Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Rules and Regulations 80987 

pay for FCPIS items via permit imprint 

or by USPS-approved online payment 

methods. Customers who prepare FCPIS 

shipments via Click-N-Ship service pay 

retail prices. Commercial Plus prices 

will be equivalent to Commercial Base; 

however, deeper discounting will be 

made available to customer through 

negotiated service agreements. 

Electronic USPS Delivery 

Confirmation International service (E– 

USPS DELCON INTL®) is a tracking 

service available at no charge for FCPIS 

items to select destination countries. 

International Priority Airmail and 

International Surface Air Lift 

International Priority Airmail (IPA) 

service, including IPA M-bags, is a 

commercial service designed for volume 

mailings of all First-Class Mail 

International postcards, letters, and 

large envelopes (flats), and for volume 

mailings of FCPIS packages (small 

packets) weighing up to a maximum of 

4.4 pounds. IPA shipments are typically 

flown to foreign destinations 

(exceptions apply to Canada) and are 

then entered into that country’s air or 

surface priority mail system for 

delivery. The price increase for IPA is 

5.5 percent. International Surface Airlift 

(ISAL) is like IPA except that once 

flown to the foreign destination, ISAL is 

entered into that country’s air or surface 

nonpriority mail system for delivery. 

The price increase for ISAL is 3.5 

percent. 

Direct Sacks of Printed Matter to One 

Addressee (Airmail M-Bags) 

An Airmail M-bag is a direct sack of 

printed matter sent to a single foreign 

addressee at a single address. Prices are 

based on the weight of the sack. The 

price increase for Airmail M-bag service 

averages 5.4 percent. 

International Extra Services and Fees 

Depending on country destination 

and mail type, customers may add a 

variety of extra services to their 

outbound shipments and pay a variety 

of fees. The Postal Service proposes to 

increase fees for certain competitive 

international extra services as follows: 

• GXG insurance: There is no charge 

for GXG insurance for coverage up to 

$100. The fee for GXG insurance will 

increase by $2.50 for each additional 

$100 or fraction over $100, up to a 

maximum indemnity of $2,499 per 

shipment (the maximum indemnity 

varies by country). 

GXG insurance Fee 

Up to $100 .................................................. $0.00 

Each additional $100 or fraction over $100 2.50 

Maximum insurance $2,499 (varies by country). 

• PMEI and PMI merchandise 

insurance: There is no charge for PMEI 

and PMI merchandise insurance 

coverage up to $200. The fee for PMEI 

and PMI merchandise insurance will 

increase by $3.50 for each additional 

$100 or fraction over $300 as set forth 

in the table below, up to a maximum 

indemnity of $5,000 (the maximum 

indemnity varies by country). 

Indemnity limit not over Fee 

Up to $200 .................................................. $0.00 

$200.01–$300.00 ........................................ 13.15 

$300.01–$400.00 ........................................ 16.65 

$400.01–$500.00 ........................................ 20.15 

$500.01–$600.00 ........................................ 23.65 

$600.01–$700.00 ........................................ 27.15 

$700.01–$800.00 ........................................ 30.65 

$800.01–$900.00 ........................................ 34.15 

$34.15 plus $3.50 per $100 or fraction thereof over 

$900 in declared value. Maximum insurance $5,000 

(varies by country). 

• Certificate of mailing service: Prices 

for competitive international certificate 

of mailing service will be as follows: 

CERTIFICATE OF MAILING

Fee 

Individual pieces 

Individual article (PS Form 3817) ........ $2.00 

Duplicate copy of PS Form 3817 or 

PS Form 3665 (per page) ................ 2.00 

Firm mailing sheet (PS Form 3665), 

per piece (minimum 3), All other 

qualifying classes of mail ................. 0.58 

Bulk quantities ............

For first 1,000 pieces (or fraction 

thereof) ............................................. 11.10 

Each additional 1,000 pieces (or fraction thereof) ...................................... 1.45 

Duplicate copy of PS Form 3606 ......... 2.00 

• International Registered Mail 

service: The fee for competitive 

international registered mail will 

increase to $20.75. 

• International return receipt service: 

The fee for competitive international 

return receipt service will increase to 

$5.80. 

• Customs clearance and delivery fee: 

The competitive customs clearance and 

delivery fee per dutiable item will 

increase to $8.55. 

Sarah Sullivan, 

Attorney, Ethics and Legal Compliance. 

[FR Doc. 2023–25654 Filed 11–20–23; 8:45 am] 

BILLING CODE 7710–12–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Reclamation 

43 CFR Part 423 

[Docket No. BOR–2022–0001; RR83570000, 

24XR0680A4, RX.19520003.9WOD502] 

RIN 1006–AA58 

Public Conduct on Bureau of 

Reclamation Facilities, Lands, and 

Waterbodies 

AGENCY: Bureau of Reclamation, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the Bureau of 

Reclamation (Reclamation), are revising 

regulations that govern public access to 

and conduct on Reclamation facilities, 

lands, and waterbodies. The revisions 

clarify the regulations that maintain law 

and order and protect persons and 

property on Reclamation facilities, 

lands, and waterbodies while bringing 

the rulemaking into compliance with 

updated laws and regulations. 

DATES: This rulemaking is effective 

December 21, 2023. 

ADDRESSES: This final rule is available 

on the internet at https://

www.regulations.gov and https://

www.usbr.gov/fedreg/rules. Comments 

we received are available for public 

inspection at https://

www.regulations.gov in Docket ID: 

BOR–2022–0001. 

FOR FURTHER INFORMATION CONTACT: 

James Bingham, Security Division, 

Bureau of Reclamation, at (303) 445– 

2239, or via email at jbingham@

usbr.gov. Individuals who are deaf, 

deafblind, hard of hearing, or have a 

speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 12, 2001, Congress 

enacted Public Law 107–69, which 

provides for law enforcement authority 

within Reclamation projects and on 

Reclamation lands. Section 1(a) of this 

law requires the Secretary of the Interior 

to ‘‘issue regulations necessary to 

maintain law and order and protect 

persons and property within 

Reclamation projects and on 

Reclamation lands.’’ The Secretary of 

the Interior delegated this authority to 

the Commissioner of Reclamation. 

On December 11, 2008, after a few 

minor revisions, Reclamation published 

an update to 43 CFR part 423, Public 

Conduct on Bureau of Reclamation 


lotter on DSK11XQN23PROD with RULES1
80988 Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Rules and Regulations 

Facilities, Lands and Waterbodies, as 

the final rule (73 FR 75347). 

Since the publication of the 2008 final 

rule, technology, especially of 

unmanned or uncrewed aircraft systems 

(UAS) commonly referred to as 

‘‘drones,’’ has developed rapidly. With 

this technology came new regulations 

from the Federal Aviation 

Administration (FAA), specifically 

regarding the use of UAS (14 CFR part 

107, Small Unmanned Aircraft 

Systems). Reclamation is revising 43 

CFR part 423 to apply consistency with 

the FAA’s regulations. Reclamation is 

also modernizing and updating 

regulations impacting firearms 

possession, and access and occupancy 

of Reclamation facilities, lands, and 

waterbodies. This will allow local, 

State, and other recreation partners to 

manage their facilities and sites using 

their regulations unburdened by 

conflicting Federal regulations that they 

have no jurisdiction to enforce. And 

finally, Reclamation is easing the 

absolute prohibition regarding reburials 

of Native American ancestors and will 

allow an application process to obtain 

permits for this activity. 

Summary of and Response to Public 

Comments 

Reclamation published a proposed 

rule in the Federal Register on February 

16, 2023 (88 FR 10070) soliciting public 

comments for a 60-day period. The 

public comment period ended on April 

17, 2023. During the public comment 

period, Reclamation received 14 

comment submissions from members of 

the public including State park 

managers, aviation enthusiasts, wildlife 

observers, hikers, and Native American 

Tribes. Each public comment received 

consideration in the development of the 

final rule. 

Comments similar in nature have 

been categorized by subject, and in 

some instances have been combined 

with related comments. The following 

discussion addresses substantive 

information provided during the 

comment period, by topic, and includes 

comments and responses that were 

made in the final rule based on 

comment analysis and other 

considerations. 

Comment: The Agua Caliente Band of 

Cahuilla Indians of the Agua Caliente 

Indian Reservation, California, the AkChin Indian Community, the 

Confederated Tribes of the Umatilla 

Indian Reservation, and The Osage 

Nation provided comments in support 

of allowing reburial of Native American 

ancestors, funerary objects, sacred 

objects, and objects of cultural 

patrimony as defined by the Native 

American Graves Protection and 

Repatriation Act (NAGPRA). 

Additionally, the Confederated Tribes of 

the Umatilla Indian Reservation 

requested addressing animal remains 

and human burials separately, as well as 

requesting reburial of ancestral human 

remains and NAGPRA cultural items 

that originated on lands other than 

Reclamation managed lands. 

Response: Reclamation appreciates 

Tribal support for implementing a 

permit process to allow reburial of 

ancestral human remains and NAGPRA 

cultural items on Reclamation land and 

will implement the process as 

expeditiously and simply as practicable. 

We agree with the Confederated Tribes 

of the Umatilla Indian Reservation to 

address animal remains and human 

burials separately and have made 

changes to the final rule accordingly. 

However, we did not implement the 

suggestion to allow reburial of Native 

American ancestors and NAGPRA 

cultural items from lands managed by 

agencies other than Reclamation as 

other agencies may have their own 

reburial implementation processes and/ 

or authorities. 

Comment: We received two comments 

regarding a suggested prohibition on the 

use of speakers and short-range wireless 

technology (e.g., Bluetooth®) over a 

concern for wildlife and the enjoyment 

of our lands by the public. 

Response: We considered this 

comment and feel the issue of 

unreasonable noise is already addressed 

in 43 CFR 423.22(e)(3). This section of 

the rule prohibits unreasonable noise. In 

addition, many sites are operated by 

managing recreation partners such as a 

State park; their rules for noise would 

apply. Trying to regulate all speakers 

and Bluetooth® technology would be 

burdensome and impractical to enforce. 

Comment: We received several 

comments regarding our proposed 

revision to 43 CFR 423.35, specifically 

involving the restraining of animals 

when at a Reclamation facility. One 

commentor suggested we should focus 

on education with the public and add 

prohibitions regarding animals chasing 

wildlife and that animals must be 

vaccinated. Two State park management 

officials commented that they already 

have rules in their parks regarding 

animals being restrained, and that their 

rules are more restrictive. 

Response: We recognize that our 

managing partners have different 

regulations regarding the restraining and 

control of animals and pets. After 

consideration of these comments, we are 

removing this proposed revision. Under 

43 CFR part 423, subpart E, authorized 

officials may establish special use areas 

which can prohibit certain activities if 

they pose a risk to the public. If a 

particular Reclamation facility needs 

specific prohibitions for a certain 

activity, such as restraining animals, 

subpart E can be used for that purpose. 

Comment: We received one comment 

asking where Reclamation retains the 

authority to issue 43 CFR part 423, 

specifically as it relates to aircraft. 

Response: Public Law 107–69 states 

in pertinent part, ‘‘The Secretary of the 

Interior shall issue regulations necessary 

to maintain law and order and protect 

persons and property within 

Reclamation projects and on 

Reclamation lands.’’ This is the 

authority from the U.S. Congress to 

promulgate this rule. Since 2006, 

Reclamation’s public conduct rules have 

addressed aircraft to include reckless 

operations and seaplane activities. 

Reclamation regularly collaborates with 

the FAA on a variety of matters, 

including enforcement. Reclamation 

collaborated with the FAA on the 

development of their flight restrictions 

at Reclamation’s five largest dams. The 

risk from inadvertent accidents or 

maligned attacks on our infrastructure is 

real. Having aircraft or UAS flying at 

ground level through a recreation area 

or across the top of a dam crowded with 

tourists poses a risk to the visiting 

public. Using FAA’s regulations as a 

guide, we incorporated their definitions 

and language into this rule. 

Comment: We received one comment 

recommending the prohibition of all 

motorized use on lands and waters. The 

comment referenced people in Europe 

and Ukraine not having enough fuel 

while Americans are using fossil fuels 

for recreation. 

Response: In hundreds of 

circumstances across the west, public 

highways and even railroads cross 

Reclamation lands and facilities. 

Reclamation would be unable to 

prohibit the use of fossil fuels on our 

own. Reclamation has hundreds of sites 

managed by other entities, such as State 

parks, through contracts or agreements, 

and other sites managed directly by 

Reclamation. States, not Reclamation, 

regulate boating and motor vehicle use. 

Reclamation and our managing partners 

such as municipal water districts, Tribal 

water authorities, and State parks, 

operate thousands of motor vehicles and 

boats in the performance of our 

missions. Our facilities use combustion 

engines for generators, cranes, tractors, 

and water delivery systems to 

accomplish our mission. And finally, 

many of our facilities, lands, 

waterbodies, and projects are spread 

across multiple states. Regulating 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Rules and Regulations 80989 

commerce between the States is the 

purview of the Congress. 

Comment: We received one comment 

asking for permission to use metal 

detectors for the casual collection of 

items such as fishing lures, weights, and 

coins. 

Response: Reclamation already allows 

for use and possession of metal 

detectors under 43 CFR 423.29(f) with 

the issuance of a permit. 

Comment: We received one comment 

asking if we were giving the ‘‘all-clear 

for unrestricted recreational activity on 

land use.’’ In addition, the commentor 

stated this rule did not explicitly set 

aside lands to be undisturbed by 

recreation activity. There was also the 

perception we were removing 

restrictions or standoff distances from 

dams and other infrastructure. 

Response: Section 423.10 states in 

pertinent part that all Reclamation 

facilities, lands, and waterbodies are 

open to lawful use by the public unless 

they are closed to public use under 

subpart B of part 423, or as provided by 

43 CFR part 420. Section 420.2 prohibits 

off-road vehicle use unless the area is 

specifically designated for that purpose. 

Reclamation has 11 National Wildlife 

Refuges and numerous other State 

wildlife management areas overlayed 

across our lands, projects, and 

reservoirs. This rule change will not 

change the status of these locations. 

There may be areas that will be 

periodically closed to all use due to an 

identified threat to the environment or 

wildlife using our existing authorities. 

This rule change does not remove the 

restrictions for access to critical 

infrastructure. We are revising this rule 

to allow local managers to designate 

standoff distances using signs, fencing, 

buoys, and other means where not 

already addressed in this rule. 

Comment: We received a comment 

from one respondent regarding firearms 

safety, specifically that firearms be 

unloaded unless they are in use for 

hunting and/or self-defense purposes. In 

addition, the respondent recommended 

signage be posted in parks and at 

trailheads advising the public where 

firearms are allowed, dates for hunting 

seasons, and suicide prevention hotline 

numbers. 

Response: Reclamation has 247 

managing recreation partner sites across 

the 17 western States. Those partner 

agencies with management 

responsibility for the area administer 

recreation at those sites. This includes 

signs at trailheads, parking lots, and 

other public areas. State wildlife 

authorities manage hunting on 

Reclamation land. Our rule currently 

requires the public to comply with 

Federal, State, and local laws regarding 

firearms possession and transportation. 

Since Reclamation does not have its 

own law enforcement capability, we 

depend on our managing partners and 

local law enforcement to maintain the 

peace and public order at our facilities 

and the lands and waters they manage. 

The suicide prevention signage 

recommendation has merit and is being 

referred to our lands and recreation 

programs. 

Comment: We received one comment 

from a State park management official 

expressing concern that the proposed 

revision in 43 CFR 423.30 regarding 

enforcement of this rule would be the 

responsibility of park managers. 

Response: We are adopting the 

definition of firearm found in 18 U.S.C. 

921(a)(3). We recognize our definition 

may differ from that of our numerous 

managing partners. We also recognize 

that State and local laws and ordinances 

regarding firearm use and possession 

may differ from what is found between 

the States and even at individual sites. 

Since Reclamation does not have its 

own law enforcement capability, we 

depend on local and State law 

enforcement entities to maintain the 

peace and public order in their 

communities. Therefore, we are 

proposing to let those authorities such 

as State park managers and sheriffs 

enforce their laws and ordinances on 

lands, facilities, and waterbodies where 

they have assumed administration 

without the circumstance of them being 

in conflict with this rule. Taking this 

park management official’s concerns 

into consideration, we are clarifying the 

language to more clearly explain that 

the public must follow the laws and 

ordinances of the managing recreation 

partner. 

Comment: There was a concern that 

park managers may not have the 

flexibility to issue use authorizations or 

permits for certain aviation related 

activities such as a hot air balloon rally. 

Response: How Reclamation interacts 

with our managing partners is different 

than how we interact with the general 

public. Interactions with our managing 

partners through contracts and 

cooperative agreements are guided by 

the contract between Reclamation and 

the partner, 43 CFR part 429, and other 

applicable laws. Under 43 CFR 429.4, 

managing partners can issue limited use 

authorizations for certain activities, 

including aviation activities. 

Comment: We received one comment 

from a State park management official 

asking us to consider adding ‘‘rent’’ as 

a prohibited activity in 43 CFR 423.27. 

Response: We agree with this 

comment and will add ‘‘rent’’ as a 

prohibited activity in 43 CFR 423.27. 

Comment: We received one comment 

from a State park management official 

expressing concern over the language in 

43 CFR 423.37, ‘‘Winter activities,’’ 

regarding vehicle use near our 

infrastructure, specifically the 

prohibition for driving a vehicle within 

100 yards of a facility. 

Response: We recognize that our 

southern and western waterbodies are in 

areas that do not freeze and we did not 

explain our intent for managing standoff 

distances on iced-over waterbodies very 

well. We took this comment into 

consideration and will change the 

heading of this section from ‘‘Winter 

activities’’ to ‘‘Activities on iced 

waterbodies.’’ 

Comment: We received one comment 

from a State park management official 

expressing concern that our proposed 

definition of off-road vehicles would 

cause confusion for the public and 

managing partners and suggested 

removing the definition. 

Response: We considered this 

comment but will leave the definition in 

the rule to be consistent with what 

exists in 43 CFR part 420. 

Comment: We received comments 

from two State park management 

officials in support of the proposed 

revisions in 43 CFR 423.33 and 423.21(f) 

regarding camping and stay limits, and 

requirements for the visiting public to 

pay applicable fees for recreation 

activities. 

Response: We appreciate these 

comments and value the relationship 

that exists with our Federal, State, and 

local recreation and wildlife 

management partners across our 17 

western states. 

Summary of Changes From the 

Proposed Rule 

After taking the public comments into 

consideration and after additional 

review, Reclamation implemented some 

requested changes, such as refining the 

NAGPRA reburial language and 

separating the animal burials and 

human burials into different sections of 

this final rule. Additionally, we 

removed the requirement for restraining 

animals, changed the heading of 43 CFR 

423.37 to better address activities on 

iced-over or frozen waterbodies, revised 

the definition of aircraft for simplicity 

and consistency with the FAA, revised 

the definition of firearms to be 

consistent with what is codified in 

Federal law, and added a requirement 

that visitors must pay required fees in 

our recreation areas. 


lotter on DSK11XQN23PROD with RULES1
80990 Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Rules and Regulations 

Section 423.2 Definitions of terms 

used in this part. During the drafting of 

the proposed rule, it was discovered 

that the definition of model aircraft had 

been removed from the FAA definitions. 

We are removing the definition of model 

aircraft and incorporating ‘‘model 

aircraft’’ into the overall definition of 

aircraft. 

Section 423.27 Advertising and 

public solicitation. We are adding the 

word ‘‘rent’’ next to ‘‘sell’’ as a 

prohibited activity. 

Section 423.28 Memorials and 

Native American Graves Protection and 

Repatriation Act (NAGPRA) reburials. 

After reviewing comments regarding the 

burial of animal and human remains, we 

are separating animals and humans into 

subparts and revising the heading of this 

section. 

Section 423.30 Weapons, firearms, 

explosives, and fireworks. We are 

adding language similar to what already 

exists in 43 CFR 423.3(d) regarding 

firearms which states: ‘‘. . . However, 

Reclamation retains the authority to take 

necessary actions to safeguard the 

security and safety of the public and 

such Reclamation facilities, lands, and 

waterbodies.’’ 

Section 423.33 Camping. Like 

§ 423.30, we are adding language similar 

to what already exists in 43 CFR 

423.3(d) which states: ‘‘. . . However, 

Reclamation retains the authority to take 

necessary actions to safeguard the 

security and safety of the public and 

such Reclamation facilities, lands, and 

waterbodies.’’ 

Section 423.35 Animals. As a result 

of public comments, we are removing 

the reference to a leash or restraint 

requirement for animals. This does not 

preclude an authorized officer from 

establishing a special use area as 

identified in 43 CFR part 423, subpart 

E, for certain activities, such as 

managing animals in highly populated 

tourist areas. In addition, we are adding 

§ 423.35(e) to include information on 

animal remains. 

Section 423.37 Winter activities. 

Through comments and internal 

discussion, we felt the heading ‘‘Winter 

activities’’ is not appropriate for the 

circumstances we are trying to address, 

which occur on ice. Therefore, we are 

changing the heading of this section to 

‘‘Activities on iced waterbodies.’’ 

Compliance With Other Laws, 

Executive Orders, and Department 

Policy 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Executive Order 12866, as amended 

by Executive Order 14094, provides that 

the Office of Information and Regulatory 

Affairs in the Office of Management and 

Budget will review all significant rules. 

The Office of Information and 

Regulatory Affairs has determined that 

this rule is not significant. 

Executive Order 13563 reaffirms the 

principles of Executive Order 12866 

while calling for improvements in the 

Nation’s regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. Executive 

Order 13563 also directs agencies to 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public 

where these approaches are relevant, 

feasible, and consistent with regulatory 

objectives. Executive Order 13563 

emphasizes further that regulations 

must be based on the best available 

science and that the rulemaking process 

must allow for public participation and 

an open exchange of ideas. We have 

developed this rule in a manner 

consistent with these requirements. 

Regulatory Flexibility Act 

This rule will not have a significant 

regulatory effect on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). 

Congressional Review Act 

When is a rule major? The 

Congressional Review Act (CRA) defines 

a rule as major if it meets any of three 

criteria. The three criteria are: 

(a) Does the rule have an annual effect 

on the economy of $100 million or 

more? 

(b) Will the rule cause a major 

increase in costs or prices for 

consumers, individual industries, 

Federal, State, or local government 

agencies, or geographic regions? 

(c) Does the rule have significant 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or the ability of U.S.-based 

enterprises to compete with foreignbased enterprises? 

This rule is not a major rule under the 

CRA. 

Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

Tribal governments or the private sector 

of more than $100 million per year. This 

rule does not have a significant or 

unique effect on State, local, or Tribal 

governments or the private sector. A 

statement containing information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 

Takings (Executive Order 12630) 

This rule does not affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630. This rule is not a 

Government action capable of 

interfering with constitutionally 

protected property rights. A takings 

implication assessment is not required. 

Federalism (Executive Order 13132) 

Under the criteria in Section 1 of 

Executive Order 13132, this rule does 

not have sufficient federalism 

implications to warrant the preparation 

of a federalism summary impact 

statement. It does not have a substantial 

direct effect on the States, on the 

relationship between the Federal 

Government and the States, or on the 

distribution of power and 

responsibilities among the levels of 

government. A federalism summary 

impact statement is not required. 

Civil Justice Reform (Executive Order 

12988) 

This rule complies with the 

requirements of Executive Order 12988. 

Specifically, this rule: 

(a) meets the criteria of section 3(a) 

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation, and 

(b) meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

Consultation With Indian Tribes 

(Executive Order 13175) 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Indian 

Tribes through a commitment to 

consultation with Indian Tribes and 

recognition of their right to selfgovernance and Tribal sovereignty. We 

have evaluated this rule under the 

Department of the Interior’s 

consultation policy and under the 

criteria in Executive Order 13175 and 

although there are no substantial direct 

effects on federally recognized Indian 

Tribes, Reclamation notified the 287 

Tribes with interests in the 17 western 

States in which Reclamation has a 

presence of the intent to revise the rule, 

offering opportunity for Tribal 

consultation during three online 

consultation webinars, as well as upon 

request. Reclamation has fully 

considered Tribal views in this final 

rule, implementing recommendations 

offered by the Confederated Tribes of 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Rules and Regulations 80991 

the Umatilla Indian Reservation. With 

the unique relationship between the 

Federal Government and Indian Tribal 

governments, Reclamation aims to 

ensure Tribal governments are engaged, 

particularly, in the discussion about 

permitting for reburial of their ancestors 

and NAGPRA cultural items on 

Reclamation managed lands. 

Paperwork Reduction Act of 1995 

This rule does not contain 

information collection requirements and 

does not require a submission to the 

Office of Management and Budget under 

the Paperwork Reduction Act. 

National Environmental Policy Act 

This rule is categorically excluded 

from National Environmental Policy Act 

of 1969 (NEPA) analysis under 

Department of the Interior categorical 

exclusion 43 CFR 46.210(i), which 

covers ‘‘Policies, directives, regulations, 

and guidelines: that are of an 

administrative, financial, legal, 

technical, or procedural nature; or 

whose environmental effects are too 

broad, speculative, or conjectural to 

lend themselves to meaningful analysis 

and will later be subject to the NEPA 

process, either collectively, or case-bycase.’’ This rule does not change the 

existing allowances regarding public 

access to and conduct on Reclamation 

facilities, lands, and waterbodies except 

in instances where additional permits 

may be needed that could be subject to 

NEPA. Pursuant to 43 CFR 46.205(c), 

Reclamation has reviewed its reliance 

upon this categorical exclusion against 

the list of extraordinary circumstances 

at 43 CFR 46.215 and has found that 

none are applicable for this rule. 

Therefore, neither an environmental 

assessment nor an environmental 

impact statement is required for this 

rulemaking. 

Effects on the Energy Supply (Executive 

Order 13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211 and does not require a 

Statement of Energy Effects. 

List of Subjects in 43 CFR Part 423 

Law enforcement, Public conduct, 

Reclamation lands, Reclamation 

projects. 

Promulgation of Final Rule 

For the reasons stated in the 

preamble, Reclamation is amending part 

423 of title 43 of the CFR as follows: 

PART 423—PUBLIC CONDUCT ON 

BUREAU OF RECLAMATION 

FACILITIES, LANDS AND 

WATERBODIES 

■ 1. Revise the authority citation for part 

423 to read as follows: 

Authority: 43 U.S.C. 373a and 373b. 

■ 2. Amend § 423.2 by: 

■ a. Revising the definitions of 

‘‘Aircraft’’ and ‘‘Firearm’’; and 

■ b. In the definition of ‘‘Off-road 

vehicle’’: 

■ i. Removing the word ‘‘and’’ at the 

end of paragraph (6); 

■ ii. Removing the period at the end of 

paragraph (7) and adding ‘‘; and’’ in its 

place; and 

■ iii. Adding paragraph (8). 

The revisions and addition read as 

follows: 

§ 423.2 Definitions of terms used in this 

part. 

Aircraft means a device that is: 

(1) Used or intended to be used for 

flight in the air; 

(2) Capable of carrying a pilot, a 

payload, and/or passengers; 

(3) Controlled either by onboard crew 

or remotely; and/or 

(4) Identified by the Federal Aviation 

Administration as: general aviation 

aircraft, bush planes, seaplanes, float 

planes, ski planes, gliders, and 

helicopters, including those that are 

float/ski-equipped, variations of model 

aircraft, and unmanned or uncrewed 

aircraft systems. 

* * * * * 

Firearm means: 

(1) Any weapon (including a starter 

gun) which will, is designed to, or may 

readily be converted to expel a 

projectile by the action of an explosive; 

(2) The frame or receiver of any such 

weapon; and 

(3) Any firearm muffler or firearm 

silencer. 

* * * * * 

Off-road vehicle * * * 

(8) Electric bikes as defined and 

codified at 43 CFR part 420. 

* * * * * 

■ 3. Amend § 423.21 by adding 

paragraph (f) to read as follows: 

§ 423.21 Responsibilities. 

* * * * * 

(f) You must pay applicable fees 

established by Federal, State, or local 

government recreation management 

entities, or contracted vendors for 

activities on Reclamation facilities, 

lands, and waterbodies such as, but not 

limited to, camping, boating, parking, 

day-use, or visitor tours. 

■ 4. Revise § 423.27 to read as follows: 

§ 423.27 Advertising and public 

solicitation. 

(a) You must not engage in advertising 

or solicitation on Reclamation facilities, 

lands, or waterbodies except as allowed 

under valid contract with Reclamation, 

or as allowed by a permit issued 

pursuant to subpart D of this part. 

(b) It is prohibited to sell or rent 

private goods, including personal 

property, or represent others in the 

selling or renting of personal property, 

on Reclamation property unless 

specifically authorized under permit 

issued pursuant to subpart D of this 

part. 

■ 5. Revise § 423.28 to read as follows: 

§ 423.28 Memorials and reburials. 

(a) Memorials. You must not bury, 

deposit, or scatter human remains 

(except as noted in paragraph (b) of this 

section), or place memorials, markers, 

vases, or plaques on or in Reclamation 

facilities, lands, or waterbodies. See 

§ 423.35 for information on animal 

remains. 

(b) Native American Graves Protection 

and Repatriation Act (NAGPRA) 

reburials. You must not rebury human 

remains on or in Reclamation facilities, 

lands, or waterbodies unless permitted 

under subpart D of this part. An Indian 

Tribe official or the lineal descendants 

of federally recognized Tribes may 

apply for a permit issued pursuant to 

subpart D of this part to rebury 

NAGPRA (25 U.S.C. 3001–3013) human 

remains or cultural items (funerary 

objects, sacred objects, or objects of 

cultural patrimony) on or in 

Reclamation facilities, lands, or 

waterbodies. 

■ 6. Amend § 423.30 by adding 

paragraph (d) to read as follows: 

§ 423.30 Weapons, firearms, explosives, 

and fireworks. 

* * * * * 

(d) In recreation facilities or areas 

operated through contracts or other 

agreements by a managing recreation 

partner agency from another Federal, 

State, local, or Tribal governmental 

entity, such as a State park, the laws, 

ordinances, and regulations of those 

partner agencies pertaining to 

possession and use of firearms shall be 

enforced by those partner agencies. 

However, Reclamation retains the 

authority to take necessary actions to 

safeguard the security and safety of the 

public and such Reclamation facilities, 

lands, and waterbodies. 

■ 7. Amend § 423.33 by: 

■ a. Revising paragraph (b); 

■ b. Removing the semicolon at the end 

of paragraph (c) and adding a period in 

its place; 


lotter on DSK11XQN23PROD with RULES1
80992 Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Rules and Regulations 

■ c. Removing ‘‘; and’’ at the end of 

paragraph (d) and adding a period in its 

place; and 

■ d. Adding paragraph (f) to read as 

follows: 

§ 423.33 Camping. 

* * * * * 

(b) Camping stay limits are as follows: 

(1) You must not camp on 

Reclamation lands at any single 

Reclamation recreation facility such as a 

campground for more than 14 days 

during any period of 30 consecutive 

days, except as allowed by permit 

issued under subpart D of this part. 

(2) You must not camp in a single 

location on Reclamation lands, 

including undeveloped project lands or 

open range for more than 14 days during 

any period of 30 consecutive days, and 

must move at least 10 miles after each 

14-day period is reached, except as 

allowed by permit issued under subpart 

D of this part. 

* * * * * 

(f) Where recreation facilities or other 

areas of Reclamation lands and 

waterbodies are operated through a 

contract or other agreement by a 

managing recreation partner of another 

Federal, State, local, or Tribal 

governmental entity, such as a State 

park, the laws, ordinances, and 

regulations of those partner agencies 

pertaining to camping shall be enforced 

by those partner agencies. However, 

Reclamation retains the authority to take 

necessary actions to safeguard the 

security and safety of the public and 

such Reclamation facilities, lands, and 

waterbodies. 

■ 8. Amend § 423.35 by adding 

paragraphs (e) and (f) to read as follows: 

§ 423.35 Animals. 

* * * * * 

(e) You must not bury, deposit, or 

scatter animal remains, or place 

memorials, markers, vases, or plaques 

on or in Reclamation facilities, lands, or 

waterbodies. This section does not 

apply to the burial of parts of fish or 

wildlife taken in legal hunting, fishing, 

or trapping. 

(f) Where recreation facilities or other 

areas of Reclamation lands and 

waterbodies are operated through a 

contract or other agreement by a 

managing recreation partner of another 

Federal, State, local, or Tribal 

governmental entity, such as a State 

park, the laws, ordinances, and 

regulations of those partner agencies 

pertaining to animals and pets shall be 

enforced by those partner agencies. 

However, Reclamation retains the 

authority to take necessary actions to 

safeguard the security and safety of the 

public and such Reclamation facilities, 

lands, and waterbodies. 

■ 9. Amend § 423.36 by revising 

paragraph (a) to read as follows: 

§ 423.36 Swimming. 

(a) You may swim, wade, snorkel, 

scuba dive, raft, or tube at your own risk 

in Reclamation waters, except: 

(1) You may not swim past signs, 

fences, buoys, or barriers marking 

public access limits to, or within, 100 

yards of Reclamation structures 

including, but not limited to, dams, 

powerplants, pumping plants, 

spillways, water conveyance gates, 

intake structures, stilling basins, and 

outlet works; 

(2) In canals, laterals, siphons, 

tunnels, and drainage works; 

(3) At public docks, launching sites, 

and designated mooring areas; or 

(4) As otherwise delineated by signs 

or other markers. 

* * * * * 

■ 10. Amend § 423.37 by revising the 

section heading and paragraph (b) to 

read as follows: 

§ 423.37 Activities on iced waterbodies. 

* * * * * 

(b) On iced-over Reclamation 

waterbodies, you must not ice skate, ice 

fish, ice sail, walk, ride, drive a vehicle, 

or otherwise move past buoys or barriers 

marking public access limits to, or come 

within 100 yards of, Reclamation 

structures including, but not limited to, 

dams, powerplants, pumping plants, 

spillways, water conveyance gates, 

intake structures, stilling basins, and 

outlet works. 

* * * * * 

■ 11. Amend § 423.41 by: 

■ a. Revising paragraphs (b), (c), (e), (f) 

introductory text, and (f)(2); and 

■ b. Removing paragraph (g). 

The revisions read as follows: 

§ 423.41 Aircraft. 

* * * * * 

(b) Aircraft flight altitudes are as 

follows: 

(1) You must not operate any aircraft 

within 400 feet near or over dams, 

powerplants, electrical switchyards, 

pumping plants, spillways, stilling 

basins, gates, intake structures, outlet 

works, warehouses, offices, 

maintenance facilities, campgrounds, 

gate houses, control houses, or other 

occupied recreation or operations 

facilities without prior approval by an 

authorized official. 

(2) You must not operate any aircraft 

on or above Reclamation facilities, 

lands, and waterbodies in a careless, 

negligent, or reckless manner so as to 

endanger or harass persons or wildlife 

or pose a risk to infrastructure or natural 

or cultural resources. 

(c) Temporary flight restrictions are as 

follows: 

(1) You must not operate an aircraft 

on or above Reclamation facilities, 

lands, and waterbodies in violation of a 

temporary flight restriction established 

by the Federal Aviation Administration 

(FAA) without prior approval by an 

authorized officer. 

(2) This section does not provide 

authority to deviate from Federal or 

State regulations, or prescribed 

standards, including, but not limited to, 

regulations and standards concerning 

pilot certifications or ratings and 

airspace requirements. 

* * * * * 

(e) You must comply with all 

applicable FAA and U.S. Coast Guard 

regulations (14 CFR parts 1, 61, and 91 

and 33 CFR part 104, respectively) when 

operating a float/ski-equipped aircraft, 

including seaplanes, on Reclamation 

waterbodies. 

(f) You must securely moor any float/ 

ski-equipped aircraft, including 

seaplanes, remaining on Reclamation 

waterbodies in excess of 24 hours at 

mooring facilities and locations 

designated by an authorized official. 

Float/ski-equipped aircraft, including 

seaplanes, may be moored for periods of 

less than 24 hours on Reclamation 

waterbodies, except in special use areas 

otherwise designated by an authorized 

official, provided: 

* * * * * 

(2) The operator remains in the 

vicinity of the float/ski-equipped 

aircraft, including seaplanes, and is 

reasonably available to relocate the 

aircraft if necessary. 

■ 12. Amend § 423.50 by revising 

paragraph (a) to read as follows: 

§ 423.50 How can I obtain permission for 

prohibited or restricted uses and activities? 

(a) Authorized officials may issue 

permits to authorize activities on 

Reclamation facilities, lands, and 

waterbodies otherwise prohibited or 

restricted by §§ 423.16(a)(3), 423.26, 

423.27, 423.28(b), 423.29(f), 423.30(c), 

423.33(d), 423.35(d)(1), and 423.41, and 

may terminate or revoke such permits 

for non-use; noncompliance with the 

terms of the permit; violation of any 

applicable law; or to protect the health, 

safety, or security of persons, 

Reclamation assets, or natural or 

cultural resources. 

* * * * * 

■ 13. Amend § 423.60 by revising 

paragraph (a)(1) to read as follows: 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Rules and Regulations 80993 

§ 423.60 How special use areas are 

designated. 

(a) * * * 

(1) Establish special use areas within 

Reclamation facilities, lands, or 

waterbodies for application of 

reasonable schedules of visiting hours; 

public use limits; and other conditions, 

restrictions, allowances, or prohibitions 

on particular uses or activities that vary 

from the provisions of subpart C of this 

part, except § 423.28(a); and 

* * * * * 

■ 14. Revise § 423.63 to read as follows: 

§ 423.63 Existing special use areas. 

Areas where rules were in effect on 

April 17, 2006, that differ from the rules 

set forth in subpart C of this part are 

considered existing special use areas, 

and such differing rules remain in effect 

to the extent allowed by subpart A of 

this part, and to the extent they are 

consistent with § 423.28(a). For those 

existing special use areas, compliance 

with §§ 423.60 through 423.62 is not 

required until the rules applicable in 

those special use areas are modified or 

terminated. 

Michael Brain, 

Principal Deputy Assistant Secretary for 

Water and Science. 

[FR Doc. 2023–25466 Filed 11–20–23; 8:45 am] 

BILLING CODE 4332–90–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 23–287; RM–11961; DA 23– 

1055; FR ID 184580] 

Television Broadcasting Services 

Idaho Falls, Idaho 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Video Division, Media 

Bureau (Bureau), has before it a Notice 

of Proposed Rulemaking issued in 

response to a Petition for Rulemaking 

filed by NPG of Idaho, Inc. (Petitioner), 

the licensee of station KIFI–TV (KIFI or 

Station), channel 8, Idaho Falls, Idaho 

(Idaho Falls). The Petitioner has 

requested the substitution of UHF 

channel 18 for VHF channel 8 in the 

Table of TV Allotments. The Petitioner 

filed comments in support of the 

petition, as required by the 

Commission’s rules (rules), reaffirming 

its commitment to apply for channel 18. 

DATES: Effective November 21, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Bernstein, Media Bureau, at (202) 

418–1647 or Joyce.Bernstein@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

proposed rule was published at 88 FR 

60612 on September 5, 2023. The 

Petitioner filed comments in support of 

the petition reaffirming its commitment 

to apply for channel 18. No other 

comments were received. 

The Bureau believes the public 

interest would be served by substituting 

channel 18 for channel 8 at Idaho Falls, 

Idaho. In support of its channel 

substitution request, the Petitioner 

states that KIFI has received numerous 

complaints about reception of its 

channel 8 facility since the end of the 

DTV transition in 2009, and that the 

channel substitution will serve the 

public interest by resolving the 

reception issues currently experienced 

by viewers in the Station’s service area 

and expanding the availability of 

reliable, free over-the-air network 

television service within the Station’s 

market. In this regard, the Petitioner 

notes that the Commission has 

recognized that VHF channels pose 

challenges in providing digital 

television service, including 

propagation characteristics in the band 

that allow undesired signals and noise 

to interfere at relatively farther distances 

compared to UHF channels, and for 

nearby electrical devices to cause 

interference. Therefore, many current 

viewers within the Station’s noise 

limited service contour who do not 

currently receive the Station will be able 

to do so once the channel substitution 

is implemented. Moreover, when using 

the Commission’s TVStudy software 

tool, the proposed channel 18 facility 

will create a predicted service loss of 

only 327 persons, which the Petitioner 

asserts is de minimis. 

As proposed, channel 18 can be 

substituted for channel 8 at Idaho Falls 

in compliance with the principal 

community coverage requirements of 

section 73.625(a) of the rules, at 

coordinates 43°30′04.0′′ N and 

112°39′46.0′′ W. In addition, we find 

that this channel change meets the 

technical requirements set forth in 

sections 73.616 and 73.623 of the rules 

with the following specifications. 

Although the Petitioner’s proposal 

would result in a loss of programming 

to a limited number of viewers, we find 

that the overall benefits of the proposed 

channel change in resolving reception 

issues outweighs any possible harm to 

the public interest. When taking into 

account terrain, the Petitioner’s 

proposal would result in a loss of 

service to 327 persons, which the 

Commission considers to be a de 

minimis loss of service. 

This is a synopsis of the 

Commission’s Report and Order, MB 

Docket No. 23–287; RM–11961; DA 23– 

1055, adopted November 7, 2023, and 

released November 7, 2023. The full text 

of this document is available for 

download at https://www.fcc.gov/edocs. 

To request materials in accessible 

formats for people with disabilities 

(braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (tty). 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980, 5 U.S.C. 601– 

612, do not apply to this proceeding. 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Thomas Horan, 

Chief of Staff, Media Bureau. 

Final Rule 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 

■ 2. In § 73.622(j), amend the Table of 

TV Allotments, under Idaho, by revising 

the entry for Idaho Falls to read as 

follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(j) * * * 


lotter on DSK11XQN23PROD with RULES1