[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Rules and Regulations]
[Pages 32622-32624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14569]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-NCR-28341; PPNCNAMAS0, PPMPSPD1Z.YM0000]
RIN 1024-AE59


National Capital Region; Event at the Washington Monument

AGENCY: National Park Service, Interior.

ACTION: Temporary rule.

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SUMMARY: The National Park Service is temporarily revising a regulation 
for the National Capital Region. This revision will allow the 
projection of government-selected film footage and associated imagery 
of the Apollo 11 Mission onto the Washington Monument for an official 
celebration of the fiftieth anniversary of the Apollo 11 lunar landing. 
This revision will allow for the event within a restricted zone at the 
Washington Monument from July 16 to July 20, 2019. The revision to the 
regulations will last long enough to allow for the setup and take-down 
of equipment related to the event, from July 12 through July 23.

DATES: Effective July 12, 2019 through 11:59 EDT on July 23, 2019.

FOR FURTHER INFORMATION CONTACT: Jeffrey Reinbold, Superintendent, 
National Mall and Memorial Parks, (202) 245-4661, 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The Washington Monument is located on the National Mall and honors 
our Nation's first President. Completed in 1884 through a combination 
of military and civilian efforts, the Monument stood taller than any 
structure in the world. It has become an indelible symbol of the Nation 
and its capital.
    On July 20, 1969, the Nation reached even farther into the sky when 
the Apollo 11 Mission, another combination of military and civilian 
efforts, succeeded in landing the first humans on the surface of the 
moon. On June 18, 2019, in anticipation of the fiftieth anniversary of 
this momentous event, Congress passed H.J. Res. 60, a joint resolution 
that ``requests the Secretary of the Interior to authorize unique and 
one-time arrangements for the display of NASA and Smithsonian 
artifacts, digital content, film footage, and associated historic audio 
and imagery, in and around the vicinity of the National Mall, including 
projected onto the surface of the Washington Monument for five nights 
of public display during the period beginning on July 16, 2019 and 
ending on July 20, 2019''. H.J. Res. 60. To effectuate this resolution, 
the National Aeronautics and Space Administration (NASA), the 
Smithsonian National Air and Space Museum, and the Department of the 
Interior (DOI) now seek to express the Nation's continued admiration of 
American courage, sacrifice, and vision that has led this Nation from 
its founding to the unimaginable new heights reached by Apollo 11.
    In response to H.J. Res 60, the Secretary of the Interior has 
directed the National Park Service (NPS), from July 16 through July 20, 
2019, to allow a once-in-a-lifetime commemorative event to project film 
footage and associated imagery of the Apollo 11 Mission onto the 
fa[ccedil]ade of the Washington

[[Page 32623]]

Monument. The film footage and imagery will be selected and provided by 
NASA and the Smithsonian National Air and Space Museum.
    Due to ongoing renovations, traditional public use and enjoyment of 
the Washington Monument will continue to be limited through August 
2019. This commemorative event will enhance the public's experience and 
enjoyment of the Washington Monument, even when required to remain 
outside the renovation's construction zone barriers.

Temporary Rule

    Under an existing regulation at 36 CFR 7.96(g)(3)(ii)(A), the 
Washington Monument is surrounded by a restricted zone which consists 
of the area enclosed within the inner circle that surrounds the 
Monument's base. The restricted zone includes the sides of the 
Washington Monument itself, on which film footage and associated 
imagery of the Apollo 11 Mission would be projected. Demonstrations and 
special events are not allowed within the restricted zone, except for 
the official annual commemorative Washington birthday ceremony. This 
restricted zone is similar to restricted zones at the Lincoln Memorial, 
Thomas Jefferson Memorial, and Vietnam Veterans Memorial, where 
demonstrations and special events also are prohibited by NPS 
regulations. These restricted zones are intended to maintain the 
memorials in an atmosphere of calm, tranquility, and reverence, as well 
as protect legitimate security and park value interests. 41 FR 12880 
(1976) (Final Rule).
    There has always been a regulatory exception for the restricted 
zone at the Washington Monument that allows for the official annual 
commemorative Washington birthday celebration. Because Congress has 
passed a joint resolution requesting that the Secretary of the Interior 
hold a singular event to celebrate the tenacity of the American spirit 
represented by the moon landing, and to hold it specifically at the 
Washington Monument with images projected on its surface, and because 
there is no operational impact to the Washington Monument, the NPS will 
temporarily revise its regulations to allow for this unique, one-time 
use. This temporary rule establishes an exception to the prohibition on 
demonstrations and special events within the restricted area of the 
Washington Monument that will allow for the Apollo 11 event. This 
temporary rule will be effective on July 12, 2019 and expire on July 
23, 2019, to allow for the setup and take-down of equipment related to 
the event. The official commemorative event will begin on July 16, 2019 
and end on July 20, 2019. After the temporary rule expires on July 23, 
2019, the NPS regulation at 36 CFR 7.96(g)(3)(ii)(A) will revert to its 
former wording.

Compliance With Other Laws, Executive Orders and Department Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order (E.O.) 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.
    E.O. 13563 reaffirms the principles of E.O. 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. E.O. 13563 further emphasizes 
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).

    Enabling regulations are considered deregulatory under guidance 
implementing E.O. 13771 (M-17-21). This rule allows a special event to 
take place that would otherwise be prohibited.

Administrative Procedure Act

    Because this temporary rule is necessary to carry out the request 
of Congress to begin the official Apollo 11 celebration on July 16, 
2019, and because of the limited time remaining before setup will need 
to begin to meet that deadline, the NPS is publishing this temporary 
rule as a final rule. In accordance with the requirements of the 
Administrative Procedure Act (5 U.S.C. 553(b)(3)(B)), the NPS has 
determined that publishing a proposed rule would be impractical because 
of the short time period available. The NPS also believes that 
publishing this temporary rule 30 days before it becomes effective 
would be impractical because of the limited time remaining before July 
16, 2019. A 30-day delay in this instance would be unnecessary and 
contrary to the public interest. Therefore, under the Administrative 
Procedure Act (5 U.S.C. 553(d)(3)), the NPS has determined that this 
temporary rule will be effective on the date published in the Federal 
Register.

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.).

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 (2 U.S.C. 1531 et seq.)

    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 is not required.

Takings (Executive Order 12630)

    This rule does not effect a taking of private property or otherwise 
have takings implications under E.O. 12630. A takings implication 
assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of E.O. 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.

[[Page 32624]]

Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of E.O. 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 E.O. 13175 and under the Department's 
Tribal consultation policy and has determined that Tribal consultation 
is not required because the rule will not have a 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 
the public is 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 the rule is covered by a 
categorical exclusion. NPS Handbook 2015 Section 3.3.A.8. 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 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.


Sec.  7.96   [Amended]

0
2. In Sec.  7.96(g)(3)(ii)(A), add the words ``and for the projection 
of government-selected film footage and associated imagery for an 
official event commemorating the Apollo 11 Mission'' after the word 
``ceremony''.

Karen Budd-Falen,
Deputy Solicitor for Parks and Wildlife, exercising the authority of 
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2019-14569 Filed 7-8-19; 8:45 am]
 BILLING CODE 4310-EJ-P