[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]
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