17 November 2008
[Federal Register: November 17, 2008 (Volume 73, Number 222)]
[Rules and Regulations]
[Page 67739-67750]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17no08-11]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AD71
Special Regulation: Areas of the National Park System, National
Capital Region
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: The National Park Service (NPS) is finalizing regulations
governing viewing of the Inaugural Parade by the Presidential Inaugural
Committee. The rule also extends the permissible duration and extent of
demonstrations and special events in Washington, DC, including the
Inaugural, the Lighting of the National Christmas Tree and Christmas
Pathway of Peace, the Cherry Blossom Festival, the Fourth of July
Celebration, and the Smithsonian Folklife Festival.
DATES: Effective Date: November 17, 2008.
FOR FURTHER INFORMATION CONTACT: Robbin Owen, National Park Service,
National Capital Region, National Mall and Memorial Parks, Division of
Park Programs, 202-619-7225.
SUPPLEMENTARY INFORMATION:
Background
On August 8, 2008, the NPS proposed a rule that applies to
activities of the Presidential Inaugural Committee (PIC) for the
Inaugural. The rule also proposed to clarify the application process
and extend the permissible duration of demonstrations and special
events in Washington, D.C., including the Inaugural, the Lighting of
the National Christmas Tree and Christmas Pathway of Peace, the Cherry
Blossom Festival, the Fourth of July Celebration, and the Festival of
American Folklife (73 FR 46215). Persons and organizations interested
in submitting comments were asked to submit them through the Federal
Rulemaking Portal at http://www.regulations.gov. or to the National
Park Service's Division of Park Programs at 1100 Ohio Drive, SW., Room
128, Washington, DC 20242. NPS also issued a news release that alerted
the media to the proposed rule, and copies were available at the
National Capital Region's Division of Park Programs, where permit
applications are submitted. Copies were also mailed to past applicants
who had requested a permit to demonstrate on Federal parkland at
Inaugural Parades.
As noted in the preamble to the proposed rule, Pennsylvania Avenue,
is among the world's most famous streets and is located in the heart of
the Nation's Capital. Americans throughout history have marched,
paraded, promenaded, and protested their way up and down Pennsylvania
Avenue. NPS recognizes that the Inaugural is a national celebration
event for the benefit of all citizens, and that it is not a private
event. Furthermore, park areas along Pennsylvania Avenue, must be
available to the public as well as demonstrators for viewing the
Inaugural Parade.
In recent litigation, the U.S. District Court for the District of
Columbia determined that the NPS's practice and procedure of submitting
a permit application on behalf of the PIC violated its regulations with
respect to the duration of special events and the timing of the
submission of the application (ANSWER Coalition v. Kempthorne, 537
F.Supp.2d 183 (D.D.C. March 20, 2008)). The Court stated,
[[Page 67740]]
however, that ``[i]f the government thinks it appropriate to lengthen
the amount of time for which permits may be granted under the
regulations--perhaps even only for the Inauguration period and no
other--the government may explicitly amend the regulations that apply
to all permit applicants.'' 537 F.Supp.2d at 203-204.
The NPS issued a proposed rule to lengthen the permissible duration
of any permit associated with Inaugural Day activities from 21 days to
the period of time between October 24 through April 1. It would also
ensure that the majority of Pennsylvania Avenue, National Historic Site
(also known and referred to in this regulation as Pennsylvania Avenue,
National Historic Park) is open to the public and demonstrators for the
Inaugural Parade, regardless of viewpoint or the content of any
message. In addition, the proposed rule would extend from three weeks
to four months the duration of time that any permit may be issued for
demonstrations or special events on the Ellipse and other designated
park areas.
With respect to the Inaugural, the NPS's proposed rule would create
a regulatory priority use for limited, designated park areas for the
PIC, the Armed Forces Inaugural Committee, and the Architect of the
Capitol or the Joint Congressional Committee on Inaugural Ceremonies,
entities whose role in the Inaugural has traditionally necessitated
such use. The DC Circuit's opinion in A Quaker Action Group v. Morton,
516 F.2d 717 (DC Cir. 1975), provided the legal basis for NPS's
priority use regulations. There, the Court said that ``* * * if the
Park Service wishes to enforce the regulations regarding a permit for
public gatherings in the regulated areas, it must require a permit for
every public gathering in those areas. * * * or, if the Park Service
wishes, it could retain a system of NPS events, reserve time in, say,
Lafayette Park, and even publish advance schedules.'' 516 F.2d at 729
(emphasis in original).
Among the limited number of park areas impacted by the proposed
rule would be portions of the National Mall and the Inaugural parade
route on Pennsylvania Avenue, from 3rd to 15th Streets, as designated
on the proposed rule's maps. The designated priority-use areas along
the parade route would be relatively small, leaving the majority of
park areas available to the public and demonstrators regardless of
viewpoint or the content of any message. The proposed rule would also
extend the duration and extent of demonstrations and special events in
Washington, DC, including the Inaugural, the Lighting of the National
Christmas Tree and Christmas Pathway of Peace, the Cherry Blossom
Festival, the Fourth of July Celebration, and the Festival of American
Folklife. Finally, the proposed rule would make explicit the long-
standing NPS policy of not accepting permit applications for
demonstrations and special events earlier than one year in advance of
the proposed event or the beginning of the proposed event's set-up.
The time period for the receipt of comments on the NPS's proposed
rule closed on September 22, 2008. More than 2,900 comments were
received by the NPS, almost all of them directly submitted to the
Federal Rulemaking Portal at http://www.regulations.gov. The length of
the submitted comments generally ranged from several sentences to a
half a page. Almost all of the comments were from individuals who
resided in the United States. No comment was received from ANSWER
Coalition (or their attorneys), plaintiff in the pending lawsuit ANSWER
Coalition v. Kempthorne, Civil No. 05-0071 PLF (D.D.C.), although they
were provided a copy of the proposed rule.
The NPS appreciates the time and effort expended by those who
submitted comments. The NPS has reviewed the comments, and provides
responses to the issues raised in the following section. The NPS also
explains the basis for the final rule, which contains three
clarifications as well as minor adjustments of the regulatory maps'
legends to make them more readable in the Code of Federal Regulations.
Response to Comments and Explanation of the Final Regulations
The vast majority of comments received focused on the Inaugural
Parade and took issue with the NPS's designation of specific park areas
for PIC bleachers along Pennsylvania Avenue, between 7th Street and
15th Streets. Almost 1,700 comments said that the proposed regulations
would improperly ``privatize'' the parade route; interfere with,
distance, or limit the public's ability to view the Inaugural Parade;
or prevent demonstrators from exercising their First Amendment rights.
Some complained that these parade route sidewalks should not be
reserved for ``the elite few,'' or ``the exclusive use of privileged
elite and Wall Street donors,'' while others stated that the rule
established a ``discriminatory reservation of spectator space.''
A few comments stated that the PIC should not receive any special
assistance from the NPS in securing permits. More than 200 comments
said that the NPS should not allow the PIC to have any designated
bleacher areas. Approximately 570 comments said that the PIC should
only have the existing areas around the White House and Lafayette Park,
or the area around the Capitol for the Inaugural swearing-in ceremony,
and one comment said that the number of PIC bleachers around the White
House was excessive. Twenty comments said Freedom Plaza should be
available for public viewing of the Inaugural Parade. Some comments
said the proposed rule contradicts NPS policy. Others said that the
public should have total and unrestricted access to Federal Parkland.
After careful review of the issues raised, the NPS believes that
the rule's allocation of space and time for set-up and take-down of
necessary structures is a fair and equitable distribution of park
areas, and is consistent with the First Amendment, the Presidential
Inaugural Ceremonies Act, and NPS policy expressed in its existing
regulations and Management Policies ] 8.6 (2006).
The Supreme Court has long recognized that government may
constitutionally require reasonable time, place and manner restrictions
on expressive activity, and that the NPS is responsible for the
management, maintenance, and regulation of the National Parks under 16
U.S.C. 1, 1a-1, and 3. Clark v. Community for Creative Non-Violence,
468 U.S. 288, 289-90, 293 (1983). Furthermore, ``[r]egulations of the
use of a public forum are not `inconsistent with civil liberties' but *
* * [are] one of the means of safeguarding the good order upon which
[civil liberties] ultimately depend.' '' Thomas v. Chicago Park
District, 534 U.S. 316, 323 (2002), quoting Cox v. New Hampshire, 312
U.S. 569, 574 (1941).
The allocations in the final rule comport with the Court of
Appeal's opinion in A Quaker Action Group v. Morton. The final rule
also fulfills the Department of the Interior's obligations under the
Presidential Inaugural Ceremonies Act to provide areas on Federal
Parkland for use by the Inaugural Committee for Inaugural activities
and still provide access for the conduct of demonstrations. Section
501(1) of the Act expressly designates the Inaugural Committee as ``the
committee appointed by the President-elect to be in charge of the
Presidential inaugural ceremony and functions and activities associated
with the ceremony'' (36 U.S.C. 501(1)). Section 503(a) of the Act
provides that the ``Secretary of the Interior may grant to the
Inaugural Committee a permit to use the reservations or grounds during
the Inaugural period, including a reasonable
[[Page 67741]]
time before and after the Inaugural period'' (Id. Sec. 503(a)).
The final rule does not ``privatize'' the parade route, is not
discriminatory, and does not interfere with, distance, or limit the
public's ability to view the Inaugural Parade. Nor does it prevent the
exercise of First Amendment rights. Rather, as the attached maps of the
parade viewing area detail, the final rule ensures that the majority of
Pennsylvania Avenue, National Historic Park is open to the public.
Consistent with the First Amendment and other long-standing NPS
regulations, the majority of Pennsylvania Avenue, National Historic
Park is open to demonstrators regardless of viewpoint or the content of
message. The allocations in the final rule respond to the question on
this subject posed by the District Court in A.N.S.W.E.R. Coalition v.
Kempthorne, 537 F.Supp.2d at 205-206.
Neither the proposed nor final rule alters the existing, twenty-
eight year old regulatory preference for the PIC for the White House
sidewalk and all but the northeast quadrant of Lafayette Park for
Inaugural Day, which NPS believes is still reasonable and necessary.
Adopted in 1980 in accordance with the Presidential Inaugural
Ceremonies Act (45 FR 84997), this regulatory preference continues to
provide these areas for use by the Inaugural Committee for Inaugural
activities, while also providing access for demonstration conduct in
the vicinity of the White House. As the NPS explained in adopting this
provision, access to the PIC area is controlled by the Inaugural
Committee through a reserved ticket system, and the northeast quadrant
of Lafayette Park and other park areas in the White House area and
elsewhere are available for demonstration activity under the NPS's
regular demonstration permit system (45 FR at 84998).
Besides the northeast quadrant of Lafayette Park, other park areas
in the White House area and elsewhere remain available for
demonstration activity under today's final rule. These open park areas
include areas just north of the White House such as Farragut and
McPherson Squares, Franklin Park, and most of Pennsylvania Avenue,
National Historic Park. Pennsylvania Avenue, National Historic Park,
which became Federal Parkland in 1995, begins near the Capitol and runs
between 3rd and 15th Streets. While Americans have historically
marched, paraded, promenaded, and protested up and down Pennsylvania
Avenue, it has also been the site where PIC has traditionally located
bleachers for the Inaugural Parade.
For example, on Federal Parkland adjacent to Pennsylvania Avenue,
between 3rd and 15th Streets, there were 49 PIC bleachers for the 2005
Inaugural; 45 PIC bleachers for the 2001 Inaugural; and 36 PIC
bleachers for the 1997 Inaugural. Under this final rule, most of
Pennsylvania Avenue, National Historic Park is allocated to the public
and demonstrators. Specifically, 7,024 linear feet or 70 percent of
Pennsylvania Avenue, National Historic Park that abuts the parade
route, which also comprises 625,882 square feet or 84 percent of
Pennsylvania Avenue, National Historic Park, is open to the public and
demonstrators regardless of viewpoint or the content of any message.
These are expansive areas that fully allow the public and demonstrators
to observe the Inaugural Parade, and the parade participants to see
them.
One comment complained that the proposed rule was an attempt by the
current ``Administration to co-opt the inaugural parade route for use
by its own constituents.'' This comment is obviously inaccurate because
the current administration is leaving office. A few comments
inaccurately complained that the regulations ``set aside prime swaths
of the Inaugural route'' for PIC. As depicted in the rule's block-by-
block maps of Pennsylvania Avenue, National Historic Park, there are
many open and expansive areas along the Inaugural route which are not
designated for PIC bleachers and which provide prime venues to observe
the Parade. These open areas include the north and south sides between
3rd and 4th Streets, John Marshall Park (located on the north side and
between the Canadian Embassy and the United States Courthouse, and, at
446 feet by 210 feet, one of the largest park areas that make up
Pennsylvania Avenue, National Historic Park), most of the north side
between 4th and 6th Streets, most of the north and south sides between
6th and 7th Streets, most of the north and south sides between 7th and
9th Streets, all of the north and south sides between 9th and 10th
Streets, most of the north and south sides between 10th and 12th
Streets, all of the north side between 12th and 13th Streets, most of
the south side between 13th and 14th Streets, the western edge of
Freedom Plaza, and most of the north and south sides between 14th and
15th Streets. The final rule's maps also designate five areas that are
open to members of the public who have disabilities: Portions of the
north and south sides between 4th and 6th Streets, a portion of the
north side between 7th and 9th Streets, and portions of the Freedom
Plaza and Pershing Park sidewalks between 13th and 15th Streets.
The rule also substantially reduces the area that in the past has
been designated for the PIC's bleachers. Under the rule, PIC bleacher
areas along the parade route have now been reduced to 1,284 linear feet
or 13 percent of Pennsylvania Avenue, National Historic Park that abuts
the street, which also comprises 63,936 square feet or 9 percent of
Pennsylvania Avenue, National Historic Park. These designated areas for
PIC could accommodate 24 bleachers and 8,790 ticket holders, based on
the PIC's 2005 set-up.
Because the final rule does not allocate to the PIC certain park
areas that have been allocated to PIC in past Inaugural Parades, the
final rule substantially increases the park areas available to the
public and demonstrators. In 2005, these no-longer-allocated areas
contained 25 PIC bleachers that could accommodate 11,344 PIC ticket-
holders.
At least one comment noted that many PIC bleacher seats on
Pennsylvania Avenue, National Historic Park during the last Inaugural
Parade were empty because ticket-holders elected not to use their
seats. The final rule includes a ``10-minute parade rule'' to address-
such concerns: If a PIC bleacher seat in Pennsylvania Avenue, National
Historic Park or Sherman Park has not been claimed by the ticket-holder
ten minutes before the Inaugural Parade is scheduled to pass the
bleacher's block, then any member of the public, without regard to
viewpoint or content of the message, may at that time occupy the
unclaimed seat. The NPS will require PIC to notify ticket-holders (and
include a statement on each ticket) when they need to be in the
bleacher to avoid losing their seats. The NPS will also require that
PIC place marshals at PIC bleachers to assist ticket-holders and inform
the NPS or the United States Park Police (Park Police) of any unclaimed
seats under the 10-minute parade rule. Should the NPS or Park Police
determine that PIC is not in compliance, appropriate action will be
taken.
Some comments raised concerns about improving movement through any
future Inaugural access points, so that people can reach park areas
along the parade route more easily. Past Inaugural access points for
Pennsylvania Avenue, National Historic Park have not been located on
Federal Parkland nor operated by Park Police personnel. They have been
based upon a security
[[Page 67742]]
determination by the United States Secret Service. As in the past,
however, once the NPS obtains information about access points, it will
immediately inform the media and all permit-holders, so that ticket-
holders, the public, and demonstrators might better understand where
access points are located and how people can get to the various park
areas along the parade route.
Traditionally, each PIC decides how, and to whom, to distribute PIC
bleacher seat tickets. In any event, 36 U.S.C. 510 of the Presidential
Inaugural Ceremonies Act requires that the Inaugural Committee report
to the Federal Elections Commission any donation of aggregate value
greater than $200, including the donation's amount, date received, and
the name and address of the donor.
The final rule is both fair and reasonable. At any Inaugural
Parade, there will be people lawfully standing or sitting next to one
another who may have and express different viewpoints and messages. In
this country, expression of views and messages is what the First
Amendment protects. ``It is firmly settled that under our Constitution
the public expression of ideas may not be prohibited merely because the
ideas are themselves offensive to some of their hearers.'' Street v.
New York, 394 U.S. 576, 592 (1969). And courts have properly identified
the Federal Parkland in Washington D.C.'s monumental core as a
``location in the heart of our nation's capital [which] makes it a
prime location for demonstrations. It is here where Martin Luther King,
Jr. delivered his famous `I Have a Dream' speech, where both sides of
the abortion debate have staged their passionate demonstrations, and
where on any given day one may witness people gathering to voice their
public concerns.'' Friends of the Vietnam Memorial v. Kennedy, 116 F.3d
495, 496 (DC Cir. 1997). NPS encourages all Inaugural parade viewers to
understand and respect the exercise of First Amendment rights by
others, and the Park Police will take enforcement action only when
there is a violation of the law.
The final rule allows the PIC to place portable public bathrooms at
designated areas along the parade route. In addition, the final rule
designates the traditional areas necessary for the television, radio
and other media for broadcasting and reporting on the parade and
related activities, as well as the traditional areas necessary for the
Armed Forces Inaugural Committee for parade support structures for
monitoring and managing the parade itself. And the final rule
designates an area in front of the John A. Wilson Building for the
District of Columbia's reviewing stand, and other areas for individuals
with disabilities to view the parade.
None of the comments took issue with the necessity for, or size of,
these areas. The modest allocations include 23,764 square feet, or 3
percent of the Pennsylvania Avenue, National Historic Park, for the
Armed Forces Inaugural Committee parade control area; 1,346 square
feet, or less than 1 percent of the park, for the District of
Columbia's reviewing stand; 7,907 square feet, or 1 percent of the
park, for the media area; and 456 square feet, or less than 1 percent
of the park, for the parade announcer stands.
While a few comments said that designations on the National Mall
infringe on the public's right of access and free speech, the final
rule designates appropriate areas on the National Mall not only for
ticketed guests for the Inaugural swearing-in ceremony, but also for
members of the general public, the placement of media stands, and the
assembly and staging of parade units. These designated areas support
traditionally necessary Inaugural activities. The Armed Forces
Inaugural Committee needs to assemble, stage, secure, and weather-
protect the pre-Inaugural Parade components and floats on the National
Mall between 14th and 1st Streets. And the Architect of the Capitol or
the Joint Congressional Committee on Inaugural Ceremonies needs to site
jumbotrons and sound towers so that the Joint Congressional Committee's
standing room ticket-holders can observe the Inaugural ceremony between
4th and 1st Streets, and members of the general public can observe it
between 7th and 4th Streets. In response to one comment, the NPS will
work with the PIC and others on the supply and placement of jumbotrons
on the National Mall for better viewing by members of the general
public. In response to another comment, the final rule corrects a
typographical error in the text of the proposed rule at
(g)(4)(iii)(C)(2), in order to place the 150-foot by 200-foot media
area in its traditional location east of 7th Street on the National
Mall.
One comment suggested that the text identifying the Inaugural set-
up and take-down locations in the proposed rule was broader than shown
on the maps that are part of the proposed rule. The maps were intended
to focus only on Pennsylvania Avenue, National Historic Park and
Sherman Park, because of their depiction of the placement of assorted
structures. Some comments indicated that the lengthened set-up and
take-down timeframe was excessive, and would therefore limit free
speech and assembly.
The NPS respectfully disagrees, especially because NPS is unaware
of instances in the past where set-up and take-down activity has
interfered with First Amendment rights. Inaugural-related construction
is complex and extensive, and requires a reasonably adequate time
period. Traditionally, set-ups and take-downs are done in stages, and
an entire designated area may not be needed throughout the designated
period. Accordingly, consistent with public safety, the portions of
designated areas that are not immediately needed for set-up and take-
down will remain open to the public and for demonstration and special
event activity.
The final rule sets specific set-up and take-down times that the
NPS has determined are reasonably necessary for the erection and
removal of the stands, bleachers, media and parade support structures
in the various designated park areas. The set-up and take-down times
determined necessary under the rule are from November 1 through March 1
for the White House sidewalk and Lafayette Park, December 7 through
February 10 for Pennsylvania Avenue, National Historic Park and Sherman
Park, and January 6 through January 30 for the National Mall between
14th and 1st Streets.
Some comments stated that Pennsylvania Avenue, should stay open to
the driving and walking public at all times. One comment requested that
the rule not restrict ``reasonable signage'' on the parade route. Some
comments objected to any restrictions on public access to the Inaugural
Parade, recommending instead cancellation of the parade in the face of
a security threat. Some comments assumed that the proposed rule would
limit public access to the parade in order to provide an appropriate
level of security for the President, and then suggested alternative
approaches to protecting the President (e.g., improving motorcade
vehicles, adding additional escorts, letting Secret Service manage
security.) One comment said that the rule needs to weigh safety against
the ``needs for freedom in a democracy,'' while another comment said
that officials should not employ additional security measures. One
comment suggested that logjams at public access security access points
could be reduced by establishing more access points to the entire
parade route.
The issues raised by these comments are outside the jurisdiction of
the NPS and beyond this regulatory effort.
[[Page 67743]]
Pennsylvania Avenue, itself is under the jurisdiction of the District
of Columbia, and issues related to Inaugural Parade security and access
points are a matter for the United States Secret Service, who makes the
security-based determinations such as what may be allowed on the
Inaugural Parade sidewalks and the number and locations of access
points.
The Smithsonian Institution requests that the final rule use the
name ``Smithsonian Folklife Festival'' instead of ``Festival of
American Folklife,'' and clarify the chart at 36 CFR 7.96(g)(4)(ii)(D)
to indicate a 10-week time period for this event as intended by the
proposed rule. NPS has included these changes in the final rule. One
comment expressed confusion regarding whether the Cherry Blossom
Festival's two-week set-up and take-down time period is in addition to
the two weeks designated for the event itself. It is, and the final
rule contains clarifying changes.
There were no comments regarding the proposed rule's incorporation
of the long-standing NPS written policy not to accept permit
applications for demonstrations and special events earlier than one
year in advance of the proposed event, or the beginning of the event
set-up if it is earlier. Thus, the final rule requires applications to
be submitted no more than one-year before the date of the event
including its set-up and take-down time. For example, the NPS would
accept on January 1, 2009 an application for January 1, 2010, but would
not accept on January 1, 2009 an application for January 1 for the next
three years, or for January 1 and February 1, 2010.
Effective Date
Pursuant to 5 U.S.C. 553(d)(3) and 318 DM 4.7 B(1)(ii), the rule is
effective immediately so that the NPS may effectively perform its
duties under the Presidential Inaugural Ceremonies Act, manage
activities on Federal Parkland associated with the upcoming 2009
Inaugural, and allow for any judicial challenge to occur in a timely
manner. In addition, the rule is not a ``major rule'' for purposes of
the Congressional Review Act, 5 U.S.C. Chapter 8, because it does not
meet the Act's definition of a ``major rule'' at 5 U.S.C. 804(2).
Compliance With Other Laws
Regulatory Planning and Review (Executive Order 12866)
This document is a significant rule and is subject to review by the
Office of Management and Budget (OMB) under Executive Order 12866.
1. This rule will not have an effect of $100 million or more on the
economy. It will not adversely affect in a material way the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities.
2. This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency.
3. This rule does not alter the budgetary effects of entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients.
4. OMB has determined that this rule raises novel legal or policy
issues.
Regulatory Flexibility Act
The Department of the Interior certifies that this document 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 (SBREFA)
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.
Takings (Executive Order 12630)
In accordance with Executive Order 12630, the rule does not have
significant takings implications.
Federalism (Executive Order 13132)
In accordance with Executive Order 13132, the rule does not require
the preparation of a federalism assessment.
Civil Justice Reform (Executive Order 12988)
This regulation meets the applicable standards set forth in
Sections 3(a) and 3(b)(2) of Executive Order 12988 Civil Justice
Reform.
Paperwork Reduction Act
This regulation requires information collection from 10 or more
parties, which must be submitted for OMB approval under the Paperwork
Reduction Act. However, these are not new collection requirements and,
therefore, no additional request to OMB has been prepared. The
information collection activities are necessary for the public to
obtain benefits in the form of special park uses permits.
National Environmental Policy Act
We have analyzed this rule in accordance with the criteria of the
National Environmental Policy Act (NEPA) according to Departmental
guidelines in 516 DM 6 (49 FR 21438), to assess the impact of any
Federal action significantly affecting the quality of the human
environment, health, and safety. We have determined that the proposed
rule is categorically excluded under 516 DM 6, Appendix 7.4(10),
insofar as it is a modification of existing NPS regulations that does
not increase public use to the extent of compromising the nature and
character of the area or causing physical damage to it, or introduce
incompatible uses which might compromise the nature and characteristics
of the area or cause physical damage to it, or cause conflict with
adjacent ownerships or land uses, or cause a nuisance to adjacent
owners or occupants.
Government-to-Government Relationship With Tribes
In accordance with Executive Order 13175 ``Consultation and
Coordination with Indian Tribal Governments'' (65 FR 67249), the
President's memorandum of April 29, 1994, ``Government-to-Government
Relations with Native American Tribal Governments'' (59 FR 22961), and
512 DM 2, the Department will consult with federally recognized tribal
governments throughout the development of the regulation to jointly
evaluate and address the potential effects, if any, of the proposed
regulatory action.
List of Subjects in 36 CFR Part 7
National Parks, Special events.
0
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 is revised to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also
issued under 36 U.S.C.
[[Page 67744]]
501-511, D.C. Code 10-137 (2001) and D.C. Code 50-2201.07 (2001)
0
2. Revise Sec. 7.96 (g)(4) to read as follows:
Sec. 7.96 National Capital Region.
* * * * *
(g) * * *
(4) Permit processing. (i) NPS processes permit applications for
demonstrations and special events in order of receipt. NPS will not
accept applications more than one year in advance of a proposed
continuous event (including set-up time, if any). Use of a particular
area is allocated in order of receipt of fully executed applications,
subject to the limitations in this section.
(ii) Specific national celebration events have priority use of
particular park areas as shown in the following table:
------------------------------------------------------------------------
Has priority use of
The following event . . . the following area . At the following
. . time . . .
------------------------------------------------------------------------
(A) Lighting of the National Northern half of the The last four weeks
Christmas Tree and oval portion of the in December as well
Christmas Pathway of Peace. Ellipse. as necessary set-up
and take-down
between October 1
through February 1.
(B) Cherry Blossom Festival. Park areas adjacent Two weeks usually in
to the Tidal Basin late March or early
and the sidewalk April as well as
areas adjacent to the an additional
Constitution two weeks for the
Avenue, between necessary set-up
15th & 17th Streets and take-down.
NW.
(C) Fourth of July Washington Monument Time required for
Celebration. Grounds and the necessary staging
Lincoln Memorial and fireworks set-
Reflecting Pool up and take-down,
area. totaling three
weeks in late June
and early July.
(D) Smithsonian Folklife The area bounded on For a two-week
Festival. the south by period in
Jefferson Drive NW; approximately late
on the north by June and early July
Madison Drive, NW; and an additional
on the east by 7th eight weeks for the
Street, NW; on the necessary set-up
west by 14th and take-down.
Street, NW.
(E) Columbus Day At the Columbus On Columbus Day.
Commemorative Wreath-Laying. statue on the Union
Plaza.
(F) Presidential Inaugural See paragraph See paragraph
Ceremonies. (g)(4)(iii) of this (g)(4)(iii) of this
section. section.
------------------------------------------------------------------------
(iii) In connection with Presidential Inaugural Ceremonies the
following areas are reserved for priority use as set forth in this
paragraph.
(A) The White House sidewalk and Lafayette Park, exclusive of the
northeast quadrant for the exclusive use of the Presidential Inaugural
Committee on Inaugural Day.
(B) Portions of Pennsylvania Avenue, National Historic Park and
Sherman Park, as designated in the maps included in paragraph
(g)(4)(iii)(E) of this section, for the exclusive use of the
Presidential Inaugural Committee on Inaugural Day for:
(1) Ticketed bleachers viewing and access areas, except that
members of the public may use a ticketed bleacher seat that has not
been claimed by the ticket holder 10 minutes before the Inaugural
Parade is scheduled to pass the bleacher's block;
(2) Portable toilets, except that they will be available to the
public;
(3) Television and radio media and Armed Forces Inaugural Committee
parade support structures;
(4) The area in front of the John A. Wilson Building for the
District of Columbia reviewing stand;
(5) Viewing areas designated for individuals with disabilities,
except that they will be available to any disabled persons.
(C) The area of the National Mall between 14th and 1st Streets, for
the exclusive use of the Armed Forces Inaugural Committee on Inaugural
Day for the assembly, staging, security and weather protection of the
pre-Inaugural parade components and floats on Inaugural Day, except
for:
(1) The placement of jumbotrons and sound towers by the Architect
of the Capitol or the Joint Congressional Committee on Inaugural
Ceremonies so that the Inaugural ceremony may be observed by the Joint
Congressional Committee's ticketed standing room ticket holders between
4th and 1st Streets and the general public between 7th and 4th Streets;
and
(2) A 150-foot-by-200-foot area on the National Mall just east of
7th Street, for the exclusive use of the Presidential Inaugural
Committee for television and radio media broadcasts on Inaugural Day.
(D) The Presidential Inaugural Committee may also use portions of
its designated areas reasonably necessary for setting up and taking
down stands, bleachers, media and parade support structures as shown in
the following table:
------------------------------------------------------------------------
The Presidential Inaugural Committee may use During the following
the following area . . . period . . .
------------------------------------------------------------------------
(1) The White House sidewalk and Lafayette November 1 through March
Park. 1.
(2) Pennsylvania Avenue, National Historic December 7 through
Park and Sherman Park. February 10.
(3) The National Mall between 14th and 1st January 6 through January
Streets. 30.
------------------------------------------------------------------------
(E) Maps of designated portions of Pennsylvania Avenue, National
Historic Park and Sherman Park referred to in paragraph (g)(4)(iii)(B)
of this section are as follows:
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(iv) Other demonstrations or special events are permitted in park
areas under permit for the National Celebration Events listed in
paragraph (g)(4)(ii) of this section to the extent that they do not
significantly interfere with the National Celebration Events. Except
for Inaugural ceremony activities, no activity containing structures is
permitted closer than 50 feet to another activity containing structures
without the mutual consent of the sponsors of those activities.
(v) NPS will issue a permit for a demonstration on the White House
sidewalk and in Lafayette Park at the same time only if the
requirements of this paragraph are met. The organization, group, or
other sponsor of the demonstration must undertake in good faith all
reasonable action, including the provision of sufficient marshals, to
ensure that the sponsor:
(A) Maintains good order and self-discipline in conducting the
demonstration and any necessary movement of persons; and
(B) Observes the numerical limitations and waiver provisions
described in paragraphs (g)(5)(i) and (ii) of this section.
(vi) NPS will issue permits authorizing demonstrations or special
events for the periods shown in the following table. NPS may extend
these periods for demonstrations only, unless another application
requests use of the particular area and that application precludes
double occupancy.
----------------------------------------------------------------------------------------------------------------
Permit validity period for inaugural
Park area Permit validity period activities
----------------------------------------------------------------------------------------------------------------
(A) White House area, except the 7 days........................ Between October 24 through April 1 for
Ellipse. reasonable and necessary set-up and
take-down activities for the White
House Sidewalk and Lafayette Park.
(B) The Ellipse and all other park 4 months...................... Between December 7 through February 10
areas. for reasonable and necessary set-up and
take-down activities for Pennsylvania
Avenue, National Historic Park and
Sherman Park.
----------------------------------------------------------------------------------------------------------------
* * * * *
Dated: October 31, 2008.
Lyle Laverty,
Assistant Secretary of the Interior for Fish and Wildlife and Parks.
[FR Doc. E8-27047 Filed 11-14-08; 8:45 am]
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