[Federal Register Volume 74, Number 192 (Tuesday, October 6, 2009)]
[Rules and Regulations]
[Pages 51237-51240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24020]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AD79


Special Regulations; Areas of the National Park System

AGENCY: National Park Service.

ACTION: Interim rule with request for comments.

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SUMMARY: The National Park Service (NPS) is closing the historic 
residence of President of the United States Truman at the Harry S 
Truman National Historic Site to all public use through May 30, 2010. 
This action is necessary because the house is undergoing major repairs 
and restoration. All furniture and artifacts that are key to 
interpretive tours for the public will be removed for the project to 
protect them. The restoration and repair activities will also create 
conditions that are a hazard to the public health and safety. Closure 
of the home will allow completion of a process that will restore to 
original appearance and protect and conserve the historic home of 
President Truman and its contents.

DATES: Effective Date: October 6, 2009.
    Comment Date: November 5, 2009.

ADDRESSES: You may submit comments, identified by the number 1024-AD79, 
by any of the following methods:

--Federal rulemaking portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
--Mail: National Park Service, Larry Villalva, Superintendent, Harry S 
Truman National Historic Site, 223 North Main Street, Independence, MO 
64050.

    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
rulemaking. All comments received will be posted without change to 
http://www.regulations.gov, including any personal information 
provided.

FOR FURTHER INFORMATION CONTACT: Superintendent Larry Villalva, at 
Harry

[[Page 51238]]

S Truman National Historic Site. Telephone 816-254-2720.

SUPPLEMENTARY INFORMATION: 

Background

    The Truman Home's construction and conservation projects are part 
of the National Park Service Centennial Initiative, which was 
introduced in May 2007. The initiative is a 9-year plan to improve 
facilities and services in the National Park Service for the 100th 
anniversary of the agency in 2016. One of the main goals of the 
initiative is stewardship of natural and cultural resources in our 
National Parks, including rehabilitation, restoration and maintenance 
of treasured cultural resources such as the Truman Home. The home is a 
Victorian style mansion which was built in 1867 and became part of the 
National Park System in 1983. It served as the residence and home of 
Harry S Truman, 33rd President of the United States, from 1919 until 
his death in 1972.
    During the park closure, four projects will be completed: 
installation of a new HVAC system, installation of a fire suppression 
system, repair of structural deficiencies, and rehabilitation of walls, 
ceilings and historic wall covering materials. Prior to the these 
construction projects, the historic furniture and furnishings within 
the home's first and second story will be removed and placed in 
curatorial storage. The first floor rooms which normally are visited by 
the public during interpretive tours will require their furniture to 
also be removed in order to protect the items from accidental damage by 
moving equipment into or out of various work locations within the 
house, and in order to protect the artifacts from fine dust caused by 
construction activities and other potential falling ceiling debris.
    The furniture removal is a very concise process involving detailed 
photography and mapping documentation in order to insure that each item 
is returned to its exact original location upon completion of the work.
    Historic wallpaper has been removed from the dining room and 
upstairs bedroom areas for cleaning, repairing, and reinstallation by a 
paper conservator. Plaster located in many areas throughout the home 
has failed as a result of deterioration and exposure to moisture which 
caused ceilings to buckle, and walls to either bulge or crack.
    The existing HVAC system installed in 1985 is failing to maintain a 
stable environment in the Truman Home. This compromises the longevity 
of not only the homes infrastructure, but also the thousands of 
artifacts on exhibit and in storage within the home. Plans include 
installation of three HVAC units to stabilize the interior environment. 
This project requires removal of flooring on the second floor and attic 
to install ductwork. With the floor cavities open a fire suppression 
system will be installed.
    Suspension of tours of the home for the visiting public during the 
construction period is justified in order to allow the construction to 
proceed efficiently, to prevent public exposure to construction 
activities and noise, as well as fine particulates and falling debris, 
and the danger of the movement of equipment in and out of the 
structure.
    There will be some minor effect on a few small businesses in the 
area but there is no way to avoid it. The remainder of the park will 
remain open throughout the year and the NPS will offer the public other 
programs which will be conducted on the Truman Home grounds and at 
other nearby Truman related sites. Closure of the Truman Home cannot be 
avoided without compromising the quality and cost of renovation of the 
home.
    It is necessary for the regulation to become effective upon 
publication in order to allow necessary construction activities 
scheduled to proceed. Comments are being accepted for a period of 30 
days in order to address questions or requests for additional 
information from the readers.

Drafting Information

    The following persons participated in the writing of this 
regulation: Larry Villalva, Superintendent, Harry S Truman National 
Historic Site, Carol Dage, Curator, Harry S Truman National Historic 
Site, James Loach, Associate Regional Director, Midwest Regional 
Office, Omaha, Nebraska and Philip Selleck, Chief, Regulations and 
Special Park Uses, NPS, Washington, DC.

Compliance With Other Laws

Paperwork Reduction Act

    This rule contains no information collection requirements which 
require approval by the Office of Management and Budget under 44 U.S.C. 
3501 et seq.

Regulatory Planning and Review (Executive Order 12866)

    This document is not a significant rule and the Office of 
Management and Budget has not reviewed this rule under Executive Order 
12866. We have made the assessments required by E.O. 12866 and the 
results are given below.
    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. The area 
proposed to be restricted through this rulemaking is being closed only 
during the Truman Home repair, preservation and protection construction 
activities stabilizing the structure, replacing the HVAC systems and 
adding a fire suppression system.
    2. This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. The 
closure is confined to one building located within a unit of the 
National Park System, which is neither managed nor occupied by any 
other agency.
    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. The rule is confined to a closure for public safety 
and protection of the historic resource, and does not regulate any 
financial programs or matters.
    4. This rule does not raise novel legal or policy issues. Closure 
of a historic structure for restoration is a normal procedure for 
assuring public safety, minimizing interruption of the restoration 
process, and protection of the building and contents while construction 
is ongoing.

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 economic effects of this rule are local in nature and negligible in 
scope. The primary purpose of this rule is to close the Truman Home 
during preparation and completion of necessary construction activities. 
The restriction is necessary in order to allow the construction to 
proceed and protect the public from the hazards associated with that 
construction

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 who will not be able to visit 
the interior of the Truman Home during the closure.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, federal, state, or

[[Page 51239]]

local government agencies, or geographic regions. There will be no 
costs associated with this closure.
    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 regulation is to implement a closure to allow 
necessary construction activities to proceed safely and efficiently in 
order to carry out the protection and preservation of the Truman Home 
structure. 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. The restrictions 
under this regulation do not have a significant effect or impose an 
unfunded mandate on any agency or on the private sector. This rule 
applies only to federal parkland administered by the National Park 
Service at Truman Home, and no costs will be incurred by any non-
federal parties.

Takings (Executive Order 12630)

    Under the criteria in Executive Order 12630, this rule does not 
have significant takings implications. This rule does not apply to 
private property, or cause a compensable taking, so 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. This regulation will not have a substantial 
direct effect on the states, or on the distribution of power and 
responsibilities among the various levels of government. The rule 
addresses public access to the Truman Home structure at Harry S Truman 
National Monument. The affected land is under the administrative 
jurisdiction of the National Park Service.

Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule:
    a. Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    b. Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards

National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 is not required 
because the rule is covered by a categorical exclusion.
    The Interim Guidance for NPS Director's Order 12 contains a listing 
of Categorical Exclusions. Section 3.4 (C)(4) of that guidance provides 
that ``repairs to cultural resource sites, structures, utilities and 
grounds'' are categorically excluded ``if the action would not 
adversely affect the cultural resource''. Completion of an 
environmental screening form disclosed that the adoption of this 
regulation would result in no measurable adverse environmental effects. 
In compliance with terms of the National Historic Preservation Act, we 
executed a Section 106 clearance, recording it on the ``XXX'' form. 
Copies of the clearance can be obtained through the park 
superintendent, as listed under the FOR FURTHER INFORMATION CONTACT 
section.
    We have also determined that the rule does not involve any of the 
extraordinary circumstances listed in 43 CFR 46.215 that would require 
further analysis under the National Environmental Policy Act. As such, 
a categorical exclusion is the appropriate form of NEPA compliance for 
this regulatory action.

Government-to-Government Relationship With Tribes

    Under the criteria in Executive Order 13175, we have evaluated this 
rule and determined that it has no potential effects on federally 
recognized Indian tribes. This interim rule is temporary, is limited to 
the closure of the Truman house, does not affect any other area of the 
park, and does not involve items or interests of federally recognized 
Indian tribes.

Information Quality Act

    In developing this rule we did not conduct or use a study, 
experiment, or survey requiring peer review under the Information 
Quality Act (Pub. L. 106-554).

Effects on the Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects is not 
required.

Clarity of This Regulation.

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    a. Be logically organized;
    b. Use the active voice to address readers directly;
    c. Use clear language rather than jargon;
    d. Be divided into short sections and sentences; and
    e. Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that you find unclear, which sections or sentences are 
too long, the sections where you feel lists or tables would be useful, 
etc.

Public Availability of Comments

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, 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.
    Drafting Information: The primary authors of this rule are: Larry 
Villalva, Superintendent, Harry S Truman Home; James Loach, Associate 
Regional Director, Midwest Regional Office, NPS, Omaha, NE, and Philip 
Selleck, Chief, Regulations and Special Park Uses, NPS, Washington, DC.

List of Subjects in 36 CFR Part 7

    National Parks, Reporting and recordkeeping requirements.


0
For the reasons stated in the preamble, the National Park Service 
amends 36 CFR part 7 as follows:

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

0
1. The authority for part 7 is revised to read as follows:

    Authority:  16 U.S.C. 1, 3, 9a, 462(k); Sec. 7.96 also issued 
under DC Code 10-137 (2001) and DC Code 50-2201 (2001).


0
2. Add Sec.  7.94 to read as follows:

[[Page 51240]]

Sec.  7.94  Harry S Truman National Historic Site.

    The Truman Home structure at Harry S Truman National Historic Site 
is closed to all public use and access until June 1, 2010.

    Dated: September 24, 2009.
Will Shafroth,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E9-24020 Filed 10-5-09; 8:45 am]
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