[Federal Register Volume 76, Number 59 (Monday, March 28, 2011)]
[Rules and Regulations]
[Pages 17027-17028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7146]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AD96


Special Regulation: Areas of the National Park System, National 
Capital Region

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: The National Park Service (NPS) is physically moving the 
office of the Division of Park Programs, National Mall and Memorial 
Parks (NAMA) which processes applications for special events and 
demonstrations permits for nine parks in the National Capital Region 
(NCR). This rule updates the address and location of the office where 
these permit applications may be obtained and where completed 
applications are to be submitted by mail or in person.

DATES: Effective March 28, 2011.

FOR FURTHER INFORMATION CONTACT: Robbin M. Owen, Chief, Division of 
Park Programs, National Park Service, National Capital Region, 900 Ohio 
Drive SW., Washington, DC 20024. Telephone: (202) 619-7225.

SUPPLEMENTARY INFORMATION: During the fourth week of March, the NPS is 
expecting to move the Division of Park Programs from 1100 Ohio Drive, 
SW., to the nearby 900 Ohio Drive, SW., Washington, DC 20024. Now 
codified at 36 CFR 7.96(g)(3), the NPS 1975 rulemaking established a 
centralized location where permit applications for special events and 
demonstrations, must be submitted, Monday--Friday from 8 a.m. to 4 
p.m., holidays excepted. As the NPS explained the NCR regulatory permit 
application process the:

Applications will be immediately date-and-time stamped upon receipt. 
* * * This provision for official receipt only during office hours 
is designed to permit the Park Service to properly process 
applications within the prescribed time period. 40 FR 58652 (1975)

    As Acting Secretary of the Interior Nathaniel P. Reed explained, at 
41 FR 12880 (1976):

    It is the opinion of the Department that receipt of the 
application in this single location is necessary in order to 
effectively administer the priority system for the use of park 
lands, to ensure that the application will be considered by an 
official of responsible rank, and to allow for consideration of the 
permit within the applicable time limitation. Even though executed 
permit applications must be received at that location, application 
blanks may be obtained at other locations in the National Capital 
Parks area.* * *

    As to why applications had to be received at the permit offices 
during regular business hours, the NPS explained at 41 FR 12880 (1976), 
that:

[T]his limitation is necessary in order that the required security 
precautions and augmentation of forces and services may be provided. 
The Department has weighed the administrative burdens that the 
absence of this limitation would impose upon the various government 
agencies involved against possible effects upon the exercise of 
First Amendment freedoms and believes on balance that these effects 
are inconsequential. This impact is further lessened since 
demonstrations may be conducted in certain areas without permit 
pursuant to paragraph (b).

    Need for Change: The technical amendment is needed to provide the 
public with the new address of the relocated permit office where 
special

[[Page 17028]]

event/demonstration permit applications can be obtained and where 
completed applications shall be submitted, whether by mail or in 
person. The relocation of the Division of Park Programs to a nearby 
park location does not substantially change the function of the special 
event/demonstration application process. It does not create additional 
or change permit requirements in the Code of Federal Regulations. This 
technical amendment also conforms to the long-standing administrative 
practice that applications directed to the Regional Director go to the 
Division of Park Programs. Further, this technical amendment updates 
the name of the NPS permit program office. The Office of Public Affairs 
no longer administers the NCR special event/demonstration program; that 
responsibility was transferred to the Division of Park Programs. 
Although under the management of NAMA, the Division of Park Programs 
continues to manage this permit program for nine NCR parks.
    No Public Comment Period/Immediate Effective Date: The Department 
of the Interior has determined that the public notice and comment 
provisions of the Administrative Procedures Act (APA) 5 U.S.C. 553(b), 
do not apply to this rule because of a good cause exception under 5 
U.S.C. 553(b)(3)(B). This exception allows an agency to suspend the 
notice-and-comment requirement when an agency finds for good cause that 
those requirements are impracticable, unnecessary, and contrary to the 
public interest. This rule changes the address for submitting 
applications; it makes no other substantive changes. Failure to 
immediately publish this change would be impracticable and would 
otherwise lead to confusion as to where applications should be 
submitted, which would undermine the ability of persons and groups to 
engage in permitted demonstrations and special events.
    For these reasons public comment is unnecessary and good cause 
exists for immediately publishing the final rule. For the same reasons, 
we have determined that there is good cause for making the final rule 
effective immediately, as allowed under the APA 5 U.S.C. 553(d), and 
318 DM 4.7B(1)(i).

List of Subjects in 36 CFR Part 7

    District of Columbia, National parks, Reporting and recordkeeping 
requirements.

    In consideration of the reasons stated in the preamble, the 
National Park Service amends 36 CFR part 7 as follows:

PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

0
1. The authority for part 7 continues to read as follows:

    Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also 
issued under 36 U.S.C. 501-511, DC Code 10-137 (2001) and DC Code 
50-2201.07 (2001).


0
2. In Sec.  7.96, in paragraph (g) (3), revise the first two sentences 
to read as follows:


Sec.  7.96  National Capital Region.

* * * * *
    (g) * * *
    (3) Permit applications. Permit applications may be obtained at the 
Division of Park Programs, National Mall and Memorial Parks, 900 Ohio 
Drive SW., Washington, DC 20024. Applicants shall submit permit 
applications in writing on a form provided by the National Park Service 
so as to be received by the Regional Director at the Division of Park 
Programs at least 48 hours in advance of any proposed demonstration or 
special event. * * *
* * * * *

    Dated: March 14, 2011.
Will Shafroth,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2011-7146 Filed 3-25-11; 8:45 am]
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