[Federal Register Volume 72, Number 54 (Wednesday, March 21, 2007)]
[Proposed Rules]
[Pages 13224-13227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5112]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AD40


Special Regulations; Areas of the National Park System, National 
Capital Region

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service (NPS) proposes to add a regulation 
governing parking violations. The addition is needed to address 
situations in which the vehicle's operator is absent when the vehicle 
is illegally parked. The proposed amendment provides that a parking 
citation is subject to fine, allows the citation to name the registered 
owner if the operator is not present, and creates a rebuttable prima 
facie presumption that the registered owner of the illegally parked 
vehicle was the person who committed the violation. This proposed rule 
is similar to provisions in the parking laws of the District of 
Columbia, Virginia, and Maryland.

DATES: Comments must be received by May 21, 2007.

ADDRESSES: You may submit comments, identified by the number RIN 1024-
AD40, by any of the following methods:

--Federal rulemaking portal: http://www.regulations.gov Follow the 
instructions for submitting comments.
--E-mail Sean Doyle, Park Ranger, National Park Service at [email protected]. Use RIN 1024-AD40 in the subject line.
--Mail or hand delivery to Sean Doyle, Park Ranger, National Park 
Service National Capital Region, 1100 Ohio Drive SW., Room 236, 
Washington, DC 20242.
--Fax to: (202) 260-9582.

FOR FURTHER INFORMATION CONTACT: Jennifer Lee, Special Assistant, 1849 
C St., NW., Room 3319, Washington, DC 20240, [email protected], 
202-219-1689.

SUPPLEMENTARY INFORMATION: 

Background

    Parking violations on Federal parkland administered by the NPS in 
the National Capital Region are regulated by 36 CFR 4.12 (traffic 
control devices). This section provides that ``Failure to comply with 
the directions of a traffic control device is prohibited unless 
otherwise directed by the superintendent.'' Prohibitions included 
within 36 CFR 4.12 are violations of handicapped parking signs, no 
parking, parking times limitations, and parking outside of marked 
parking spaces. This regulation is routinely used by United States Park 
Police officers and National Park Service law enforcement commissioned 
rangers. When a citation is issued and the operator is not identified 
on the notice, it results in the violation being dismissed if the 
registered owner fails to appear at trial and the court declines to 
proceed.
    Parking spaces on parkland are limited in number and are intended 
to provide visitors with safe, convenient, and legal areas to park 
while they visit the parks. In urbanized areas of parks in the National 
Capital Region, violation

[[Page 13225]]

notices have been dismissed because the operator has not been 
identified. This is a concern as the U.S. Park Police have documented 
instances of operators repeatedly parking illegally without 
consequence, which denies others the ability to legally use the parking 
places.

Description of Proposed Rulemaking

    In response to this problem, the National Park Service proposes to 
amend the National Capital Region special regulations to establish an 
enforcement process for parking violation notices issued under 36 CFR 
4.12. The proposed rule:
    1. Provides that a parking violation notice is subject only to a 
fine;
    2. Provides that the violation notice will name the registered 
owner if the operator is not present; and
    3. Creates a prima facie presumption that the registered owner of 
the illegally parked vehicle was the person who committed the 
violation.
    The prima facie presumption, however, remains rebuttable if the 
owner comes forward with evidence that someone else was operating the 
vehicle. This proposed rule is similar to provisions that already exist 
in the parking laws of many jurisdictions, including the District of 
Columbia, Virginia, and Maryland (D.C. Code Ann. Sec.  50-2303.03(c) 
(2004); Va. Code Ann. Sec.  46.2-1220 (2004); Md. Trans. Code Ann. 
Sec.  26-302(b)(2002)).
    Prima facie presumption is a reasonable and standard provision 
found in parking codes of many jurisdictions. The connection between 
the registered owner of an automobile and its operation is a natural 
one. Indeed, courts have noted, not only the practical impossibility of 
a police agency to keep a watch over all parked vehicles to ascertain 
who in fact operates them, but that a traffic regulation's prima facie 
presumption of responsibility on the registered owner is reasonable, 
and places neither too great an inconvenience nor an unreasonable 
hardship if the owner desires to make an explanation. This presumption 
has been generally upheld by the courts if, as the Park Service 
proposes here, it also allows the owner to come forward with evidence 
that someone else was operating the vehicle in order to rebut the 
inference that the registered owner was responsible. Such parking 
regulation presumptions have also been upheld as consistent with due 
process.
    The National Park Service proposes to amend 36 CFR 7.96 by adding a 
new paragraph (f)(5), that provides that a violation of a traffic 
control device regulating parking under 36 CFR 4.12 is punishable by a 
fine. Proof that the described vehicle was parked in violation, 
together with proof that the defendant was at the time the registered 
owner of the vehicle, shall constitute a prima facie presumption that 
the registered owner of the vehicle was the person who committed the 
violation. This presumption allows the owner to come forward with 
evidence that someone else was operating the vehicle in order to rebut 
the presumption that the registered owner was responsible.

Compliance With Other Laws

Regulatory Planning and Review (Executive Order 12866)

    In accordance with the criteria in Executive Order 12866, the 
Office of Management and Budget makes the final determination as to the 
significance of this regulatory action and it has determined that this 
document is not a significant rule and is not subject to review by the 
Office of Management and Budget.
    (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. This rule will only affect those drivers who park 
illegally in areas administered by the National Park Service in the 
National Capital Region, and are issued a citation as a result. Based 
upon the number of parking violation citations currently being issued, 
and the nominal fine associated with a citation, there will not be an 
annual economic effect of $100 million or more. This rule will not 
adversely affect an economic sector, productivity, jobs, the 
environment, or other units of government since the rule will have no 
impact at all for those drivers parking legally in these areas.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. This rule 
will result in establishing consistency with other agencies' actions, 
since it is similar to provisions already existing in the parking laws 
of many jurisdictions, including District of Columbia, Virginia, and 
Maryland law.
    (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 has no effect on entitlements, grants, user 
fees, loan programs, or the rights and obligations of their recipients.
    (4) This rule does not raise novel legal or policy issues. The rule 
provides that a parking citation is subject only to a fine, that the 
citation will name the registered owner if the operator is not present, 
as well as create a prima facie presumption that the registered owner 
of the illegally parked vehicle was the person who committed the 
violation. The prima facie presumption, however, remains rebuttable if 
the owner comes forward with evidence that someone else was operating 
the vehicle. Since the prima facie presumption is both a reasonable and 
standard provision found in the parking codes of many jurisdictions, 
this rule will not raise novel legal or policy issues.

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.). 
The primary purpose of this rule is to establish consistency between 
the parking laws already existing in the local jurisdictions, and the 
parking laws in adjoining parklands administered by the National Park 
Service in the National Capital Region. There will not be a significant 
economic effect on a substantial number of small entities, since the 
rule will only affect those drivers who park illegally in areas 
administered by the National Park Service in the National Capital 
Region, and are issued a citation as a result. All parties have the 
ability to completely avoid any economic effect simply by parking 
legally in these areas.

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:
    a. Does not have an annual effect on the economy of $100 million or 
more. This rule will only affect those drivers who park illegally in 
areas administered by the National Park Service in the National Capital 
Region, and are issued a violation notice as a result. Based upon the 
number of parking violation notices currently being issued, and the 
nominal fine associated with a violation, there will not be an annual 
effect on the economy of $100 million or more.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. No costs will be incurred by any 
parties unless a parking violation is issued for parking illegally in 
areas administered by the National Park Service in the National Capital 
Region. All parties have the ability to

[[Page 13226]]

completely avoid any increase in cost simply by parking legally in 
these areas.
    c. 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. The 
primary purpose of this rule is to establish consistency between the 
parking laws already existing in the local jurisdictions, and the 
parking laws in adjoining parklands administered by the National Park 
Service in the National Capital Region. This rule will not change the 
ability of United States based enterprises to compete in any way.

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. This rule does not 
impose any unfunded mandate on industry, state, local or tribal 
governments, or the private sector. This rule applies only to Federal 
parkland administered by the National Park Service in the National 
Capital Region, and no costs will be incurred by any parties unless a 
parking violation notice is issued for parking illegally in these 
areas. This rule will establish consistency between the parking laws 
already existing in the local jurisdictions, and the parking laws in 
adjoining lands administered by the National Park Service in the 
National Capital Region. As a result, there will not be any 
``significant or unique'' affect on State, local or tribal governments 
or the private sector.

Takings (Executive Order 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. Since this rule does not apply to 
private property, or cause a compensable taking, there are no takings 
implications.

Federalism (Executive Order 13132)

    In accordance with Executive Order 13132, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. The provisions of this rule apply to land under 
the jurisdiction of the United States. This rule does not relate to the 
structure and role of the States, nor will it have direct, substantial, 
and significant effects on States. This rule imposes no requirements on 
any governmental entity other than the National Park Service.

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 is 
not required. An OMB form 83-I is not required.

National Environmental Policy Act

    We have analyzed the proposed rule in accordance with the criteria 
of the National Environmental Policy Act and 516 DM. It does not 
constitute a major Federal action significantly affecting the quality 
of the human environment, and can be Categorically Excluded under NPS 
exclusion 3.4 A (8) ``Modifications or revisions to existing 
regulations, or the promulgation of new regulations for NPS-
administered areas, provided the modifications, revisions, or new 
regulations do not:
    (a) Increase public use to the extent of compromising the nature 
and character of the area or cause physical damage to it.
    (b) Introduce non-compatible uses that might compromise the nature 
and characteristics of the area or cause physical damage to it.
    (c) Conflict with adjacent ownerships or land uses.
    (d) Cause a nuisance to adjacent owners or occupants.''

Government-to-Government Relationship With Tribes

    In accordance with 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 have determined that there are no potential effects. As this 
rule only applies to parkland administered by the National Park Service 
in the National Capital Region, there will not be any effect on 
Federally recognized Indian tribes.

Clarity of Rule

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this rule easier to understand, including answers to questions such as 
the following: (1) Are the requirements in the rule clearly stated? (2) 
Does the rule contain technical language or jargon that interferes with 
its clarity? (3) Does the format of the rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity? (4) Would the rule be easier to read if it were divided into 
more, but shorter sections? (5) Is the description of the rule in the 
SUPPLEMENTARY INFORMATION section of the preamble helpful in 
understanding the proposed rule? What else could we do to make the rule 
easier to understand?
    Send a copy of any comments that concern how we could make this 
rule easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240.
    Drafting Information: The primary authors of this regulation were 
Sean Doyle, Park Ranger, National Park Service, National Capital 
Region, and Jerry Case and Jennifer Lee, Regulations Program, WASO.
    Public Participation: If you wish to comment, you may submit your 
comments by any one of several methods. You may mail or hand deliver 
comments to Sean Doyle, National Park Service, National Capital Region, 
1100 Ohio Drive SW, Room 236, Washington, DC 20242, or fax to (202) 
260-9582. Comments may also be submitted on the Federal rulemaking 
portal: http://www.regulations.gov. Follow the instructions for 
submitting comments, and identify comments by RIN 1024-AD40. You may 
also submit comments by e-mail to [email protected]. Use RIN 1024-
AD40 in the subject line.
    Public Availability of Comments: Before including your address, 
phone number, e-mail address, or other personal identifying information 
in your comments, you should be aware that your entire comment--
including your personal identifying information--may be made publicly 
available at any time. While you can ask us in your comment to withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so.

List of Subjects in 36 CFR Part 7

    Parking violation notice, prima facie presumption, traffic control 
device.

    For reasons stated in the preamble, the National Park Service 
proposes to amend 36 CFR Part 7 as follows:

[[Page 13227]]

PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

    1. The authority 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 D.C. Code 40-721 (1981).

    2. Add new paragraph (f)(5) to Sec.  7.96 to read as follows:


Sec.  7.96  National Capital Region.

* * * * *
    (f) * * *
    (5) Parking. Violation of a traffic control device regulating 
parking is punishable by fine. In any violation of a traffic control 
device regulating parking, proof that the described vehicle was parked 
in violation, together with proof that the defendant was at the time 
the registered owner of the vehicle, shall constitute a prima facie 
presumption that the registered owner of the vehicle was the person who 
committed the violation.
* * * * *

    Dated: February 9, 2007.
David M. Verhey,
Acting Assistant Secretary for Fish and Wildlife and Parks.
 [FR Doc. E7-5112 Filed 3-20-07; 8:45 am]
BILLING CODE 4310-70-P