[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Rules and Regulations]
[Pages 43319-43322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10836]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-NCR-37822; PPNCWHHOA1, PPMPSAS1Z.T00000, 244P103601]
RIN 1024-AE89


National Capital Region; Event at President's Park

AGENCY: National Park Service, Interior.

ACTION: Temporary rule.

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SUMMARY: The National Park Service is temporarily revising regulations 
for the National Capital Region. This revision will allow the Society 
of the First Infantry Division to hold an official dedication ceremony 
at the First Division Monument in Washington, DC, which is located in 
an area otherwise closed to demonstrations and special events. The 
ceremony, including setup

[[Page 43320]]

and takedown, will last for no longer than three days, and occur 
between May 22 and May 29, 2024.

DATES: Effective May 22, 2024 through 11:59 p.m. EDT on May 29, 2024.

FOR FURTHER INFORMATION CONTACT: John Stanwich, National Park Service 
Liaison to the White House, (202) 219-0322, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The First Infantry Division Monument is located in President's 
Park, south of State Place Northwest, between 17th Street Northwest and 
West Executive Avenue Northwest in Washington, DC, United States. The 
Society of the First Infantry Division conceived this Monument to honor 
the valiant efforts of First Division soldiers killed in action in 
World War I. The Monument was dedicated in 1924 by President Calvin 
Coolidge with 5,516 names inscribed. The primary feature of the 
Monument is a Milford granite column from Massachusetts, one of the 
largest pieces ever taken from a quarry in the United States. Standing 
atop the pillar is a 15-foot-tall, gilded bronze figure of Victory. 
Later additions to the Monument commemorate the lives of First Infantry 
Division soldiers killed in action in subsequent wars. The World War II 
addition is located on the terrace west of the column was dedicated in 
1957. This memorial commemorates the 4,325 First Infantry Division 
soldiers who died in that conflict, as well as the sacrifices of other 
units attached to the First Infantry Division during the war. The 
Vietnam War addition is located on the terrace east of the column and 
was dedicated in 1977. This memorial commemorates the 3,079 First 
Infantry Division soldiers who died in that conflict, as well as the 
service and sacrifices of other units as well. The Desert Storm plaque 
on the eastern edge of the rectangular flower bed, directly opposite 
the Vietnam War memorial, was dedicated in 1995. This memorial 
commemorates the lives of 27 soldiers who died while serving in the 
Desert Storm operation in Saudi Arabia and Iraq, including the names of 
members of the Third Brigade of the Second Armored Division, which was 
attached to the First Infantry Division during the war.
    While designing the Desert Storm plaque, the Society of the First 
Infantry Division developed a long-term plan for future additions to 
the Monument. Their concept distinguishes between memorials for 
``limited actions,'' comparable to Desert Storm, and major conflicts 
with greater fatalities, such as the then-existing memorials for the 
three wars. The Society suggested smaller blocks of granite placed 
around the edge of the flower beds on the east and west sides of the 
terrace for limited actions. For larger conflicts, the Society 
suggested memorials along the outside edge of the footprint, replacing 
the hedge, comparable in size and form to the World War II and Vietnam 
War memorials.
    On January 1, 2021, Congress authorized modifications to the 
Monument, including the construction of and placement of plaques, to 
honor the dead of the First Infantry Division in Operation Desert 
Storm, Operation Iraqi Freedom, Operation New Dawn, and Operation 
Enduring Freedom. Public Law 116-283--section 1083(a). The statute 
required the Department of the Army, in collaboration with the 
Secretary of Defense, to provide to the Society with a list of names to 
be added to the Monument. Department of the Army policy requires an 
official campaign to end before the names of soldiers killed in that 
campaign may be added to the monument. The Iraqi Freedom, New Dawn, and 
Enduring Freedom campaigns have ended. The Commanding General, First 
Infantry Division has authorized the Society to add to the Monument the 
names of 631 soldiers who died during these campaigns, consistent with 
the Society's long-term plan to allow the Monument to evolve with the 
history of the First Infantry Division. There will be 439 soldiers 
named for Operation Iraqi Freedom and Operation New Dawn in Iraq. There 
will be 192 soldiers named for Operation Enduring Freedom in 
Afghanistan. The additions to the Monument will include bronze plaques 
situated on stone plinths that include a dedication, operation, units, 
and name and rank of each soldier. In addition to adding new plaques 
for Operations Iraqi Freedom, New Dawn, and Enduring Freedom, the 
existing plaque for Operation Desert storm, which looks temporary, will 
be replaced with a new plaque co-located with the others.
    The Society intends to hold an official dedication ceremony at the 
Monument that will last no longer than three days, including setup and 
takedown of equipment, between May 22 and May 29, 2024. The ceremony 
will include the official dedication of the plaques and a celebration 
of the 100th Anniversary of the Monument.

Temporary Rule

    The Monument is located within an area that is part of the White 
House and President's Park, which serves as a private residence and 
office of the President, a military installation, a museum, a public 
park, and a national shrine. Given these multiple roles and functions, 
numerous Federal agencies, including the National Park Service (NPS), 
Executive Office of the President, U.S. Secret Service, and General 
Services Administration, work in collaboration to administer and manage 
this area. Congress established the White House and President's Park as 
a unit of the National Park System in 1961, and for this reason NPS 
regulations apply to activities within the park, including activities 
that occur at the First Division Monument.
    NPS regulations at 36 CFR 7.96(g)(3)(i) prohibit demonstrations and 
special events at the Monument site. The NPS promulgated these 
regulations in 1970 at the request of the U.S. Secret Service for 
security reasons explained in a letter from the Secret Service Director 
to the Department of the Interior dated June 25, 1970. See 35 FR 11485, 
11491 (July 17, 1970). The long-standing prohibition on events and 
demonstrations helps to ensure the security of the adjacent White House 
complex, and the safety of its occupants and the public.
    Remaining cognizant of these security and safety concerns, the NPS 
intends to allow the Society to conduct the ceremony described above, 
as a special event at the Monument site, in recognition of the service 
and ultimate sacrifice paid by the soldiers to be named. The Society 
expects approximately 100 participants, including members of Gold Star 
Families and active servicemembers, and related equipment and 
facilities such as chairs, sound amplification, and portable restrooms. 
The NPS referred the request to hold the event to the U.S. Secret 
Service for its security-based judgment, and has received their 
concurrence that this singular event may take place at during the time 
frame indicated above. The NPS will manage the event through the 
issuance of a special use permit under 36 CFR 2.50, with appropriate 
terms and conditions.
    In order to allow for the event, this rule will temporarily revise 
NPS regulations at 36 CFR 7.96(g)(3)(i) to allow for this event to 
occur at the Monument site as an exception to the general prohibition 
on demonstrations and special events. The rule will be effective on May 
22, 2024, and expire on May 29, 2024, to create a period of time that 
the three-day event may occur, including time for setup and takedown of 
equipment related to the event. The date of the event has not yet been 
determined, but it will occur sometime within the stated period of 
time. After

[[Page 43321]]

the temporary rule expires on May 29, 2024, NPS regulations at 36 CFR 
7.96(g)(3)(i) will revert to their former wording.

Compliance With Other Laws, Executive Orders and Department Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563 and 
14094)

    Executive Order 12866, as amended by Executive Order 14094, 
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 the rule is not significant.
    Executive Order 14094 amends Executive Order 12866 and reaffirms 
the principles of Executive Order 12866 and Executive Order 13563 and 
states that regulatory analysis should facilitate agency efforts to 
develop regulations that serve the public interest, advance statutory 
objectives, and be consistent with Executive Order 12866, Executive 
Order 13563, and the Presidential Memorandum of January 20, 2021 
(Modernizing Regulatory Review). Regulatory analysis, as practicable 
and appropriate, shall recognize distributive impacts and equity, to 
the extent permitted by law.
    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. Executive Order 13563 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.

Administrative Procedure Act

    Because setup for the dedication ceremony has been approved to 
begin as soon as May 22, 2024, at the request of the Society, and as 
approved by the Department of the Army and the U.S. Secret Service, 
there is limited time to authorize this event. For this reason, 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 May 22, 2024. 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.).

Congressional Review Act (CRA)

    This rulemaking 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 (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.

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 
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 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

[[Page 43322]]

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 D.C. Code 10-137 and D.C. Code 50-2201.07.


Sec.  7.96  [Amended]

0
2. In the last sentence of Sec.  7.96(g)(3)(i), add the words ``, and 
except for an official dedication ceremony at the First Infantry 
Division Monument to last no more than three days, including setup and 
takedown of equipment, between May 22 and May 29, 2024'' after the word 
``Park''.

Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2024-10836 Filed 5-16-24; 8:45 am]
BILLING CODE 4312-52-P