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32622 Federal Register / Vol. 84, No. 131 / Tuesday, 9, 2019 / Rules and Regulations

the States, or on the distribution of G. Protest Activities official celebration of the fiftieth power and responsibilities among the The Coast Guard respects the First anniversary of the Apollo 11 lunar various levels of government. We have Amendment rights of protesters. landing. This revision will allow for the analyzed this rule under that Order and Protesters are asked to contact the event within a restricted zone at the have determined that it is consistent person listed in the FOR FURTHER Monument from to with the fundamental federalism INFORMATION CONTACT section to , 2019. The revision to the principles and preemption requirements coordinate protest activities so that your regulations will last long enough to described in Executive Order 13132. message can be received without allow for the setup and take-down of Also, this rule does not have tribal jeopardizing the safety or security of equipment related to the event, from implications under Executive Order people, places or vessels. through . 13175, Consultation and Coordination DATES: Effective July 12, 2019 through with Indian Tribal Governments, List of Subjects in 33 CFR Part 117 11:59 EDT on July 23, 2019. because it does not have a substantial Bridges. FOR FURTHER INFORMATION CONTACT: direct effect on one or more Indian For the reasons discussed in the Jeffrey Reinbold, Superintendent, tribes, on the relationship between the preamble, the Coast Guard amends 33 National Mall and Memorial Parks, Federal Government and Indian tribes, CFR part 117 as follows: (202) 245–4661, NAMA_ or on the distribution of power and [email protected]. responsibilities between the Federal PART 117—DRAWBRIDGE SUPPLEMENTARY INFORMATION: Government and Indian tribes. The OPERATION REGULATIONS Coast Guard received no comments on Background this section. If you believe this rule has ■ 1. The authority citation for part 117 The Washington Monument is located implications for federalism or Indian continues to read as follows: on the National Mall and honors our tribes, please contact the person listed Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Nation’s first President. Completed in in the FOR FURTHER INFORMATION Department of Homeland Security Delegation 1884 through a combination of military CONTACT section. No. 0170.1. and civilian efforts, the Monument stood taller than any structure in the E. Unfunded Mandates Reform Act ■ 2. In § 117.755, paragraph (a) is revised to read as follows: world. It has become an indelible The Unfunded Mandates Reform Act symbol of the Nation and its capital. of 1995 (2 U.S.C. 1531–1538) requires § 117.755 Shrewsbury River. On July 20, 1969, the Nation reached Federal agencies to assess the effects of * * * * * even farther into the sky when the their discretionary regulatory actions. In (a) The draw shall open on signal at Apollo 11 Mission, another combination particular, the Act addresses actions all times; except that, from the Friday of military and civilian efforts, that result in the expenditure by a before Memorial Day through Labor succeeded in landing the first humans State, local, or tribal government, in the Day, on Friday, Saturday, Sunday and on the surface of the moon. On 18, aggregate, or by the private sector of holidays, between 9 a.m. and 7.pm., the 2019, in anticipation of the fiftieth $100,000,000 (adjusted for inflation) or draw need only open on the hour. anniversary of this momentous event, more in any one year. Though this rule * * * * * Congress passed H.J. Res. 60, a joint will not result in such an expenditure, resolution that ‘‘requests the Secretary Dated: , 2019. of the Interior to authorize unique and we do discuss the effects of this rule R.W. Warren, elsewhere in this preamble. The Coast one-time arrangements for the display of Captain, U.S. Coast Guard, Acting NASA and Smithsonian artifacts, digital Guard received no comments on this Commander, First Coast Guard District. section. content, film footage, and associated [FR Doc. 2019–14496 Filed 7–8–19; 8:45 am] historic audio and imagery, in and F. Environment BILLING CODE 9110–04–P around the vicinity of the National Mall, including projected onto the surface of We have analyzed this rule under the Washington Monument for five Department of Homeland Security DEPARTMENT OF THE INTERIOR nights of public display during the Management Directive 023–01 and period beginning on July 16, 2019 and Commandant Instruction M16475.lD, National Park Service ending on July 20, 2019’’. H.J. Res. 60. which guides the Coast Guard in To effectuate this resolution, the complying with the National 36 CFR Part 7 National Aeronautics and Space Environmental Policy Act of 1969 Administration (NASA), the (NEPA) (42 U.S.C. 4321–4370f), and [NPS–NCR–28341; PPNCNAMAS0, PPMPSPD1Z.YM0000] Smithsonian National Air and Space have made a determination that this Museum, and the Department of the action is one of a category of actions RIN 1024–AE59 Interior (DOI) now seek to express the which do not individually or Nation’s continued admiration of cumulatively have a significant effect on National Capital Region; Event at the Washington Monument American courage, sacrifice, and vision the human environment. This rule that has led this Nation from its simply promulgates the operating AGENCY: National Park Service, Interior. founding to the unimaginable new regulations or procedures for ACTION: Temporary rule. heights reached by Apollo 11. drawbridges. This action is categorically In response to H.J. Res 60, the excluded from further review, under SUMMARY: The National Park Service is Secretary of the Interior has directed the Figure 2–1, paragraph (32)(e), of the temporarily revising a regulation for the National Park Service (NPS), from July Instruction. National Capital Region. This revision 16 through July 20, 2019, to allow a A preliminary Record of will allow the projection of government- once-in-a-lifetime commemorative event Environmental Consideration and a selected film footage and associated to project film footage and associated Memorandum for the Record are not imagery of the Apollo 11 Mission onto imagery of the Apollo 11 Mission onto required for this rule. the Washington Monument for an the fac¸ade of the Washington

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Monument. The film footage and official commemorative event will begin be impractical because of the limited imagery will be selected and provided on July 16, 2019 and end on July 20, time remaining before July 16, 2019. A by NASA and the Smithsonian National 2019. After the temporary rule expires 30-day delay in this instance would be Air and Space Museum. on July 23, 2019, the NPS regulation at unnecessary and contrary to the public Due to ongoing renovations, 36 CFR 7.96(g)(3)(ii)(A) will revert to its interest. Therefore, under the traditional public use and enjoyment of former wording. Administrative Procedure Act (5 U.S.C. the Washington Monument will Compliance With Other Laws, 553(d)(3)), the NPS has determined that continue to be limited through this temporary rule will be effective on 2019. This commemorative event will Executive Orders and Department Policy the date published in the Federal enhance the public’s experience and Register. enjoyment of the Washington Regulatory Planning and Review Monument, even when required to (Executive Orders 12866 and 13563) Regulatory Flexibility Act remain outside the renovation’s Executive Order (E.O.) 12866 provides This rule will not have a significant construction zone barriers. that the Office of Information and economic effect on a substantial number Temporary Rule Regulatory Affairs in the Office of of small entities under the Regulatory Management and Budget will review all Flexibility Act (5 U.S.C. 601 et seq.). Under an existing regulation at 36 significant rules. The Office of CFR 7.96(g)(3)(ii)(A), the Washington Small Business Regulatory Enforcement Information and Regulatory Affairs has Monument is surrounded by a restricted Fairness Act determined that this rule is not zone which consists of the area enclosed significant. This rule is not a major rule under 5 within the inner circle that surrounds E.O. 13563 reaffirms the principles of U.S.C. 804(2), the Small Business the Monument’s base. The restricted E.O. 12866, while calling for Regulatory Enforcement Fairness Act. zone includes the sides of the improvements in the Nation’s regulatory This rule: Washington Monument itself, on which system to promote predictability, to (a) Does not have an annual effect on film footage and associated imagery of reduce uncertainty, and to use the best, the economy of $100 million or more. the Apollo 11 Mission would be most innovative, and least burdensome (b) Will not cause a major increase in projected. Demonstrations and special tools for achieving regulatory ends. The costs or prices for consumers, events are not allowed within the executive order directs agencies to individual industries, Federal, State, or restricted zone, except for the official consider regulatory approaches that local government agencies, or annual commemorative Washington reduce burdens and maintain flexibility geographic regions. birthday ceremony. This restricted zone and freedom of choice for the public (c) Does not have significant adverse is similar to restricted zones at the where these approaches are relevant, effects on competition, employment, Lincoln Memorial, Thomas Jefferson feasible, and consistent with regulatory investment, productivity, innovation, or Memorial, and Vietnam Veterans objectives. E.O. 13563 further the ability of U.S. based enterprises to Memorial, where demonstrations and emphasizes that regulations must be compete with foreign-based enterprises. special events also are prohibited by based on the best available science and NPS regulations. These restricted zones Unfunded Mandates Reform Act (2 that the rulemaking process must allow U.S.C. 1531 et seq.) are intended to maintain the memorials for public participation and an open in an atmosphere of calm, tranquility, exchange of ideas. The NPS has This rule does not impose an and reverence, as well as protect developed this rule in a manner unfunded mandate on State, local, or legitimate security and park value consistent with these requirements. Tribal governments or the private sector interests. 41 FR 12880 (1976) (Final of more than $100 million per year. The Rule). Reducing Regulation and Controlling rule does not have a significant or There has always been a regulatory Regulatory Costs (Executive Order unique effect on State, local, or Tribal exception for the restricted zone at the 13771). governments or the private sector. It Washington Monument that allows for Enabling regulations are considered addresses public use of national park the official annual commemorative deregulatory under guidance lands, and imposes no requirements on Washington birthday celebration. implementing E.O. 13771 (M–17–21). other agencies or governments. A Because Congress has passed a joint This rule allows a special event to take statement containing the information resolution requesting that the Secretary place that would otherwise be required by the Unfunded Mandates of the Interior hold a singular event to prohibited. Reform Act is not required. celebrate the tenacity of the American spirit represented by the moon landing, Administrative Procedure Act Takings (Executive Order 12630) and to hold it specifically at the Because this temporary rule is This rule does not effect a taking of Washington Monument with images necessary to carry out the request of private property or otherwise have projected on its surface, and because Congress to begin the official Apollo 11 takings implications under E.O. 12630. there is no operational impact to the celebration on July 16, 2019, and A takings implication assessment is not Washington Monument, the NPS will because of the limited time remaining required. temporarily revise its regulations to before setup will need to begin to meet allow for this unique, one-time use. This that deadline, the NPS is publishing this Federalism (Executive Order 13132) temporary rule establishes an exception temporary rule as a final rule. In Under the criteria in section 1 of E.O. to the prohibition on demonstrations accordance with the requirements of the 13132, the rule does not have sufficient and special events within the restricted Administrative Procedure Act (5 U.S.C. federalism implications to warrant the area of the Washington Monument that 553(b)(3)(B)), the NPS has determined preparation of a federalism summary will allow for the Apollo 11 event. This that publishing a proposed rule would impact statement. This rule only affects temporary rule will be effective on July be impractical because of the short time use of federally administered lands and 12, 2019 and expire on July 23, 2019, to period available. The NPS also believes waters. It has no outside effects on other allow for the setup and take-down of that publishing this temporary rule 30 areas. A federalism summary impact equipment related to the event. The days before it becomes effective would statement is not required.

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Civil Justice Reform (Executive Order List of Subjects in 36 CFR Part 7 some information is not publicly 12988) District of Columbia, National parks, available, e.g., confidential business Reporting and recordkeeping information (CBI) or other information This rule complies with the whose disclosure is restricted by statute. requirements of E.O. 12988. This rule: requirements. In consideration of the foregoing, the Certain other material, such as (a) Meets the criteria of section 3(a) National Park Service amends 36 CFR copyrighted material, is not placed on requiring that all regulations be part 7 as set forth below. the internet and will be publicly reviewed to eliminate errors and available only in hard copy form. ambiguity and be written to minimize PART 7—SPECIAL REGULATIONS, Publicly available docket materials are litigation; and AREAS OF THE NATIONAL PARK available through https:// (b) Meets the criteria of section 3(b)(2) SYSTEM www.regulations.gov, or please contact requiring that all regulations be written the person identified in the FOR FURTHER ■ in clear language and contain clear legal 1. The authority citation for part 7 INFORMATION CONTACT section for standards. continues to read as follows: additional availability information. Authority: 54 U.S.C. 100101, 100751, FOR FURTHER INFORMATION CONTACT: Erin Consultation With Indian Tribes 320102; Sec. 7.96 also issued under DC Code Trouba, Planning & Implementation (Executive Order 13175 and 10–137 and DC Code 50–2201.07. Branch (3AD30), Air & Radiation Department Policy) § 7.96 [Amended] Division, U.S. Environmental Protection The Department of the Interior strives Agency, Region III, 1650 Arch Street, ■ 2. In § 7.96(g)(3)(ii)(A), add the words Philadelphia, Pennsylvania 19103. The to strengthen its government-to- ‘‘and for the projection of government- government relationship with Indian telephone number is (215) 814–2023. selected film footage and associated Ms. Trouba can also be reached via Tribes through a commitment to imagery for an official event consultation with Indian Tribes and electronic mail at [email protected]. commemorating the Apollo 11 Mission’’ SUPPLEMENTARY INFORMATION: recognition of their right to self- after the word ‘‘ceremony’’. governance and Tribal sovereignty. The I. Background NPS has evaluated this rule under the Karen Budd-Falen, criteria in E.O. 13175 and under the Deputy Solicitor for Parks and Wildlife, On 11, 2019 (84 FR 14640), EPA Department’s Tribal consultation policy exercising the authority of Assistant Secretary published a notice of proposed and has determined that Tribal for Fish and Wildlife and Parks. rulemaking (NPRM) for the State of consultation is not required because the [FR Doc. 2019–14569 Filed 7–8–19; 8:45 am] Delaware. In the NPRM, EPA proposed rule will not have a substantial direct BILLING CODE 4310–EJ–P approval of Delaware’s negative effect on federally recognized Indian declaration for the 2016 Oil and Gas Tribes. CTG. On 27, 2016, EPA published in the Federal Register the Paperwork Reduction Act ENVIRONMENTAL PROTECTION AGENCY ‘‘Release of Final Control Techniques Guidelines for the Oil and Natural Gas This rule does not contain Industry.’’ 81 FR 74798. The CTG information collection requirements, 40 CFR Part 52 provided information to state, local, and and a submission to the Office of [EPA–R03–OAR–2018–0795; FRL–9996–26– tribal air agencies to assist them in Management and Budget under the Region 3] determining reasonably available Paperwork Reduction Act is not control technology (RACT) for volatile required. The NPS may not conduct or Approval and Promulgation of Air organic compounds (VOC) emissions sponsor and the public is not required Quality Implementation Plans; from select oil and natural gas industry to respond to a collection of information Delaware; Negative Declaration for the emission sources. Section 182(b)(2)(A) unless it displays a currently valid OMB Oil and Natural Gas Industry Control of the CAA requires that for ozone control number. Techniques Guidelines nonattainment areas classified as National Environmental Policy Act of AGENCY: Environmental Protection Moderate, states must revise their SIPs 1969 (NEPA) Agency (EPA). to include provisions to implement ACTION: Final rule. RACT for each category of VOC sources This rule does not constitute a major covered by a CTG document issued Federal action significantly affecting the SUMMARY: The Environmental Protection between 15, 1990, and the quality of the human environment. A Agency (EPA) is approving a state date of attainment. Section 184(b)(1)(B) detailed statement under the NEPA is implementation plan (SIP) revision of the CAA extends this requirement to not required because the rule is covered submitted by the State of Delaware. This states in the Ozone Transport Region by a categorical exclusion. NPS revision pertains to a negative (OTR). The state of Delaware is in the Handbook 2015 Section 3.3.A.8. We declaration for the October 2016 Oil and OTR and therefore is subject to this have also determined that the rule does Natural Gas Control Techniques CTG. States with no applicable sources not involve any of the extraordinary Guidelines (CTG) (2016 Oil and Gas for a specific CTG may submit as a SIP circumstances listed in 43 CFR 46.215 CTG). This action is being taken under revision a negative declaration stating that would require further analysis the Clean Air Act (CAA). that there are no applicable sources in under the NEPA. DATES: This final rule is effective on the state. , 2019. Effects on the Energy Supply (Executive II. Summary of SIP Revision and EPA Order 13211) ADDRESSES: EPA has established a docket for this action under Docket ID Analysis This rule is not a significant energy Number EPA–R03–OAR–2018–0795. All On , 2018, Delaware’s action under the definition in Executive documents in the docket are listed on Department of Natural Resources and Order 13211. A Statement of Energy the https://www.regulations.gov_ Environmental Control (DNREC) Effects in not required. website. Although listed in the index, submitted to EPA a SIP revision

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