[Federal Register Volume 65, Number 53 (Friday, March 17, 2000)]
[Rules and Regulations]
[Pages 14760-14761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6797]



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Part VIII





Oklahoma City National Memorial Trust





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Rules and Regulations for Oklahoma City National Memorial; Final Rule

  Federal Register / Vol. 65, No. 53 / Friday, March 17, 2000 / Rules 
and Regulations  

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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: Final rule.

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SUMMARY: The Oklahoma City National Memorial Trust will 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. This 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 was invited on the proposed rule and was considered by 
the Trust in creating this final rule. No public comments were received 
by the Trust.

DATES: Effective Date: April 18, 2000.

ADDRESSES: The text of 36 CFR chapters I and XV may be viewed at the 
office of the Oklahoma City National Memorial Trust, One Leadership 
Square, Suite 150, Oklahoma City, OK 73102.

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 wholly owned government 
corporation to administer the memorial in cooperation with the 
Secretary of Interior in accordance with laws governing units of the 
National Park System. At the request of the Trust, the Secretary of 
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 wholly owned 
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 created 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, adopts 
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.

Discussion of Comments on Proposed Rule

    The Trust provided for a public comment period of 30 days on these 
regulations. The Proposed Rule was published in the Federal Register on 
February 16, 2000 (FR Volume 65, Number 32, Pages 8010-8011). No public 
comments on the proposed rules were received. Since no comments were 
received, no amendments were made to the proposed regulations.

Related Documents

    The entire 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 does 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 do 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 does 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 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 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 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. The regulations enable the Trust to adequately 
manage and protect the

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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, a new chapter XV is 
established 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 Regulations

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, 111 Stat. 1261.

    Dated: March 14, 2000.
Robert M. Johnson,
Chairman.
[FR Doc. 00-6797 Filed 3-15-00; 2:08 pm]
BILLING CODE 8710-01-U