[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Rules and Regulations]
[Pages 29081-29083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12999]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-DEWA-25798; GPO Deposit Account 4311H2]
RIN 1024-AE46


Delaware Water Gap National Recreation Area; Removal of Outdated 
Regulations

AGENCY: National Park Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule removes special regulations for Delaware Water Gap 
National Recreation Area about rock climbing and commercial vehicles 
that are no longer necessary.

DATES: This rule is effective June 21, 2019.

FOR FURTHER INFORMATION CONTACT: Eric Lisnik, Chief Ranger, Delaware 
Water Gap National Recreation Area, 1978 River Road, Bushkill, PA 
18324; (570) 426-2414; [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Delaware Water Gap National Recreation Area (the recreation area) 
is the largest natural area in the National Park System between 
Virginia and Maine and one of the largest protected natural areas in 
the metropolitan corridor extending from Washington, DC, to Boston, MA. 
Located near the New York City and Philadelphia metropolitan areas, and 
easily accessible by private vehicle, the recreation area offers a 
variety of recreational opportunities. These include hiking, swimming, 
fishing, hunting, boating, pleasure driving, and sight-seeing; learning 
about natural and cultural history; and enjoying the solitude of a 
rural environment and a change of pace. The waters of the Middle 
Delaware National Scenic & Recreational River are of exceptional 
quality. The 125 miles of the Delaware River that includes the Upper 
Delaware National Scenic & Recreational River, Delaware Gap National 
Recreation Area (Middle Delaware), and the Lower Delaware National Wild 
& Scenic River are classified as Special Protection Waters which have 
exceptionally high scenic, recreational and ecological values. The 
free-flowing Delaware River cuts through a narrow valley, and the 
adjacent lands contain streams and waterfalls, geologic features, a 
variety of plants and wildlife, and cultural resources. The National 
Park Service (NPS) administers the lands and waters within the 
recreation area to provide outdoor recreation opportunities while 
conserving the natural, cultural and scenic resources of the recreation 
area. In so doing, the NPS works cooperatively with surrounding 
communities and the public to achieve the conservation goals of the 
Delaware River region.

Regulatory Reform Initiative

    On February 24, 2017, President Trump issued Executive Order 13777, 
``Enforcing the Regulatory Reform Agenda.'' This Executive Order 
established a regulatory reform initiative to alleviate unnecessary 
burdens placed on the American people. As part of the Department of the 
Interior's approach for implementing this initiative, the NPS is 
reviewing its regulations in order to identify those that should be 
repealed, replaced, or modified. These include regulations that are 
outdated or unnecessary.

Final Rule

    The NPS has identified several special regulations applicable to 
the recreation area that are outdated and no longer enforced by the 
NPS. The NPS is removing these regulations to reduce a potential source 
of confusion for the public about what activities are allowed within 
the recreation area. These regulations are codified in 36 CFR 7.71(c)-
(e) and address rock climbing and commercial vehicles.
    Paragraph (c) requires visitors to register with the Superintendent 
prior to technical rock climbing. For the program to function properly 
climbers would register with the NPS prior to a climb, and then notify 
the NPS when the climb had safely concluded. The NPS found that the 
registration requirement triggered search missions that often were 
unfounded or unnecessary, because this registration system was not used 
properly by the public. As a result, the NPS determined that the costs 
associated with the program outweighed any potential benefits to public 
safety from its implementation. The registration requirement for 
technical rock climbing was operationally eliminated more than 25 years 
ago and has not been enforced since.
    Paragraphs (d) and (e) identify the types of commercial vehicles 
that may be operated within DEWA and establish a fee schedule for those 
vehicles. The legislation authorizing the regulations about commercial 
vehicles has expired and was replaced in 2018 with a new Congressional 
authorization, Public Law 115-101 (January 8, 2018), that authorized 
the Superintendent to establish a fee and permit program. Commercial 
vehicle rules will now be

[[Page 29082]]

published in the Superintendent's Compendium, which is available on the 
park's website at www.nps.gov/dewa. In order to reduce ambiguity in NPS 
regulations about the use of commercial vehicles within DEWA, this rule 
will state that, notwithstanding the general prohibition of commercial 
vehicles in 36 CFR 5.6, commercial vehicles are allowed in DEWA in 
accordance with applicable law. This rule will also state that the 
Superintendent will notify the public about rules related to commercial 
vehicles, including the requirements of the fee and permit program, 
using the methods set forth in 36 CFR 1.7.

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 
13771)

    This rule is not an E.O. 13771 (``Reducing Regulation and 
Controlling Regulatory Costs'') (82 FR 9339, February 3, 2017) 
regulatory action because this rule is not significant under E.O. 
12866.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) requires an agency to prepare 
a regulatory flexibility analysis for rules unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. The RFA applies only to rules for 
which an agency is required to first publish a proposed rule. See 5 
U.S.C. 603(a) and 604(a). The RFA does not apply to this final rule 
because the National Park Service is not required to publish a proposed 
rule for the reasons explained below with regard to the Administrative 
Procedure Act.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2). 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 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.

Administrative Procedure Act (Notice of Proposed Rulemaking and 
Effective Date)

    We recognize that under 5 U.S.C. 553(b) and (c), notice of proposed 
rules ordinarily must be published in the Federal Register and the 
agency must give interested parties an opportunity to submit their 
views and comments. We have determined under 5 U.S.C. 553(b) and 318 DM 
HB 5.3, however, that notice and public comment for this rule are not 
required. We find good cause to treat notice and comment as 
unnecessary. As discussed above, the regulatory provisions being 
removed are outdated, unnecessary, and no longer enforced by the NPS. 
Maintaining these regulations is potentially confusing for the public. 
These regulatory changes will not benefit from public comment, and 
further delaying them is contrary to the public interest.
    We also recognize that rules ordinarily do not become effective 
until at least 30 days after their publication in the Federal Register. 
We have determined, however, that good cause exists for this rule to be 
effective immediately upon publication for the reasons stated above.

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 
standards.

Consultation With Indian Tribes (Executive Order 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. The NPS has 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.

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

[[Page 29083]]

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 rule is covered by a categorical exclusion. We 
have determined the rule is categorically excluded under 43 CFR 
46.210(i) because it is administrative, legal, and technical in nature. 
We also have determined 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 
required.

List of Subjects in 36 CFR Part 7

    District of Columbia, National parks, Reporting and Recordkeeping 
requirements.

    In consideration of the foregoing, the National Park Service amends 
36 CFR part 7 as set forth below:

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. Amend Sec.  7.71 by:
0
a. Revising paragraph (c)
0
b. Removing paragraphs (d), and (e).
0
c. Redesignating paragraph (f) as paragraph (a).
0
d. Redesignating paragraph (g) as paragraph (d).
    The revisions to read as follows:


Sec.  7.71  Delaware Water Gap National Recreation Area.

* * * * *
    (c) Commercial vehicles. Notwithstanding the prohibition of 
commercial vehicles set forth in Sec.  5.6 of this chapter, commercial 
vehicles are authorized to use the portions of U.S. Highway 209 located 
within the Delaware Water Gap National Recreation Area in accordance 
with applicable law. The Superintendent will provide notice to the 
public about rules related to commercial vehicles, including the 
requirements of a fee and permit program, using the methods set forth 
in Sec.  1.7 of this chapter.
* * * * *

Andrea Travnicek,
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. 2019-12999 Filed 6-20-19; 8:45 am]
BILLING CODE 4312-52-P