[Federal Register Volume 62, Number 144 (Monday, July 28, 1997)]
[Proposed Rules]
[Pages 40317-40318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19608]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 4

RIN 1024-AC63


Safety Belt Use Within the National Park System

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service (NPS) is proposing to amend its 
regulations concerning safety belt use within units of the NPS. 
Currently, the NPS has regulations requiring seat belt use by the 
operator and each front seat passenger. On April 16, 1997, President 
Clinton signed Executive Order 13043 directing the NPS to promulgate 
regulations that require all occupants of motor vehicles to use safety 
belts or child restraint devices at all times within units of the NPS 
when the vehicle is in motion.

DATES: Written comments will be accepted until September 26, 1997.

ADDRESSES: Comments should be addressed to: Ranger Activities Division, 
Suite 7408, National Park Service, 1849 C Street, NW, Washington, D.C. 
20240.

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

SUPPLEMENTARY INFORMATION:

Background

    The NPS administers 375 areas throughout the country under the 
broad statutory mandates to promote and regulate their use; to conserve 
the scenery, the natural and cultural objects and the wildlife therein; 
and to provide for their enjoyment in such manner as will leave them 
unimpaired for the enjoyment of future generations. Although the nearly 
300 million annual visitors to the National Park System use a variety 
of access methods, the vast majority rely on motor vehicles and 
roadways to reach park areas and to

[[Page 40318]]

circulate within them. Consequently, the NPS has major responsibilities 
and program involvement in the areas of road construction and 
maintenance, traffic safety and traffic law enforcement.
    The NPS currently administers over 8,000 miles of roads within the 
National Park System that are open to the public. These 8,000 miles 
compare in magnitude to the State of Arizona's state road system, 
except that they are scattered throughout the United States and its 
territories. There is great variety in the nature and extent of park 
roads, ranging from very short lengths of unpaved secondary roadways, 
to well-developed road systems complete with spur roads, parking areas 
and overlooks, to parkways running for hundreds of miles through 
several States, to parkways used primarily as commuter routes in the 
Washington, DC area. In addition, many park areas contain State and/or 
county highways and roads over which the NPS may exercise varying 
degrees of jurisdiction.
    On December 13, 1989, the NPS promulgated a final rule (36 CFR 
4.15) concerning the use of safety belts (54 FR 51199). That rule 
requires the operator of a motor vehicle and each front seat passenger 
to wear a safety belt at all times when the vehicle is in motion, 
unless (1) the vehicle was not originally equipped by the manufacturer 
with a safety belt or (2) the operator or front seat passenger has a 
medical condition that prevents the use of a safety belt. The 
regulation is applicable in park areas located within States that do 
not have a mandatory seatbelt law in effect and can be enforced only 
when another traffic violation had occurred. The regulation is 
implemented primarily through signing, text in brochures and incidental 
public contact.
    Executive Order 13043, signed by President Clinton on April 16, 
1997 (62 FR 19217, April 18, 1997), directed the NPS to propose rules 
and take other appropriate measures within their existing programs to 
further the use of safety belts in the national parks. This includes, 
but is not limited to, conducting education, awareness and other 
appropriate programs about the importance of wearing safety belts and 
the consequences of not wearing them. In addition, the NPS is directed 
to initiate rulemaking to consider regulatory changes with respect to 
enhanced safety belt use requirements and standard (primary) 
enforcement of such requirements in park areas and to widely publicize 
and actively enforce such regulations. Under the proposed rule, each 
operator and passenger occupying any seating position of a motor 
vehicle in a park area, whose seat is equipped with a seat belt or 
child restraint system, shall have the seat belt or child restraint 
system properly fastened at all times when the vehicle is in motion. 
Primary enforcement means that a motor vehicle may be stopped when the 
operator or any occupant is not wearing their seatbelt. The proposed 
rule would not require another traffic violation to occur before the 
vehicle may be stopped. The seatbelt regulation in this rulemaking is 
intended to apply in all NPS areas.
    The President, the Department of the Interior and the NPS strongly 
support the use of appropriate restraint systems by all motor vehicle 
occupants and view the potential reduction in personal injuries and 
fatalities that might result from the promulgation of this regulation 
as highly desirable. The benefits of wearing seatbelts have been 
documented extensively.

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 to the address noted at the 
beginning of this rulemaking. The NPS will review all comments and 
consider making changes to the rule based upon analysis of the 
comments.

Drafting Information

    The primary author of this rule is Dennis Burnett, Ranger 
Activities Division, National Park Service, Washington, D.C. 20240.

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) 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 4

    National parks, Traffic regulations.

    In consideration of the foregoing, 36 CFR Chapter I is proposed to 
be amended as follows:

PART 4--VEHICLES AND TRAFFIC SAFETY

    1. The authority citation for Part 4 continues to read as follows:

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

    2. Section 4.15 is revised to read as follows:


Sec. 4.15  Safety belts.

    (a) Each operator and passenger occupying any seating position of a 
motor vehicle in a park area will have the safety belt or child 
restraint system properly fastened at all times when the vehicle is in 
motion. The safety belt and child restraint system will conform to 
applicable United States Department of Transportation standards.
    (b) This section does not apply to an occupant in a seat that was 
not originally equipped by the manufacturer with a safety belt nor does 
it apply to anyone with a medical condition that prevents restraint by 
a safety belt or other occupant restraining device.

    Dated: July 1, 1997.
Joseph E. Doddridge,
Acting Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 97-19608 Filed 7-25-97; 8:45 am]
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