[Federal Register Volume 65, Number 32 (Wednesday, February 16, 2000)]
[Proposed Rules]
[Pages 8010-8011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3444]



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Part VI





Oklahoma City National Memorial Trust





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36 CFR Chapter XV



Rules and Regulations for Oklahoma City National Memorial; Proposed 
Rule

  Federal Register / Vol. 65, No. 32 / Wednesday, February 16, 2000 / 
Proposed Rules  

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OKLAHOMA CITY NATIONAL MEMORIAL TRUST

36 CFR Chapter XV


Rules and Regulations for Oklahoma City National Memorial

AGENCY: Oklahoma City National Memorial Trust

ACTION: Proposed rule.

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SUMMARY: The Oklahoma City National Memorial Trust proposes to adopt 
and enforce those rules and regulations that are applicable to the 
operation of the National Park System and that may be necessary and 
appropriate to carry out its duties and responsibilities under the 
Oklahoma City National Memorial Act of 1997. The proposed rule will 
enable the Trust to safely and efficiently operate the Memorial by 
establishing general provisions, regulations for resource protection 
and public use, vehicles and traffic safety, and commercial and private 
operations. Public comment is invited on this proposed rule and will be 
considered by the Trust in creating a final rule.

DATES: The Trust must receive comments on or before March 14, 2000.

ADDRESSES: Address all comments concerning this proposed rule to Kari 
Watkins, Executive Director, Oklahoma City National Memorial Trust, 
P.O. Box 323, Oklahoma City, OK 73101-0323.

FOR FURTHER INFORMATION CONTACT: Kari Watkins, 405-235-3313

SUPPLEMENTARY INFORMATION:

Background

    The Oklahoma City National Memorial Act of 1997 (Public Law 105-58, 
October 9, 1997) establishes (1) the Oklahoma City National Memorial in 
Oklahoma City as a unit of the National Park System and (2) the 
Oklahoma City National Memorial Trust as a whollyowned government 
corporation to administer the memorial in cooperation with the 
Secretary of the Interior in accordance with laws governing units of 
the National Park System. At the request of the Trust, the Secretary of 
the Interior is required to provide, for a period not to exceed two 
years, personnel and technical expertise. A superintendent is assigned 
to coordinate National Park Service (NPS) assistance to the Trust. Also 
at the Trust's request, NPS is required to provide uniformed personnel 
to carry out day-to-day visitor service programs on a reimbursable 
basis.

Statutory Authority

    The Oklahoma City National Memorial Trust is a whollyowned 
government corporation created by the Oklahoma City National Memorial 
Act, Public Law 105-58 (Act). Pursuant to section 4 of the Act, the 
Trust administers the Memorial, which is comprised of the lands, 
facilities, and structures within the boundaries depicted on the map 
referenced in the statute.
    Section 6(g) of the Act enables the Trust to

    Adopt, amend, repeal, and enforce bylaws, rules and regulations 
governing the manner in which its business may be conducted and the 
powers vested in it may be exercised. The Trust is authorized, in 
consultation with the Secretary [of the Interior], to adopt and to 
enforce those rules and regulations that are applicable to the 
operation of the National Park System and that may be necessary and 
appropriate to carry out its duties and responsibilities under this 
Act.

Consistent with that authority, and in order to protect, preserve, and 
operate the Memorial, the Trust is creating this rule concerning 
resource protection and public use; vehicles and traffic safety; and 
commercial and private operations.
    Title 36 of the Code of Federal Regulations (CFR) Chapter I, parts 
1, 2, 4, and 5 already govern the management and activities within the 
units of the National Park System throughout the United States. The 
Trust recognizes the national scope and inherent continuity of 36 CFR, 
its necessity within the National Park System, and therefore, intends 
to adopt those regulations that are relevant and applicable to the 
Memorial. In an attempt to keep the regulations clear and concise, the 
Trust has excluded those portions of the existing regulations that are 
not applicable and would have no bearing on the management or 
protection of the Memorial.

Consultation

    Prior to proposing these regulations, the Trust consulted with the 
Secretary of the Interior's designee, the National Park Service 
Director, Intermountain Region, who serves on the Trust's Board of 
Directors pursuant to section 6(g) of the Act. The Director, 
Intermountain Region facilitated the advisory process by providing 
direct access to officials in the National Park Service and the 
National Park Service Solicitor's Office. Consultation with the 
Oklahoma State Historic Preservation Office as it relates to historic 
and cultural effects on the Memorial's environment is ongoing. The 
Trust anticipates that all such consultation will continue during the 
comment period on these proposed regulations.

Request For Comments

    The Trust is providing for a public comment period of 30 days on 
these regulations. All comments, including names and addresses, when 
provided, will be placed in the public record and made available for 
public inspection and copying. The Trust will consider each comment 
received within this period and then publish final regulations on these 
topics in the Federal Register. That promulgation will include a 
discussion of any comments received and any amendments made to these 
proposed regulations as a result of the comments.

Related Documents

    The entire proposed regulations and their respective environmental 
assessment may be found at the Trust's internet website 
(www.oklahoman.net/connections/memorial). A written copy of the 
regulations and 36 CFR is available for review at the Trust's office at 
One Leadership Square, Suite 150, Oklahoma City, OK 73102.

Regulatory Impact

    This rulemaking will not have an annual effect of $100 million or 
more on the economy nor adversely affect productivity, competition, 
jobs, prices, the environment, public health or safety, or State or 
local governments. These rules will not interfere with an action taken 
or planned by another agency or raise new legal or policy issues. In 
short, little or no effect on the national economy will result from 
adoption of this rule. Because this rule is not economically 
significant, it is not subject to review by the Office of Management 
and Budget under Executive Order 12866.
    The Trust has determined and certifies pursuant to the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq., that this rule will not have a 
significant economic effect on a substantial number of small entities. 
This rule is not a major rule within the meaning of the Congressional 
Review Act, 5 U.S.C. 801 et seq.

Environmental Impact

    The Trust prepared an Environmental Assessment (EA) in connection 
with the proposed version of this rule. The EA determined that the 
proposed rule would not have a significant effect on the quality of the 
human environment because it is neither intended nor expected to change 
the physical status quo of the Memorial in any significant manner. The 
EA was prepared in accordance with the National Environmental Policy 
Act of 1969, 42 U.S.C. 4321 et seq. The EA is available

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for public inspection at the office of the Trust, One Leadership 
Square, Suite 150, Oklahoma City, OK 73102 or on the Trust's internet 
website (www.oklahoman.net/connections/memorial).
    Environmental consequences would include the enhanced protection of 
the Memorial through the ability of the Trust's required rulemaking 
authority to regulate and maintain the Memorial as a unit of the 
National Park System. Proposed regulations will enable the Trust to 
adequately manage and protect the natural, cultural, and historic 
resources of the Memorial as well as the safe and efficient management 
of the Memorial's public use. No long term adverse effects are expected 
on the natural or cultural environment, and constructive manage of the 
use of the historic Journal Record building will ensure its long-term 
preservation.
    The memorial site is in an urban business district, and nearby 
buildings include two churches, business offices, the post office, 
federal courthouse, and a high-rise apartment complex. Adoption of the 
regulations would have no effect on these properties or other elements 
of the socioeconomic environment. There will be no disproportionately 
high or adverse human health or environmental effects on minority 
populations, low-income populations, or Indian tribes from the 
proposal. An alternative to adopting these regulations is the no-action 
alternative. This would require the Trust to adopt no regulations for 
the Memorial. This would result in the inefficient management of the 
Memorial, which would hinder the ability of the Trust to protect the 
visitors, their experience at the Memorial, and the natural and 
cultural environment. The no-action alternative is in opposition to the 
purpose and guidance of the Memorial's enabling legislation.

List of Subjects in 36 CFR Part 1501

    Monuments and memorials.

    For the reasons set forth in the preamble, it is proposed to 
establish a new chapter XV in title 36 of the Code of Federal 
Regulations consisting of part 1501 to read as follows:

CHAPTER XV--OKLAHOMA CITY NATIONAL MEMORIAL TRUST

PART 1501--GENERAL PROVISIONS


Sec. 1501.1  Cross reference to National Park Service regulations.

    As permitted by the Oklahoma City National Memorial Act, the 
Oklahoma City National Memorial Trust (the Trust) adopts by cross 
reference the provisions of the National Park Service in 36 CFR chapter 
I as shown in the following table. The table also indicates those 
parts, sections, and paragraphs that the Trust has chosen to exclude 
from adoption.

National Park Service

36 CFR, Chapter I
    Excluding parts 3 and 6-199

PART 1  GENERAL PROVISIONS

Sec. 1.1  Purpose
Sec. 1.2  Applicability and Scope
Sec. 1.3  Penalties
    Excluding paragraphs (b) and (c)
Sec. 1.4  Definitions
    Excluding paragraph (b)
Sec. 1.5  Closures and public use limits
Sec. 1.6  Permits
Sec. 1.7  Public Notice
Sec. 1.8  Information Collection
Sec. 1.10  Symbolic Signs

PART 2  RESOURCE PROTECTION, PUBLIC USE AND RECREATION

    Excluding Secs. 2.3, 2.16, 2.19, 2.60
Sec. 2.1  Preservation of natural and cultural and archeological 
resources
Sec. 2.2  Wildlife Protection
    Excluding paragraphs (b), (c), and (d)
Sec. 2.4  Weapons, traps, and nets
    Excluding paragraph (a)(2)
Sec. 2.5  Research specimens
Sec. 2.10  Camping and food storage
    Excluding paragraphs (b)(1), (b)(2), (b)(3), (b)(4), (b)(6), 
(b)(8), and (d)
Sec. 2.11  Picnicking
Sec. 2.12  Audio Disturbances
    Excluding paragraph (a)(3)
Sec. 2.13  Fires
Excluding paragraph (c)
Sec. 2.14  Sanitation and refuse
    Excluding paragraphs (a)(7) and (a)(9)
Sec. 2.15 Pets
    Excluding paragraphs (b) and (e)
Sec. 2.17  Aircraft and air delivery
    Excluding paragraph (a)(2)
Sec. 2.18  Snowmobiles
    Excluding paragraphs (d) and (e)
Sec. 2.20  Skating, skateboards and similar devices
Sec. 2.21  Smoking
    Excluding paragraph (b)
Sec. 2.22  Property
Sec. 2.23  Recreation fees
    Excluding paragraph (a)
Sec. 2.30  Misappropriation of property and services
Sec. 2.31  Trespassing, tampering and vandalism
Sec. 2.32  Interfering with agency functions
Sec. 2.33  Report of injury or damage
Sec. 2.34  Disorderly conduct
Sec. 2.35  Alcoholic beverages and controlled substances
Sec. 2.36  Gambling
Sec. 2.37  Noncommercial soliciting
Sec. 2.38  Explosives
Sec. 2.50  Special events
Sec. 2.51  Public assemblies, meetings
Sec. 2.52  Sale or distribution of printed matter
Sec. 2.61  Residing on Federal lands
Sec. 2.62  Memorialization

PART 4  VEHICLES AND TRAFFIC SAFETY

Sec. 4.1  Applicability and scope
Sec. 4.2  State law applicable
Sec. 4.3  Authorized emergency vehicles
Sec. 4.4  Report of motor vehicle accident
Sec. 4.10  Travel on park roads and designated routes
    Excluding paragraph (c)(3)
Sec. 4.11  Load, weight and size limits
Sec. 4.12  Traffic control devices
Sec. 4.13  Obstructing traffic
Sec. 4.14  Open container of alcoholic beverage
Sec. 4.15  Safety belts
Sec. 4.20  Right of way
Sec. 4.21  Speed limits
    Excluding paragraphs (a)(2) and (a)(3)
Sec. 4.22  Unsafe operation
Sec. 4.23  Operating under the influence of alcohol or drugs
Sec. 4.30  Bicycles
Sec. 4.31  Hitchhiking

PART 5  COMMERCIAL AND PRIVATE OPERATIONS

    Excluding Secs. 5.4, 5.9, and 5.10
Sec. 5.1  Advertisements
Sec. 5.2  Alcoholic beverages; sale of intoxicants
    Excluding paragraph (b)
Sec. 5.3 Business operations
Sec. 5.5  Commercial photography
Sec. 5.6  Commercial vehicles
Sec. 5.7  Construction of buildings or other facilities
Sec. 5.8  Discrimination in employment practices
Sec. 5.13  Nuisances
Sec. 5.14  Prospecting, mining, and mineral leasing

    Authority:  16 U.S.C. 450ss; Pub. L. 105-58.

    Dated: February 9, 2000.
Robert M. Johnson,
Chairman.
[FR Doc. 00-3444 Filed 2-15-00; 8:45 am]
BILLING CODE 8710-01-P