; except for Lafayette Park, the White House sidewalk (the south Pennsylvania Avenue, NW sidewalk between East and West Executive Avenues) and the Ellipse; Provided, however, that the free distribution of literature conducted without the aid of stands or structures, is permitted on East Executive Avenue. (vi) Vietnam Veterans Memorial area extending to and bounded by the south curb of Constitution Avenue on the north, the east curb of Henry Bacon Drive on the west, the north side of the north Reflecting Pool walkway on the south and a line drawn perpendicular to Constitution Avenue two hundred (200) feet from the east tip of the memorial wall on the east (this is also a line extended from the east side of the western concrete border of the steps to the west of the center steps to the Federal Reserve Building extending to the Reflecting Pool walkway); Provided, however, that the free distribution of literature conducted without the aid of stands or structures, is permitted on the Constitution Avenue and Henry Bacon Drive sidewalks adjacent to the Vietnam Veterans Memorial. * * * * * Dated: June 3, 1997. William Leary, Acting Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 97-15551 Filed 6-12-97; 8:45 am] BILLING CODE 4310-70-P