Proposed Rules Federal Register Vol

21876

Proposed Rules Federal Register Vol. 79, No. 75

Friday, April 18, 2014

This section of the FEDERAL REGISTER with the direct final rule (DFR) (see 78 DEPARTMENT OF THE INTERIOR contains notices to the public of the proposed FR 69543) revising the record issuance of rules and regulations. The requirements contained in the National Park Service purpose of these notices is to give interested Mechanical Power Presses Standard. In persons an opportunity to participate in the 36 CFR Parts 1, 2, and 7 rule making prior to the adoption of the final the DFR, OSHA stated that it would rules. withdraw the companion NPRM and [NPS–WASO–REGS–12881; confirm the effective date of the final PXXVPAD0517.00.1] rule if it received no significant adverse RIN 1024–AE06 DEPARTMENT OF LABOR comments to the DFR by the close of the comment period, December 20, 2013. Areas of the National Park System; Occupational Safety and Health OSHA received two comments on the Administration General Provisions, Resource DFR by that date, neither of which were Protection, Public Use and Recreation, significant adverse comments (see ID: 29 CFR Part 1910 Pets and Service Animals; Special OSHA–2013–0010–0003 and OSHA– Regulations of the National Park [Docket No. OSHA–2013–0010] 2013–0010–0004 in the docket for this System, Olympic National Park, Isle RIN 1218–AC80 rulemaking). Accordingly, OSHA is Royale National Park withdrawing the proposed rule. In Record Requirements in the addition, OSHA is publishing a separate AGENCY: National Park Service, Interior. Mechanical Power Presses Standard Federal Register notice confirming the ACTION: Proposed rule. effective date of the final rule. AGENCY: Occupational Safety and Health SUMMARY: The National Park Service is Administration (OSHA), Labor. List of Subjects in 29 CFR Part 1910 proposing to define and differentiate ACTION: Proposed rule; withdrawal. service animals, from pets, domestic Mechanical power presses, animals, feral animals, livestock, and SUMMARY: With this notice, OSHA is Occupational safety and health, Safety. pack animals, and describe the withdrawing the proposed rule that circumstances under which service Authority and Signature accompanied its direct final rule animals would be allowed in a park revising the record requirements David Michaels, Ph.D., MPH, area. Special regulations for Olympic contained in the Mechanical Power Assistant Secretary of Labor for National Park and Isle Royale National Presses Standard. Occupational Safety and Health, U.S. Park would be amended to conform DATES: Effective April 18, 2014, OSHA Department of Labor, 200 Constitution with the proposed service-wide rule. is withdrawing the proposed rule Avenue NW., Washington, DC 20210, DATES: Comments must be received by published November 20, 2013 (78 FR authorized the preparation of this June 17, 2014. 69606). document. OSHA is issuing this ADDRESSES: You may submit your FOR FURTHER INFORMATION CONTACT: document pursuant to 29 U.S.C. 653, comments, identified by Regulation General information and press inquiries: 655, and 657, 5 U.S.C. 553, Secretary of Identifier Number (RIN) 1024–AE06, by Contact Frank Meilinger, Director, Labor’s Order 1–2012 (77 FR 3912), and any of the following methods: OSHA Office of Communications, Room 29 CFR part 1911. • Federal eRulemaking Portal: http:// N–3647, U.S. Department of Labor, 200 www.regulations.gov. Follow the Signed at Washington, DC, on April 14, instructions for submitting comments. Constitution Avenue NW., Washington, 2014. DC 20210; telephone: (202) 693–1999; • Mail to: A.J. North, Regulations email: [email protected]. David Michaels, Program, National Park Service, 1849 C Technical information: Contact Todd Assistant Secretary of Labor for Occupational Street NW., MS–2355, Washington, DC Owen, Directorate of Standards and Safety and Health. 20240. Guidance, Room N–3609, OSHA, U.S. [FR Doc. 2014–08863 Filed 4–17–14; 8:45 am] Instructions: All submissions received Department of Labor, 200 Constitution BILLING CODE 4510–26–P must include the agency name and RIN Avenue NW., Washington, DC 20210; for this rulemaking. All comments telephone: (202) 693–1941; fax: (202) received will be posted without change 693–1663; email: [email protected]. to http://www.regulations.gov, including SUPPLEMENTARY INFORMATION: Copies of any personal information provided. For this Federal Register notice: additional information, see the Public Electronic copies of this Federal Participation heading of the Register notice are available at http:// SUPPLEMENTARY INFORMATION section of www.regulations.gov. This Federal this document. Register notice, as well as news releases Docket: For access to the docket to and other relevant information, also is read background documents or available at OSHA’s Web page at http:// comments received, go to http:// www.osha.gov. www.regulations.gov. Withdrawal of the proposal: On FOR FURTHER INFORMATION CONTACT: A.J. November 20, 2013, OSHA published a North, National Park Service companion proposed rule (NPRM) along Regulations Program, by telephone:

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202–513–7742 or email: service_ The ADA, which does not apply to providing interim guidance on the use [email protected]. the federal government, extends a legal of service animals in units of the SUPPLEMENTARY INFORMATION: mandate similar to the coverage of National Park System while the NPS Section 504 of the Rehabilitation Act to began the process of amending its Background all state and local governments and to regulations to adopt the broader range of General Authority and Jurisdiction places of public accommodations and service animal as specified in the 1991 commercial facilities. Although the NPS DOJ regulations (28 CFR 36.104). In the National Park Service Organic is not governed by the ADA, NPS According to the Memorandum, service Act of 1916 (Organic Act) (16 U.S.C. 1 policy, as expressed in NPS Director’s animals were not to be considered pets, et seq.), Congress granted the National Order #42, is to align its regulations and in general, when accompanying a Park Service (NPS) broad authority to with the ADA and make NPS facilities, person with a disability (as defined by regulate the use of areas under its programs, and services accessible to and Federal law and DOJ regulations), jurisdiction, but the associated impacts usable by as many people as possible, service animals were to be allowed must leave the ‘‘scenery and the natural including those with disabilities. It is wherever visitors were allowed. Due to and historic objects and the wild life [in also NPS policy to follow, as the concern for visitor safety and these areas] unimpaired for the appropriate, the DOJ regulations that wildlife protection, park enjoyment of future generations.’’ implement title II and III of the ADA. superintendents retained authority to close an area to the use of service Section 3 of the Organic Act authorizes History of Service Animal Regulation in animals if it was determined that the the Secretary of the Interior, acting the Parks through the NPS, to ‘‘make and publish service animal posed a threat to the such rules and regulations as he may NPS regulations first addressed the health or safety of people or wildlife. deem necessary or proper for the use predecessor to service animals in 1966, The NPS immediately implemented the and management of the parks.’’ when the existing rule at 36 CFR 2.8(b) interim guidance. However, park The NPS protects park resources and prohibiting pets in ‘‘public eating superintendents continue to express visitors by regulating pets and other places, food stores and on designated concerns regarding the appropriateness domestic animals within park areas. The swimming beaches’’ was revised to of allowing certain types of animals regulations governing pets (36 CFR 2.15) include an exception for ‘‘Seeing Eye declared to be service animals in parks. dogs’’ (31 FR 16650). This exception were last amended in 1983. Since 1983, was expanded in 1983 to encompass DOJ Revised ADA Regulations federal statutes governing accessibility ‘‘guide dogs accompanying visually On September 15, 2010, the DOJ for persons with disabilities, as well as impaired persons or hearing ear dogs published revised regulations the use of service animals, have changed accompanying hearing-impaired implementing title II and III of the ADA, significantly. In response to these persons’’ (48 FR 30252). Because these including a new definition of service changes, the NPS is proposing to amend dogs provide direct services for persons animal that limits service animals to its regulations to ensure that we provide with disabilities, they are not dogs. Under the revised DOJ regulations, the broadest possible accessibility to considered pets under NPS regulations. a service animal is defined as ‘‘any dog individuals with disabilities. Accordingly, guide dogs and hearing ear that is individually trained to do work The proposed rule would define and dogs have been allowed to enter park or perform tasks for the benefit of an differentiate service animals from pets, areas where pets are prohibited. individual with a disability, including a domestic animals, feral animals, In 1991, after the passage of the ADA, physical, sensory, psychiatric, livestock, and pack animals and the DOJ expanded the definition of intellectual, or other mental disability.’’ describe the circumstances under which service animals to include ‘‘any guide (28 CFR 35.104 and 36.104). The revised service animals would be allowed in a dog, signal dog, or other animal trained definition states that other species of park area. The rule also ensures NPS to do work or perform tasks for the animals are not service animals. compliance with Section 504 of the benefit of an individual with a The DOJ revised regulations also state Rehabilitation Act of 1973 (29 U.S.C. disability’’ (56 FR 35544). After the DOJ that ‘‘[t]he work or tasks performed by 794), as amended, and better aligns NPS broadened the definition of service a service animal must be directly related regulations with the Americans with animal, a number of parks began to the individual’s disability.’’ (28 CFR Disabilities Act of 1990 (ADA) (42 receiving requests from the public to 35.104 and 36.104). Examples of the U.S.C. 12111–12117) and the bring a variety of service animals into appropriate work of service animals Department of Justice (DOJ) service the parks, including, but not limited to: include, but are not limited to, assisting animal regulations (28 CFR part 35 and dogs, cats, horses, primates, goats, birds, individuals who are blind with 36). Section 504 of the Rehabilitation rodents, and reptiles. Over the years, navigation, alerting individuals who are Act states, this has resulted in some confusion deaf to the presence of sounds, pulling No otherwise qualified individual with a within the NPS, because the regulations a wheelchair, alerting individuals to the disability in the United States . . . shall, at 36 CFR 2.15(a)(1) recognize only presence of allergens or the onset of a solely by reason of her or his disability, be guide dogs and hearing ear dogs as seizure, retrieving items, and providing excluded from the participation in, be denied exceptions to the prohibitions on pets in physical support and assistance to the benefits of, or be subjected to certain public areas. These requests individuals with mobility disabilities. discrimination under any program or activity have also caused park personnel to The DOJ regulations state that, ‘‘[t]he receiving Federal financial assistance or . . . crime deterrent effects of an animal’s conducted by any Executive Agency . . . (29 voice concerns regarding threats to U.S.C. 794) wildlife if other species of animals were presence and the provision of emotional allowed into areas where pets are support, well-being, comfort, or This law requires the NPS to provide prohibited. companionship do not constitute work persons with disabilities access to park or tasks for the purposes of this programs, services, and facilities, and NPS Interim Guidance on Service definition.’’ the opportunity to receive as close as Animals According to the DOJ regulations, a possible the same benefits as those On September 5, 2002, the NPS public entity may require an individual received by other visitors. Director issued a Memorandum with a disability to remove a service

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animal from the premises if: (a) The service animal is trained to perform not be allowed in areas of the park animal is out of control and the animal’s must be directly related to the person’s where pets, livestock, or pack animals handler does not take effective action to disability. A dog utilized solely for are prohibited. control it; or (b) the animal is not comfort or emotional support would not Revision of NPS Regulations at 36 CFR housebroken (28 CFR 35.136(b)). If a be considered a service animal and 2.15 service animal is excluded for these would be subject to the regulations reasons, the public entity must give the governing pets. Service animals would be allowed in individual with the disability the all NPS areas accessible to the public or Revision of NPS Regulations at 36 CFR opportunity to participate in the service, employees except in those 1.4 program, or activity without having the circumstances where the superintendent service animal on the premises (28 CFR Section 1.4 would be amended to add determines the presence of a service 35.136(c)). the terms disability and service animal animal in a specific area would pose a The DOJ revised regulations also and to modify the term pet. These threat to the health or safety of people include a provision that requires definitions would distinguish pets used or wildlife. In this case, the covered entities to make reasonable primarily for companionship from superintendent may impose additional modifications to policies, practices, or service animals trained to assist a conditions or restrictions or close the procedures to permit the use of a person with a disability. area to service animals. If the need for miniature horse by a person with a The term domestic animal would be conditions or closures arises, the disability if the miniature horse has added and defined to mean an animal superintendent must prepare a written been individually trained to do work or tamed to live in the human determination based on objective perform tasks for the benefit of the environment. The term feral animal evidence of the threat that explains why individual with a disability. Although would be added and defined to mean a a less restrictive measure will not the miniature horse is not included in domestic animal that is existing in a suffice. If an area is closed to service the DOJ’s definition of service animal wild or untamed state. The definition of animals, then that area must also be (which is limited to dogs), miniature pack animal would be revised and closed to pets. horses can be trained in ways similar to would no longer be limited to ‘‘horses, After consultation with the U.S. dogs to provide a wide array of services burros, mules, or other hoofed animals.’’ Public Health Service’s Wildlife Health to their handlers, such as guiding The existing language may Branch on the serious potential for individuals who are blind or have low unnecessarily exclude consideration of disease transmission between service vision, pulling wheelchairs, providing certain types of pack animals that do not animals and wildlife, the NPS has stability and balance for individuals have proper hooves, including alpacas, determined that a superintendent may with disabilities that impair the ability llamas, and camels. Instead, the term use this authority to require individuals to walk, and supplying leverage that pack animal would mean a domestic wishing to bring a service animal into enables a person with a mobility animal designated as a pack animal by an area where the service animal is disability to get up after a fall. Miniature the superintendent. This gives the likely to pose a threat to the health of horses may also serve as viable superintendent the authority to adjust wildlife to demonstrate proof of the alternatives to dogs for individuals with rules about the use of particular pack service animal’s current vaccinations for allergies, or for those whose religious animals after considering the impact diseases such as, but not limited to, beliefs preclude the use of dogs. from this use on the park environment. rabies, distemper, parvovirus, and Miniature horses commonly are sized The definition of the term livestock adenovirus, and proof of current similar to a large dog at heights of 24 to would be added to distinguish farm treatment for intestinal parasites and 34 inches measured to the shoulders animals utilized for agricultural use heart worms. A superintendent may also and generally weigh between 70 and from pets, service animals, and pack require similar proof for miniature 100 pounds. However, because animals. horses, such as, but not limited to, miniature horses can vary in size and be Amending § 1.4 to differentiate pets, demonstration of a rabies vaccine and larger and less flexible than dogs, the service animals, pack animals, and negative Coggins test for equine revised DOJ regulations allow entities to livestock from each other would clarify infectious anemia. An individual could exclude miniature horses if the presence the regulations governing domestic demonstrate proof by showing a copy of of the animal results in a fundamental animals in the National Park System. a veterinarian bill for the required alteration to the nature of the programs, For example, if a visitor wishes to bring vaccines and treatments, a state-issued activities, or services provided. a goat into a park, the park would first rabies tag, and/or a state health look to the purpose or function of the certificate, provided that the state Proposed Rule goat. If the goat would be used to vaccination requirements for the state Although the NPS is not a regulated transport equipment on designated health certificate mirror those entity under the ADA, the NPS intends routes, and the superintendent has established by the superintendent. to allow qualified individuals with designated goats as pack animals, the To protect park resources and the disabilities to bring working service goat would be considered a pack animal safety of visitors, the proposed rule animals and miniature horses to the subject to 36 CFR 2.16. If the goat was would subject the use of service animals parks in the manner as provided for in being used primarily for the production to certain standard rules that also the DOJ title II and III regulations of milk, it would be livestock subject to govern pets. Service animals may not be governing service animals. Consistent 36 CFR 2.60. If the goat was tamed to left unattended, may not make with DOJ regulations, the proposed rule live in the human environment as a unreasonable noise or exhibit aggressive would define a service animal as a dog domesticated animal and not being used behavior, and handlers must comply that is individually trained to do work as a pack animal or livestock, the goat with excrement disposal conditions or perform tasks for persons with would be considered a pet subject to 36 established by the superintendent. disabilities. Other species of animals, CFR 2.15. Because the goat is not a dog Service animals must be under control whether wild or domestic, trained or trained to do work for the benefit of a at all times while in the park. untrained, would not be considered person with a disability, the goat could Acceptable means of restraint would service animals. The work or tasks a not be a service animal and thus would include a harness, leash, or tether.

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However, the NPS acknowledges that in Isle Royale National Park is an local government agencies, or some instances, a disability may limit a isolated island whose wilderness geographic regions. person’s ability to exert physical control ecology is defined through predator- (c) Does not have significant adverse of a service animal. Further, some prey systems. There, concerns that effects on competition, employment, devices may interfere with the service nonnative mammals (and in particular investment, productivity, innovation, or animal’s safe, effective performance of those which might be brought as pets) the ability of U.S.-based enterprises to its work or tasks. In these cases, voice could alter those systems by compete with foreign-based enterprises. commands, signals, or other effective transmitting disease to the wild canids Unfunded Mandates Reform Act means would be required to control the of the park (the Eastern Timber Wolf (UMRA) service animal while it is performing its and the Red Fox), led to a regulatory work or tasks. prohibition. (42 FR 21777). That This rule does not impose an prohibition excepted ‘‘guide dogs unfunded mandate on State, local, or Law Enforcement and Emergency accompanying the blind.’’ Isle Royale is tribal governments or the private sector Service Dogs proposing to retain the general of more than $100 million per year. The The proposed rule would retain the prohibition on mammals and to replace rule does not have a significant or current exception authorizing dog use the guide dog exception with the unique effect on State, local or tribal by law enforcement officers and also proposed service-wide definition and governments or the private sector. It allows a park superintendent to § 2.15(b) provision for service animals. addresses public use of national park lands, and imposes no requirements on authorize dog use for search or recovery Compliance With Other Laws, operations. other agencies or governments. A Executive Orders, and Department statement containing the information Service Animals in Training Policy required by the UMRA (2 U.S.C. 1531 et Service animals in training are not yet Regulatory Planning and Review seq.) is not required. trained, and thus do not meet the legal (Executive Orders 12866 and 13563) Takings (Executive Order 12630) definition of service animal. To protect Executive Order 12866 provides that This rule does not affect a taking of park resources and the safety of park the Office of Information and Regulatory visitors, the rule would restrict the use private property or otherwise have Affairs (OIRA) in the Office of taking implications under Executive of service animals in training to areas Management and Budget will review all that are also open to pets. Order 12630. A takings implication significant rules. OIRA has determined assessment is not required. Miniature Horses that this rule is not significant. Executive Order 13563 reaffirms the Federalism (Executive Order 13132) Miniature horses are not included in principles of Executive Order 12866 Under the criteria in section 1 of the DOJ definition of service animal, but while calling for improvements in the Executive Order 13132, the rule does they were included in the authorizing nation’s regulatory system to promote not have sufficient federalism section of the DOJ regulations for predictability, to reduce uncertainty, implications to warrant the preparation service animals. The DOJ regulations and to use the best, most innovative, of a Federalism summary impact require that an entity shall make and least burdensome tools for statement. This proposed rule only ‘‘reasonable modifications in policies, achieving regulatory ends. The affects use of NPS administered lands practices, or procedures to permit the executive order directs agencies to and waters. It has no outside effects on use of a miniature horse by an consider regulatory approaches that other areas. A Federalism summary individual with a disability if the reduce burdens and maintain flexibility impact statement is not required. miniature horse has been individually and freedom of choice for the public trained to do work or perform tasks for where these approaches are relevant, Civil Justice Reform (Executive Order the benefit of the individual with a feasible, and consistent with regulatory 12988) disability.’’ (28 CFR 35.136(i)(1) and objectives. Executive Order 13563 This rule complies with the 36.302(c)(9)(i)). Under this proposed emphasizes further that regulations requirements of Executive Order 12988. rule, the superintendent may permit the must be based on the best available Specifically, this rule: use of a miniature horse by an science and that the rulemaking process (a) Meets the criteria of section 3(a) individual with a disability in must allow for public participation and requiring that all regulations be accordance with the assessment factors an open exchange of ideas. We have reviewed to eliminate errors and outlined in the DOJ regulations at 28 developed this rule in a manner ambiguity and be written to minimize CFR 35.136(i)(2) and 36.302(c)(9)(ii). consistent with these requirements. litigation; and The use of miniature horses would be (b) Meets the criteria of section 3(b)(2) subject to the same requirements that Regulatory Flexibility Act (RFA) requiring that all regulations be written govern the use of service animals. This rule will not have a significant in clear language and contain clear legal Proposed Revisions to 36 CFR 7.28 and economic effect on a substantial number standards. of small entities under the RFA (5 7.38 Consultation With Indian Tribes U.S.C. 601 et seq.) Two units of the National Park (Executive Order 13175 and Department System, Olympic National Park and Isle Small Business Regulatory Enforcement Policy) Royale National Park have park-specific Fairness Act (SBREFA) The Department of the Interior strives special regulations that use the term This rule is not a major rule under 5 to strengthen its government-to- ‘‘guide dog.’’ Olympic National Park is U.S.C. 804(2), the SBREFA. This rule: government relationship with Indian proposing to drop its current regulation (a) Does not have an annual effect on tribes through a commitment to on dogs and cats in favor of regulating the economy of $100 million or more. consultation with Indian tribes and where visitors may take these animals (b) Will not cause a major increase in recognition of their right to self- and service animals under the proposed costs or prices for consumers, governance and tribal sovereignty. We service-wide rule. individual industries, Federal, State, or have evaluated this rule under the

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Department’s consultation policy and Effects on the Energy Supply (Executive List of Subjects under the criteria in Executive Order Order 13211) 36 CFR Part 1 13175 and have determined that it has This rule is not a significant energy National parks, Penalties, Reporting no substantial direct effects on federally action under the definition in Executive and recordkeeping requirements, Signs recognized Indian tribes and that Order 13211. A Statement of Energy and symbols. consultation under the Department’s Effects in not required. tribal consultation policy is not 36 CFR Part 2 required. Clarity of This Rule Environmental protection, National We are required by Executive Orders Paperwork Reduction Act (PRA) (44 parks, Reporting and recordkeeping 12866 (section 1(b)(12)) and 12988 U.S.C. 3501 et seq.) requirements. (section 3(b)(1)(B)) and by the This rule does not contain Presidential Memorandum of June 1, 36 CFR Part 7 information collection requirements. 1998, to write all rules in plain National parks, Reporting and The Paperwork Reduction Act’s language. This means that each rule we recordkeeping requirements. publish must: implementing regulations define In consideration of the foregoing, the (a) Be logically organized; ‘‘information’’ as ‘‘statement or estimate National Park Service proposes to (b) Use the active voice to address of fact or opinion, regardless of form or amend 36 CFR Parts 1, 2, and 7 as set readers directly; format, whether in numerical, graphic, forth below: or narrative form, and whether oral or (c) Use clear language rather than maintained on paper, electronic or other jargon; PART 1—GENERAL PROVISIONS (d) Be divided into short sections and media.’’ 5 CFR 1320.3(h). However, sentences; and ■ 1. Revise the authority citation for Part ‘‘information’’ does not include ‘‘facts or (e) Use lists and tables wherever 1 to read as follows: opinions obtained through direct possible. observation by an employee or agent of Authority: 16 U.S.C. 1, 3, 9a, 460 1–6a(e), If you feel that we have not met these the sponsoring agency or through 462(k); DC Code 10–137 (2001), 50–2201 requirements, send us comments by one (2001). nonstandardized oral communication in of the methods listed in the ADDRESSES ■ 2. In § 1.4 amend paragraph (a) by: connection with such direct section. To better help us revise the ■ A. Adding the terms ‘‘Disability’’, observations.’’ 5 CFR 1320.3(h)(3) rule, your comments should be as ‘‘Domestic animal’’, ‘‘Feral animal’’, (italics added). In the proposed rule, an specific as possible. For example, you ‘‘Livestock’’, and ‘‘Service animal’’ authorized person may need to should tell us the numbers of the ■ B. Revising the terms ‘‘Pack animal’’ determine a number of facts, such as the sections or paragraphs that you find and ‘‘Pet’’ tasks that a service animal is able to unclear, which sections or sentences are The additions and revisions to read as perform (2.15(b)(1)(i), 2.15(b)(3)(iii)); the too long, the sections where you feel follows: type, size, and weight of the animal lists or tables would be useful, etc. (2.15(d)(i)(A)); and whether the animal Drafting Information: The primary § 1.4 What terms do I need to know? is housebroken. These facts will be author of this rule is C. Rose Wilkinson, (a) * * * determined by the authorized person via National Park Service, Regulations and Disability means a physical or mental direct observation of the animal. Special Park Uses, Washington, DC. impairment that substantially limits one Because these facts are obtained through or more of the major life activities of an Public Participation direct observation, they are not individual. considered information for the purposes It is the policy of the Department of * * * * * of the PRA, and a submission to the the Interior, whenever practicable, to Domestic animal means an animal Office of Management and Budget under afford the public an opportunity to that has been tamed to live in the the PRA is not required. We may not participate in the rulemaking process. human environment. conduct or sponsor and you are not Accordingly, interested persons may * * * * * required to respond to a collection of submit written comments regarding this Feral animal means a domestic information unless it displays a proposed rule by one of the methods animal that is existing in a wild or currently valid OMB control number. listed in the ADDRESSES section. All untamed state. comments must be received by midnight * * * * * National Environmental Policy Act of the close of the comment period. Bulk Livestock means any domestic animal (NEPA) comments in any format (hard copy or raised for the production of food or electronic) submitted on behalf of others other agricultural-based consumer This rule does not constitute a major will not be accepted. Federal action significantly affecting the products. quality of the human environment. A Public Availability of Comments * * * * * detailed statement under the NEPA of Before including your address, phone Pack animal means any domestic 1969 is not required because the rule is number, email address, or other animal designated as a pack animal by covered by a categorical exclusion. This personal identifying information in your the superintendent and used to rule is excluded from the requirement to comment, you should be aware that transport people or equipment on prepare a detailed statement because it your entire comment—including your designated routes. is a regulation of administrative, legal, personal identifying information—may * * * * * and technical nature (43 CFR 46.210(i)). be made publicly available at any time. Pet means any domestic animal that is We have also determined that the rule While you can ask us in your comment not a service animal, pack animal, or does not involve any of the to withhold your personal identifying livestock. extraordinary circumstances listed in 43 information from public review, we * * * * * CFR 46.215 that would require further cannot guarantee that we will be able to Service animal means any dog that analysis under NEPA. do so. has been individually trained to do

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work or perform tasks for the benefit of (i) The work or tasks the service (c) Service animals in training. an individual with a disability, animal is trained to perform must be Service animals in training are regulated including a physical, sensory, directly related to the individual’s as pets under the conditions in psychiatric, intellectual, or other mental disability. In making this determination, paragraph (a) of this section. disability. Other species of animals, an authorized person may observe the (d) Miniature horses. (1) The whether wild or domestic, trained or animal and ask if the animal is required superintendent may allow the use of a untrained, are not service animals for because of a disability and what work or miniature horse by an individual with a purposes of this definition. task the animal has been trained to disability if the miniature horse has * * * * * perform. Authorized persons must not been trained to do work or perform tasks ask about the nature or extent of a for the benefit of the individual with a PART 2—RESOURCE PROTECTION, person’s disability, nor may they require disability and after observing and PUBLIC USE AND RECREATION documentation of the disability or proof assessing the following factors: that the animal has been certified, (i) The type, size, and weight of the ■ 3. The authority citation for Part 2 trained, or licensed as a service animal. miniature horse and whether the facility continues to read as follows: (ii) The crime-deterrent effects of an can accommodate these features; Authority: 16 U.S.C. 1, 3, 9(a), 462(k). animal’s presence and the provision of (ii) Whether the handler has sufficient ■ 4. Revise § 2.15 to read as follows: emotional support, well-being, comfort, control of the miniature horse; or companionship do not constitute (iii) Whether the miniature horse is § 2.15 Pets and service animals. work or tasks for the purposes of this housebroken; and (a) Pets. (1) Pets are not allowed in provision. (iv) Whether the miniature horse’s public buildings, public transportation (2) A service animal must be presence in a specific facility vehicles, any location designated as a controlled at all times with a harness, compromises legitimate safety swimming beach, or any area the leash, or other tether, unless the requirements that are necessary for safe superintendent has closed to the restraint device would interfere with the operation. possession of pets. service animal’s safe, effective (2) If authorized by the (2) Pets must be crated, caged, performance of work or tasks or the superintendent, miniature horses are restrained with a leash no longer than individual’s disability prevents using regulated in the same manner as service six feet in length, or otherwise these devices. In those cases, the animals under the conditions in physically confined at all times. disabled individual must be able to paragraph (b)(1) through (4) of this (3) The following are prohibited: (i) recall the service animal to his or her section. Leaving an unattended pet tied to an side promptly using voice, signals, or (e) Animals running at large. (1) object, except in designated areas or other effective means of control. This Domestic or feral animals running at under conditions which may be must be demonstrated when requested large may be impounded, and the owner established by the superintendent; by an authorized person. of a domestic animal may be charged (ii) Allowing a pet to exhibit (3) An individual may be asked to reasonable fees for kennel or boarding aggressive behavior or make noise such remove a service animal from an area costs, feed, veterinarian fees, as barking or howling that is closed to pets if: transportation costs, and disposal. An (i) The animal is out of control and unreasonable considering location, time impounded animal may be put up for the animal’s handler does not take of day or night, impact on park users adoption or otherwise disposed of after effective action to control it; being held for 72 hours from the time and other relevant factors, or that (ii) The animal is not housebroken; or frightens wildlife; or the owner was notified of capture or 72 (iii) It is not readily apparent and the hours from the time of capture if the (iii) Failing to comply with pet individual with a disability is unwilling excrement disposal conditions which owner is unknown. or unable to articulate or demonstrate (2) Domestic or feral animals running may be established by the the work or task the animal has been superintendent. at large and observed by an authorized trained to perform, consistent with person in the act of killing, injuring, or (4) Pets may be kept by residents of paragraph (b)(1)(i) of this section. park areas consistent with the molesting humans or domestic animals (4) The prohibitions in paragraph or taking wildlife may be destroyed if provisions of this section and in (a)(3) of this section also apply to the accordance with conditions which may necessary for public safety or protection use of a service animal. of wildlife, domestic animals, including be established by the superintendent. (5) Upon determining that the use of livestock, or other park resources. (5) In park areas where hunting is service animals in a specific area poses (3) This paragraph (e) does not apply allowed, dogs may be used in support a threat to the health or safety of people to livestock, which are governed by of these activities in accordance with or wildlife, the superintendent may § 2.60 of this chapter. applicable Federal and State laws and in require proof of current vaccinations, accordance with conditions which may (f) Violating a closure, condition, or impose additional conditions or restriction established by the be established by the superintendent. restrictions, or close the area to service (6) This paragraph does not apply to superintendent under this section is animals. Any area closed to service prohibited. the use of dogs by authorized Federal, animals must be closed to pets. In State, and local law enforcement determining whether the use of service PART 7—SPECIAL REGULATIONS, officers, or emergency personnel animals poses a threat under this AREAS OF THE NATIONAL PARK authorized by the superintendent. paragraph, the superintendent must: SYSTEM (b) Service animals. (1) A service (i) Make a written determination animal may accompany an individual based on objective evidence evaluating ■ 5. The authority for Part 7 continues with a disability in a park area where the nature, probability, duration, and to read as follows: members of the public are allowed or severity of the threat; and Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec. may accompany an employee with a (ii) Explain in the written 7.96 also issued under 36 U.S.C. 501–511, DC disability in a park area where determination why less restrictive Code 10–137 (2001) and DC Code 50–2201.07 employees are allowed. measures will not suffice. (2001).

VerDate Mar<15>2010 14:15 Apr 17, 2014 Jkt 232001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\18APP1.SGM 18APP1 pmangrum on DSK3VPTVN1PROD with PROPOSALS-1 21882 Federal Register / Vol. 79, No. 75 / Friday, April 18, 2014 / Proposed Rules

■ 6. In § 7.28, remove and reserve deliveries are only accepted during the FOR FURTHER INFORMATION CONTACT: Rose paragraph (c) to read as follows: Docket’s normal hours of operation, and Quinto, (215) 814–2182, or by email at special arrangements should be made [email protected]. § 7.28 Olympic National Park. for deliveries of boxed information. SUPPLEMENTARY INFORMATION: In the * * * * * Final Rules section of this Federal (c) [Reserved] Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2013– Register, EPA is approving the State’s * * * * * SIP submittal as a direct final rule ■ 0191. EPA’s policy is that all comments 7. In § 7.38 revise paragraph (c) to read without prior proposal because the as follows: received will be included in the public docket without change, and may be Agency views this as a noncontroversial § 7.38 Isle Royale National Park. made available online at submittal and anticipates no adverse * * * * * www.regulations.gov, including any comments. A detailed rationale for the (c) Mammals. Dogs, cats, and other personal information provided, unless approval is set forth in the direct final mammals may not be brought into or the comment includes information rule. If no adverse comments are received in response to this action, no possessed in the park area, except for claimed to be Confidential Business further activity is contemplated. If EPA service animals under § 2.15(b) of this Information (CBI) or other information receives adverse comments, the direct chapter. whose disclosure is restricted by statute. final rule will be withdrawn and all Dated: March 14, 2014. Do not submit information that you public comments received will be Michael Bean, consider to be CBI or otherwise addressed in a subsequent final rule Acting Principal Deputy Assistant Secretary, protected through www.regulations.gov based on this proposed rule. EPA will for Fish and Wildlife and Parks. or email. The www.regulations.gov Web not institute a second comment period. [FR Doc. 2014–08563 Filed 4–17–14; 8:45 am] site is an ‘‘anonymous access’’ system, Any parties interested in commenting BILLING CODE 4312–EJ–P which means EPA will not know your on this action should do so at this time. identity or contact information unless For further information, please see the you provide it in the body of your information provided in the direct final ENVIRONMENTAL PROTECTION comment. If you send an email action, with the same title, that is AGENCY comment directly to EPA without going located in the ‘‘Rules and Regulations’’ through www.regulations.gov, your section of this Federal Register 40 CFR Part 52 email address will be automatically publication. [EPA–R03–OAR–2013–0191; FRL–9909–61– captured and included as part of the Please note that if EPA receives Region–3] comment that is placed in the public adverse comment on an amendment, docket and made available on the paragraph, or section of this rule and if Approval and Promulgation of Air Internet. If you submit an electronic that provision may be severed from the Quality Implementation Plans; Virginia; comment, EPA recommends that you remainder of the rule, EPA may adopt Revision for GP Big Island, LLC include your name and other contact as final those provisions of the rule that AGENCY: Environmental Protection information in the body of your are not the subject of an adverse Agency (EPA). comment and with any disk or CD–ROM comment. ACTION: Proposed rule. you submit. If EPA cannot read your Dated: April 4, 2014. comment due to technical difficulties W.C. Early, SUMMARY: The Environmental Protection and cannot contact you for clarification, Acting Regional Administrator, Region III. Agency (EPA) proposes to approve the EPA may not be able to consider your [FR Doc. 2014–08656 Filed 4–17–14; 8:45 am] State Implementation Plan (SIP) comment. Electronic files should avoid BILLING CODE 6560–50–P revision submitted by the the use of special characters, any form Commonwealth of Virginia for the of encryption, and be free of any defects purpose of establishing a revision to the or viruses. state operating permit for the control of DEPARTMENT OF COMMERCE Docket: All documents in the visibility-impairing emissions from GP electronic docket are listed in the National Oceanic and Atmospheric Big Island, LLC on a shutdown of an www.regulations.gov index. Although Administration individual unit. listed in the index, some information is DATES: Comments must be received in not publicly available, i.e., CBI or other 50 CFR Part 679 writing by May 19, 2014. information whose disclosure is [Docket No. 090313314–4317–01] ADDRESSES: Submit your comments, restricted by statute. Certain other identified by Docket ID Number EPA– material, such as copyrighted material, RIN 0648–AX78 R03–OAR–2013–0191 by one of the is not placed on the Internet and will be following methods: publicly available only in hard copy Fisheries of the Exclusive Economic A. www.regulations.gov. Follow the form. Publicly available docket Zone Off Alaska; Modifications to on-line instructions for submitting materials are available either Federal Fisheries Permits and Federal comments. Processor Permits B. Email: [email protected]. electronically in www.regulations.gov or C. Mail: EPA–R03–OAR–2013–0191, in hard copy during normal business AGENCY: National Marine Fisheries Cristina Fernandez, Associate Director, hours at the Air Protection Division, Service (NMFS), National Oceanic and Office of Air Program Planning, U.S. Environmental Protection Agency, Atmospheric Administration (NOAA), Mailcode 3AP30, U.S. Environmental Region III, 1650 Arch Street, Commerce. Protection Agency, Region III, 1650 Philadelphia, Pennsylvania 19103. ACTION: Proposed rule; request for Arch Street, Philadelphia, Pennsylvania Copies of the State submittal are comments. 19103. available at the Virginia Department of D. Hand Delivery: At the previously- Environmental Quality, 629 East Main SUMMARY: NMFS proposes to change listed EPA Region III address. Such Street, Richmond, Virginia 23219. criteria for submission, approval,

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