[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Proposed Rules]
[Pages 39985-39988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17025]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-LACH-18360; PPPWNOCAM3 PPMOMFO1Z.F00000]
RIN 1024-AE09


Special Regulations, Areas of the National Park System, Lake 
Chelan National Recreation Area, Solid Waste Disposal

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service proposes to authorize a solid waste 
transfer station near Stehekin, Washington, within the boundary of Lake 
Chelan National Recreation Area, that does not meet all regulatory 
siting criteria and accepts solid waste generated within the boundary 
of the recreation area from non-NPS activities. The proposed rule would 
authorize this transfer station, notwithstanding certain restrictions 
found in the general regulations governing solid waste disposal sites 
in units of the National Park System.

DATES: Comments must be received by 11:59 p.m. EST on October 13, 2015.

ADDRESSES: You may submit comments, identified by Regulation Identifier 
Number (RIN) 1024-AE09, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail or hand deliver to: National Park Service, North 
Cascades National Park Complex, 810 State Route 20, Sedro-Woolley, WA 
98284, Attn: Kerri L. Cook, Facility Operations Specialist.
    Instructions: All submissions received must include the words 
``National Park Service'' or ``NPS'' and the docket number or RIN 
(1024-AE09) for this rulemaking. Comments received will be posted 
without change to http://www.regulations.gov, including any personal 
information provided. The NPS need not consider comments that it 
receives after the end of the comment period (see DATES) or comments 
delivered using a method that is not listed above (see ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Kerri L. Cook, Facility Operations 
Specialist, National Park Service, North Cascades National Park 
Complex, 810 State Route 20, Sedro-Woolley, WA 98284; (360) 854-7280. 
Email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On December 22, 1994, the National Park Service (NPS) adopted the 
regulations codified at 36 CFR part 6 to implement a statutory 
requirement of Public Law 98-506 (54 U.S.C. 100903) (Act), which was 
enacted in 1984. The Act prohibits the operation of a solid waste 
disposal site within the boundary of any unit of the National Park 
System except for those operating as of September 1, 1984, or those 
``used only for disposal of wastes generated within that unit of the 
park system so long as such site will not degrade any of the natural or 
cultural resources of such park unit.'' The Act directed the Secretary 
of the Interior to promulgate regulations ``to carry out the provisions

[[Page 39986]]

of this subsection, including reasonable regulations to mitigate the 
adverse effects of solid waste disposal sites in operation as of 
September 1, 1984, upon property of the United States.''
    36 CFR part 6 regulates both existing and new solid waste disposal 
sites within the boundaries of any unit of the National Park System to 
ensure that operation of such sites will not degrade the natural or 
cultural resources of the park unit. Transfer stations are included in 
the definition of ``solid waste disposal site'' in Sec.  6.3 and are 
therefore subject to 36 CFR part 6.
    Section 6.4(a) prohibits any person (including NPS) from operating 
a new solid waste disposal site within the boundaries of a park unit 
unless the criteria in Sec.  6.4(a) are met. Section 6.4(a)(1) requires 
that the solid waste handled by the site is generated solely from 
``National Park Service activities,'' defined in Sec.  6.3 as 
``operations conducted by the National Park Service or a National Park 
Service contractor, concessionaire or commercial use licensee.'' 
Section 6.4(a)(9) requires that ``the site is not located within one 
mile of a National Park Service visitor center, campground, ranger 
station, entrance station, or similar public use facility, or a 
residential area.'' Section 6.4(a)(10) requires that the site is not 
detectable by public sight, sound, or odor from a scenic vista, a 
public use facility, a designated or proposed wilderness area, a site 
listed on (or eligible for listing on) the National Register of 
Historic Places, or a public road. Section 6.8(a) prohibits the NPS 
from accepting waste at an NPS operated solid waste disposal site, 
except for waste generated by NPS activities.

Proposed Rule

    The NPS proposes a park-specific regulation in 36 CFR 7.62 to 
authorize a limited exception to the part 6 requirements described 
above. The proposed rule would authorize an NPS transfer station on 
federal lands near Stehekin, Washington, within the boundary of Lake 
Chelan National Recreation Area (LACH or park), that does not satisfy 
all of the siting requirements in part 6 and that accepts non-NPS waste 
generated by the Stehekin community. The need for this proposed 
regulation is explained below.
    Stehekin is a remote community of approximately 75 year-round plus 
80 seasonal residents, located on privately owned land within the 
statutory boundary of LACH. Stehekin is located at the head of 55-mile-
long Lake Chelan and is accessible only by boat, float plane, or foot 
trail. Non-NPS services and facilities in Stehekin include seasonal 
lodging, food operations, and other small businesses that help support 
35,000-45,000 park visitors annually. NPS operates the only facility in 
the Stehekin Valley for the management of solid waste. Waste 
consolidated at the NPS transfer station is shipped by barge 55 miles 
down the lake for ultimate disposal. Geographically isolated private 
residents and businesses in Stehekin have no feasible method of 
properly disposing solid waste other than the NPS transfer station. 
Consequently, NPS has for many years accepted Stehekin community waste 
in its transfer station to deter small dumps on private lands and 
illegal dumping on public lands. Although the Act does not prohibit NPS 
from receiving Stehekin waste, this waste does not qualify as waste 
generated from ``National Park Service activities'' under the existing 
regulations, so the current practice of accepting waste from Stehekin 
at the existing NPS transfer station conflicts with Sec. Sec.  
6.4(a)(1) and 6.8(a) of 36 CFR part 6.
    The existing NPS transfer station is located within the 100-year 
floodplain and is part of a larger maintenance facility that is being 
relocated outside of the Stehekin River floodplain due to frequent 
flooding.\1\ The NPS seeks to build a new transfer station at the site 
of the new maintenance facility in a more environmentally suitable 
location within LACH but outside the 100-year floodplain. The NPS has 
determined that there is no available or suitable nonfederal land, and 
a limited amount of buildable federal land, outside the floodplain in 
the lower Stehekin River valley.\2\ The NPS has also determined that, 
due to geographic constraints, there are no suitable locations for the 
new transfer station that comply with the site location requirements in 
Sec.  6.4(a)(9) and (10). Specifically, like the existing maintenance 
facility and transfer station, the proposed site of the new transfer 
station: (i) Is located within one mile of a campground (Harlequin 
Campground) and residential housing; (ii) will likely be visible from 
scenic vistas and off-trail areas in designated wilderness areas; (iii) 
may be heard from a campground (Harlequin Campground); and (iv) may be 
detectable by sight, sound, or odor from a road open to public travel.
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    \1\ For more information about flooding in the Stehekin River 
Channel Migration Zone and plans to move the existing maintenance 
facility, see the Stehekin River Corridor Implementation Plan and 
Final Environmental Impact Statement (FEIS) which can be viewed at 
the park's planning Web site, http://www.nps.gov/noca/parkmgmt/planning.htm, then click on the link entitled ``Stehekin River 
Corridor Implementation Plan/Environmental Impact Statement 
(2012).''
    \2\ See the Replacement of Administrative Facilities at Stehekin 
Environmental Assessment that tiers off the 2012 FEIS and 
specifically evaluates what facilities would be constructed and 
precisely where they would be located. This document can be viewed 
at http://parkplanning.nps.gov/SMFRP by clicking on ``Document 
List.''
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    The NPS has determined that in these unique circumstances, it would 
best protect park resources to allow the NPS transfer station, whether 
at the existing or proposed location, to accept waste generated by the 
community of Stehekin, notwithstanding the prohibition on accepting 
non-NPS waste in Sec. Sec.  6.4(a)(1) and 6.8(a) and the siting 
criteria in Sec.  6.4(a)(9) and (10). Due to its geographic isolation, 
the community of Stehekin has no environmentally responsible or 
practicable alternative for the disposal of its waste, much of which is 
generated by the provision of essential services to thousands of park 
visitors each year. Prohibiting this community from using the existing 
or proposed NPS transfer station could result in the illegal disposal 
of waste on park lands, or other disposal practices which would degrade 
the natural resources of LACH. In this exceptional situation, accepting 
non-NPS-generated waste for transfer and ultimate disposal outside the 
park boundary would pose significantly fewer environmental land use 
concerns than other alternatives. This determination is supported by 
the analysis contained in the November 2014 Replacement of 
Administrative Facilities at Stehekin Environmental Assessment (EA), 
which examined the environmental impacts of the continued operation of 
the existing NPS transfer station and the construction and operation of 
the new transfer station, which will employ contemporary environmental 
methods for handling waste.
    The NPS promulgates a special regulation to authorize an exception 
to a prohibition found in a general regulation only in limited 
circumstances. The only other exceptions to the part 6 requirements 
have been granted by special regulation for Alaskan parks under similar 
circumstances, where geographically isolated communities have no 
feasible alternative for solid waste disposal that complies with the 
part 6 requirements. The proposed rule would accommodate the 
exceptional circumstances of the Stehekin community, which is located 
in a remote area within the boundary of LACH and which has no other 
practicable options for environmentally responsible solid-waste 
disposal. It is designed only to authorize the operation of the 
existing transfer station and the proposed transfer station at the

[[Page 39987]]

locations identified in the EA, which the NPS believes would best 
protect park resources based upon the analysis contained in the EA. All 
other requirements in part 6 would remain in effect and apply to the 
existing and new NPS transfer station, including the requirement in 
Sec.  6.4(a)(3) that the site of the existing and new facility ``will 
not degrade any of the natural or cultural resources'' of LACH. The 
proposed rule is consistent with the Act, which does not prohibit solid 
waste disposal sites from handling waste generated by non-NPS 
activities provided the waste is generated within a park unit and will 
not degrade any of the park unit's natural or cultural resources. The 
proposed rule does not supersede or replace other requirements 
applicable to solid waste disposal sites, including the requirement 
(unless there is an approved waiver) in Director's Order #35B (Sale of 
National Park Service Produced Utilities) that NPS recover the cost of 
utilities (including the collection and disposal of solid waste) 
provided to non-NPS users.
    Under these circumstances, the NPS has determined that the 
exceptions to part 6 in the proposed rule are necessary and would 
protect park resources by authorizing the NPS to accept solid waste 
generated by the community of Stehekin in the existing and proposed 
transfer stations.

Compliance With Other Laws, Executive Orders, and Departmental Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. OIRA has determined that this proposed 
rule is not significant.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. The executive order directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. It emphasizes further that 
regulations must be based on the best available science and that the 
rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this proposed rule in a manner 
consistent with these requirements.

Regulatory Flexibility Act

    This rulemaking 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.). This certification is based on the benefit-
cost and regulatory flexibility analyses found in the report entitled 
``Benefit-Cost and Regulatory Flexibility Analyses: Solid Waste 
Management at Lake Chelan National Recreation Area'' which can be 
viewed online at http://parkplanning.nps.gov/SMFRP by clicking the link 
entitled ``Document List.''

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This proposed rule is not a major rule under 5 U.S.C. 804(2), the 
SBREFA. This proposed rule:
    a. Does not have 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.
    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.

Unfunded Mandates Reform Act

    This proposed 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 proposed rule does not have a significant or 
unique effect on State, local, or tribal governments or the private 
sector. A statement containing the information required by the Unfunded 
Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.

Takings (Executive Order 12630)

    This proposed rule does not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630. A 
takings implication assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, this 
proposed rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism summary impact statement. A 
Federalism summary impact statement is not required.

Civil Justice Reform (Executive Order 12988)

    This proposed 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.

Consultation With Indian Tribes (E.O. 13175 and Department Policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian Tribes and recognition of their 
right to self-governance and tribal sovereignty. We have evaluated this 
proposed rule under the criteria in Executive Order 13175 and under the 
Department's tribal consultation policy and have determined that tribal 
consultation is not required because the proposed rule will have no 
substantial direct effect on federally recognized Indian tribes.
    In May and July 2014, the NPS sent letters to the Tribal Historic 
Preservation Officers for the Colville Confederated Tribes and the 
Confederated Tribes and Bands of the Yakama Nation inviting comment 
regarding the inventory, evaluation, and finding of no effect on 
cultural resources within the project area. This encompasses the 
relocation of all maintenance facilities, including the transfer 
station, as proposed in the preferred alternative (Alternative 2) in 
the EA. These tribes did not identify any significant concerns related 
to the project.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This proposed rule does not contain information collection 
requirements, and a submission to the Office of Management and Budget 
under the Paperwork Reduction Act is not required. We may not conduct 
or sponsor and you are not required to respond to a collection of 
information unless it displays a currently valid OMB control number.

National Environmental Policy Act of 1969 (NEPA)

    We have prepared an environmental assessment to determine whether 
this rulemaking will have a significant impact on the quality of the 
human environment under NEPA. This

[[Page 39988]]

proposed rule would implement part of the preferred alternative 
(Alternative 2) in the EA that is referenced above and available online 
at http://parkplanning.nps.gov/SMFRP by clicking on ``Document List.''

Effects on the Energy Supply (Executive Order 13211)

    This proposed 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

    The NPS is required by Executive Orders 12866 (section 1(b)(12)), 
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), 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 common, everyday words and 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 ADDRESSES section above. To 
better help us revise this proposed 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.

Drafting Information

    The primary author of this proposed regulation is Jay Calhoun, 
Regulations Program Specialist, Division of Regulations, Jurisdiction, 
and Special Park Uses, National Park Service, 1849 C Street NW., 
Washington, DC 20240.

Public Participation

    It is the policy of the Department of the Interior, whenever 
practicable, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons may submit written 
comments regarding this proposed rule by one of the methods listed in 
the ADDRESSES section above.

Public Availability of Comments

    Before including your address, phone number, email 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.

List of Subjects in 36 CFR Part 7

    National parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, NPS proposes to amend 36 CFR 
part 7 as follows:

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

0
1. The authority citation for part 7 continues to read as follows:

    Authority:  54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also 
issued under DC Code 10-137 and DC Code 50-2201.07.

0
2. In Sec.  7.62, add paragraph (d) as follows:


Sec.  7.62  Lake Chelan National Recreation Area.

* * * * *
    (d) Solid waste disposal. A solid waste transfer station located 
near Stehekin within the boundary of Lake Chelan National Recreation 
Area must comply with all provisions in 36 CFR part 6, except it may:
    (1) Accept solid waste generated within the boundary of the park 
unit that was not generated by National Park Service activities;
    (2) Be located within one mile of a campground or a residential 
area;
    (3) Be visible by the public from scenic vistas or off-trail areas 
in designated wilderness areas;
    (4) Be detectable by the public by sound from a campground; and
    (5) Be detectable by the public by sight, sound, or odor from a 
road open to public travel.

    Dated: July 1, 2015.
Michael Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2015-17025 Filed 7-10-15; 8:45 am]
 BILLING CODE 4310-EJ-P