[Federal Register Volume 71, Number 41 (Thursday, March 2, 2006)]
[Rules and Regulations]
[Pages 10608-10610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1964]


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PRESIDIO TRUST

36 CFR Parts 1001, 1002, 1004 and 1005

RIN 3212-AA00


Management of the Presidio

AGENCY: The Presidio Trust.

ACTION: Final rule.

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SUMMARY: The Presidio Trust (Trust) was created by Congress in 1996 to 
manage most of the former U.S. Army post known as the Presidio of San 
Francisco, California. Pursuant to law, administrative jurisdiction of 
approximately 80 percent of this property (Area B) was transferred to 
the Trust on July 1, 1998. On June 30, 1998, the Trust adopted final 
interim regulations establishing the basic requirements for the 
management of Area B. By this rulemaking, the Trust is giving notice of 
its adoption of those final interim regulations, which were published 
on June 30, 1998 at 63 FR 35694, as final regulations.

DATES: Effective Date: This final rule is effective on April 3, 2006.

FOR FURTHER INFORMATION CONTACT: Karen A. Cook, General Counsel, The 
Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052, 
Telephone: 415-561-5300.

SUPPLEMENTARY INFORMATION:

Background

    The Presidio Trust is a wholly-owned government corporation created 
pursuant to Title I of the Omnibus Parks and Public Lands Management 
Act of 1996, 16 U.S.C. sec. 460bb note, Public Law 104-333, 110 Stat. 
4097 (Trust Act). Pursuant to sec. 103(b) of the Trust Act, the 
Secretary of the U.S. Department of the Interior transferred 
administrative jurisdiction to the Trust of all of Area B of the former 
Presidio of San Francisco Army post, as shown on the map referenced in 
the statute, on July 1, 1998. Notice of such transfer was published in 
the Federal Register on June 12, 1998 (63 FR 32236).
    Section 104(j) of the Trust Act authorizes the Trust, ``in 
consultation with the Secretary [of the U.S. Department of the 
Interior], to adopt and to enforce those rules and regulations that are 
applicable to the Golden Gate National Recreation Area and that may be 
necessary and appropriate to carry out its duties and responsibilities' 
under the Trust Act. The regulations adopted as final herein cover such 
matters for Area B of the Presidio as resource protection, public use 
and recreation, vehicles and traffic safety, and commercial and private 
operations.
    The Trust promulgated these regulations as final interim 
regulations on June 30, 1998, at 63 FR 35694, in order to provide 
immediately for public safety, good order, and efficient management of 
the property that was transferred to the Trust's jurisdiction on July 
1, 1998. The Trust provided a public comment period of 60 days on the 
final interim regulations that closed on August 31, 1998. These have 
been the operative regulations for management of the area under the 
Trust's administrative jurisdiction from June 30, 1998 to date. They 
can be found at 36 CFR parts 1001--General Provisions, 1002--Resource 
Protection, Public Use and Recreation, 1004--Vehicles and Traffic 
Safety, and 1005--Commercial and Private Operations.
    Shortly after adopting the final interim regulations, on September 
18, 1998, the Trust published a notice of proposed rulemaking 
containing a proposal for more extensive and revised regulations for 
management of Area B. These proposed regulations were published at 63 
FR 50024, and contained proposed 36 C.F.R. Parts 1001--General 
Provisions, 1002--Resource Protection, Public Use and Recreation, 
1003--Vehicles and Traffic Safety, 1004--Commercial and Private 
Operations, 1005--Rights-of-Way, and 1006--Presidio Trust Symbols. The 
period for public comment on these proposed regulations closed on 
January 8, 1999. On January 19, 1999, the Trust held certain of these 
proposed regulations in abeyance until further notice. See 64 FR 2870.
    After consideration of all comments received on both the proposed 
regulations and the final interim regulations, the Trust decided to 
adopt the final interim regulations as final regulations for management 
of Area B. This decision was taken at the December 9, 2002, meeting of 
the Trust's Board of Directors (Resolution 03-7) and was posted on the 
Trust's public Web site, but due to an administrative oversight, notice 
of the Trust's action was not promptly published in the Federal 
Register.
    Since their adoption in June 1998, the final interim regulations 
have served the public well and have provided clear, concise guidance 
to those charged with enforcing the Trust's regulations. The

[[Page 10609]]

final interim regulations have been working well since the Trust began 
administering a portion of the Presidio on July 1, 1998, and at this 
juncture, the Trust has elected not to change a system of rules that 
has proven to be generally effective and workable. The Trust remains 
open to comments on these final regulations and suggestions for their 
improvement for consideration in connection with a future rulemaking.

II. Summary of the Final Interim Regulations

    The final interim regulations were designed to deviate as little as 
necessary from the regulations for the Presidio that were in place 
during the approximately four-year period in which the National Park 
Service (NPS) had administrative jurisdiction of the entire Presidio. A 
detailed discussion of the final interim regulations was published in 
the Federal Register on June 30, 1998, at 63 FR 35694, including a 
description of the revisions made to the NPS regulations and a section 
by section analysis.
    The final interim regulations have proven effective since the 
Trust's adoption of them in June 1998, and the Trust has decided to 
retain them as the final regulations for management of the area of the 
Presidio under its administrative jurisdiction. Pursuant to sec. 104(i) 
of the Trust Act, day-to-day law enforcement activities and services in 
the area to be administered by the Trust will continue to be conducted 
primarily by the U.S. Park Police.
    The final regulations are virtually identical to the final interim 
regulations. The Trust has not made any substantive revisions to the 
final interim regulations, but has made minor, non-substantive 
revisions to correct typographical errors. In adopting these interim 
rules as final regulations, the Trust has considered the one comment it 
received on the final interim regulations. The comment received, 
including the name and address of the commenter, will be placed in the 
public record and made available for public inspection and copying.

III. Summary of Comment and Response

    The Trust received comments from one commenter, a Senior Historian 
with the NPS. It is not clear whether the commenter was writing on 
behalf of himself or the agency that employs him. This commenter wrote 
a one page letter dated August 27, 1998 concerning the definition of 
``cultural resource'' in Sec.  1001.4 of the regulations. The commenter 
objected to the definition on the grounds that it was limited to 
resources that are less than 50 years of age; instead, in his view, it 
should protect resources that are 50 years of age or older. In 
addition, the commenter noted that the final interim regulations did 
not contain a requirement limiting the height of construction to no 
more than two or three stories in Area B, in order to preserve the 
historic landscape, buildings, structures, sites and objects at the 
Presidio.
    The Trust's response to this comment regarding the definition of 
cultural resource is that this definition is identical to the 
definition used by the NPS in 36 CFR 1.4. With respect to the comment 
on construction height, the Trust referred the commenter to the Final 
General Management Plan Amendment for the Presidio of San Francisco and 
the accompanying Environmental Impact Statement. These documents 
established for new construction a height of 60 feet at the Letterman 
complex and 50 feet elsewhere in the Presidio. The Trust has not 
promulgated regulations on this topic.

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. This final rule will neither interfere with an 
action taken or planned by another agency nor raise new legal or policy 
issues. In short, little or no effect on the national economy will 
result from this final rule. This final rule also will not alter the 
budgetary impact of entitlements, grants, user fees, or loan programs 
or the rights and obligations of recipients of such programs. 
Therefore, it is not an economically significant rule and is not 
subject to review by the Office of Management and Budget under 
Executive Order 12866. Furthermore, this final rule is not a ``major 
rule'' under the Congressional review provisions of the Small Business 
Regulatory Enforcement Fairness Act, 5 U.S.C. sec. 801 et seq.
    The Trust has determined and certifies that, pursuant to the 
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., and Executive Order 
13272, this final rule will not have a significant economic effect on a 
substantial number of small entities.
    The Trust has determined that this final rule is not a 
``significant energy action'' as defined in Executive Order 13211 
because it is not likely to have a significant adverse effect on the 
supply, distribution, or use of energy.
    The Trust has analyzed this final rule in accordance with the 
principles and criteria contained in Executive Order 12630 and has 
determined that the final rule does not pose a risk of a taking of 
constitutionally protected private property.
    The Trust has determined and certifies that, pursuant to the 
Unfunded Mandates Reform Act, 2 U.S.C. sec. 1502 et seq., and Executive 
Order 12875, this final rule does not compel the expenditure of $100 
million or more in any given year on local, State, or tribal 
governments or private entities.
    This final rule conforms with the Federalism principles set out in 
Executive Order 13132 and would not impose any compliance costs on the 
States or have substantial direct effects on the States, on the 
relationship between the Federal Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. Therefore, it has been determined that this final rule does 
not have Federalism implications. Similarly, pursuant to Executive 
Order 13175, the Trust has determined that this final rule does not 
preempt tribal law or otherwise have implications for tribal 
governments.

Environmental Impact

    The Trust has determined that each of the actions described in this 
document is categorically excluded from further environmental review 
pursuant to 36 CFR 1010.7(a)(10) because they will have no significant 
impact, either individually or cumulatively, on the human environment.

Paperwork Reduction Act

    The information collection requirements of these final regulations, 
which are specified in sec. 1001.8, are coextensive with those of the 
existing NPS regulations, which have previously been approved by the 
Office of Management and Budget under 44 U.S.C. 3501 et seq.

Other Applicable Authorities

    The Presidio Trust has drafted and reviewed these final regulations 
in light of Executive Order 12988 and has determined that they meet the 
applicable standards provided in sections 3(a) and (b) of that order.

List of Subjects

36 CFR Part 1001

    National parks, Penalties, Public lands, Recreation and recreation 
areas.

36 CFR Part 1002

    National parks, Public lands, Recreation and recreation areas.

[[Page 10610]]

36 CFR Part 1004

    Bicycles, National parks, Public lands, Recreation and recreation 
areas, Traffic regulations.

36 CFR Part 1005

    Alcohol and alcoholic beverages, Business and industry, Civil 
rights, Equal employment opportunity, National parks.

Karen A. Cook,
General Counsel.

0
Accordingly, the interim final rule amending 36 CFR parts 1001, 1002, 
1004, and 1005, which was published at 63 FR 35694 on June 30, 1998, is 
adopted as final with the following changes:

PART 1002--RESOURCE PROTECTION, PUBLIC USE AND RECREATION

0
1. The authority citation for part 1002 continues to read as follows:

    Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb 
note).


0
2. Amend Sec.  1002.21 by revising paragraph (a) to read as follows:


Sec.  1002.21  Smoking.

    (a) The Board may designate a portion of the area administered by 
the Presidio Trust, or all or a portion of a building, structure or 
facility as closed to smoking when necessary to protect resources, 
reduce the risk of fire, or prevent conflicts among visitor use 
activities. Smoking in an area or location so designated is prohibited.
* * * * *

0
3. Amend Sec.  1002.22 by revising paragraph (a)(2) to read as follows:


Sec.  1002.22  Property.

    (a) * * *
    (2) Leaving property unattended for longer than 24 hours, except in 
locations where longer time periods have been designated or in 
accordance with conditions established by the Board.
* * * * *

0
4. Amend Sec.  1002.50 by revising paragraph (a) to read as follows:


Sec.  1002.50  Special events.

    (a) Sports events, pageants, regattas, public spectator 
attractions, entertainments, ceremonies, and similar events are 
allowed: Provided, however, There is a meaningful association between 
the area administered by the Presidio Trust and the events, and the 
observance contributes to visitor understanding of the significance of 
the area administered by the Presidio Trust, and a permit therefor has 
been issued by the Executive Director. A permit shall be denied if such 
activities would:
    (1) Cause injury or damage to resources of the area administered by 
the Presidio Trust; or
    (2) Be contrary to the purposes of the Presidio Trust Act; or
    (3) Unreasonably interfere with interpretive, visitor service, or 
other program activities, or with the administrative activities of the 
Presidio Trust or the National Park Service; or
    (4) Substantially impair the operation of public use facilities or 
services of Presidio Trust concessioners or contractors; or
    (5) Present a clear and present danger to the public health and 
safety; or
    (6) Result in significant conflict with other existing uses.
* * * * *

0
5. Amend Sec.  1002.51 by revising paragraph (a) to read as follows:


Sec.  1002.51  Public assemblies, meetings.

    (a) Public assemblies, meetings, gatherings, demonstrations, 
parades and other public expressions of views are allowed within the 
area administered by the Presidio Trust, provided a permit therefor has 
been issued by the Executive Director.
* * * * *
[FR Doc. 06-1964 Filed 3-1-06; 8:45 am]
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