[Federal Register Volume 64, Number 243 (Monday, December 20, 1999)]
[Rules and Regulations]
[Pages 71025-71026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32931]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 102-AC76


National Capital Region, Special Regulations

AGENCY: National Park Service, Interior.

ACTION: Temporary final rule.

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SUMMARY: The National Park Service is temporarily amending the current 
regulation for the National Capital Region. This amendment will allow 
use of the area immediately surrounding the Washington Monument for 
fireworks for the official America's Millennium celebration marking the 
beginning of the year 2000. The temporary amendment will expire at the 
conclusion of the celebration and the fireworks' removal but no later 
than January 8, 2000.

DATES: This rule becomes effective on December 20, 1999 and terminates 
on January 8, 2000.

FOR FURTHER INFORMATION CONTACT:
Superintendent Arnold Goldstein, National Capital Parks--Central, 900 
Ohio Drive SW, Washington, DC 20240, telephone (202) 585-9880.

SUPPLEMENTARY INFORMATION: The Washington Monument is located on the 
National Mall and honors our Nation's first President. Begun on July 4, 
1848 and dedicated on February 21, 1885, the Washington Monument has 
undergone three restorations. The current phase of the restoration has 
required the construction of scaffolding surrounding the memorial, 
which includes strips of architectural fabric attached to the exterior 
of the scaffolding. The work of architect Michael Graves, this 
scaffolding and architectural fabric has allowed the National Park 
Service to have an aesthetic way to camouflage the construction zone 
necessary for the Washington Monument's exterior stonework inspection 
and repair, while retaining a sense of architecture of this great 
obelisk.
    Work on the exterior surfaces of the Washington Monument, including 
use of the scaffolding, in this phase of restoration has been 
completed. The conclusion of the restoration also coincides with the 
official America's Millennium celebration that will be occurring on 
parts of the National Mall. Given the presence of the scaffolding and 
architectural fabric surrounding the Washington Monument, we believe 
that there is a unique opportunity to have fireworks at this great 
memorial marking the beginning of the year 2000, in coordination with 
the official America's Millennium celebration. The Lincoln Reflecting 
Pool will also be used as an integral part of the official America's 
Millennium celebration fireworks display at the Washington Monument. 
Finally, these fireworks, done by the nationally recognized fireworks 
company of Grucci, have been designed to avoid damaging the Washington 
Monument.
    Under the existing regulation at 36 CFR 7.96, the Washington 
Monument is surrounded by a restricted zone which consists of the area 
enclosed within the inner circle that surrounds the obelisk. The 
restricted zone is similar to three other designated memorials' 
restricted zones where permits for demonstrations and special events 
are prohibited by NPS regulation. This restricted zone is intended to 
maintain the memorials in an atmosphere of calm, tranquility, and 
reverence as well as protect legitimate security and park value 
interests. 41 FR 12880 (1976) (Final Rule). The restricted zone 
currently includes the scaffolding and its architectural fabric, on 
which the fireworks would be placed.
    There has always been a regulatory exception for the Washington 
Monument's restricted zone that allows the official annual 
commemorative Washington birthday celebration. With the Washington 
Monument's exterior surfaces complete and prior to dismantling the 
scaffolding, we believe it appropriate to temporarily revise the NPS 
regulations to allow for this special, one-time use. This rule makes 
that temporary revision. The temporary revision applies only for the 
period needed to set up, conduct, and remove the fireworks for the 
official America's Millennium celebration which will occur at midnight 
December 31, 1999, in coordination with the official America's 
Millennium celebration. Immediately after the celebration and the 
fireworks' removal, NPS's regulation will revert to its former wording.

Procedural Matters

Administrative Procedure Act

    Because this revision is necessary to enable the official America's 
Millennium celebration to have fireworks at the Washington Monument at 
midnight December 31, 1999, and because of the limited time remaining

[[Page 71026]]

before December 31, 1999, we are publishing this revision as a final 
rule. In accordance with the requirements of the Administrative 
Procedure Act (5 U.S.C. 553(B)), we have determined that publishing a 
proposed rule would be impractical because of the short time period 
available. We also believe that publishing this rule 30 days before the 
rule becoming effective would be impractical because of the limited 
time remaining before December 31, 1999. A 30-day delay in this 
instance would be unnecessary and contrary to the public interest. 
Therefore, under the Administrative Procedure Act (5 U.S.C. 553(d)(3)), 
we have 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.

Federalism (Executive Order (E.O. 12612)

    In accordance with E.O. 12612, this rule does not have significant 
Federalism implications.

Takings Implications Assessment (E.O. 12630)

    In accordance with E.O. 12630, the rule does not have takings 
Implications.

Regulatory Planning and Review (E.O. 12866)

    This document is not a significant rule and is not subject to 
review the Office of Management and Budget (OMB) under E.O. 12866.
    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or Tribal governments or 
communities.
    (2) This rule will not create a serious inconsistency or interfere 
with an action taken or planned by another agency.
    (3) This rule does not alter the budgetary effects or entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients.
    (4) This rule does not raise novel legal or policy issues.

Civil Justice Reform (E.O. 12988)

    In accordance with E.O. 12988, the Office of the Solicitor has 
determined that this rule does not unduly burden the judicial system 
and meets the requirements of Secs. 3(a) and 3(b)(2) of the Order.

National Environmental Policy Act (NEPA)

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment.

Paperwork Reduction Act of 1995

    This rule does not contain any collection of information requiring 
approval under the Paperwork Reduction Act.

Regulatory Flexibility Act

    This rule will not have a significant economic effect on a 
substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under the Small Business Regulatory 
Enforcement Fairness Act (5 U.S.C. 804(2)).

Unfunded Mandates Reform Act of 1995

    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. A statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.) is not required.

List of Subjects in 36 CFR Part 7

    National parks, monuments and memorials, recreation.

    For the reasons given in the preamble, part 7 of title 36 of the 
Code of Federal Regulations is amended to read as set forth below. This 
amendment is effective from December 20, 1999 to January 31, 2000.
    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 40-721 (1981).

    2. In Sec. 7.96, in paragraph (g)(3)(ii)(A), the following words 
are added after the word ``ceremony'': ``and for fireworks for the 
official America's Millennium celebration''.

    Dated: December 15, 1999.
John Leshy,
Solicitor, Department of the Interior.
[FR Doc. 99-32931 Filed 12-17-99; 8:45 am]
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