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person listed in the FOR FURTHER more in any one year. Though this rule (b) Regulations. Under the general INFORMATION CONTACT section. will not result in such an expenditure, safety zone regulations in subpart C of Small businesses may send comments we do discuss the effects of this rule this part, you may not enter the safety on the actions of Federal employees elsewhere in this preamble. zone described in paragraph (a) of this who enforce, or otherwise determine section unless authorized by the Captain F. Environment compliance with, Federal regulations to of the Port Sector Ohio Valley (COTP) the Small Business and Agriculture We have analyzed this rule under or the COTP’s designated representative. Regulatory Enforcement Ombudsman Department of Homeland Security (c) Enforcement period. This section and the Regional Small Business Directive 023–01 and Environmental will be enforced from 9:30 to 10 p.m. on Regulatory Fairness Boards. The Planning COMDTINST 5090.1 (series), August 31, 2019. Ombudsman evaluates these actions which guide the Coast Guard in (d) Information broadcasts. The Coast annually and rates each agency’s complying with the National Guard will issue Broadcast Notices to responsiveness to small business. If you Environmental Policy Act of 1969 (42 Mariners, and Local Notices to Mariners wish to comment on actions by U.S.C. 4321–4370f), and have about this safety zone. determined that this action is one of a employees of the Coast Guard, call 1– Dated: August 12, 2019. 888–REG–FAIR (1–888–734–3247). The category of actions that do not A.M. Beach, Coast Guard will not retaliate against individually or cumulatively have a small entities that question or complain significant effect on the human Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley. about this rule or any policy or action environment. This rule involves a safety of the Coast Guard. zone lasting 30 minutes that will [FR Doc. 2019–17706 Filed 8–16–19; 8:45 am] prohibit access to the Ohio River from BILLING CODE 9110–04–P C. Collection of Information mile marker 264.6 to mile marker 265.6. This rule will not call for a new It is categorically excluded from further collection of information under the review under paragraph L60(a) in Table DEPARTMENT OF THE INTERIOR Paperwork Reduction Act of 1995 (44 3–1 of U.S. Coast Guard Environmental U.S.C. 3501–3520). Planning Implementing Procedures. A National Park Service Record of Environmental Consideration D. Federalism and Indian Tribal 36 CFR Part 7 Governments supporting this determination is available in the docket where indicated [Docket No. NPS–2018–0008; NPS–DEVA– A rule has implications for federalism under ADDRESSES. 25759; PPWONRADE2, PMP00EI05.YP0000] under Executive Order 13132, Federalism, if it has a substantial direct G. Protest Activities RIN 1024–AE48 effect on the States, on the relationship The Coast Guard respects the First between the national government and Death Valley National Park; Amendment rights of protesters. Designation of Airstrip the States, or on the distribution of Protesters are asked to contact the power and responsibilities among the person listed in the FOR FURTHER AGENCY: National Park Service, Interior. various levels of government. We have INFORMATION CONTACT section to ACTION: Final rule. analyzed this rule under that Order and coordinate protest activities so that your have determined that it is consistent message can be received without SUMMARY: The National Park Service with the fundamental federalism jeopardizing the safety or security of revises the special regulations for Death principles and preemption requirements people, places or vessels. Valley National Park to designate the described in Executive Order 13132. Saline Valley Warm Springs Airfield, List of Subjects in 33 CFR Part 165 Also, this rule does not have tribal commonly known as the Chicken Strip, implications under Executive Order Harbors, Marine Safety, Navigation within the Saline Valley Warm Springs 13175, Consultation and Coordination (water), Reporting and Recordkeeping Area as a location available for the with Indian Tribal Governments, Requirements, Security Measures, operation of aircraft. because it does not have a substantial Waterways. DATES: This rule is effective on August direct effect on one or more Indian For the reasons discussed in the 19, 2019. tribes, on the relationship between the preamble, the Coast Guard amends 33 FOR FURTHER INFORMATION CONTACT: Federal Government and Indian tribes, CFR part 165 as follows: or on the distribution of power and Kelly Daigle, National Park Service, responsibilities between the Federal PART 165—REGULATED NAVIGATION Environmental Quality Division, (303) _ Government and Indian tribes. If you AREAS AND LIMITED ACCESS AREAS 987–6897, kelly [email protected]. believe this rule has implications for SUPPLEMENTARY INFORMATION: ■ 1. The authority citation for part 165 federalism or Indian tribes, please call Background or email the person listed in the FOR continues to read as follows: FURTHER INFORMATION CONTACT section Authority: 46 U.S.C. 70034, 70051; 33 CFR Saline Valley is a large desert valley above. 1.05–1, 6.04–1, 6.04–6, and 160.5; located in the northwest portion of Department of Homeland Security Delegation Death Valley National Park (the park). E. Unfunded Mandates Reform Act No. 0170.1. The Saline Valley Warm Springs Area is The Unfunded Mandates Reform Act ■ 2. Add § 165.T08–0665 to read as approximately 1,100 acres of of 1995 (2 U.S.C. 1531–1538) requires follows: backcountry surrounded by wilderness. Federal agencies to assess the effects of This Area is distinctive, both in the their discretionary regulatory actions. In § 165.T08–0665 Safety Zone; Ohio River, setting of the site and in its geology. particular, the Act addresses actions Point Pleasant, WV. Saline Valley is a closed basin, which that may result in the expenditure by a (a) Location. The following area is a means that the water does not flow to State, local, or tribal government, in the safety zone: all navigable waters on the another body of water. Water in closed aggregate, or by the private sector of Ohio River from mile marker (MM) basins only leaves the system by $100,000,000 (adjusted for inflation) or 264.6 to MM 265.6. evaporation or diversion. The Saline

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Valley Warm Springs are among the Historically, the landing strips were the operation or use of an aircraft on highest-flow springs in the park. The used by miners and prospectors to lands or waters other than at locations mountain ranges surrounding this access Saline Valley. The Chicken Strip designated pursuant to a special valley, Saline Range, Last Chance is the only remaining active landing regulation. Range, and Inyo Range, have elevations strip within the Saline Valley Warm This rule also removes references to ranging from 7,000 feet to over 11,000 Springs Area. It is approximately 1,400 ‘‘Death Valley National Monument’’ and feet, which result in spectacular views feet long and 35 feet wide. The strip has ‘‘Monument’’ in § 2.17 and replaces from the Saline Valley Warm Springs at a tie-down area large enough to them with references to ‘‘Death Valley an elevation of around 1,000 feet in the accommodate five small planes. National Park’’ and ‘‘Park’’. This reflects valley floor. Features of the airstrip include a the abolishment of Death Valley The Timbisha Shoshone Tribe (the windsock, painted rocks lining the strip, National Monument and the Tribe), whose homelands encompass the and two airplane tie-downs. Visitors establishment of Death Valley National entirety of the park, has a deep affinity who fly into the Saline Valley Warm Park in 1994. 16 U.S.C. 410aaaa–1. for the Saline Valley Warm Springs Area Springs Area via the Chicken Strip often Summary of Public Comments due to the existence of long-lived camp next to their airplanes. historical and ethnographic The Chicken Strip surface is The NPS published a proposed rule in connections. The Timbisha Shoshone maintained by the community of the Federal Register on September 20, Homeland Act of 2000 (Homeland Act; recreational pilots who use it. The 2018 (83 FR 47587). The NPS accepted Pub. L. 106–423) specified designated Recreational Aviation Foundation public comments on the proposed rule special use areas. Saline Valley is part (RAF), an organization of private pilots, for 60 days via the mail, hand delivery, of one of these special use areas. The is active in the promotion of the and the Federal eRulemaking Portal at waters of the warm springs in Saline continued use of the Chicken Strip. In http://www.regulations.gov. Comments Valley are a source of puha for the 2017, the NPS renewed a memorandum were accepted through November 19, Tribe, a life force energy. Although the of understanding (MOU) with the RAF 2018. A total of 461 comments were development of the Area by Euro- that allows the RAF to maintain the submitted and reviewed. A summary of Americans degraded puha and other Chicken Strip under the supervision of the pertinent issues raised in the ethnographic resources, Tribal leaders NPS staff at no cost to the NPS. comments and NPS responses are still seek these cultural connections Maintenance activities include leveling provided below. Several comments on from historic times until the present and and packing the surface and removing the proposed rule addressed the NPS’s will continue to do so in the future. stones and debris. evaluation of the environmental impacts The Saline Valley Warm Springs Area Based on visitor registration logs at of the preferred alternative in the Saline has not been formally or systematically the Chicken Strip, approximately 440 Valley Warm Springs Draft Management developed for use by the NPS but does people visited Saline Valley via airplane Plan/Environmental Impact Statement have a number of user-developed and from 2008 to 2012, averaging 88 visitors (DEIS). These comments are not user-maintained structures and per year. Of the aircraft reported, addressed in this final rule. The NPS facilities. Visitors enjoy backcountry approximately two-thirds were Cessna evaluated the environmental impacts of camping and soaking tubs created by models. Other types of planes included each alternative in the FEIS and diverting water from natural source various models of Pipers, Maules, and explained the reasons for selecting the springs. Visitors use the Saline Valley Beechcraft. The largest number of preferred alternative in the ROD. After Warm Springs Area throughout the year people recorded in one aircraft was six. considering the public comments and but the cooler months, October to May, The Chicken Strip is the last after additional review, the NPS did not receive the highest use; holidays are backcountry airstrip remaining in the make any changes to the rule. times of especially heavy use. The park and provides a unique and 1. Comment: Several commenters Lower Spring area is the most challenging aviation experience. expressed concern that designation of developed and includes the following Retaining use of the airstrip will benefit the Chicken Strip for use by aircraft will features: Cool Pool, Sunrise Pool, visitor use and experience for those lead to increased use, and the related Crystal Pool, Children’s Play Tub, visitors who seek this type of recreation, noise pollution will negatively impact communal fire pit, library, shower, or those visitors who enjoy watching the the remote character and quietude of bathtub, sink for dishwashing, aircraft fly into the Saline Valley Warm Saline Valley and surrounding maintained lawn, settling pond, auto Springs Area. wilderness, thus altering and ultimately shop, and the camp host site. It is the diminishing the experience of visitors Final Rule site of many communal activities, such who are seeking respite from such as group fires, communal dinners, and This rule designates the Chicken Strip intrusion. Other commenters expressed singing. The site contains heavy feral airstrip as available for use by aircraft. concern that the rule imposes no burro concentration and use, and This action implements part of the constraints on the number and invasive species such as palm trees and preferred alternative identified in the frequency of flights that can land at the Bermuda grass. May 2019 Saline Valley Warm Springs Chicken Strip. One commenter Management Plan and Environmental suggested establishing a permit system Chicken Strip Airstrip Impact Statement (FEIS). On June 14, to manage use. There is a small, unimproved landing 2019, the Regional Director for the NPS Response: There is no evidence strip to the west of Lower Spring, Pacific West Region signed a Record of to suggest, and the NPS does not referred to as the Chicken Strip. The Decision identifying the preferred anticipate, that the designation of the formal name of the airstrip is the Saline alternative as the selected alternative. Chicken Strip will lead to increased Valley Warm Springs Airfield. The The airstrip has been in use since before aircraft use at the Saline Valley Warm airstrip is located at latitude N the NPS began managing the Saline Springs Area. The use of the airstrip is 36°48.41′, longitude W 117°46.90′. In Valley Warm Springs Area in 1994. This technically demanding even for the past years, there were up to three rule codifies the continued use of the most experienced pilots and is therefore landing strips for small planes in this airstrip. National Park Service (NPS) somewhat self-regulating due the size of Area. Two have been decommissioned. regulations at 36 CFR 2.17(a)(1) prohibit the landing area—1,400 feet long and 35

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feet wide. From 2008–2012, 235 planes alternative, more affordable means of Valley by aircraft before it was managed landed at the Chicken Strip, averaging visitor access than private aviation, with by the NPS and most use the airstrip to 47 planes per year. More recent data nominal environmental harm. access recreational activities in the collected from 2017 and 2018 NPS Response: Most visitors access Saline Valley. Although recreational documented 74 planes which landed at the Saline Valley Warm Springs Area flyers may access nearby airstrips such the Chicken Strip during this time, via Saline Valley Road, from either the as Furnace Creek, Stovepipe Wells, or averaging 37 landings per year. Given north (North Pass) or the south (South Lone Pine, access to the Saline Valley the current use levels, there is no plan Pass). Inyo County maintains the road Warm Springs Area requires an for establishing a permit system for from the southern access point at additional 3–4-hour drive from any of aircraft at the Chicken Strip at this time, California Highway 190 to Big Pine these other airstrips, and pilots would though this could be reconsidered if use Road at the northern access point. The need to arrange vehicle transport in significantly increases. NPS maintains the other roads nearby advance to travel to Saline Valley from Of the aircraft reported, the Saline Valley Warm Springs Area these locations. The experience one gets approximately two-thirds were various according to the park’s standards for by visiting the Saline Valley Warm models of Cessna or Vistaliner backcountry roads. Aircraft are just one Springs Area by landing at the Chicken airplanes, averaging a decibel (dB) level of several motorized means of accessing Strip is completely different than the of less than 80dB when flying over at the Area for recreational purposes. The experience one has at Furnace Creek. 1,000 feet (Federal Aviation designation of the Chicken Strip does Furnace Creek is a highly developed Administration 2001 and 2012) which is not preclude other recreational activities area that sees over 1.7 million visitors quieter than the sound of a garbage from occurring at the site, nor does it per year, while the Saline Valley Warm disposal but at a level that could hinder access by other means of Springs Area is extremely remote and interrupt speech (Purdue University transportation (foot, vehicle, primitive, offering more opportunities 2000). Although the NPS acknowledges motorcycle, etc.). Both routine road for solitude and more primitive forms of that reactions to sound are different for maintenance by Inyo County and recreation. every visitor, sound from recreational airstrip maintenance by the RAF in 5. Comment: One commenter raised aircraft using the Chicken Strip will be accordance with an existing MOU have concerns that the rule will necessitate infrequent and short in duration. For the potential to displace soils and the provision of related concessions, this reason, the continued use of the impact vegetation conditions; however, such as fuel, water, and food amenities, airstrip is not expected to degrade the the impacts at the Saline Valley Warm that will further disrupt the solitude of quietude more than the use of vehicles Springs Area are largely driven by the area. to access the Saline Valley Warm visitors participating in recreational NPS Response: At this time, the NPS Springs Area. Additionally, some activities after they have arrived at the is not considering additional visitors feel that the frequent military springs. concessions or amenities, and any overflights, which are much louder, 4. Comment: Some commenters future provision of commercial services have a larger impact on the surrounding questioned whether the NPS or the would require additional public area than the sounds from small private Federal Aviation Administration (FAA) outreach and environmental analysis. planes. have conducted safety assessments of The limited services currently available 2. Comment: A number of the Chicken Strip and dispute the need for vehicles at the Saline Valley Warm commenters objected to the designation for a ‘‘challenge’’ airstrip inside the park Springs Area are provided free of charge of the airstrip because although it when other nearby airstrips—for by a volunteer and will be phased out improves accessibility for one example the airstrip at Furnace Creek— with the implementation of the FEIS. recreational activity, it does not can accommodate aircraft. 6. Comment: Several commenters maximize the visitor experience for the NPS Response: The FAA is not supported decommissioning the broader visiting public and favors a required to and has not conducted a Chicken Strip and restoring the site to small group of stakeholders over other safety assessment of the Chicken Strip. natural conditions to ensure the Area is recreationists. 49 U.S.C. 44708. The airstrip is serviced managed in a manner that is consistent NPS Response: The NPS recognizes by the NPS through the MOU with the with conservation and backcountry that visitors use the Saline Valley Warm RAF. This MOU addresses maintenance qualities and experiences. Springs Area for a variety of recreational such as leveling and packing the NPS Response: The Saline Valley experiences. Designation of the Chicken surface, removing rocks and debris, and Warm Springs Area is managed as a Strip ensures that the Saline Valley maintaining runway markers. The RAF backcountry campground for Warm Springs Area is open and assists the NPS in many ways to backcountry qualities and experiences. accessible for recreational pursuits by improve safety, including replacing The Chicken Strip is considered a all visitors. The airstrip will allow wind socks and arranging work days, backcountry feature and is maintained accessibility for recreational flyers and often with the help of park personnel, in a way that is in keeping with visitors that cannot access the site by to make repairs. The NPS has recurring backcountry experiences. It offers no vehicle. Use of the airstrip will not needs for maintenance at the Chicken commercial services. Visitors to Death prohibit nor impede access to the Area Strip due to rainstorms. When a storm Valley National Park will continue to for other recreational uses including event is severe enough, the NPS will enjoy a wide range of backcountry soaking, sightseeing, camping, hiking, temporarily close the airstrip until activities in the Saline Valley Warm backpacking, and biking. Some visitors repair work can be completed. Springs Area. For some visitors, being have said they enjoy watching the Although the NPS is not designating able to access the Chicken Strip via aircraft land at the Chicken Strip. the Chicken Strip for the challenge it aircraft is a valued and important 3. Comment: One commenter provides to recreational flyers, the NPS backcountry experience. The NPS suggested that rather than designate the acknowledges that the Chicken Strip evaluated the environmental impacts of Chicken Strip as available to aircraft, the presents a challenge. The intent is to five alternatives in the FEIS, including NPS should better manage the existing maintain air access for a variety of a restoration alternative, and explained dirt road and emphasize other experiences for pilots of small aircraft. the reasons for selecting the preferred recreational activities to provide for Users have been accessing the Saline alternative in the ROD. The FEIS and

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ROD can be found online at http:// NPS Response: The NPS does not Reducing Regulation and Controlling parkplanning.nps.gov/ believe that designating the Chicken Regulatory Costs (Executive Order SalineValleyWarmSprings, by clicking Strip will be precedent setting, nor is it 13771) on the link entitled ‘‘Document List.’’ incompatible with the values of the Enabling regulations are considered 7. Comment: Numerous commenters NPS. Backcountry airstrips have a long deregulatory under guidance questioned whether the NPS consulted history on public lands, including on implementing E.O. 13771 (M–17–21). with impacted tribes and were lands managed by multiple units of the This rule designates an airstrip for the concerned that official designation of NPS, and are not considered recreational use and enjoyment of the the Chicken Strip is contrary to the incompatible with the values of Death public that would otherwise be interests of the Timbisha Shoshone Valley National Park. Backcountry prohibited. Tribe. airstrips allow visitors to access remote NPS Response: The NPS sought Administrative Procedure Act areas to enjoy recreational activities. comment from the Timbisha Shoshone The Chicken Strip is one of three The NPS recognizes that rules Tribe, the Big Pine Band of Owens airstrips currently used within Death ordinarily do not become effective until Valley, the Bishop Paiute Tribe, the Fort Valley National Park. Both Death Valley at least 30 days after their publication in Independence Community of Paiute, the the Federal Register. The NPS has Kern River Paiute Council, and the Lone Airport and Stovepipe Wells Airport have special regulations allowing for determined, however, that this rule Pine Paiute Shoshone Reservation shall be effective upon immediately during the scoping phase, alternatives their use. The Chicken Strip has been in continuous use for decades, pre-dating upon publication. The NPS provided a development phase, and DEIS phase of 60-day public comment period for the the project. The tribes, other than the management of the Area by the NPS. This rule will formalize its continued proposed rule (83 FR 47587). The NPS Timbisha Shoshone Tribe, declined to has determined that any further delay in operation as a backcountry airstrip. provide formal comment. The NPS implementing this rule would not be in Additionally, 36 CFR 2.17 prohibits the formally invited the Timbisha Shoshone the public interest. The Chicken Strip operation or use of aircraft on lands or Tribe to participate as a cooperating has been in continuous use for decades, agency on the Saline Valley Warm waters other than at locations pre-dating the management of the Area Springs Management Plan and designated pursuant to special by the NPS. This rule will formalize its Environmental Impact Statement (Plan/ regulations. In order for other NPS units continued operation as a backcountry EIS) process. The Tribe accepted the to allow this activity, notice and airstrip and therefore does not impact offer, and since 2012, has had the comment rulemaking, and compliance the public in terms of requiring lead opportunity to participate on issues and with other laws, Executive Orders, and time for compliance. For this reason, the alternatives development, including Departmental policy, is required. NPS finds good cause under 5 U.S.C. alternatives that would designate the Compliance With Other Laws, 553(d)(3) to make this rule effective Chicken Strip, internal document immediately upon publication. review, and review and response to Executive Orders and Department public comments. Consultation under Policy Regulatory Flexibility Act the National Environmental Policy Act Regulatory Planning and Review This rule will not have a significant and Section 106 of the National Historic (Executive Orders 12866 and 13563) economic effect on a substantial number Preservation Act was completed through of small entities under the Regulatory the Plan/EIS process. Additionally, the Executive Order 12866 provides that Flexibility Act (5 U.S.C. 601 et seq.). NPS commissioned an assessment of the the Office of Information and Regulatory This certification is based on eligibility of the Saline Valley Warm Affairs in the Office of Management and information in the report entitled ‘‘Cost- Springs Area as an ethnographic site Budget will review all significant rules. Benefit and Regulatory Flexibility eligible for listing on the National The Office of Information and Threshold Analyses: Special Register of Historic Places. This Regulatory Affairs has determined that Regulations for Designation of Airstrip determination of eligibility (DOE) this rule is not significant. at Death Valley National Park’’ which is considered the potential significance of Executive Order 13563 reaffirms the available online at http:// the site from the perspective of the parkplanning.nps.gov/ Tribe. The NPS found that historic principles of Executive Order 12866 while calling for improvements in the SalineValleyWarmSprings by clicking properties in the Area will not be on the link entitled ‘‘Document List.’’ adversely affected by the nation’s regulatory system to promote implementation of the selected predictability, to reduce uncertainty, Small Business Regulatory Enforcement alternative, which includes the and to use the best, most innovative, Fairness Act designation of the Chicken Strip. The and least burdensome tools for This rule is not a major rule under 5 NPS evaluated this rule separately achieving regulatory ends. The U.S.C. 804(2), the Small Business under Executive Order 13175 and, executive order directs agencies to Regulatory Enforcement Fairness Act. utilizing the Department of Interior’s consider regulatory approaches that This rule: tribal consultation policy, determined reduce burdens and maintain flexibility (a) Does not have an annual effect on that additional tribal consultation is not and freedom of choice for the public the economy of $100 million or more. required because the rule will not have where these approaches are relevant, (b) Will not cause a major increase in a substantial direct effect on federally feasible, and consistent with regulatory costs or prices for consumers, recognized tribes. objectives. Executive Order 13563 individual industries, Federal, State, or 8. Comment: One commenter stated emphasizes further that regulations local government agencies, or that the rule sets a poor precedent and must be based on the best available geographic regions. expressed worry that other units of the science and that the rulemaking process (c) Does not have significant adverse National Park System will similarly must allow for public participation and effects on competition, employment, begin to allow activities that are an open exchange of ideas. The NPS has investment, productivity, innovation, or incompatible with the values of the developed this rule in a manner the ability of U.S. based enterprises to NPS. consistent with these requirements. compete with foreign-based enterprises.

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Unfunded Mandates Reform Act (2 Shoshone Tribe under the National In consideration of the foregoing, the U.S.C. 1531 et seq.) Environmental Policy Act and the National Park Service amends 36 CFR This rule does not impose an National Historic Preservation Act was part 7 as set forth below: completed. The NPS invited the Tribe to unfunded mandate on State, local, or PART 7—SPECIAL REGULATIONS, tribal governments or the private sector become a cooperating agency on the AREAS OF THE NATIONAL PARK of more than $100 million per year. The DEIS on April 3, 2012. The NPS has SYSTEM rule does not have a significant or since conducted formal consultation with the Tribe and invited their unique effect on State, local or tribal ■ participation on issues and alternatives 1. The authority citation for part 7 governments or the private sector. It continues to read as follows: addresses public use of national park development and internal document lands, and imposes no requirements on review. In addition to formal Authority: 54 U.S.C. 100101, 100751, other agencies or governments. A consultation, the NPS commissioned an 320102; Sec. 7.96 also issued under D.C. Code 10–137 and D.C. Code 50–2201.07. statement containing the information assessment of the eligibility of the required by the Unfunded Mandates Saline Valley Warm Springs Area as an ■ 2. Amend § 7.26: Reform Act is not required. ethnographic site eligible for listing on ■ a. By revising the section heading; the National Register of Historic Places ■ b. In paragraphs (a) through (d), Takings (Executive Order 12630) under Criterion A. This assessment was wherever it occurs, by removing the This rule does not effect a taking of submitted to the State Historic word ‘‘Monument’’ and adding in its private property or otherwise have Preservation Office in early 2018. The place the word ‘‘Park’’; and takings implications under Executive NPS found that historic properties in ■ c. By adding paragraph (e)(3). Order 12630. A takings implication the Area will not be adversely affected The revision and addition to read as assessment is not required. by the implementation of the selected follows: alternative, which includes the Federalism (Executive Order 13132) § 7.26 Death Valley National Park. designation of the Chicken Strip. Under the criteria in section 1 of * * * * * Executive Order 13132, the rule does Paperwork Reduction Act (e) * * * not have sufficient federalism (3) Saline Valley Warm Springs This rule does not contain implications to warrant the preparation Airfield, latitude N 36°48.41′, longitude information collection requirements, of a federalism summary impact W 117°46.90′. and a submission to the Office of statement. This rule only affects use of Management and Budget under the Rob Wallace, federally-administered lands and Paperwork Reduction Act is not waters. It has no outside effects on other Assistant Secretary for Fish and Wildlife and required. The NPS may not conduct or Parks. areas. A federalism summary impact sponsor and the public is not required statement is not required. [FR Doc. 2019–17714 Filed 8–16–19; 8:45 am] to respond to a collection of information BILLING CODE 4310–EJ–P Civil Justice Reform (Executive Order unless it displays a currently valid OMB 12988) control number. This rule complies with the National Environmental Policy Act of ENVIRONMENTAL PROTECTION requirements of Executive Order 12988. 1969 (NEPA) AGENCY This rule: (a) Meets the criteria of section 3(a) This rule is part of a larger planning 40 CFR Part 52 requiring that all regulations be process for Saline Valley Warm Springs [EPA–R06–OAR–2015–0850; FRL–9997–80– reviewed to eliminate errors and that constitutes a major Federal action Region 6] ambiguity and be written to minimize significantly affecting the quality of the litigation; and human environment. NPS has prepared Air Plan Approval; New Mexico; (b) Meets the criteria of section 3(b)(2) the FEIS and ROD under the NEPA. The Approval of Revised Statutes; Error requiring that all regulations be written FEIS and ROD can be found online at Correction in clear language and contain clear legal http://parkplanning.nps.gov/ standards. SalineValleyWarmSprings, by clicking AGENCY: Environmental Protection on the link entitled ‘‘Document List.’’ Agency (EPA). Consultation With Indian Tribes ACTION: Direct final rule. (Executive Order 13175 and Department Effects on the Energy Supply (Executive Policy) Order 13211) SUMMARY: Pursuant to the Federal Clean The Department of the Interior strives Air Act (CAA or the Act), the This rule is not a significant energy to strengthen its government-to- Environmental Protection Agency (EPA) action under the definition in Executive government relationship with Indian is approving revisions to New Mexico’s Order 13211. A Statement of Energy Tribes through a commitment to State Implementation Plan (SIP) that Effects in not required. consultation with Indian Tribes and incorporate updates to the New Mexico recognition of their right to self- References Cited statutes. EPA is also correcting its governance and tribal sovereignty. The previous approval of some statute NPS has evaluated this rule under the A complete list of all references cited provisions to provide clarification of the criteria in Executive Order 13175 and in this proposed rule is available at approval action taken. under the Department’s tribal http://www.regulations.gov at Docket DATES: This rule is effective on consultation policy and has determined No. NPS–2018–0008. November 18, 2019 without further that tribal consultation is not required List of Subjects in 36 CFR Part 7 notice, unless the EPA receives relevant because the rule will not have a adverse comment by September 18, substantial direct effect on federally District of Columbia, National parks, 2019. If the EPA receives such recognized Indian tribes, although Reporting and Recordkeeping comment, the EPA will publish a timely consultation with the Timbisha requirements. withdrawal in the Federal Register

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