[Federal Register Volume 68, Number 151 (Wednesday, August 6, 2003)]
[Rules and Regulations]
[Pages 46477-46479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19965]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 4

RIN 1024-AC69


Operating Under the Influence of Alcohol or Drugs

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: This rule revises the National Park Service (NPS) regulation 
governing motor vehicle operation under the influence of alcohol. The 
revision is in response to a Presidential directive issued to all 
Federal agencies to promulgate regulations adopting a 0.08 blood 
alcohol concentration (BAC) as the legal limit for a per se impaired 
driving offense. This rule will assist in preventing tragic and 
unnecessary alcohol-related deaths and injuries on our Nation's roads.

DATES: Effective date: September 5, 2003.

FOR FURTHER INFORMATION CONTACT: Bernard C. Fagan, National Park 
Service, 1849 C Street, NW., Mailstop 7252, Washington, DC 20240. 
Telephone: (202) 208-7456. Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The NPS administers 388 areas throughout the country ``to conserve 
the scenery and the natural and historic objects and the wild life 
therein and to provide for the enjoyment of the same in such manner and 
by such means as will leave them unimpaired for the enjoyment of future 
generations.'' The National Park Service Organic Act, 16 U.S.C. 1. 
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

[[Page 46478]]

areas and to 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.
    There are approximately 8,000 miles of NPS-administered roads open 
to the public within the national park system. These 8,000 miles 
compare in magnitude to the State of Arizona's 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. They 
range 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 April 2, 1987, the NPS promulgated a final rule (36 CFR 4.23) 
concerning operating a motor vehicle under the influence of alcohol (52 
FR 10683). That rule prohibits the operation or control of a motor 
vehicle if the alcohol concentration in the operator's blood or breath 
is 0.10 grams or more of alcohol per 100 milliliters of blood or 210 
liters of breath. The regulation provides, however, that if State law 
governing operation of a motor vehicle while under the influence of 
alcohol establishes more restrictive limits of alcohol concentration in 
the operator's blood or breath, those limits supersede the limits 
specified in this paragraph. The regulation is implemented primarily 
through roadside signing, text in brochures, and incidental public 
contact.
    On March 3, 1998, President Clinton directed the Secretary of 
Transportation to work with Congress, other Federal agencies, the 
States, and others to develop a plan to promote the adoption of 0.08 
BAC as the legal limit for a per se impaired driving offense. 
Specifically, he further directed that the plan consider setting a 0.08 
BAC standard on all Federal property, including Department of Defense 
installations and the national parks. The directive also called for 
strong enforcement of, and publicity regarding, the 0.08 BAC standard. 
The benefits of the 0.08 standard in lives saved and injuries prevented 
have been documented extensively.
    On January 31, 2003, the NPS published a proposed rule in the 
Federal Register (68 FR 4975), stating that it proposed to revise its 
regulation to reduce the BAC standard from 0.10 grams of alcohol per 
100 milliliters of blood or 210 liters of breath, to 0.08 grams.

Discussion of Comments

    The NPS received two comments in response to the proposed rule, 
both of which support adoption of the lower 0.08 BAC standard.
    The first commenter stated that he supported the 0.08 BAC standard, 
and also urged its adoption by the NPS with regard to boating and water 
use activities. That subject is dealt with in part 3 of 36 CFR, 
specifically 36 CFR 3.6(b). This rule deals only with part 4. The 
suggestion, however, will be taken into consideration in any future 
revision of part 3.
    The second commenter also supported the lower BAC standard, but 
noted that the language of the proposed revision (as contained in the 
proposed rule) would also add a superfluous reference to breath. 
Specifically, the language of the proposed revision would have added 
``breath is'' to the first sentence of 36 CFR 4.23(a)(2), just after 
``100 milliliters of blood or'' and just before ``0.08 grams or more of 
alcohol per 210 liters of breath.'' The NPS agrees that the extra 
wording is unnecessary, and that the only change needed in the language 
of the existing 36 CFR 4.23(a)(2) is to substitute ``0.08'' for 
``0.10''. The second commenter also stated that authorities in the 
State of California have had difficulty treating violations of the NPS 
regulation as prior offenses under California's driving under the 
influence (DUI) statutes. The reasons cited by the commenter, however, 
do not relate to the BAC standard, but to other factors such as, for 
example, the California courts' strict interpretation of the State's 
DUI laws.
    After considering the comments, and in light of their unanimous 
support of the lower 0.08 BAC standard, the NPS is adopting the rule as 
proposed, with the editing change discussed in the paragraph above.

Compliance With Other Laws

Regulatory Planning and Review (Executive Order 12866)

    This document is not a significant rule and is not subject to 
review by the Office of Management and Budget under Executive Order 
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 otherwise 
interfere with an action taken or planned by another agency. Actions 
taken under this rule will not interfere with other agencies or local 
government plans, policies, or controls. This is an agency specific 
rule.
    (3) This rule does not alter the budgetary effects of entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. This rule will have no effect on entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. No grants or other forms of monetary supplements are 
involved.
    (4) This rule does not raise novel legal or policy issues. The 
lower legal blood alcohol concentration level is prevalent throughout 
the United States and has been adopted by most other Federal agencies 
and States.

Regulatory Flexibility Act

    The Department of the Interior certifies 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.).
    Although the regulation has significant implications for public 
safety, it does not have monetary implications. There are no businesses 
that depend on the public's ability to operate a motor vehicle while 
intoxicated. The rule will likely provide non-monetary benefits to the 
NPS and other law enforcement agencies through decreased accidents and 
injuries.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    (1) Does not have an annual effect on the economy of $100 million 
or more.
    (2) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    (3) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

    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.

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Takings (Executive Order 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. A takings implication assessment is 
not required. No taking of personal property will occur as a result of 
this rule.

Federalism (Executive Order 13132)

    This rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment pursuant to 
Executive Order 13132. This rule only affects the use of roads on NPS 
administered lands. It does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government.

Civil Justice Reform (Executive Order 12988)

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

Paperwork Reduction Act

    This regulation does not require an information collection from 10 
or more parties and a submission under the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.) is not required. An OMB form 83-I is not required.

National Environmental Policy Act

    The National Park Service has analyzed this rule in accordance with 
the criteria of the National Environmental Policy Act of 1969 (42 
U.S.C. 4321-4370d) and the Department of the Interior Manual (516 DM 
1.1-7.7). The regulation has been found to be covered by an applicable 
categorical exclusion (516 DM 6, Appendix 7.4 A.10), and no exceptions 
to categorical exclusions (516 DM 2, Appendix 2) apply to the 
regulation. The National Park Service has documented this finding in 
accord with the agency's procedures (Director's Order 12: 
Conservation Planning, Environmental Impact Analysis, and Decision-
making, and the accompanying Handbook). As a result, the National Park 
Service is not legally required to prepare, and has not prepared, 
either an environmental assessment (EA) or an environmental impact 
statement (EIS).

Government-to-Government Relationship With Tribes

    In accordance with Executive Order 13175 ``Consultation and 
Coordination with Indian Tribal Governments'' (65 FR 67249), the 
President's memorandum of April 29, 1994, ``Government to Government 
Relations with Native American Tribal Governments'' (59 FR 22951), and 
512 DM 2, we have evaluated potential effects on federally recognized 
Indian tribes and determined that there are no potential effects.

List of Subjects in 36 CFR Part 4

    National parks, Traffic regulations.

0
Accordingly, the NPS amends 36 CFR part 4 as follows:

PART 4--VEHICLES AND TRAFFIC SAFETY

0
1. The authority citation for part 4 continues to read as follows:

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


0
2. Section 4.23(a)(2) is revised to read as follows:


Sec.  4.23  Operating under the influence of alcohol or drugs.

    (a) * * *
    (2) The alcohol concentration in the operator's blood or breath is 
0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 
grams or more of alcohol per 210 liters of breath. Provided however, 
that if State law that applies to operating a motor vehicle while under 
the influence of alcohol establishes more restrictive limits of alcohol 
concentration in the operator's blood or breath, those limits supersede 
the limits specified in this paragraph.
* * * * *

    Dated: July 11, 2003.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 03-19965 Filed 8-5-03; 8:45 am]
BILLING CODE 4312-52-P