[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)]
[Rules and Regulations]
[Pages 74988-74991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30349]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-LACH-19666; 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: Final rule.

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SUMMARY: The National Park Service is authorizing a solid waste 
transfer station near Stehekin, Washington, within the boundary of Lake 
Chelan National Recreation Area, that does not meet all the siting 
criteria of the general National Park Service regulations and accepts 
solid waste generated within the boundary of the recreation area from 
non-National Park Service activities.

DATES: This rule is effective December 31, 2015.

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 
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 
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.''
    The general regulations at 36 CFR part 6 ordinarily control 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.

Final Rule

    The NPS is promulgating a park-specific regulation in 36 CFR 7.62 
to authorize a limited exception to the general regulations described 
above. The rule authorizes an NPS transfer station on federal lands 
near Stehekin,

[[Page 74989]]

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 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. The 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. The geographically isolated 
private residents and businesses in Stehekin have no feasible method of 
properly disposing solid waste other than at the NPS transfer station. 
Consequently, the 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 the 
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 36 CFR 6.8(a).
    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 and 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 will 
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 will 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) and 
the August 2015 Finding of No Significant Impact (FONSI), which examine 
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 rule accommodates the circumstances of the 
Stehekin community which is located in a remote area within the 
boundary of LACH and 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 locations identified in the EA, which 
the NPS believes will best protect park resources based upon the 
analysis contained in the EA. All other requirements in part 6 will 
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 rule is consistent with the Act, 
which does not prohibit new solid waste disposal sites from handling 
waste generated by non-NPS activities within a park unit provided that 
the site will not degrade any of the park unit's natural or cultural 
resources. The rule does not supersede or replace other requirements 
applicable to solid waste disposal sites, including the policy (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 rule are appropriate and the sites will not 
degrade the park's natural or cultural resources.

Summary of Public Comments

    The NPS published the proposed rule at 80 FR 39985 (July 13, 2015). 
The NPS accepted comments through the mail, hand delivery, and the 
Federal eRulemaking Portal at http://www.regulations.gov. Comments were 
accepted through October 13, 2015.The NPS also held public workshops to 
discuss the proposed rule on October 7 in Wenatchee and on October 8 in 
Stehekin. The NPS did not receive any comments on the proposed rule. 
The NPS has not made any changes to the proposed rule.

[[Page 74990]]

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 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 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 rule is not a major rule under 5 U.S.C. 804(2), the SBREFA. 
This 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 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. 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 rule does not effect 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 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 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 
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 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 concerns related to the 
project.

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

    This 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)

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the NEPA is not required because we reached a Finding of No 
Significant Impact. This rule implements part of the preferred 
alternative (Alternative 2) in the EA, which is the selected 
alternative in the FONSI. The EA and FONSI are 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 rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects is not 
required.

Drafting Information

    The primary author of this 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.

List of Subjects in 36 CFR Part 7

    National parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, the NPS amends 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 D.C. Code 10-137 and D.C. Code 50-2201.07.


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

[[Page 74991]]

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: November 19, 2015.
Karen Hyun,
Acting Principal Deputy Assistant Secretary for Fish and Wildlife and 
Parks.
[FR Doc. 2015-30349 Filed 11-30-15; 8:45 am]
 BILLING CODE 4310-EJ-P