[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)]
[Proposed Rules]
[Pages 8959-8961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04247]



National Park Service

36 CFR Part 2

RIN 1024-AE44

Transporting Bows and Crossbows Across National Park System Units

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.


SUMMARY: The National Park Service proposes to allow individuals to 
carry or possess a bow or crossbow within the National Park System when 
accessing otherwise inaccessible lands or waters contiguous to a park 
area when other means of access are otherwise impracticable or 

DATES: Comments on the proposed rule and the notice of determination 
must be received by 11:59 p.m. EST on May 1, 2018.

ADDRESSES: You may submit comments, identified by Regulation Identifier 
Number (RIN) 1024-AE44, by either of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail or hand deliver to: NPS Regulations Program Office; 
1849 C Street NW, MS-2472, Washington, DC 20240.
     Instructions: Comments will not be accepted by fax, email, 
or in any way other than those specified above. All submissions 
received must include the words ``National Park Service'' or ``NPS'' 
and must include the docket number or RIN (1024-AE44) for this 
rulemaking. Comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
     Docket: For access to the docket to read background 
documents or comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jay Calhoun, NPS Regulations Program,

[[Page 8960]]

1849 C Street NW, Washington, DC 20240. Phone: (202) 513-7112. Email: 
[email protected].



    National Park Service (NPS) regulations at 36 CFR 2.4(b)(3) allow 
bows and crossbows that are not ready for immediate use to be possessed 
by individuals in NPS-administered areas within a mechanical mode of 
conveyance. This provides regulatory relief for transient individuals 
passing through park areas in vehicles and other forms of mechanical 
transport. This proposed rule would extend this relief to individuals 
transporting bows and crossbows on foot or horseback when accessing 
otherwise inaccessible lands or waters contiguous to a park area when 
other means of access are otherwise impracticable or impossible. 
Possessing bows and crossbows in this manner would be subject to 
applicable state laws and would not be allowed if the individual is 
otherwise prohibited by law from possessing a bow or crossbow.
    This rule would recognize and address the difficulties faced by 
some individuals attempting to access private property or other lands 
and waters adjacent to NPS-administered areas. In some cases, the use 
of mechanical transport to access these adjacent lands and waters is 
impracticable. As a result, individuals must traverse NPS areas on foot 
or horseback to reach these lands and waters but under existing 
regulations cannot do so with bows and crossbows without first 
obtaining a permit from the park Superintendent. This rule would remove 
the permit requirement in order to carry or possess bows or crossbows 
for this purpose. This rule would not change the regulations in 36 CFR 
part 2 governing the use of a bow or crossbow in park areas.

Compliance With Other Laws, Executive Orders and Department Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget will review 
all significant rules. The Office of Information and Regulatory Affairs 
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. Executive Order 13563 
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. The NPS has developed this 
rule in a manner consistent with these requirements.

Reducing Regulation and Controlling Regulatory Costs (Executive Order 

    This rule is an E.O. 13771 deregulatory action because, once 
finalized, it would impose less than zero costs by removing a 
regulatory permit requirement that imposes unnecessary costs upon 
individuals seeking to safely access remote lands and waters. The costs 
associated with the requirement to obtain a permit before transporting 
a bow or crossbow across NPS lands or waters outside of a mechanical 
conveyance would be eliminated.

Regulatory Flexibility Act

    This rule 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 information 
contained in the economic analyses found in the report entitled 
``Benefit-Cost and Regulatory Flexibility Analyses: Cost-Benefit and 
Regulatory Flexibility Analyses:
    Transporting Bows and Crossbows Across National Park System Units'' 
that is available to the public upon request.

Small Business Regulatory Enforcement Fairness Act

    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.
    (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. It addresses public 
use of national park lands, and imposes no requirements on other 
agencies or governments. 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 takings 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, the rule 
does not have sufficient federalism implications to warrant the 
preparation of a Federalism summary impact statement. This proposed 
rule only affects use of federally-administered lands and waters. It 
has no outside effects on other areas. A Federalism summary impact 
statement is not required.

Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. 
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 

Consultation With Indian Tribes (Executive Order 13175 and Department 

    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. The NPS has evaluated 
this rule under the criteria in Executive Order 13175 and under the 
Department's tribal consultation policy and has determined that tribal 
consultation is not required because the rule will have no substantial 
direct effect on federally recognized Indian tribes.

[[Page 8961]]

Paperwork Reduction Act

    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. The NPS 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

    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 (NEPA) is not 
required because the NPS intends to categorically exclude this rule 
under 516 DM 12.5(A)(10). This rule will modify existing NPS 
regulations in a manner that does not increase public use to the extent 
of compromising the nature and character of the National Park System or 
causing physical damage to it. The rule will not conflict with adjacent 
ownerships or lands uses, or cause a nuisance to adjacent owners or 
occupants. 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 NEPA.

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 in not 

Clarity of This Rule

    The NPS is required by Executive Orders 12866 (section 1(b)(12)) 
and 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 the NPS publishes must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use common, everyday words and clear language rather than 
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that the NPS has not met these requirements, send the 
NPS comments by one of the methods listed in the ADDRESSES section. To 
better help the NPS revise the rule, your comments should be as 
specific as possible. For example, you should identify 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 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 of this document.

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 the NPS in your comment to withhold your personal identifying 
information from public review, the NPS cannot guarantee that it 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, the National Park Service 
proposes to amend 36 CFR part 2 as set forth below:


1. The authority citation for part 2 continues to read as follows:

    Authority:  54 U.S.C. 100101, 100751, 320102.

2. Amend Sec.  2.4 as follows:
a. Redesignate paragraph (b)(3) as paragraph (b)(3)(i).
b. Add paragraph (b)(3)(ii).
c. Revise paragraph (e) introductory text.
    The addition and revision to read as follows:

Sec.  2.4  Weapons, traps and nets.

* * * * *
    (b) * * *
    (3) * * *
    (ii) An individual may carry or possess an unloaded bow or crossbow 
when accessing otherwise inaccessible lands or waters contiguous to a 
park area when other means of access are otherwise impracticable or 
impossible if:
    (A) The individual is not otherwise prohibited by law from 
possessing the bow or crossbow; and
    (B) The possession of the bow or crossbow is in compliance with the 
law of the State in which the park area is located.
    (e) The superintendent may issue a permit to carry or possess a 
weapon that is not otherwise authorized, a trap, or a net under the 
following circumstances:
* * * * *

Jason Larrabee,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks, 
Exercising the Authority of the Assistant Secretary for Fish and 
Wildlife and Parks.
[FR Doc. 2018-04247 Filed 3-1-18; 8:45 am]