This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

40460 

Vol. 83, No. 158 

Wednesday, August 15, 2018 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

[NPS–NCR–25928; PPNCNAMAS0, 

PPMPSPD1Z.YM0000] 

RIN 1024–AE45 

Special Regulations, Areas of the 

National Park System, National Capital 

Region, Special Events and 

Demonstrations 

AGENCY: National Park Service, Interior. 

ACTION: Proposed rule. 

SUMMARY: The National Park Service 

proposes to revise special regulations 

related to demonstrations and special 

events at certain national park units in 

the National Capital Region. The 

proposed changes would modify 

regulations explaining how the NPS 

processes permit applications for 

demonstrations and special events. The 

rule would also identify locations where 

activities are allowed, not allowed, or 

allowed but subject to restrictions. 

DATES: Comments must be received by 

October 15, 2018. 

ADDRESSES: You may submit comments, 

identified by the Regulation Identifier 

Number (RIN) 1024–AE45 by any of the 

following methods: 

• Electronically: Federal eRulemaking 

portal: http://www.regulations.gov. 

Follow the instructions for submitting 

comments. 

• Hardcopy: Mail or hand deliver to 

National Park Service, National Mall 

and Memorial Parks, 900 Ohio Drive 

SW, Washington, DC 20024, Attn: Brian 

Joyner. 

Instructions: All comments received 

must include the agency name (National 

Park Service) and RIN (1024–AE45) for 

this rulemaking. Comments will not be 

accepted by fax, email, or in any way 

other than those specified above. 

Comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. Before 

including your address, phone number, 

email address, or other personal 

identifying information in your 

comment, you should be aware that 

your entire comment including your 

personal identifying information may be 

made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information, we cannot guarantee that 

we will be able to do so. To view 

comments received through the Federal 

eRulemaking portal, go to http://

www.regulations.gov and enter 1024– 

AE45 in the search box. 

FOR FURTHER INFORMATION CONTACT: 

Brian D. Joyner, Chief of Staff, National 

Park Service, National Mall and 

Memorial Parks, (202) 245–4468, 

NAMA_Superintendent@nps.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The National Mall and areas 

surrounding the White House in 

Washington, DC are managed by the 

National Park Service (NPS) on behalf of 

the American people. These areas are 

contained within two administrative 

units of the National Park System: The 

National Mall and Memorial Parks and 

President’s Park. 

National Mall and Memorial Parks 

Within the National Mall and 

Memorial Parks, the NPS administers 

more than 1,000 acres of park land 

within the District of Columbia, 

including 14 units of the national park 

system: Belmont-Paul Women’s Equality 

National Monument, Constitution 

Gardens, Ford’s Theatre National 

Historic Site, Franklin Delano Roosevelt 

Memorial, Korean War Veterans 

Memorial, Lincoln Memorial, Martin 

Luther King, Jr. Memorial, Pennsylvania 

Avenue National Historic Site, the Mall, 

Thomas Jefferson Memorial, Vietnam 

Veterans Memorial, Washington 

Monument and Plaza, World War I 

Memorial, and World War II Memorial. 

The National Mall and Memorial Parks 

also contains more than 150 

reservations, circles, fountains, squares, 

triangles, and park spaces in the center 

of Washington, DC that were created as 

part of the L’Enfant plan of the city. 

The National Mall is a preeminent 

national landscape that is home to the 

enduring symbols of our country 

including various trees and gardens that 

symbolize cultural and diplomatic 

exchanges and gifts from other nations. 

It includes a combination of formally 

designed areas, such as the Mall and the 

grounds of the Washington Monument, 

as well as natural areas, such as the 

Tidal Basin and West Potomac Park. 

The National Mall also contains 

monuments, memorials, statues, and 

other commemorative works that honor 

important persons, historical events, 

and the ideals of democracy. The 

monuments, memorials, and sites in the 

National Mall and Memorial Parks 

connect visitors directly with American 

history and values, cultural heritage, 

and the sacrifices of so many, 

supporting our national identity as well 

as individual connections to the larger 

national and international experience. 

The NPS protects the valuable urban 

green space within the National Mall 

and Memorial Parks that accommodates 

a variety of passive and active 

recreational activities for a diverse 

population. 

President’s Park 

President’s Park comprises three 

distinct cultural landscapes that are 

each fundamental to the park and 

provide the setting for the ‘‘President’s 

Park’’ as defined by Pierre L’Enfant in 

1791. The White House is the oldest 

public building in the District of 

Columbia and has been the home and 

office of every president of the United 

States except for George Washington. 

The White House, including its wings, 

serves as the residence of the first 

family, offices for the president and 

staff, and an evolving museum. 

Lafayette Park to the north of the White 

House is a 19th-century public park 

redesigned in the 1960s. The park is 

bounded by H Street to the north, 

Madison Place to the east, Pennsylvania 

Avenue to the south, and Jackson Place 

to the west. Lafayette Park is an example 

of early American landscape design and 

the 19th century neighborhood of the 

president. The Ellipse area, or 

President’s Park South, to the south of 

the White House grounds is another 

important cultural landscape. 

President’s Park South consists of the 

elliptical park area known as the 

Ellipse, Sherman Park to the northeast, 

and the First Division Memorial Park to 

the northwest. Lafayette Park and the 

Ellipse provide a dignified transition 

area from an urban environment to the 

White House environs. They also 


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protect and enhance views to and from 

the White House and provide a setting 

for the public to view the White House. 

Many national monuments and 

memorials are found throughout the 

park, illustrating the significant role of 

President’s Park as a symbolic location 

within the urban landscape of the 

nation’s capital. 

Demonstrations and Special Events 

The buildings, structures, and 

grounds that compose the National Mall 

and Memorial Parks and President’s 

Park are national symbols of American 

democracy. Citizens from the United 

States and around the world come to 

these areas to participate in American 

democracy, celebrate freedom, and 

experience our nation’s history and 

culture. The NPS receives regular 

requests from the public to conduct 

demonstrations, which include various 

types of expressive activity such as 

marches and art displays, at locations 

within the National Mall and Memorial 

Parks and President’s Park. The NPS 

also receives requests to hold special 

events, such as wedding ceremonies, 

national celebratory events, and 

sporting activities, at the same locations. 

Each year, the NPS issues an average of 

750 permits for demonstrations and 

1,500 permits for special events within 

the NPS units subject to 36 CFR 7.96 (as 

explained below). Most of these 

activities are held within the National 

Mall and Memorial Parks and 

President’s Park. The NPS also issues an 

average of 800 permits for commercial 

filming within these parks each year. 

The NPS dedicates significant resources 

to processing permit applications and 

managing permitted activities in a 

manner that mitigates impacts to park 

resources, secures sensitive locations, 

and keeps visitors safe. 

Proposed Rule 

The NPS proposes to revise the 

regulations applicable to 

demonstrations and special events that 

are held within the National Mall and 

Memorial Parks and President’s Park. 

The NPS intends these revisions to (i) 

modify regulations explaining how the 

NPS processes permit applications to 

conduct activities in these areas; and (ii) 

better identify locations where activities 

are allowed, not allowed, or allowed but 

subject to restrictions. The NPS intends 

these changes to provide greater clarity 

to the public about how and where 

demonstrations and special events may 

be conducted in a manner that protects 

and preserves the cultural and historic 

integrity of these areas. 

The supplementary information 

contained below will explain the 

proposed changes to existing regulations 

in section 7.96 of Title 36, Code of 

Federal Regulations (36 CFR 7.96). 

These regulations govern activities 

within the National Mall and Memorial 

Parks, President’s Park, and other 

administrative units subject to section 

7.96. These other units—such as 

portions of the Chesapeake and Ohio 

Canal National Historical Park, National 

Capital Parks-East, George Washington 

Memorial Parkway, and Rock Creek 

Park—are located nearby the National 

Mall and Memorial Parks and 

President’s Park. The NPS encounters 

management issues related to 

demonstrations and special events in 

these locations that are similar to those 

encountered in the National Mall and 

Memorial Parks and President’s Park. In 

some cases, a single event such as a foot 

race will cross through several of these 

units. The administrative benefit of 

having a uniform set of regulations and 

permit processes for units in close 

proximity to one another supports 

applying the proposed changes in this 

rule to all of the units that are subject 

to section 7.96. This will allow the NPS 

to better manage these events and 

provide service to the public. The 

applicability of section 7.96 to the 

National Mall and Memorial Parks, 

President’s Park, and these other units 

is discussed in more detail below. 

A summary of the proposed changes 

is contained in the following table, 

along with a citation of the regulation 

that would be changed. The proposed 

changes are discussed below in the 

order they appear in the table below. In 

addition to the changes listed below, the 

proposed rule would reorganize several 

paragraphs in section 7.96 without 

changing any of the text. 

No. Proposed change Citation 

1 ........ Remove several units from the applicability of § 7.96 ............................................................................ 7.96(a) 

2 ........ Adopt definitions of ‘‘demonstrations’’ and ‘‘special events’’ from 36 CFR part 2 ................................. 7.96(g)(1)(i) and (ii) 

3 ........ Move the definition of ‘‘structure’’ to the definitions section in § 7.96(g)(1) ........................................... 7.96(g)(1) and (5)(ix)(A)(4) 

4 ........ Consider changing the number of people that could take part in a demonstration without a permit at 

specific locations.

7.96(g)(2)(ii) 

5 ........ Require a permit for the erection of structures during a special event or demonstration regardless of 

the number of participants.

7.96(g)(2) and (g)(5)(vi)(E) 

6 ........ Consider requiring permit applicants to pay fees to allow the NPS to recover some of the costs of 

administering permitted activities that contain protected speech.

7.96(g)(3) 

7 ........ Establish permanent security zones at President’s Park where public access is currently prohibited 7.96(g)(3)(i) 

8 ........ Modify and establish restricted zones at memorials on the National Mall where special events and 

demonstrations would not be allowed in order to preserve an atmosphere of contemplation.

7.96(g)(3)(ii) 

9 ........ Modify regulations explaining how the NPS processes permit applications for demonstrations and 

special events.

7.96(g)(3) and (4) 

10 ...... Adopt criteria in 36 CFR part 2 for reviewing permit applications that apply to other NPS areas. Remove redundant criteria in § 7.96.7.96(g)(4) and (5) 

11 ...... Establish a maximum permit period of 30 days, plus a reasonable amount of time needed for set up 

and take down of structures before and after a demonstration or special event.

7.96(g)(4)(vi) 

12 ...... Identify locations where structures may not be used, and restrict the height, weight, equipment, and 

materials of structures when they are permitted during special events and demonstrations.

7.96(g)(5)(vi) 

13 ...... Apply existing sign restrictions (e.g. supports, dimensions) in President’s Park to other locations 

within the National Mall and Memorial Parks and President’s Park.

7.96(g)(5)(vii) 

14 ...... Other minor changes to § 7.96 ............................................................................................................... 7.96(g) 

1. Remove Several Units From the 

Applicability of 7.96 

The National Capital Region (NCR) is 

an administrative grouping of National 

Park System units that are located in 

and around metropolitan Washington, 

DC. NPS regulations at 36 CFR 7.96 

apply to certain park units located 

within the NCR. These special 

regulations modify the general 

regulations in 36 CFR part 2 that apply 

to all areas administered by the NPS, 


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40462 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Proposed Rules 

but only for those parks identified in 

section 7.96. 

Paragraph (a) of section 7.96 lists the 

park units in the NCR that are subject 

to the special regulations in that section. 

This rule would revise paragraph (a) to 

limit applicability and scope of the NCR 

special regulations to the following park 

areas: 

• All park areas located in Washington, 

DC 

• the George Washington Memorial 

Parkway 

• all park areas located within National 

Capital Parks East (an administrative 

grouping of park units in the NCR that 

are generally located east of the U.S. 

Capitol) 

• the portion of Chesapeake and Ohio 

Canal National Historical Park that is 

located in Washington, DC and 

Montgomery County, Maryland 

The special regulations in section 7.96 

exist to address unique management 

issues that are present in these park 

units in the NCR but not present in 

other parks in the NCR or elsewhere in 

the country. One of these issues— 

especially for park units near the 

National Mall and the White House—is 

how to manage the high volume, 

magnitude, and impacts of special 

events and demonstrations. Section 7.96 

addresses this issue with special rules 

that govern these activities. One of these 

rules requires individuals and 

organizations to send permit 

applications for demonstrations and 

special events to a central permit office 

in Washington, DC, for review and 

processing. The NPS routes all permit 

applications through this office, and 

then to the impacted park(s), to avoid 

potential confusion about where 

applications should be sent. It would be 

confusing to require the public to send 

permit applications directly to each 

park unit because there are so many 

areas administered by the NPS in the 

NCR, many of which are in close 

proximity to one another. Other unique 

management issues faced by these parks 

in the NCR include the Presidential 

Inauguration, other national celebration 

events, security needs associated with 

the White House Complex and the 

Executive Office Building, and the use 

of athletic fields near the National Mall. 

These activities are also addressed by 

special regulations in section 7.96. 

Park units that are not identified in 

paragraph (a) of section 7.96 follow 

general NPS regulations in part 2. This 

is consistent with 36 CFR 1.2(c), which 

provides that the NPS general 

regulations in part 2 apply unless there 

are NPS special regulations for 

individual park areas. The general 

regulations in part 2 address special 

events and demonstrations in sections 

2.50 and 2.51. Instead of using a central 

office, permit applications for these 

other parks are sent directly to park 

headquarters and processed by the 

administrative office at the park unit. 

Section 7.96 already applies to the 

park units identified in this proposed 

rule. The proposed changes to 

paragraph 7.96(a) in this rule would 

remove the following park units from 

the applicability and scope of the NCR 

special regulations in section 7.96: 

• Three parks in Virginia—Manassas 

National Battlefield Park, Prince 

William Forest Park, and Wolf Trap 

National Park for the Performing Arts 

• The portion of Chesapeake and Ohio 

Canal National Historical Park that is 

located outside the District of 

Columbia and Montgomery County, 

Maryland 

By removing these parks from scope 

and applicability of the NCR special 

regulations, they instead would be 

governed by the general regulations for 

special events and demonstrations 

found in sections 2.50 and 2.51. 

Although these parks are organized 

within the administrative grouping of 

the NCR, they are located further away 

from the metropolitan core of 

Washington, DC. This reduces any 

confusion about where permit 

applications should be sent. It is not 

necessary or efficient that permit 

applications for these outlying NCR 

parks be routed through the centralized 

permit office in Washington, DC. 

Allowing these outlying NCR parks to 

operate their own permit offices that can 

receive permit applications directly is 

consistent with how other NCR parks 

outside the Washington, DC, 

metropolitan area (i.e., Antietam 

National Battlefield, Harpers Ferry 

National Historical Park, and Monocacy 

National Battlefield) have operated for 

decades. Instead of using a central 

permit office in Washington, DC, 

visitors would send permit applications 

for these outlying parks to the 

administrative offices of each park, to 

the attention of the superintendent: 

Park unit Mailing address 

Manassas National Battlefield Park ............................. 12521 Lee Highway, Manassas, VA 20109, (703) 754–1861. 

Prince William Forest Park .......................................... 18100 Park Headquarters Road, Triangle, VA 22172, (703) 221–4706. 

Wolf Trap National Park for the Performing Arts ........ 1551 Trap Road, Vienna, VA 22182–1643, (703) 255–1808. 

Chesapeake and Ohio Canal National Historical Park 1850 Dual Highway, Suite 100, Hagerstown, MD 21740, (301) 739–4200. 

The other special regulations in 

section 7.96 either are not relevant to 

these parks (e.g. staging the Presidential 

Inauguration, organized athletic events, 

and taxi cab operations around National 

Memorials) or are addressed by NPS 

regulations in 36 CFR part 2 (e.g. fishing 

and camping). In order to maintain the 

existing prohibition on bathing, 

swimming or wading throughout the 

Chesapeake and Ohio Canal, the 

proposed rule would state that 

paragraph (e) of section 7.96 would 

apply to the portions of the Chesapeake 

and Ohio Canal National Historical Park 

that are located in Maryland outside of 

Montgomery County. 

2. Revise Definitions of 

‘‘Demonstrations’’ and ‘‘Special Events’’ 

NPS general regulations in 36 CFR 

part 2 define the term ‘‘demonstrations’’ 

and ‘‘special events.’’ These terms apply 

to activities that occur within all units 

of the National Park System except for 

those units identified in section 7.96 

and located within the NCR. Section 

7.96(g)(1) contains definitions for the 

terms ‘‘demonstration’’ and ‘‘special 

events’’ that apply only to those units 

identified in section 7.96 and located 

within the NCR. For both sets of 

definitions, the term ‘‘demonstration(s)’’ 

is defined to include activities that are 

considered expression and speech that 

are protected by the First Amendment. 

Special events are described or defined 

to include other activities that do not 

enjoy the same heightened protection 

under the First Amendment. The 

definitions of ‘‘demonstration(s)’’ in 

section 2.51 and section 7.96(g)(1) are 

the same. The list of types of special 

events in section 2.50 and the definition 

in section 7.96(g)(1) are similar, but 

different in some ways. A comparison is 

displayed in the table below: 


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Part 2 Section 7.96 definition 

Demonstration(s) .................. Includes demonstrations, picketing, speechmaking, 

marching, holding vigils or religious services, and all 

other like forms of conduct that involve the communication or expression of views or grievances, engaged in by one or more persons, the conduct of 

which is reasonably likely to attract a crowd or onlookers. This term does not include casual park use 

by visitors or tourists that is not reasonably likely to 

attract a crowd or onlookers. 36 CFR 2.51(a).

Includes demonstrations, picketing, speechmaking, 

marching, holding vigils or religious services and all 

other like forms of conduct that involve the communication or expression of views or grievances, engaged in by one or more persons, the conduct of 

which is reasonably likely to draw a crowd or onlookers. This term does not include casual park use by 

visitors or tourists that is not reasonably likely to attract a crowd or onlookers. 36 CFR 7.96(g)(1)(i). 

Special Events ..................... Sports events, pageants, regattas, public spectator attractions, entertainments, ceremonies, and similar 

events. 36 CFR 2.50(a).

Includes sports events, pageants, celebrations, historical reenactments, regattas, entertainments, exhibitions, parades, fairs, festivals and similar events (including such events presented by the National Park 

Service), which are not demonstrations under paragraph (g)(1)(i) of this section, and which are engaged 

in by one or more persons, the conduct of which has 

the effect, intent or propensity to draw a crowd or onlookers. This term also does not include casual park 

use by visitors or tourists which does not have an intent or propensity to attract a crowd or onlookers. 36 

CFR 7.96(g)(1)(ii). 

In order to avoid confusion that may 

arise from having separate but similar 

definitions in part 2 and section 7.96(g), 

the NPS proposes to remove the 

definition of ‘‘demonstration’’ in section 

7.96(g)(1) and refer to the definition in 

section 2.51 instead. For the same 

reason, the NPS proposes to remove the 

definition of ‘‘special events’’ in section 

7.96(g)(1) and refer to the activities 

listed in section 2.50(a) instead. Even 

though the description of special events 

in section 2.50(a) and the definition of 

‘‘special events’’ in section 7.96(g)(1) are 

worded differently, the NPS does not 

regard them as substantively different. 

The NPS does not consider referring to 

the part 2 terminology as a definition in 

section 7.96(g)(1) to be a substantive 

change to the meaning of special events. 

The description in section 2.50(a) is 

broad enough to include celebrations, 

historical reenactments, entertainments, 

exhibitions, parades, fairs, and festivals, 

which are part of the current definition 

in section 7.96(g)(1) but not part of the 

description of special events in 2.50(a). 

The description in section 2.50(a) is also 

broad enough to include other events, 

such as marathons, that are common 

within the National Mall and Memorial 

Parks. The statement in the definition in 

section 7.96(g)(1) that special events 

include events presented by the NPS 

would be moved to a new definition of 

‘‘events’’ that is explained below. This 

means that the NPS will continue to 

issue permits for NPS-sponsored events 

like the Fourth of July Celebration as a 

means of reserving park lands for these 

events. 

The definition in section 7.96 states 

that special events are those activities 

that do not qualify as demonstrations. 

This affects how the event is managed 

because certain regulations in section 

7.96 treat demonstrations and special 

events differently. For example, 

demonstrations involving 25 or fewer 

people generally may be held without a 

permit. This permit exception does not 

apply to special events. Other 

provisions in section 7.96 apply to 

demonstrations and special events in 

the same manner. 

The NPS proposes to streamline these 

regulations by defining the term 

‘‘events,’’ which would mean both 

demonstrations and special events, as 

those terms are defined in sections 2.50 

and 2.51. This definition will also 

include a statement that events do not 

include casual park use by visitors or 

tourists that is not reasonably likely to 

attract a crowd or onlookers. This caveat 

is included in both current definitions 

of ‘‘demonstration(s)’’ in parts 2 and 7 

and in the current definition of ‘‘special 

event’’ in section 7.96. The NPS 

proposes to replace the existing phrase 

‘‘which does not have an intent or 

propensity,’’ which is used in the 

definition of ‘‘special events’’ in section 

7.96, with the phrase ‘‘that is not 

reasonably likely,’’ which is used in the 

definitions of ‘‘demonstration(s)’’ in 

parts 2 and 7. The NPS prefers to have 

one standard for determining what 

constitutes casual park use and believes 

the ‘‘reasonably likely’’ standard is more 

objective and easier to understand than 

a standard that requires NPS law 

enforcement staff to discern the intent of 

a person or group. This would provide 

greater clarity to the public about what 

types of activities are subject to the 

regulations in section 7.96. The NPS 

will retain use of the terms 

‘‘demonstrations’’ and ‘‘special events’’ 

in certain locations within section 7.96 

where the distinction is necessary to 

ensure that NPS does not overly restrict 

speech that enjoys heightened 

protections under the First Amendment. 

The NPS will remove the text in the 

section 7.96 definition that states that 

special events are those activities that 

do not qualify as demonstrations. 

Experience managing events has shown 

that some demonstrations have elements 

that are special events. The NPS 

specifically seeks comments on how it 

might further differentiate between the 

demonstration element(s) and the 

special event element(s) of a single 

activity. What factors should the NPS 

consider when differentiating between 

the demonstration and special event 

elements of a single activity? How 

should the NPS regulate activities that 

have elements of demonstrations and 

special events? The NPS seeks 

comments on the definitions and 

treatment of demonstrations and special 

events. What additional factors should 

the NPS consider when determining 

whether an activity is a demonstration 

or a special event? 

3. Move the Definition of ‘‘Structure’’ to 

the Definitions Section in 7.96(g)(1) 

Section 7.96(g)(5)(ix) contains 

regulations that apply to Lafayette Park. 

These regulations prohibit the erection, 

placement, or use of structures of any 

kind except for those that are handcarried and certain speakers’ platforms 

depending upon the size of the 

demonstration. In order to understand 

what is prohibited, the regulations 

define the term ‘‘structure’’ in section 

7.96(g)(5)(ix)(A)(4). The definition 

includes most items that could be 

erected or placed within the park, with 

limited exceptions for signs, attended 


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bicycles and baby strollers, and 

wheelchairs and other similar devices. 

The NPS proposes to move the 

definition of ‘‘structure’’ from section 

7.96(g)(5)(ix)(A)(4), to the definitions 

section in 7.96(g)(1). This would clarify 

that the definition of the term 

‘‘structure’’ applies anywhere that term 

is used in section 7.96. This includes 

section 7.96(g)(5)(vi), which regulates 

the use of structures in connection with 

demonstrations and special events 

located within any unit identified in 

section 7.96(a). This includes the 

National Mall and Memorial Parks and 

President’s Park. This change would 

reduce the potential for confusion about 

the meaning of the term ‘‘structure’’ in 

section 7.96. The existing definition in 

7.96(g)(5)(ix)(A)(4) has proven to be 

workable and clearly understood. 

Moving the term to the definitions 

section would make it easier for the 

public to find and understand the 

meaning of this term. The NPS proposes 

to add trailers, jumbotrons, light towers, 

delay towers, portable restrooms, and 

mobile stages to the definition of a 

structure because these items are 

commonly requested as part of larger 

events. 

4. Consider Changing the Number of 

People That Could Take Part in a 

Demonstration Without a Permit at 

Specific Locations 

Section 7.96(g)(2) states that a 

demonstration or special event may be 

held only pursuant to a valid permit. 

There are some important exceptions, 

however, for demonstrations. 

Demonstrations involving 25 persons or 

fewer may be held without a permit. 

This exception in section 7.96(g)(2)(i) is 

known as the ‘‘small group exception.’’ 

In addition to the small group 

exception, section 7.96(g)(2)(ii) 

identifies several locations where 

demonstrations of larger groups may be 

held without a permit. Up to 500 

persons may demonstrate at Franklin 

Park and McPherson Square without a 

permit, up to 100 persons may 

demonstrate at U.S. Reservation No. 31 

without a permit, and up to 1,000 

persons may demonstrate at Rock Creek 

and Potomac Parkway without a permit. 

The NPS seeks comment on whether 

it should increase the maximum number 

of persons that may demonstrate at 

Franklin Park and McPherson Square 

without a permit. The NPS also requests 

comment on whether it should establish 

new exceptions for Farragut Square and 

Dupont Circle that would allow 

demonstrations larger than 25 persons 

to occur without a permit. The NPS has 

determined that the maximum number 

of persons that can participate in an 

event without the need for a medical 

station with advanced life support is 

2,500 for each location. This number 

represents the outer limit of how many 

people could demonstrate in each 

location without a permit in order to 

maintain public safety. If the NPS raises 

the maximum numbers of persons that 

may demonstrate in Franklin Park, 

McPherson Square, Farragut Square, or 

Dupont Circle without a permit, these 

numbers would be less than 2,500 in 

order to maintain public order, health, 

and safety, and mitigate impacts to park 

resources. The NPS seeks comment, 

however, on whether the numbers could 

be raised in a manner that better aligns 

the current limits with sizes and 

locations of the designated areas in 

order to increase opportunities for 

spontaneous demonstrations. 

Alternatively, the NPS seeks comment 

on whether it should lower the numbers 

of persons that may demonstrate in 

Franklin Park, McPherson Square, U.S. 

Reservation No. 31, and Rock Creek and 

Potomac Parkway without a permit. The 

NPS would not lower those numbers 

below 25 persons which is consistent 

the small group exception. Lowering 

those numbers would allow the NPS to 

better manage and anticipate 

demonstrations occurring on NPSadministered lands. 

5. Require a Permit for the Erection of 

Structures During a Special Event or 

Demonstration Regardless of the 

Number of Participants 

The NPS proposes to require a permit 

in order to erect structures, other than 

small lecterns or speakers’ platforms, 

during any demonstration or special 

event—even those demonstrations that 

would not otherwise require a permit 

because of their small size or location. 

Current regulations generally require a 

permit to hold a demonstration or 

special event in the NCR. These 

regulations allow a permit-holder to 

erect structures to meet messaging and 

logistical needs. In some circumstances, 

NPS regulations allow smaller 

demonstrations to occur without a 

permit. 

Demonstrations involving 25 or less 

participants fall under the ‘‘small group 

exception’’ and do not require a permit. 

Except for Lafayette Park (where only 

speakers’ platforms are allowed in 

accordance with a permit) and the 

White House Sidewalk (where no 

structures are allowed), current 

regulations state that demonstrations 

falling under the small group exception 

may not erect structures other than 

small lecterns or speakers’ platforms. 

This proposed rule would further define 

the types of structures that small groups 

may erect without a permit by stating 

that speakers’ platforms must be no 

larger than three (3) feet in length, three 

(3) feet in width, and three (3) feet in 

height. This size limitation is consistent 

with existing regulations that allow the 

NPS to issue a permit for ‘‘soapbox’’ 

speakers’ platforms in Lafayette Park if 

the size of the demonstration is less 

than 100 persons. The proposed rule 

would also clarify that individuals and 

groups of less than 25 may erect other 

structures, including larger speakers’ 

platforms, if they obtain a permit. 

In five park areas within the NCR, 

current regulations allow for larger 

demonstrations to occur without a 

permit, provided the demonstrations 

involve less than a maximum number of 

participants. These five parks are 

Franklin Park (500 person limit), 

McPherson Square (500 person limit), 

U.S. Reservation No. 31 at 18th Street 

and H Street NW (100 person limit), 

Rock Creek and Potomac Parkway west 

of 23rd Street and south of P Street NW 

(1,000 person limit), and U.S. 

Reservation No. 46 at 8th and D Streets, 

SE (25 person limit). Unlike the 

regulations for demonstrations falling 

under the small group exception, the 

regulations establishing the permit 

exception areas at Franklin Park, 

McPherson Square, U.S. Reservation No. 

31, Rock Creek and Potomac Parkway, 

and U.S. Reservation No. 46 do not 

prohibit the use of structures. As a 

result, demonstrations involving the use 

of structures are allowed without a 

permit in these five areas if they fall 

under the size limits. 

The NPS has determined that the 

absence of a permit requirement before 

erecting a structure in these five parks 

poses a negative impact to park 

resources and visitor safety. Without a 

permit, demonstrators erecting 

structures are not aware of the location 

of any underground water lines in turf 

areas, or when and what type of matting 

may be necessary to protect turf, marble, 

or granite, or ensure that the structure 

is safe. 

There was a long-term demonstration 

at McPherson Square in 2012, where 

among other actions, demonstrators 

attempted to erect a large and unsafe 

barn-like structure made up of a wooden 

frame of boards and planks. A permit 

was not required because the size of the 

demonstration was less than 500 people. 

Construction was stopped when U.S. 

Park Police officers observed the 

situation and consulted local safety 

officials who condemned the structure 

as unsafe. The same demonstration 

involved a large number of tents of 

various sizes, including dome, A-frame, 

and outfitter tents, that covered a 


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majority of the Square. Demonstrators 

used these tents for sleeping, meetings, 

as a library, as temporary restroom 

facilities (with buckets), and as a mess 

hall (with propane), These tents and the 

individuals using them created a public 

health nuisance that detracted from 

health and well-being. NPS personnel 

and participants reported human waste 

found around tents or in trash 

receptacles. Rodent burrows were 

observed and rodents were reported 

seen at night. Flammable liquids were 

observed outside of tents. Ultimately the 

NPS was able to remove these 

structures, after receiving many 

complaints from surrounding residents 

and businesses, and documentation of 

unsafe and unhygienic conditions at 

McPherson Square. The U.S. Park Police 

requested and spent approximately 

$480,000 for emergency operations to 

maintain law and order in connection 

with this event. This amount does not 

include additional funds that the NPS 

spent to restore and rehabilitate the 

condition of the park after the event. 

This incident revealed that requiring a 

permit would better protect park 

resources and keep visitors safe when 

structures are erected—no matter the 

size of the demonstration. 

Without a permit requirement, NPS 

managers are less informed about the 

presence of structures and therefore in 

many cases are unable to ensure public 

safety, address traffic concerns, and 

protect park resources. Requiring a 

permit for structures—no matter the size 

of the demonstration—would allow NPS 

staff to work with permit applicants 

regarding their proposed structure and 

address legitimate concerns about 

visitor safety and resource protection. A 

permit would not be required for small 

lecterns, speakers’ platforms, portable 

signs, or banners because these items do 

not raise the same concerns about 

public health, safety, and resource 

protection. A permit would not be 

required for individuals engaging in 

casual park use with objects such as 

small chairs, wheelchairs, picnic 

shelters, beach umbrellas, or small 

tables because this activity would not be 

considered an event under the 

regulations. 

6. Consider Requiring Permit Applicants 

To Pay Fees To Allow the NPS To 

Recover Some of the Costs of 

Administering Permitted Activities That 

Contain Protected Speech 

The NPS has the authority to recover 

all costs of providing necessary services 

associated with special use permits. 54 

U.S.C. 103104. This authority allows the 

NPS to recover all costs incurred by the 

NPS in receiving, writing, and issuing 

the permit, monitoring the permitted 

use, restoring park areas, or otherwise 

supporting a special park use. Under 

current NPS policy, the NPS does not 

charge cost recovery if the proposed 

activity is an exercise of a right, such as 

a demonstration. In current practice, the 

NPS recovers costs associated with 

special events, but not demonstrations. 

The NPS recovers an application 

processing fee and is in the process of 

developing a more robust cost recovery 

program that would allow the NPS to 

recover additional costs associated with 

special events, including administrative, 

equipment, and monitoring costs. 

Demonstrations can have substantial 

impacts on resources, resulting in a 

financial burden to the federal 

government, particularly where 

structures are involved. The NPS 

specifically seeks comment on the 

merits of recovering costs associated 

with permitted demonstrations, and on 

how any cost recovery should be done. 

The NPS seeks comment on how it 

could establish a set of clearly defined, 

objective categories and criteria in 

advance for what costs would be 

recovered. These categories could 

include direct costs associated with 

event management (other than costs for 

law enforcement personnel and 

activities), set up and take down of 

structures; material and supply costs 

such as barricades and fencing needed 

for permitted activities; costs for the 

restoration, rehabilitation, and clean-up 

of a permitted area such as sanitation 

and trash removal; permit application 

costs; and costs associated with resource 

damage such as harm to turf, benches, 

poles, and walkways. The NPS requests 

comment on whether it should establish 

an indigency waiver for permittees who 

cannot afford to pay cost recovery, and 

how this waiver program could be 

implemented to safeguard the financial 

information of permittees. The NPS is 

interested only in how this waiver could 

be applied to permitted demonstrations, 

not special events. The NPS seeks 

comment on how it could implement 

protocols to ensure that costs recovered 

from administering permits associated 

with demonstrations are documented 

and assessed to permittees in a uniform 

and appropriate manner. If the NPS 

decides to recover some costs associated 

with permit applications for 

demonstrations, it requests comment on 

how it could provide reasonable 

advance notice to permittees about the 

types and amounts of costs that could be 

recovered. 

7. Establish Permanent Security Zones 

at President’s Park Where Public Access 

is Prohibited 

Section 7.96(g)(3)(i) allows the NPS to 

issue permits for demonstrations on the 

White House sidewalk, Lafayette Park, 

and the Ellipse. Permits may not be 

issued for special events in these 

locations, except for the Ellipse and for 

annual commemorative wreath-laying 

ceremonies related to statues in 

Lafayette Park. Although the regulations 

allow for demonstrations and special 

events in some of these locations, the 

NPS has temporarily closed to general 

public access certain park areas in the 

vicinity of the south fence line of the 

White House and in and around First 

Division Memorial Park and Sherman 

Park. The United States Secret Service 

requested these closures to ensure 

necessary security and safety for the 

adjacent White House complex, its 

occupants, and the public. The NPS 

proposes to close these areas in the 

manner requested by the United States 

Secret Service by adding closure 

language to section 7.96. 

For the areas in the vicinity of the 

south fence line, the Secret Service 

determined that their location, 

visibility, and public access present a 

significant potential area of risk for 

individuals attempting to penetrate the 

secure perimeter of the White House 

Complex and gain unlawful access onto 

the grounds of the White House. 

Restricting public access to the south 

fence line would not only serve to 

lessen the possibility of individuals 

unlawfully accessing the White House 

grounds, but will also create a clear 

visual break to enable Secret Service 

personnel to identify any individuals 

attempting to scale the White House 

fence. The NPS implemented this 

closure on a temporary basis in April 

2017 under its authority in 36 CFR 1.5. 

For the areas in and around the First 

Division Memorial Park and Sherman 

Park, the Secret Service determined that 

parts of these areas must be kept clear 

for security reasons. The First Division 

area has been subject to closures on a 

temporary and recurring basis since 

August 11, 2004. The Sherman Park area 

has been subject to closures on a 

temporary and recurring basis since 

December 4, 2009. Neither 

demonstrations nor special events are 

currently allowed in these areas, so this 

rule change would not remove these 

areas from the public forum. State Place 

and Hamilton Place have been closed to 

general vehicle traffic for some time. 

Even with these closures in place, the 

public can continue to see the White 

House’s south fac ̧ade from the Ellipse. 


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The closures would not adversely affect 

the park’s natural, aesthetic, or cultural 

values given the existing and ongoing 

public safety and security measures and 

alerts in Washington, DC since the 

September 11, 2001, terrorist attacks. 

8. Establish Additional Restricted Zones 

at Memorials on the National Mall 

Where Special Events and 

Demonstrations Are Not Allowed in 

Order To Preserve an Atmosphere of 

Contemplation 

Memorial Restricted Areas 

This rule would create restricted areas 

at the World War II Memorial, the 

Korean War Veterans Memorial, and the 

Martin Luther King, Jr. Memorial. 

Demonstrations and special events 

would be prohibited in these restricted 

areas, except for official commemorative 

ceremonies. These restricted areas are 

similar to the restricted areas at the 

Lincoln Memorial, the Thomas Jefferson 

Memorial, the Washington Monument, 

and the Vietnam Veterans Memorial, 

which were established decades ago and 

are intended to help maintain an 

appropriate atmosphere of calm, 

tranquility, and reverence in these 

memorial areas, while allowing 

designated official commemorative 

ceremonies. NPS regulations 

establishing the restricted area at the 

Thomas Jefferson Memorial were 

upheld in Oberwetter v. Hilliard, 639 

F.3d 545 (D.C. Cir. 2011). This rule 

would also expand the restricted area at 

the Washington Monument to account 

for the area around the Monument’s 

base that has been substantially 

landscaped with granite pavers and 

marble benches up to its circle of flags. 

The rule would also include clearer 

maps of the existing restricted areas at 

the White House, the Lincoln Memorial, 

and the Thomas Jefferson Memorial. 

The updated map of the restricted areas 

at the White House would depict the 

proposed security closures discussed in 

the prior section. 

These restrictions further the NPS’s 

interest in securing these memorials and 

maintaining the intended atmosphere of 

calm, tranquility, and reverence, and in 

providing the contemplative visitor 

experience intended for the memorials. 

The restrictions in this rule are limited 

and apply only to those areas necessary 

to further the interests identified above. 

At each location, there are several other 

nearby areas available for a more full 

range of free expression, including 

demonstrations and special events. 

Maps showing the location of restricted 

areas would be available online at 

https://home.nps.gov/nama/learn/ 

management/index.htm and at National 

Mall and Memorial Parks headquarters 

at 900 Ohio Drive SW, Washington, DC 

20024. 

The rule would make slight 

modifications to the restricted area at 

the Vietnam Veterans Memorial in order 

to help the NPS manage events. These 

modifications would slightly scale back 

the areas where sound and stage 

equipment are currently not allowed. 

This would allow for other groups to 

walk on the exterior pathways and place 

equipment along the reflecting pool for 

larger events. In addition, the striped 

restricted areas—where demonstrations 

and special events are currently 

prohibited—would be scaled back to the 

inside of the north and west sidewalks 

on the top of the wall. 

World War II Memorial 

Authorized by an Act of Congress at 

107 Stat. 90 (1993), the World War II 

Memorial honors the service of sixteen 

million members of the Armed Forces of 

the United States of America, the 

support of millions of others on the 

homefront, and the ultimate sacrifice of 

more than 400,000 Americans. 

Dedicated on May 29, 2004, the World 

War II Memorial serves as a tribute to 

the legacy of ‘‘The Greatest Generation.’’ 

The granite, bronze, and water elements 

of the Memorial harmoniously blend 

with the lawns, trees, and shrubbery of 

the surrounding landscape on the 

National Mall. 

The 24 bronze bas-relief panels that 

flank the Memorial’s Ceremonial 

Entrance offer glimpses into the human 

experience at home and at war. Fifty-six 

granite columns, split between two halfcircles framing the rebuilt Rainbow Pool 

with its celebratory fountains, 

symbolize the unprecedented wartime 

unity among the forty-eight states, seven 

federal territories, and the District of 

Columbia. Bronze ropes tie the columns 

together, while bronze oak and wheat 

wreaths represent the nation’s industrial 

and agricultural strengths. Two 43-foot 

tall pavilions proclaim American 

victory on the Atlantic and Pacific 

fronts. 

At the center of the World War II 

Memorial is the Freedom Wall Plaza. 

The Freedom Wall is located on the 

west side of the Plaza. The Wall 

contains 4,048 Gold Stars, each of 

which represents 100 American military 

deaths. During World War II, when a 

man or woman went off to serve in the 

war, his or her family often displayed a 

blue star on a white field with a red 

border in their window. If the family 

member died in the war effort, the 

family would replace the blue star with 

a gold star that revealed that family’s 

sacrifice. Beneath the gold stars on the 

Freedom Wall appears the simple but 

poignant engraved message: ‘‘Here We 

Mark the Price of Freedom,’’ which pays 

silent and solemn tribute to those who 

paid the ultimate sacrifice. Much like a 

formal gathering where the guest or 

place of honor is at center, the Freedom 

Wall with its gold stars is the 

Memorial’s place of honor, which 

symbolizes the number of American 

dead and missing from World War II. 

The restricted area would be located in 

front of the Freedom Wall and extend to 

the western edge of the Rainbow Pool. 

Korean War Veterans Memorial 

Authorized by an Act of Congress at 

110 Stat. 3226 (1986), the Korean War 

Veterans Memorial honors members of 

the Armed Forces of the United States 

who served in the Korean War. 

Dedicated on July 27, 1995, the 

Memorial is located on the National 

Mall just south of the Lincoln Reflecting 

Pool. Viewed from above, the Korean 

War Veterans Memorial is a circle 

intersected by a triangle. Visitors 

approaching from the east first come to 

the triangular Field of Service, where a 

group of 19 stainless-steel statues 

depicts a squad on patrol. Strips of 

granite and scrubby juniper bushes 

suggest the rugged Korean terrain, while 

the statues’ windblown ponchos recall 

the harsh weather. This symbolic patrol 

represents soldiers from a variety of 

ethnic backgrounds in the U.S. Air 

Force, Army, Coast Guard, Navy, and 

Marines. 

On the north side of the statues is a 

granite curb which lists the 22 countries 

that sent troops or gave medical support 

in defense of South Korea. On the south 

side is a black granite wall, whose 

polished surface mirrors the statues, 

intermingling the reflected images with 

faces etched into the granite. The mural 

is based on actual photographs of 

unidentified American soldiers, sailors, 

airmen, and marines. Walking past the 

Field of Service, visitors approach the 

circular Pool of Remembrance. The Pool 

is encircled by a grove of trees and 

provides a quiet setting for 

contemplation. The numbers of those 

killed, wounded, missing in action, and 

held prisoner-of-war are etched nearby 

in stone. Opposite this counting of the 

war’s toll is another granite wall which 

bears a simple but poignant engraved 

message inlaid in silver: ‘‘Freedom Is 

Not Free.’’ The restricted area would 

encompass most of the Memorial. The 

perimeter of the restricted area would be 

marked by the exterior walkways and by 

the placement of ground-level markers 

to mark its eastern boundary, similar to 

markers identifying the eastern 


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boundary of the restricted areas at the 

Vietnam Veterans Memorial. 

Martin Luther King, Jr. Memorial 

Authorized by an Act of Congress at 

110 Stat. 4157 (1986), the Martin Luther 

King, Jr. Memorial was dedicated on 

October 16, 2011. The Memorial helps 

preserve the memory of Dr. King as a 

visionary, a faith leader and public 

intellectual, an unwavering advocate of 

social justice, and a martyr to peace, 

equality, and justice. On the steps of the 

nearby Lincoln Memorial, a clear 

symbol of freedom, Dr. King delivered 

his first national address, ‘‘Give Us the 

Ballot’’ in 1957. He returned to the 

Lincoln Memorial as a key figure 

supporting the 1963 March on 

Washington. There, in the defining 

moment of his leadership in the 

movement for civil rights, Dr. King 

delivered his immortal ‘‘I Have a 

Dream’’ speech. 

The Memorial is located on the banks 

of the Tidal Basin between the Lincoln 

and Thomas Jefferson Memorials and 

accentuates Dr. King’s story within the 

larger narrative of the nation. The 

Memorial encompasses four acres, and 

comprises elements of architecture, 

water features, sculpture and 

inscriptions, that together create a sense 

of place and a setting for remembrance 

and celebration. At the north entry 

portal, the Mountain of Despair’s two 

stones are parted and the Stone of Hope 

is pushed forward toward the horizon; 

the missing piece of what was once a 

single boulder. The emergent Stone of 

Hope represents the struggle felt by Dr. 

King whose image is carved in it and 

gazes over the Tidal Basin toward a 

future society of justice and equality. 

The quotations chosen for the plaza’s 

Inscription Walls represent Dr. King’s 

messages of justice, democracy, hope, 

and love. Fourteen of Dr. King’s quotes 

are engraved on a 450-foot crescent 

shaped granite wall. These quotes span 

his involvement with the Montgomery 

bus boycotts in Alabama in 1955 to his 

last sermon delivered at the National 

Cathedral in Washington, DC, in 1968, 

four days before his assassination. The 

restricted area would encompass almost 

all of the plaza in the Memorial that 

begins when the visitor emerges from 

the portal through the Mountain of 

Despair. 

Washington Monument 

The Washington Monument honors 

both the nation’s first President and his 

legacy. Built between 1848 and 1884, 

the Monument is the nation’s foremost 

memorial to President Washington and 

the tallest masonry structure in the 

world at approximately 555 feet tall. 

Dedicated in 1884, the Washington 

Monument shows the enduring 

gratitude and respect held by the 

citizens of the United States for 

President Washington and his 

contributions to the fight for 

independence and founding of our 

Nation. The Washington Monument is 

surrounded by a circular colonnade of 

50 aluminum flagpoles that display 

American flags. These flags represent 

the 50 states and are displayed at all 

times during the day and night to 

symbolize our enduring freedom. 

In 2014, the Washington Monument 

plaza and its marble benches were 

rehabilitated with the installation of 

granite pavers that extend from the 

Monument to the circle of flags. From 

the Washington Monument plaza, 

visitors can also see grand vistas south 

to the Thomas Jefferson Memorial, east 

to the Capitol, north to the White House, 

and west to the Lincoln Memorial. 

When the current restricted area for 

the Washington Monument was 

established, there was an inner circle 

surrounding the base of the Monument 

that was encircled by a roadway. The 

restricted area included the inner circle 

and extended to the roadway. This took 

advantage of an obvious physical 

boundary to mark the edge of the 

restricted area. The roadway was 

removed in 2001 and is now covered by 

the granite plaza that was completed in 

2014. This granite plaza extends from 

the Monument beyond the old location 

of the roadway out to the circle of flags. 

In order to provide certainty to the 

public about the extent of the restricted 

area, and to allow more visitors to 

experience the grand vistas south to the 

Thomas Jefferson Memorial, east to the 

Capitol, north to the White House, and 

west to the Lincoln Memorial, the NPS 

proposes to expand the restricted area 

outward approximately 48 feet to 

include the entire granite plaza that 

surrounds the Monument out to the 

circle of flags. Visitors would thus be 

able to readily identify the expanded 

restricted area because it is delineated 

by the circle of flags which is marked by 

a post and chain fence that surrounds 

the plaza. The granite plaza is also a 

different material than the concrete 

sidewalks that lead to it. The NPS 

believes it is important to reserve the 

entire granite plaza as a place where an 

atmosphere of calm, tranquility and 

reverence is maintained, so that visitors 

may contemplate the meaning of the 

Monument and of George Washington, 

while leaving ample space nearby for 

demonstrations and special events. For 

many people, standing in the granite 

plaza or sitting on one of its marble 

benches will be as close as they get to 

the Monument because of the obelisk’s 

limited occupant capacity and hours of 

operation. 

9. Modify Regulations Explaining How 

the NPS Processes Permit Applications 

for Demonstrations and Special Events 

Sections 7.96(g)(3) and (4) describe 

how the public can submit a permit 

application to the NPS for a 

demonstration or special event, and 

how the NPS will process that 

application. The NPS proposes to make 

several changes to these regulations in 

order to provide greater clarity and 

certainty to the public about how the 

NPS processes permit applications. 

Applying for a commercial filming 

permit at the National Mall and 

Memorial Parks and President’s Park is 

governed by regulations in 43 CFR part 

5, which are not affected by this 

proposed rule. 

Waiver of 48-Hour Permit Application 

Deadline 

Section 7.96(g)(3) requires that 

applicants submit permit applications at 

least 48 hours in advance of any 

demonstration or special event. Under 

existing regulations, this requirement 

can be waived by the Regional Director 

if the size and nature of the activity will 

not reasonably require the commitment 

of park resources or personnel in excess 

of that which are normally available or 

which can reasonably be made available 

within the necessary time period. The 

NPS proposes to replace this waiver 

language by stating that notwithstanding 

the 48-hour requirement, the Regional 

Director will reasonably seek to 

accommodate spontaneous 

demonstrations, subject to all 

limitations and restrictions applicable to 

the requested location, provided such 

demonstrations do not include 

structures and provided the NPS has the 

resources and personnel available to 

manage the activity. Reactions to 

specific or imminent occurrences, 

including but not limited to a 

presidential action, congressional vote, 

or Supreme Court decision, often result 

in requests for spontaneous 

demonstrations. Adding this statement 

would provide more flexibility for 

spontaneous demonstrations, while 

allowing the Regional Director to ensure 

that the NPS and the U.S. Park Police 

have the law enforcement capacity to 

safely manage events that are requested 

with less than 48-hours notice. The 

proposed language would clarify for the 

public that structures may not be used 

for events that are not requested at least 

48 hours in advance. This is the 

minimum amount of time the NPS 

needs to evaluate the safety concerns 


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and resource impacts associated with 

the use of structures. 

Removal of 24-Hour Deemed Granted 

Status for Demonstrations 

Section 7.96(g)(3) states that 

applications for demonstrations are 

deemed granted, subject to all 

limitations and restrictions applicable to 

the park area, unless denied within 24 

hours of receipt. Permit applications 

that are ‘‘deemed granted’’ after this 24- 

hour period remain subject to terms and 

conditions that are negotiated between 

the applicant and the NPS. This 

negotiation can result in the permit 

application being denied, partially 

denied, or modified by the NPS as it 

receives more information from the 

permittee about the requested event. 

This is particularly the case when 

applicants request permits for large and 

complex demonstrations with structures 

that raise resource and public safety 

concerns. In some cases, the NPS 

receives information from the applicant 

in the weeks or days before the event 

begins. This can result in the NPS 

imposing permit terms and conditions 

just before the event in order to mitigate 

concerns related to park resources and 

public order and safety. The result is 

that permit applications that have been 

‘‘deemed granted’’ are often times 

subject to a lengthy review process that 

can be confusing for permit applicants. 

The NPS proposes to remove the 

‘‘deemed granted’’ language in section 

7.96(g)(3) and replace it with language 

in section 7.96(g)(4) that better reflects 

how the NPS processes permit 

applications. These changes are 

discussed below. 

Timeline To Respond to an Application 

Section 7.96(g)(4)(1) states that the 

NPS processes permit applications for 

demonstrations and special events in 

order of receipt. This regulation also 

states that the NPS will not accept 

applications more than one year in 

advance of a proposed event (including 

set-up time). An application is 

considered received at the time and date 

stamped on the application by a staff 

member of the NPS Permits 

Management Division. Applications are 

only stamped if they contain basic 

information about the requested event. 

At minimum, an application must 

provide the location, purpose and plan 

for the event, time and date, number of 

people who will participate, and contact 

information. Instead of the 24-hour 

‘‘deemed granted’’ provision, the NPS 

proposes that it will provide an initial 

response for all permit applications for 

demonstrations within three business 

days of receipt. Within that time frame, 

the NPS would notify the applicant that 

the permit application has been 

characterized in one of three ways: 

Approved, Provisionally Reserved, or 

Denied. The NPS anticipates that this 

notification will be in the form of an 

electronic communication (e.g. text 

message, email) indicating the category 

of disposition and—if the application is 

provisionally reserved—stating that the 

NPS will follow-up with the applicant 

for more information. If the NPS fails to 

send the electronic communication to 

the permit applicant within three 

business days of receiving the 

application, then the permit application 

will be approved. The NPS anticipates 

that it will use electronic 

communication with applicants in order 

to provide more rapid and timely 

information. The NPS proposes to 

clarify in the regulations that only those 

applications that contain basic 

information about the event (location, 

time and date, purpose and plan for the 

event, number of people who will 

participate, and contact information) 

will be subject to the three-business day 

initial response period. Applications 

that do not contain this information 

prevent the NPS from making an initial 

determination about their status. The 

NPS would notify applicants if their 

applications do not contain enough 

information to make an initial 

determination and would identify the 

information that must be provided. 

Applications for special events will 

not be subject to this requirement and 

therefore will not be considered 

approved after any specified period of 

time. The NPS will respond to 

applications for special events as soon 

as practicable given the workload and 

available resources in the Division of 

Permits Management when the 

application is received. The NPS will 

provide an opportunity for the applicant 

to characterize the event as either a 

demonstration or a special event. The 

NPS, however, will apply the 

definitions of demonstration and special 

event to determine the type of activity 

requested by a permit application for 

purposes of whether an initial response 

must be provided within three business 

days. For events that contain elements 

of both demonstrations and special 

events, only the demonstration elements 

will be approved if the NPS fails to 

notify the applicant that those elements 

are either provisionally reserved or 

denied within three business days. 

The NPS believes that the increased 

volume and complexity of applications 

for events necessitates an increase in the 

amount of time it has to provide 

information back to the applicant about 

the status of a particular request. Under 

existing regulations, an application for a 

demonstration is deemed granted, based 

on language in the decision in Quaker 

Action IV, 516 F.2d 717 (1975), unless 

the NPS denies the application within 

24 hours. In this way, permit applicants 

can understand the status of their 

application for a demonstration within 

24 hours, although applications that are 

deemed granted remain ‘‘subject to all 

limitations and restrictions applicable to 

said park area.’’ The NPS proposes to 

extend the timeframe for either denying 

an application for a demonstration or 

providing an applicant a reservation of 

space from 24 hours to three business 

days. This would account for the 

substantial increase in the volume and 

complexity of permit applications over 

time. In 1975, for example, the NPS 

processed 705 permit applications for 

demonstrations and events located 

within NPS units subject to section 7.96. 

In 1976, the NPS processed 876 

applications. By comparison, the NPS 

processed 2,986 permit applications in 

2016, plus an additional 800 

commercial filming permits for 

television and motion pictures. In 2017, 

the NPS processed 4,658 permit 

applications for demonstrations, special 

events, and commercial filming. In the 

last ten years, the NPS processed an 

average of almost 3,000 permits per 

year, including demonstrations, special 

events, and commercial filming. 

Requested events have become more 

complex with advancements in staging, 

structures, and audio-visual technology. 

The increased complexity of events is 

reflected in the personnel services costs 

necessary to manage them. On average, 

permit processing activities require 

more than five full time employees at a 

cost of $700,000 per year. Events such 

as running and bicycle races cost the 

United States Park Police an average of 

$40,000 per event. More complex events 

are much more expensive. For example, 

the United States Park Police spent 

approximately $500,000 to manage the 

opening of the National Museum of 

African American History and Culture. 

The United States Park Police and the 

National Mall and Memorial Parks staff 

spent approximately $730,000 to 

manage the HBO Concert for Valor in 

November 2014 and approximately 

$350,000 to manage the Landmark 

Music Festival in September 2015. 

Categories for the Disposition of Permit 

Applications 

The NPS proposes that applications 

for demonstrations and special events 

would be initially categorized in one of 

three ways: Approved, Provisionally 

Reserved, or Denied. The NPS proposes 

to process applications in each category 


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differently, as described below. The 

NPS believes that these categories will 

provide more information to the public 

about the status of their applications 

than is provided by the existing 

regulations. 

If the NPS approves a permit 

application, the NPS would send a 

permit to the applicant for the specific 

event requested as soon as practicable. 

The permit would contain terms and 

conditions that would not be subject to 

change or negotiation. The permit could 

contain conditions reasonably 

consistent with the requirements of 

public health and safety and protection 

of park resources. The permit could also 

contain reasonable limitations on the 

equipment used and the time and area 

within which the event is allowed. A 

permit for a special event could also 

require the applicant to file a cost 

recovery deposit in an amount adequate 

to cover costs such as restoration, 

rehabilitation, and clean-up of the area 

used, and other costs resulting from the 

event. In addition, a permit for a special 

event may require the acquisition of 

liability insurance in which the United 

States is named as co-insured in an 

amount necessary to protect the United 

States. The NPS would reasonably seek 

to accommodate requests from the 

applicant for changes to the permitted 

event after the permit application has 

been approved. Minor changes may not 

require the establishment of new permit 

conditions. The NPS may require the 

applicant to agree to new permit 

conditions in order to accommodate 

material changes such as changes to the 

nature and purpose of the event, the 

location of the event, the type and 

number of structures involved, or the 

number or notoriety of participants. 

Existing regulations allow the ranking 

U.S. Park Police supervisory official in 

charge to revoke a permit or part of a 

permit for a demonstration if 

continuation of the event presents a 

clear and present danger to the public 

safety, good order or health or for any 

violation of applicable law or 

regulation. Existing regulations allow 

the Regional Director to exercise 

reasonable discretion to revoke a permit 

for a special event at any time. The NPS 

is replacing these two standards of 

revocation with one, uniform standard 

that applies to both demonstrations and 

special events. This will give permit 

holders more certainty about the 

validity of their permit and the 

conditions that could result in its 

revocation. The NPS proposes to allow 

the Regional Director or the ranking U.S. 

Park Police supervisory official in 

charge to revoke a permit or part of a 

permit for any violation of its terms or 

conditions, or if the event presents a 

clear and present danger to the public 

safety, good order, or health, or for any 

violation of applicable law or 

regulation. Any such revocation shall be 

in writing. The NPS exercises discretion 

when faced with minor violations of 

permit conditions and seeks to work 

with permittees to resolve such 

violations prior to revoking a permit. 

The NPS seeks comment on whether the 

regulations should state that it may only 

revoke a permit for ‘‘material’’ 

violations of permit conditions. 

If the NPS categorizes a permit 

application as provisionally reserved, 

the NPS would reserve the requested 

location, date, and time for the 

applicant, but would not approve the 

application and issue a permit until it 

receives additional information. During 

the provisionally reserved stage, the 

NPS would work diligently to resolve 

all outstanding questions in order to 

determine whether the request can be 

approved or denied. If the NPS receives 

an application more than 60 days prior 

to the requested event, the NPS would 

provide the applicant with an initial, 

comprehensive list of outstanding issues 

and requested information no later than 

40 days prior to the requested event. If 

not provided on the initial application, 

the NPS would likely ask for 

information about equipment and 

facilities to be used, and whether there 

is any reason to believe that there will 

be an attempt to disrupt, protest, or 

prevent the event. The NPS could 

request additional information from the 

applicant based upon the applicant’s 

response to the initial list. This 

exchange of information could occur 

through written correspondence, or 

through one or more logistical meetings 

among the NPS and the applicant. The 

NPS would make all reasonable efforts 

to approve or deny a permit application 

at least 30 days in advance of a 

requested event. Permit applicants 

would be required to provide the NPS 

with all requested information before 

the NPS approves or denies an 

application. 

If the NPS denies a permit 

application, it would notify the 

applicant in writing that it is unable to 

accommodate the requested event. The 

NPS would notify the applicant if the 

application could be approved or 

provisionally reserved if certain aspects 

of the request are modified. If the 

applicant notifies the NPS that it would 

consider modifying its application for 

the requested event, the NPS would 

work with the applicant to modify the 

application in a manner that it could be 

approved or provisionally reserved. 

Modifications could include fewer 

participants, less staging, a different 

footprint for the event, different 

structures incident to it, a different date 

or time of day or the order of the event, 

or an alternative location that could 

accommodate the requested event. In 

this case, the applicant would not be 

required to submit a new application. 

The modified application would be 

processed based upon the date it was 

initially received by the NPS. If the 

applicant is not willing to modify its 

application in a manner and with 

enough advance notice that would allow 

the NPS to accommodate the event, the 

application would be denied. 

10. Adopt Criteria in 36 CFR Part 2 for 

Reviewing Permit Applications That 

Apply to Other NPS Areas. Remove 

Redundant Criteria in 7.96 

Sections 7.96(g)(4)(vii) and (5)(v) 

contain criteria that the Regional 

Director can use to approve or deny 

permit applications for events within 

the NCR. Sections 2.50(a) and 2.51(f) 

contain criteria that park 

superintendents can use to approve or 

deny permit applications for events in 

other units of the National Park System. 

Several of the criteria in parts 2 and 7 

are similar to each other. In order to 

simplify and streamline its regulations, 

the NPS proposes to remove criteria 

from section 7.96 and instead refer to 

similar criteria stated in sections 2.50 

and 2.51. In some circumstances, 

however, the NPS would maintain the 

criteria in section 7.96 if those criteria 

address particular management issues 

associated with the NCR. The rule 

would clarify that even where the 

criteria in section 2.50 and 2.51 are 

adopted in section 7.96, the Regional 

Director—not the park superintendent— 

has the authority to approve or deny 

permit applications for units that are 

subject to section 7.96. This authority is 

currently delegated to the Permits 

Management Division at the National 

Mall and Memorial Parks. The table 

below indicates the criteria that would 

apply to special events and 

demonstrations within the NCR and the 

citation where those criteria are located 

in existing regulations. These criteria 

help the NPS address the management 

issues indicated in the table. 


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Criterion Existing citation Management issue 

Demonstrations and Special Events 

A fully executed prior application for the same time and place has been received, and a 

permit has been or will be granted authorizing activities which do not reasonably permit multiple occupancy of the particular area.

7.96(g)(4)(vii)(A) ........ Multiple Occupancy. 

The event is of such a nature or duration that it cannot reasonably be accommodated in 

the particular area applied for; the Regional Director shall reasonably take into account possible damage to the park, including trees, shrubbery, other plantings, park 

installations and statues.

7.96(g)(4)(vii)(C) ........ Site Capacity and Suitability. 

The application proposes activities contrary to any of the provisions of this section or 

other applicable law or regulation.

7.96(g)(4)(vii)(D) ........ Conformity with Laws and 

Regulations. 

Present a clear and present danger to the public health and safety .................................. 2.50(a)(5) ................... Public Health and Safety. 

Special Events Only 

Cause injury or damage to park resources .......................................................................... 2.50(a)(1) ................... Resource Impairment. 

Be contrary to the purposes for which the natural, historic, development and special use 

zones were established; or unreasonably impair the atmosphere of peace and tranquility maintained in wilderness, natural, historic, or commemorative zones.

2.50(a)(2) ................... Value Impairment. 

Unreasonably interfere with interpretive, visitor service, or other program activities, or 

with the administrative activities of the NPS.

2.50(a)(3) ................... Conflict with Park Operations. 

Substantially impair the operation of public use facilities or services of NPS concessioners or contractors.2.50(a)(4) ................... Conflict with Concessionaire 

or Contractor Operations. 

Result in significant conflict with other existing uses ........................................................... 2.50(a)(6) ................... Conflict with Other Uses. 

Whether the objectives and purposes of the proposed special event relate to and are 

within the basic mission and responsibilities of the National Capital Region, National 

Park Service.

7.96(g)(5)(v)(A) .......... Mission Alignment. 

Whether the park area requested is reasonably suited in terms of accessibility, size, and 

nature of the proposed event.

7.96(g)(5)(v)(B) .......... Site Capability and Suitability. 

The NPS proposes to remove two 

criteria in section 7.96 that apply only 

to special events and are no longer 

needed for the reasons stated in the 

table below. 

SPECIAL EVENTS ONLY

Criterion Existing citation Reason for removal 

Whether the proposed special event can be permitted within a reasonable budgetary allocation of National Park 

Service funds considering the event’s public appeal, and 

the anticipated participation of the general public therein.

7.96(g)(5)(v)(C) .......... The NPS seeks full cost recovery for special events and 

should not bear costs associated with permitting, monitoring, and supporting special event activities, other 

than those sponsored by the NPS. 

Whether the proposed event is duplicative of events previously offered in National Capital Region or elsewhere 

in or about Washington, DC.

7.96(g)(5)(v)(D) .......... The described area is too broad to consider when determining whether an event is duplicative of another event. 

This criteria does not account for events that are similar 

but held at different times. Applicants may request to 

have separate events in different locations with the 

NCR that commemorate the same figure or occasion. 

11. Establish a Maximum Permit Period 

of 30 Days, Plus a Reasonable Amount 

of Time Needed for Set Up and Take 

Down of Structures Before and After the 

Event 

Section 7.96(g)(4)(vi) states that the 

NPS will issue permits authorizing 

demonstrations or special events for 

seven days in the White House area 

(except the Ellipse) and for four months 

in the Ellipse and all other park areas. 

The permit validity period is different 

for activities related to inaugural events. 

In the White House area (except the 

Ellipse), the permit validity period for 

inaugural activities is October 24 

through April 1 for reasonable and 

necessary set-up and take-down 

activities for the White House Sidewalk 

and Lafayette Park. In the Ellipse and all 

other park areas, the permit validity 

period for inaugural activities is 

December 7–February 10 for reasonable 

and necessary set up and take down 

activities for Pennsylvania Avenue 

National Historic Site and Sherman 

Park. 

The NPS proposes to adjust the 

permit validity period to an amount of 

time not to exceed 30 days, plus a 

reasonable amount of time necessary for 

set-up and take down of structures 

associated with an event. The NPS will 

determine a reasonable amount of time 

for set-up and take down of structures 

based upon information provided by the 

permit applicant. If a permit application 

requests the use of structures such as 

tents or stages, the NPS would consult 

the Turf Management and Event 

Operations Guide for the Mall, Lincoln 

Memorial, Washington Monument, and 

Thomas Jefferson Memorial to assess 

potential impacts to park resources. The 

NPS could limit the amount of time a 

structure may be allowed on turf to a 

period less than maximum period 

duration, including for events presented 

by the NPS, in order to mitigate adverse 

impacts to the resources identified in 

the Guide. Upon request, the Regional 

Director could renew a permit for 

additional, consecutive periods of 30 

days or less. Permittees would be 

required to submit requests for renewals 

to the NPS at least 10 days prior to the 


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expiration of an existing permit. This 

would provide enough time for the NPS 

to check the availability of the location 

and issue the permit. Consistent with 

the applicable resource management 

policies, the NPS proposes to require 

events with structures to move to a 

different location after the expiration of 

a permit in order to mitigate impacts to 

resources such as turf and irrigation 

systems and historic and cultural vistas 

within the NCR. The NPS could require, 

in its discretion, events without 

structures to be moved to a different 

location if necessary to mitigate the 

same impacts. 

The proposed change to the maximum 

permit duration would establish a 

uniform regulatory scheme for all park 

areas subject to section 7.96. The 30 day 

permit duration period would apply to 

all events, even those that do not have 

structures. This would simplify the 

regulatory framework and provide 

greater clarity to the public about the 

duration of permits. Reducing the 

maximum permit duration period from 

four months to 30 days (plus time 

needed to setup and breakdown 

structures) would also create more 

opportunities for applicants to apply for 

certain dates and locations within the 

National Mall and Memorial Parks and 

President’s Park. The NPS expects the 

number of permit applications to 

continue to increase over time. The 

proposed change in maximum period 

duration would increase opportunities 

for a variety of groups and individuals 

to use the areas within the National 

Mall and Memorial Parks and 

President’s Park for demonstrations and 

special events. 

Section 7.96(g)(5)(vi)(D) states that 

any structures used in a demonstration 

extending beyond the maximum 

duration of a permit must be capable of 

being removed upon 24 hours notice 

and the site restored, or, the structure 

shall be secured in a fashion so as not 

to interfere unreasonably with the use of 

the park area by other permittees. The 

NPS proposes to remove this paragraph 

because it would no longer be necessary 

if the maximum permit duration period 

is revised to include time for take down 

of structures. If a structure poses a safety 

risk during a permitted event, the NPS 

would have the authority to revoke the 

portion of the permit allowing for the 

structure under paragraph (g)(6). 

12. Identify Locations Where Structures 

May Not Be Used, and Restrict the 

Height, Weight, Equipment, and 

Materials of Structures When They Are 

Permitted During Special Events and 

Demonstrations 

Significance of the Viewshed 

The NPS administers some of the 

most spectacular and historically 

significant landscapes in the country. 

Visual characteristics are often central 

to a park area’s management and visitor 

experience, and visitors consistently 

identify scenic views as major reason for 

visiting parks. The National Mall 

Historic District and the Washington 

Monument and Grounds Historic 

District are both listed in the National 

Register of Historic Places at the 

national level of significance. The 

nominations for these Districts 

emphasize how scenic views and vistas 

contribute to the significance of these 

historic properties. These include 

planned views along the principal 

north-south and east-west axes of the 

National Mall, reciprocal views between 

major memorial sites, extended views 

along contributing streets and avenues, 

multidirectional views across 

component landscapes, and periodic 

views of resources from circulation 

routes, among others. 

Pierre Charles L’Enfant developed his 

1791 plan for the city of Washington 

with keen attention to visual 

relationships among the sites he 

dedicated to public buildings and 

monuments. Nowhere was that concept 

more important than along the National 

Mall, where views west from the U.S. 

Capitol and south from the White House 

intersected at a proposed equestrian 

statue of George Washington. The 

primary vista west from the U.S. Capitol 

along L’Enfant’s ‘‘Grand Avenue’’ to the 

site for a proposed equestrian statue of 

George Washington intersected with 

views south from the White House. 

L’Enfant’s planned views also extended 

beyond the statue to the Potomac River. 

The L’Enfant Plan is itself listed in the 

National Register of Historic Places. 

The McMillan (Senate Park) 

Commission Plan of 1901–02 also 

focused on visual relationships, 

adapting L’Enfant’s visual corridor as 

the basis for their planning for the Mall 

and advancing it to take in new 

memorial sites. The McMillan 

Commission conceived of sites 

ultimately occupied by the Lincoln and 

Thomas Jefferson Memorials as the 

termination of principal views from the 

U.S. Capitol and the White House, 

respectively—creating the great cross 

axis of today’s National Mall. The 

McMillan Plan also established a 

setback for new buildings to ensure that 

views along the east-west axis remained 

unimpeded, and subsequent 

development honored the National 

Mall’s principal views. 

The construction of the Washington 

Monument itself established significant 

new views across the Mall, the city of 

Washington, and the developing region, 

and became the focus of important 

views from beyond the Mall. Other 

significant views were established as the 

landscape developed and incorporated 

into the principal view sheds or 

developed as new monuments, 

memorials, and buildings were 

constructed. 

Congress has recognized the 

significance of the viewshed within the 

National Mall and Memorial Parks and 

President’s Park. The Commemorative 

Works Act of 1986 (CWA) prohibits the 

construction of commemorative works 

within an areas designated as the 

‘‘Reserve’’ unless they are approved by 

the National Capital Memorial Advisory 

Commission. The ‘‘Reserve includes the 

great cross-axis of the National Mall, 

extending from the United States 

Capitol to the Lincoln Memorial, and 

from the White House to the Thomas 

Jefferson Memorial. In 2003, Congress 

amended the CWA and stated as one of 

its findings that the Reserve ‘‘is a 

substantially completed work of civic 

art’’ and that its integrity should be 

preserved. 

In 2018, the NPS conducted a visual 

impact analysis to assess the visual 

impacts of structures in various 

locations within the National Mall and 

Memorial Parks and President’s Park. 

The purpose of the study was to better 

understand the impact of structures 

associated with demonstrations and 

events have upon the historical and 

significant viewshed within the 

National Mall and Memorial Parks and 

President’s Park. Visual impacts were 

assessed using Geographic Information 

Systems (GIS) and were depicted in 

both map form (viewshed analysis) and 

ground-level scenes (3D visualizations) 

that included a simple block, virtual 

structure at specified locations and 

standing heights. The viewshed analysis 

was used to demonstrate on maps 

certain visitor view points from which 

a proposed structure may be seen. The 

3D visualizations simulated potential 

observable, actual surroundings with a 

proposed structure included. The goal 

of the visual impact analysis was to 

better understand how structures 

associated with demonstrations and 

special events within the National Mall 

and Memorial Parks and President’s 

Park could adversely impact the historic 

and cultural viewshed. The NPS made 


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the following key conclusions from the 

study: 

• The map analysis reinforces the 

linear (north-south and east-west) 

nature of the dominant views within 

and through the National Mall. 

• The map analysis demonstrates 

how topography and vegetation 

influence visibility. 

• There is a limited correlation 

between visual impacts and selected 

viewing points and structure points. 

• Viewable area maps reveal local 

versus broad/diffuse impacts to views. 

• Analysis reveals that structures 

close to memorials and within primary 

view corridors detract from the visitor 

experience and alter the perception of 

the historically significant 

characteristics of the landscapes of the 

National Mall and President’s Park. 

• Structures set back from major 

Memorials and substantially offset from 

primary views and vistas are less 

disruptive to the characteristics that 

make the National Mall and individual 

memorials significant. 

The study suggests that locations that 

are especially vulnerable to impacts 

from the introduction of structures 

include (1) locations in close proximity 

to major monuments and memorials; (2) 

locations directly aligned with either of 

the two primary east-west and northsouth axes; and (3) elevated and open 

locations. The study suggests that there 

are a number of potential structure 

locations that would result in only 

limited localized impacts. These 

include (1) the area south of the 

Reflecting Pool and its associated elm 

walks; (2) select locations within 

Constitution Gardens; and (3) the 

quadrants of the Ellipse outside of the 

150-foot north-south vista between the 

White House and the Thomas Jefferson 

Memorial. The proposed height 

restrictions for structures in this rule are 

based upon the NPS’s evaluation of the 

visual impact analysis and are intended 

to allow the public to use these open 

forums in a manner that mitigates 

impacts to the significant viewsheds. 

Proposed Height Restrictions 

Section 7.96(g)(5)(vi) contains 

limitations regarding the use of 

structures in connection with permitted 

demonstrations and special events. As 

discussed above, the NPS proposes to 

require a permit in order to erect 

structures, other than small lecterns or 

speakers’ platforms that would be 

allowed without a permit in most 

locations, during any demonstration or 

special event—even if those 

demonstrations would not otherwise 

require a permit because of their small 

size. 

The NPS also proposes to establish 

areas where structures would not be 

allowed and other areas where 

structures would be allowed but subject 

to maximum height restrictions. These 

proposed restrictions are based upon an 

evaluation of the visual impact analysis 

explained above. This evaluation and 

the visual impact analysis are available 

online at https://home.nps.gov/nama/ 

learn/management/index.htm. A table 

explaining the proposed restrictions and 

a map identifying the restricted areas 

are found in the proposed rule. This 

table relates solely to the use of 

structures at locations and times where 

events may be permitted under section 

7.96. Structures are not allowed at any 

location if the requested event is not 

allowed at that location. 

In addition to the restrictions in the 

table, the rule would prohibit the use of 

structures within the drip line of any 

tree located in Lafayette Park or the 

Ellipse. This restriction is a longstanding administrative practice of the 

NPS and is designed to protect the trees 

in these locations, which have cultural 

and historic value. The drip line of a 

tree indicates the outer extent of the tree 

root system. 

The Turf Resource at the National Mall 

and Memorial Parks 

On January 24, 2013, Secretary of the 

Interior Salazar issued Secretarial Order 

3326, ‘‘Management and Protection of 

the National Mall and its Historic 

Landscape.’’ Order 3326 recognizes the 

National Mall as one of the most 

important landscapes in the United 

States and acknowledges that it 

experiences extreme and increasing 

levels of use. The Order sets forth a 

strategy for maintaining sustainable use 

of the National Mall in lights of the 

volume of requests to use this area. Part 

of this strategy prioritizes (1) increasing 

non-turf areas to better accommodate 

the use of temporary structures for 

appropriate permitted activities; (2) 

developing a professional turf 

management staff to identify and 

implement best practices for turf 

management and to develop permits 

that take those turf management 

concerns into consideration; and (3) 

updating permit conditions to require 

the use of best practices that ensure 

resource protection by addressing 

permit conditions for the expected level 

of attendance, duration of events, use of 

turf areas, the size and layout of 

temporary structures, and the location 

of structures on durable non-turf areas. 

As part of the NPS’s implementation 

of the Order, the NPS completed a Turf 

Management and Event Operations 

Guide for the Mall, Lincoln Memorial, 

Washington Monument, and Thomas 

Jefferson Memorial in 2015. This Guide 

is used by the NPS when it considers 

the potential impacts of tents or 

temporary structures on turf areas 

within the National Mall and Memorial 

Parks. The Guide identifies non-turf 

areas such as walkways and hardscape 

panels as the preferred location for 

events of all types, particularly events 

using structures. The Guide allows the 

NPS to permit structures on turf panels, 

but subject to limitations stated in the 

Guide to protect the turf and promote 

public safety. Limitations include 

restrictions about duration, weight, 

equipment (e.g. stakes), and materials 

used for structures. The NPS consults 

the Guide and implements appropriate 

limitations on structures in the 

conditions of a permit. 

Existing NPS regulations in section 

7.96(g)(5)(vi)(C) allow the Regional 

Director to impose reasonable 

restrictions upon the use of temporary 

structures in the interest of protecting 

the park areas involved, traffic and 

public safety considerations, and other 

legitimate park value concerns. In order 

to provide more clarity to the public 

about the types of restrictions that may 

be imposed, the proposed rule would 

state that these restrictions may include 

permit conditions regarding structures 

that are consistent with the turf 

management and event operations 

guidance related to duration, weight, 

equipment, and materials used. 

13. Apply Existing Sign Restrictions (e.g. 

Supports, Dimensions) in President’s 

Park to Other Locations Within the 

National Mall and Memorial Parks and 

President’s Park 

Sections 7.96(g)(5)(vii) and (ix) 

contain restrictions on the use of signs 

or placards on the White House 

Sidewalk and in Lafayette Park. These 

restrictions promote public safety, help 

secure sensitive locations, and mitigate 

adverse impacts to cultural and 

historical resources. The NPS proposes 

to apply these restrictions to events that 

plan to move from any location that is 

subject to the regulations in this section 

7.96 to the White House Sidewalk or 

Lafayette Park, and events that plan to 

move or do in fact move from the White 

House Sidewalk or Lafayette Park to 

another location that is subject to the 

regulations in this section 7.96, even 

when those events are located outside of 

the White House Sidewalk or Lafayette 

Park. Applying these restrictions 

outside of the White House sidewalk 

and Lafayette Park in these 

circumstances would create a more 

uniform regulatory scheme for the 

public that will promote public safety 


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and simplify event planning. People 

participating in demonstrations often 

begin in one park area where their signs 

are compliant with existing regulations 

and then move onto the White House 

sidewalk or into Lafayette Park where 

their signs are no longer compliant. This 

often results in negative interactions 

with law enforcement, who are then 

required to enforce regulations that were 

not applicable earlier in the event. 

These restrictions would apply to all 

groups participating in a demonstration 

or special event, including those who 

are not required to obtain a permit based 

upon their group size and/or location. 

14. Minor Changes to 36 CFR 7.96 

This rule would make a minor change 

to paragraph (e) in Section 7.96 to 

clarify the circumstances under which 

bathing, swimming, or wading is 

allowed. This provision clarifies that 

bathing, swimming, or wading in any 

fountain, pool, the Tidal Basin, the 

Chesapeake and Ohio Canal, Rock 

Creek, or Constitution Gardens Pond is 

prohibited except where officially 

authorized or for the purpose of saving 

a drowning person. This rule would 

replace all references to the ‘‘Jefferson 

Memorial’’ in section 7.96 with the 

phrase ‘‘Thomas Jefferson Memorial’’ 

which is the actual name of the 

memorial. This rule would reorganize 

the defined terms in section 7.96(g)(1) in 

alphabetical order and remove the 

paragraph designations (i) through (x), 

in conformance with the Federal 

Register Document Drafting Handbook. 

Compliance With Other Laws, 

Executive Orders, and Department 

Policy 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs in the Office of Management and 

Budget (OMB) 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 E.O. 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. It 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. 

E.O. 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. 

Reducing Regulation and Controlling 

Regulatory Costs (Executive Order 

13771) 

This rule is not an E.O. 13771 

regulatory action because this rule is not 

significant under Executive Order 

12866. 

Regulatory Flexibility Act (RFA) 

This rule will not have a significant 

economic effect on a substantial number 

of small entities under the RFA (5 

U.S.C. 601 et seq.). This certification is 

based on information contained in a 

report entitled ‘‘Cost-Benefit and 

Regulatory Flexibility Analyses: Special 

Regulations, Areas of the National Park 

System, National Capital Region, 

Special Events and Demonstrations’’ 

that is available online at https://

home.nps.gov/nama/learn/ 

management/index.htm. 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

This rule is not a major rule under 5 

U.S.C. 804(2) of the SBREFA. This rule: 

(a) Does not have an annual effect on 

the economy of $100 million or more. 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

(c) Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

Unfunded Mandates Reform Act 

(UMRA) 

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. The 

rule does not have a significant or 

unique effect on state, local, or tribal 

governments or the private sector. This 

rule will not result in direct expenditure 

by State, local, or tribal governments. 

This rule addresses public use of NPS 

lands, and imposes no requirements on 

other agencies or governments. A 

statement containing the information 

required by the UMRA (2 U.S.C. 1531 et 

seq.) is not required. 

Takings (Executive Order 12630) 

This rule does not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630. This rule does not regulate 

uses of private property. 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. This rule only affects use of 

NPS-administered lands and imposes no 

requirements on other agencies or 

governments. 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 and Department 

Policy) 

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 

criteria in Executive Order 13175 and 

under the Department’s tribal 

consultation policy and have 

determined that tribal consultation is 

not required because the rule will have 

no substantial direct effect on federally 

recognized Indian tribes. 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.) 

This rule does not contain any new 

collections of information that require 

approval by the Office of Management 

and Budget (OMB) under the Paperwork 

Reduction Act. OMB has approved the 

information collection requirements 

associated with NPS Special Park Use 

Permits and has assigned OMB Control 

Number 1024–0021 (expires 08/31/20). 

An agency may not conduct or sponsor 

and a person is not required to respond 

to a collection of information unless it 

displays a currently valid OMB control 

number. 


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National Environmental Policy Act of 

1969 (NEPA) 

The NPS does not expect this rule to 

constitute a major Federal action 

significantly affecting the quality of the 

human environment. The NPS does not 

expect that a detailed statement under 

the NEPA would be required because 

the rule would likely be covered by a 

categorical exclusion. Categorical 

exclusion A.8 of Section 3.3 of the 

National Park Service NEPA Handbook 

(2015) would likely apply because the 

rule would modify an existing 

regulation in a manner that does not 

‘‘increase public use to the extent of 

compromising the nature and character 

of the area or causing physical damage 

to it, introduce non-compatible uses that 

might compromise the nature and 

characteristics of the area or cause 

physical damage to it, conflict with 

adjacent ownerships or land uses, or 

cause a nuisance to adjacent owners or 

occupants.’’ The NPS also expects that 

the rule would not involve any of the 

extraordinary circumstances listed in 43 

CFR 46.215 that would require further 

analysis under NEPA. 

Effects on the Energy Supply (Executive 

Order 13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211. A Statement of Energy 

Effects is not required. 

Clarity of This Rule 

We are required by Executive Orders 

12866 and 12988, and by the 

Presidential Memorandum of June 1, 

1998, to write all rules in plain 

language. This means that each rule we 

publish must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use clear language rather than 

jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the ADDRESSES

section. To better help us revise the 

rule, your comments should be as 

specific as possible. For example, you 

should tell us the numbers of the 

sections or paragraphs that are unclearly 

written, which sections or sentences are 

too long, the sections where you feel 

lists or tables would be useful, etc. 

List of Subjects in 36 CFR Part 7 

District of Columbia, National parks, 

Reporting and recordkeeping 

requirements. 

In consideration of the foregoing, the 

National Park Service proposes to 

amend 36 CFR part 7 as follows: 

PART 7—SPECIAL REGULATIONS, 

AREAS OF THE NATIONAL PARK 

SYSTEM 

■ 1. The authority citation for part 7 

continues to read as follows: 

Authority: 54 U.S.C. 100101, 100751, 

320102; Sec. 7.96 also issued under D.C. 

Code 10–137 and D.C. Code 50–2201.07. 

■ 2. Amend § 7.96 by: 

■ a. Removing the phrase ‘‘Jefferson 

Memorial’’ where it appears and adding, 

in its place, the phrase ‘‘Thomas 

Jefferson Memorial’’. 

■ b. Revising paragraphs (a), (e), and 

(g)(1), (g)(2) introductory text, (g)(3) 

introductory text, (g)(3)(i), (g)(3)(ii) 

introductory text, (g)(3)(ii)(A) through 

C), (g)(3)(ii)(E) through (H), (g)(4)(i), 

(g)(4)(iv). 

■ c. Removing and reserving paragraph 

(g)(4)(v). 

■ d. Revising paragraphs (g)(4)(vi), 

(g)(4)(vii) introductory text, (g)(4)(vii)(A) 

and (B), (g)(5), and (g)(6). 

The revisions to read as follows: 

§ 7.96 National Capital Region. 

(a) Applicability of regulations. (1) 

This section applies to all park areas 

administered by the National Park 

Service located in the District of 

Columbia, the portion of the George 

Washington Memorial Parkway located 

in the Commonwealth of Virginia, the 

portion of the National Capital ParksEast located in the State of Maryland, 

the portion of Chesapeake and Ohio 

Canal National Historical Park located 

in Montgomery County, and to other 

federal reservations in the environs of 

the District of Columbia, policed with 

the approval or concurrence of the head 

of the agency having jurisdiction or 

control over such reservations, pursuant 

to the provisions of the act of March 17, 

1948 (62 Stat. 81). 

(2) Paragraph (e) of this section also 

applies to the portion of Chesapeake 

and Ohio Canal National Historical Park 

located in Maryland outside of 

Montgomery County. 

* * * * * 

(e) Bathing, Swimming, Wading—(1) 

Bathing, swimming, or wading in the 

following locations, except where 

officially authorized or for the purpose 

of saving a drowning person, is 

prohibited: Any fountain or pool, the 

Tidal Basin, the Chesapeake and Ohio 

Canal, Rock Creek, and Constitution 

Gardens Pond. 

(2) Entering the Potomac River, the 

Anacostia River, the Washington 

Channel, or the Georgetown Channel 

from any park area identified in 

paragraph (a) of this section, except for 

the purpose of saving a drowning 

person, is prohibited. 

* * * * * 

(g) Demonstrations and special 

events—(1) Definitions. 

Attended means that a responsible 

individual remains within three feet of 

an object. 

Demonstration has the meaning given 

in § 2.51(a) of this chapter. 

Ellipse means the park areas, 

including sidewalks adjacent thereto, 

within these bounds: On the south, 

Constitution Avenue NW; on the north, 

E Street NW; on the west, 17th Street 

NW; and on the east, 15th Street NW. 

Event means a demonstration or 

special event, including events 

presented by the National Park Service. 

This term does not include casual park 

use by visitors or tourists that is not 

reasonably likely to attract a crowd or 

onlookers. 

Korean War Veterans Memorial means 

the area within the plaza’s exterior 

sidewalks. 

Lafayette Park means the park areas, 

including sidewalks adjacent thereto, 

within these bounds: On the south, 

Pennsylvania Avenue NW; on the north, 

H Street NW; on the east, Madison Place 

NW; and on the west, Jackson Place 

NW. 

Lincoln Memorial means that portion 

of the park area which is on the same 

level or above the base of the large 

marble columns surrounding the 

structure, and the single series of marble 

stairs immediately adjacent to and 

below that level. 

Martin Luther King, Jr. Memorial 

means most of the interior plaza facing 

the Inscription Wall, Mountain of 

Despair and Stone of Hope. 

National celebration event means an 

annual recurring special event regularly 

scheduled by the National Capital 

Region, which are listed in paragraph 

(g)(4)(ii) of this section. 

Other park areas means all areas, 

including sidewalks adjacent thereto, 

other than the White House area, 

administered by the National Capital 

Region. 

Regional Director means the official in 

charge of the National Capital Region, 

National Park Service, U.S. Department 

of the Interior, or an authorized 

representative thereof. 

Special event means the activities 

listed in section 2.50(a) of this chapter 

before the text ‘‘are allowed . . . ’’. 

Structure means: 

(i) Except as discussed in paragraph 

(ii) of this definition, a structure is any 

object that is not intended to be carried 


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by permittees including, but not limited 

to: 

(A) Props and displays, such as 

coffins, crates, crosses, theaters, cages, 

and statues; 

(B) Furniture and furnishings, such as 

desks, chairs, tables, bookcases, 

cabinets, platforms, podiums, and 

lecterns; 

(C) Shelters, such as tents, boxes, 

trailers, and other enclosures; 

(D) Wagons and carts; 

(E) Jumbotrons, light towers, delay 

towers, portable restrooms, mobile 

stages; and 

(F) All other similar types of property 

that may tend to harm park resources, 

including aesthetic interests. 

(ii) It does not include hand-carried 

signs; bicycles, baby carriages and baby 

strollers lawfully in a park area that are 

temporarily placed in, or are being 

moved across, the park area, and that 

are attended at all times while in the 

park area; and wheelchairs and other 

devices in use by individuals with a 

disability. 

Thomas Jefferson Memorial means the 

circular portion of the Thomas Jefferson 

Memorial enclosed by the outermost 

series of columns, and all portions on 

the same levels or above the base of 

these columns. 

Vietnam Veterans Memorial means 

the East and West Walls, Three 

Servicemen Statue, Vietnam Veterans 

Women’s Memorial, Agent Orange 

Plaque and adjacent areas extending to 

and bounded by the furthermost curved 

pedestrian walkways on the north, west, 

and south, and a line drawn 

perpendicular to Constitution Avenue 

one hundred seventy-five (175) feet 

from the east tip of the memorial wall 

on the east (this is also a line extended 

from the east side of the western 

concrete border of the steps to the west 

of the center steps to the Federal 

Reserve Building extending to the 

Reflecting Pool walkway). 

Washington Monument and Plaza 

means the granite plaza from the circle 

of flags to the Monument and its 

interior. 

White House area means all park 

areas, including sidewalks adjacent 

thereto, within these bounds; on the 

south, Constitution Avenue NW; on the 

north, H Street NW; on the east, 15th 

Street, NW; and on the west, 17th Street 

NW. 

White House sidewalk means the 

south sidewalk of Pennsylvania Avenue 

NW, between East and West Executive 

Avenues NW. 

World War II Memorial Freedom Wall 

Plaza means the area from the Field of 

Stars to the Rainbow Pool. 

(2) Permit requirements. Events may 

be held only pursuant to a permit issued 

in accordance with the provisions of 

this section. The following exceptions 

apply unless the demonstration involves 

the use of a structure, other than small 

lecterns or speakers’ platforms that are 

no larger than three (3) feet in length, 

three (3) feet in width, and three (3) feet 

in height, in which case a permit is 

required: 

* * * * * 

(3) Permit applications. Permit 

applications may be obtained at the 

Division of Permits Management, 

National Mall and Memorial Parks, or 

online at www.nps.gov/nama. 

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 Permits 

Management at least 48 business hours 

in advance of any proposed event. 

Notwithstanding the 48-business hours 

requirement, the Regional Director will 

reasonably seek to accommodate 

spontaneous demonstrations, subject to 

all limitations and restrictions 

applicable to the requested location, 

provided such demonstrations do not 

include structures and provided the 

NPS has the resources and personnel 

available to manage the activity. The 

Regional Director will accept permit 

applications only during the hours of 8 

a.m.–4 p.m., Monday through Friday, 

holidays excepted. 

(i) White House area. No permit may 

be issued authorizing demonstrations in 

the White House area, except for 

locations at the White House sidewalk, 

Lafayette Park and the Ellipse that are 

not closed to public access under 

paragraphs (g)(3)(i)(A)–(D) of this 

section. No permit may be issued 

authorizing special events, except for 

locations at the Ellipse and except for 

annual commemorative wreath-laying 

ceremonies relating to the statues in 

Lafayette Park that are not closed to 

public access under paragraphs 

(g)(3)(i)(A)–(D) of this section. 

(A) Public access is not allowed on 

the north and east exterior portions of 

First Division Memorial Park, including 

West Executive Avenue and State Place 

NW with adjacent roadways and 

sidewalks: from northwest corner of 

State Place and 17th Street NW; to 

include all areas of West Executive 

Avenue along the South fence Line of 

the White House Complex and across E 

Street, NW; to include the south 

sidewalk adjacent to the First Division 

Memorial Park; and all of E Street NW, 

from 17th Street NW east to the 

pedestrian walkway through First 

Division Memorial Park, except that the 

pedestrian walkway through First 

Division Memorial Park and the north 

sidewalk of E Street NW to the west 

pedestrian crosswalk on E Street NW 

will be accessible to pedestrians, unless 

protective measures or special events 

dictate otherwise. 

(B) Public access is not allowed on the 

north, south, and west exterior portions 

of the William T. Sherman Monument 

and Park, including East Executive 

Avenue and Alexander Hamilton Place 

NW, with adjacent roadways and 

sidewalks: From northeast corner of the 

park at Alexander Hamilton Place and 

15th Street NW, running west on 

Alexander Hamilton Place NW to East 

Executive Avenue NW; to include all of 

Alexander Hamilton Place NW with 

adjacent north and south sidewalks; 

from southwest corner of E Street NW 

and East Executive Avenue NW running 

to the corner of E and 15th Streets NW; 

to include all of E Street NW, with the 

adjacent north sidewalk; from northwest 

comer of the park at Alexander 

Hamilton Place and East Executive 

Avenue NW running to the southwest 

comer of East Executive Avenue NW 

and across E Street NW; this includes all 

areas of East Executive Avenue along 

the south fence line and across E Street 

to the east pedestrian crosswalk. 

Notwithstanding the preceding closures, 

the center monument area and the sole 

pedestrian walkway between the 

northeast and southwest corners of the 

park and the north sidewalk of E Street 

NW to the east pedestrian crosswalk on 

E Street NW will be accessible to the 

public from 7:00 a.m. to 7:00 p.m., 

unless protective measures or special 

events dictate otherwise. 

(C) Public access is not allowed on E 

Street NW from the west crosswalk just 

east of West Executive Avenue NW to 

the east crosswalk just west East 

Executive Avenue NW, including the 

sidewalk and all areas adjacent to the 

South Fence Line of the White House 

Complex. 

(D) Public access is not allowed on 

the south sidewalk of Pennsylvania 

Avenue NW, adjacent to the North 

Fence Line of the White House 

Complex, from the security post located 

just north of West Executive Avenue 

NW to the security post located just 

north of East Executive Avenue NW. 

The area of sidewalk to be closed shall 

consist of a twenty (20′) foot portion of 

the sidewalk, extending out from the 

North Fence Line, leaving a five (5′) foot 

portion of the sidewalk for pedestrian 

access. 

(E) The closures described in 

paragraphs (g)(3)(i)(A)–(D) of this 

section are identified in the following 


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40476 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Proposed Rules 

map and as further delineated with 

fencing in the park areas themselves. 

Exceptions for the pedestrian walkway 

at First Division Memorial Park and the 

center monument area and pedestrian 

walkway at William T. Sherman 

Monument and Park are not displayed 

in the map because they are subject to 

closure at any time for protective 

measures or special events. 

BILLING CODE 4312–52–P 

(ii) Other park areas. Events are not 

allowed in the following other park 

areas: 

(A) The Washington Monument and 

Plaza, except for the official annual 

commemorative Washington birthday 

ceremony. 

(B) The Lincoln Memorial, except for 

the official annual commemorative 

Lincoln birthday ceremony. 

(C) The Thomas Jefferson Memorial, 

except for the official annual 

commemorative Thomas Jefferson 

birthday ceremony. 

* * * * * 

(E) The World War II Memorial 

Freedom Wall Plaza, except for official 

annual commemorative ceremonies on 

Memorial Day, Veterans Day, Pearl 

Harbor Day, Victory over Europe Day, 

and Victory over Japan Day. 

(F) The Korean War Veterans 

Memorial, except for official annual 

commemorative ceremonies on 

Memorial Day, Veterans Day, Invasion 

Day, and Armistice Day. 

(G) The Martin Luther King Jr. 

Memorial, except for the Forecourt area 

and except for official annual 

commemorative ceremonies for Dr. 

King’s birthday and death, and the 

March On Washington for Jobs and 

Freedom. 

(H) Maps of the restricted areas 

designated in this paragraph (g)(3)(ii) of 

this section are as follows. The 

diagonal-lined portions of the maps 

show the areas where events are 

prohibited unless specifically excepted 

by this rule. 


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VIETNAM VETERANS 

MEMORIAL 
Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Proposed Rules 40479 


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WORLD WAR II 

!MEMORIAL 

l ~ 

l' 

KOREAN WAR 

VETERANS MEMORIAL 
40480 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Proposed Rules 

BILLING CODE 4312–52–C 

(4) Permit processing. (i) NPS 

processes permit applications for events 

in order of receipt, subject to the 

exceptions for priority use in paragraphs 

(g)(4)(ii) and (iii) of this section. The use 

of a particular area is allocated in order 

of receipt of the permit application. NPS 

will not accept applications more than 

one year in advance of a proposed event 

(including set-up time, if any). NPS will 

categorize permit applications in one of 

three ways: Approved, Provisionally 

Reserved, or Denied. Permit 

applications for demonstrations that are 

not acted on in the manner described 

above within three business days from 

the date of receipt by the NPS are 

approved, except those seeking waiver 

of numerical limitations applicable to 

Lafayette Park (paragraph (g)(5)(ii) of 

this section). NPS will consider an 

application to be received if it contains 

the following basic information about 

the proposed event: Location, purpose 

and plan for the event, time and date, 

estimated number of participants, and 

contact information. For purposes of 

this paragraph, NPS will have acted 

upon a permit application as of the time 

and date an electronic communication 

is sent to the applicant. 

(A) Approved permit applications. If 

the NPS is able to accommodate the 

requested event without receiving 

additional information, it will notify the 

applicant that the application is 

approved. Within a reasonable time 

after the initial notice of approval, the 

NPS will send a permit to the applicant 

for the requested event. The permit may 

contain conditions reasonably 

consistent with the requirements of 

public health and safety, protection of 

park resources, and the use of the park 

area. The permit may also contain 

reasonable limitations on the structures 

and equipment used and the time and 

area where the event is allowed. The 

NPS may revoke a permit only for the 

reasons stated in paragraph (g)(6) of this 

section. 

(B) Provisionally reserved permit 

applications. The NPS may notify the 

applicant that the NPS has reserved the 

requested location, date, and time, but 

that it will not approve the application 

and issue a permit until it receives 

additional information. During this 

approval stage, the NPS will work 

diligently to resolve all outstanding 

questions in order to determine whether 

the request can be approved or denied. 

If the NPS receives an application more 

than 60 days prior to the requested 

event, the NPS will provide the 

applicant with an initial, 

comprehensive list of outstanding issues 

and requested information no later than 

40 days prior to the requested event. 

The NPS will make all reasonable efforts 

to approve or deny a permit application 

at least 30 days in advance of a 

requested event. Permit applicants must 

provide the NPS with all requested 

information before the NPS will approve 

or deny an application. 

(C) Denied permit application. The 

NPS will notify the applicant in writing 

if it is unable to accommodate the 

requested event. This notice will state 

that the applicant may inform the NPS 

that it would consider modifying its 

application for the requested event. If 

the NPS receives notice from the 

applicant that it is willing to modify its 

application, the NPS will work with the 

applicant to modify the application in a 

manner that it could be approved or 

provisionally reserved. If the applicant 

and the NPS cannot agree on 

modifications to the application that 

would allow it to be approved or 

provisionally reserved, or if the 

applicant does not inform the NPS that 

it is willing to modify its application 

with enough advance notice prior to the 

event, then the NPS will notify the 

applicant in writing that the application 

has been denied. 

* * * * * 

(iv) Other events are permitted in park 

areas under permit for the National 

Celebration Events listed in paragraph 

(g)(4)(ii) of this section to the extent that 


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they do not significantly interfere with 

the National Celebration Events. 

(v) [Reserved] 

(vi) The Regional Director may issue 

permits for a maximum duration of 30 

days. For an event that includes 

structures, the Regional Director may 

extend the maximum permit duration 

by an amount of time that may be 

needed for setup and breakdown of the 

structures. Upon request, the Regional 

Director may renew a permit for 

additional, consecutive periods of 30 

days or less. Requests for renewals must 

be submitted to the NPS at least 10 days 

prior to the expiration of an existing 

permit. The Regional Director may deny 

a request for a permit renewal if another 

applicant has requested use of the same 

location and the location cannot 

reasonably accommodate multiple 

occupancy. As a condition of renewing 

a permit, the Regional Director shall 

require events with structures to move 

to a different location. The Regional 

Director may require events without 

structures to be moved to a different 

location if necessary to protect park 

resources and values. 

(vii) A permit for an event may be 

denied in writing by the Regional 

Director upon the following grounds: 

(A) A fully executed prior application 

for the same time and place has been 

received, and a permit has been or will 

be granted authorizing activities which 

do not reasonably permit multiple 

occupancy of the particular area. 

(B) The proposed event will present a 

clear and present danger to the public 

health and safety. 

* * * * * 

(5) Permit limitations. The issuance of 

a permit is subject to the following 

limitations: 

(i) The Regional Director may restrict 

events on weekdays (except holidays) 

between the hours of 7:00 to 9:30 a.m. 

and 4:00 to 6:30 p.m. if it reasonably 

appears necessary to avoid unreasonable 

interference with rush-hour traffic. 

(ii) Special events are not permitted 

unless approved by the Regional 

Director. In determining whether to 

approve a proposed special event, the 

Regional Director will consider and base 

the determination upon the criteria in 

§ 2.50(a)(1)–(6) of this chapter and the 

following criteria: 

(A) Whether the objectives and 

purposes of the proposed special event 

relate to and are within the basic 

mission and responsibilities of the 

National Capital Region, National Park 

Service. 

(B) Whether the park area requested is 

reasonably suited in terms of 

accessibility, size, and nature of the 

proposed special event. 

(iii) Prior notice must be provided to 

the Regional Director before erecting 

any structure. Structures are allowed in 

connection with permitted events for 

the purpose of symbolizing a message or 

meeting logistical needs such as first aid 

facilities, lost children areas, or the 

provision of shelter for electrical and 

other sensitive equipment or displays, 

provided that: 

(A) Structures are subject to the 

restrictions listed in the table below. 

Maps of the restricted areas follow the 

table. 

STRUCTURE RESTRICTIONS

Map area Location Restriction Exceptions 

A ................... Lincoln Memorial ...................................... Structures are prohibited ......................... Podiums, tables, chairs, lighting and 

sound equipment. 

B ................... Elm Trees Panels—3rd Street to 14th 

Street.

Structures are prohibited ......................... None. 

C ................... Reflecting Pool and Walks on North and 

South.

Structures are prohibited ......................... Telecommunications equipment. 

D ................... Constitution Gardens—West ................... Structures may not exceed 15 feet in 

height.

None. 

E ................... Constitution Gardens—East .................... Structures may not exceed 30 feet in 

height and may not disrupt the 

viewshed from Virginia Ave NW to the 

Washington Monument.

None. 

F ................... World War II Memorial ............................. Structures are prohibited ......................... Podiums, tables, chairs, sound equipment, and shade tents. 

G ................... JFK Hockey Fields ................................... Structures may not exceed 45 feet in 

height.

None. 

H ................... Ellipse ...................................................... Structures may not exceed 30 feet in 

height.

Stages, bleachers, and telecommunications equipment during the National 

Christmas Tree Lighting Ceremony 

may exceed 30 feet in height. 

I .................... Washington Monument—Security Perimeter.Structures are prohibited ......................... None. 

J .................... Washington Monument Grounds—Central Panel West.Structures are prohibited ......................... None. 

K ................... Washington Monument Grounds—Northwest and Northeast Corners.Structures may not exceed 30 feet in 

height.

None. 

L ................... Washington Monument Grounds—First 

Tier Outside Restricted Area.

Structures may not exceed 20 feet in 

height.

None. 

M .................. North-South 150-foot-wide Corridor ........ Structures are prohibited ......................... None. 

N ................... East of Washington Monument 

Grounds—Central East.

Structures may not exceed 20 feet in 

height.

None. 

O ................... National Mall—3rd St. to 14th St. and 

Hardscape Between Elm Tree Panels.

Structures may not exceed 30 feet in 

height.

No height restriction for telecommunications equipment. 

P ................... Thomas Jefferson Memorial .................... Structures are prohibited ......................... Podiums, chairs, and sound equipment. 

Q ................... Thomas Jefferson Memorial—East and 

West Precincts.

Structures may not exceed 30 feet in 

height.

None. 

R ................... Tidal Basin ............................................... Structures may not exceed 20 feet in 

height.

None. 


daltland on DSKBBV9HB2PROD with PROPOSALS
40482 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Proposed Rules 

STRUCTURE RESTRICTIONS—Continued 

Map area Location Restriction Exceptions 

S ................... Independence Ave. Staging Area ............ Structures may not exceed 30 feet in 

height.

None. 

T ................... Virginia Ave. (View to Washington Monument).Structures are prohibited ......................... None. 

U ................... Polo Fields—near Ohio Drive .................. Structures may not exceed 40 feet in 

height.

None. 

V ................... Polo Fields—near West Basin Drive ....... Structures may not exceed 30 feet in 

height.

None. 

W .................. Ohio Drive—Ballfields between West 

Basin Drive and Inlet Bridge.

Structures may not exceed 30 feet in 

height.

None. 

X ................... Ohio Drive—Ballfield near National Mall 

and Memorial Park Headquarters.

Structures may not exceed 45 feet in 

height.

None. 

Y ................... Recreation Field South of Washington 

Monument; West of Holocaust Museum.

Structures may not exceed 35 feet in 

height.

None. 

Z ................... Hains Point—Southernmost Point within 

East Potomac Park.

Structures may not exceed 45 feet in 

height.

None. 


daltland on DSKBBV9HB2PROD with PROPOSALSEP15AU18.011</GPH>
Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Proposed Rules 40483 

(B) All such structures shall be 

erected in such a manner so as not to 

harm park resources unreasonably and 

shall be removed as soon as practicable 

after the conclusion of the permitted 

event. 

(C) The Regional Director may impose 

reasonable restrictions upon the use of 

structures in the interest of protecting 

the park areas involved, traffic and 

public safety considerations, and other 

legitimate park value concerns. These 

restrictions may include limitations 

consistent with turf management and 

event operations guidance related to 

duration, weight, equipment, and 

materials used. 

(D) Structures may not be used 

outside designated camping areas for 

living accommodation activities such as 

sleeping, or making preparations to 

sleep (including the laying down of 

bedding for the purpose of sleeping), or 

storing personal belongings, or making 

any fire, or doing any digging or earth 

breaking or carrying on cooking 

activities. The above-listed activities 

constitute camping when it reasonably 

appears, in light of all the 

circumstances, that the participants, in 

conducting these activities, are in fact 

using the area as a living 

accommodation regardless of the intent 

of the participants or the nature of any 

other activities in which they may also 

be engaging. 

(E) Individuals or groups of 25 

persons or fewer demonstrating under 

the small group permit exception of 

paragraph (g)(2)(i) of this section, or 

individuals or groups demonstrating 

under the large group permit exceptions 

at the five parks designated in paragraph 

(g)(2)(ii) of this section, are not allowed 

to use structures other than small 

lecterns or speakers’ platforms, except 

for Lafayette Park (where only speakers’ 

platforms are allowed in accordance 

with a permit) and the White House 

Sidewalk (where no structures are 

allowed). This provision does not 

restrict the use of portable signs or 

banners or preclude such individuals or 

groups from obtaining a permit in order 

to erect structures. 

(F) Structures are not permitted 

within the drip line of trees located 

within the White House area. 

(iv) Sound amplification equipment is 

allowed in connection with permitted 

demonstrations or special events, 

provided prior notice has been given to 

the Regional Director, except that the 

Regional Director reserves the right to 

limit the sound amplification 

equipment so that it will not 

unreasonably disturb nonparticipating 

persons in, or in the vicinity of, the area. 


daltland on DSKBBV9HB2PROD with PROPOSALSEP15AU18.012</GPH>
40484 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Proposed Rules 

(v) Events that plan to move from any 

location that is subject to the regulations 

in this section 7.96 to the White House 

Sidewalk or Lafayette Park, and events 

that plan to move from the White House 

Sidewalk or Lafayette Park to another 

location that is subject to the regulations 

in this section 7.96, must comply with 

the restrictions on signs placards set 

forth in paragraphs (g)(5)(ix)(C) and 

(g)(5)(x)(C) of this section for the 

duration of the event, even when it is 

located outside of the White House 

Sidewalk or Lafayette Park. 

(vi) A permit may contain additional 

reasonable conditions and additional 

time limitations, consistent with this 

section, in the interest of protecting park 

resources, the use of nearby areas by 

other persons, and other legitimate park 

value concerns. 

(vii) A permit issued under this 

section does not authorize activities 

outside of areas administered by the 

National Park Service. Applicants may 

also be required to obtain a permit from 

the District of Columbia or other 

appropriate governmental entity for 

demonstrations or special events sought 

to be conducted either wholly or in part 

in areas not administered by the 

National Park Service. 

(viii) The activities contemplated for 

the proposed event must conform with 

all applicable laws and regulations. 

(ix) In addition to the general 

limitations in this paragraph (g)(5), the 

following restrictions apply to the White 

House Sidewalk: 

(A) No more than 750 persons are 

permitted to conduct a demonstration 

on the White House sidewalk at any one 

time. The Regional Director may waive 

the 750 person limitation for the White 

House Sidewalk upon a showing by the 

applicant that good faith efforts will be 

made to plan and marshal the 

demonstration in such a fashion so as to 

render unlikely any substantial risk of 

unreasonable disruption or violence. In 

making a waiver determination, the 

Regional Director shall consider and the 

applicant shall furnish at least ten days 

in advance of the proposed 

demonstration, the functions the 

marshals will perform, the means by 

which they will be identified, and their 

method of communication with each 

other and the crowd. This requirement 

will be satisfied by completion and 

submission of the same form referred to 

in paragraph (g)(3) of this section. 

(B) Structures are not permitted. 

(C) No signs or placards shall be 

permitted on the White House sidewalk 

except those made of cardboard, 

posterboard or cloth having dimensions 

no greater than three feet in width, 

twenty feet in length, and one-quarter 

inch in thickness. No supports shall be 

permitted for signs or placards except 

those made of wood having crosssectional dimensions no greater than 

three-quarter of an inch by three-quarter 

of an inch. Stationary signs or placards 

shall be no closer than three feet from 

the White House sidewalk fence. All 

signs and placards shall be attended at 

all times that they remain on the White 

House sidewalk. Signs or placards shall 

be considered to be attended only when 

they are in physical contact with a 

person. No signs or placards shall be 

tied, fastened, or otherwise attached to 

or leaned against the White House 

fence, lamp posts or other structures on 

the White House sidewalk. No signs or 

placards shall be held, placed or set 

down on the center portion of the White 

House sidewalk, comprising ten yards 

on either side of the center point on the 

sidewalk; Provided, however, that 

individuals may demonstrate while 

carrying signs on that portion of the 

sidewalk if they continue to move along 

the sidewalk. 

(D) No parcel, container, package, 

bundle or other property shall be placed 

or stored on the White House sidewalk 

or on the west sidewalk of East 

Executive Avenue NW, between 

Pennsylvania Avenue NW, and E Street 

NW, or on the north sidewalk of E Street 

NW, between East and West Executive 

Avenues NW; Provided, however, that 

such property, except structures, may be 

momentarily placed or set down in the 

immediate presence of the owner on 

those sidewalks. 

(E) Sound amplification equipment 

may not be used on the White House 

sidewalk, other than hand-portable 

sound amplification equipment which 

the Regional Director determines is 

necessary for crowd-control purposes. 

(x) In addition to the general 

limitations in this paragraph (g)(5), the 

following restrictions apply to Lafayette 

Park: 

(A) No more than 3,000 persons are 

permitted to conduct a demonstration in 

Lafayette Park at any one time. The 

Regional Director may waive the 3,000 

person limitation for Lafayette Park 

upon a showing by the applicant that 

good faith efforts will be made to plan 

and marshal the demonstration in such 

a fashion so as to render unlikely any 

substantial risk of unreasonable 

disruption or violence. In making a 

waiver determination, the Regional 

Director shall consider and the 

applicant shall furnish at least ten days 

in advance of the proposed 

demonstration, the functions the 

marshals will perform, the means by 

which they will be identified, and their 

method of communication with each 

other and the crowd. This requirement 

will be satisfied by completion and 

submission of the same form referred to 

in paragraph (g)(3) of this section. 

(B) The erection, placement or use of 

structures of any kind are prohibited 

except for the following: 

(1) When one hundred (100) or more 

persons are participating in a 

demonstration in the Park, a speakers’ 

platform as is reasonably required to 

serve the demonstration participants is 

allowed as long as such platform is 

being erected, dismantled or used, 

provided that only one speakers’ 

platform is allowed per demonstrating 

group, and provided further that such 

speakers’ platform is authorized by a 

permit issued pursuant to paragraph (g) 

of this section. 

(2) When less than one hundred (100) 

persons are participating in a 

demonstration in the Park, a ‘‘soapbox’’ 

speakers’ platform is allowed as long as 

such platform is being erected, 

dismantled or used, providing that only 

one speakers’ platform is allowed per 

demonstrating group, and provided 

further that the speakers’ platform is no 

larger than three (3) feet in length, three 

(3) feet in width, and three (3) feet in 

height, and provided further that such 

speakers’ platform is authorized by a 

permit issued pursuant to paragraph (g) 

of this section. 

(C) The use of signs is prohibited 

except for the following: 

(1) Hand-carried signs are allowed 

regardless of size. 

(2) Signs that are not being handcarried and that are no larger than four 

(4) feet in length, four (4) feet in width 

and one-quarter (1⁄4) inch in thickness 

(exclusive of braces that are reasonably 

required to meet support and safety 

requirements and that are not used so as 

to form an enclosure of two (2) or more 

sides) may be used in Lafayette Park, 

provided that no individual may have 

more than two (2) such signs in the Park 

at any one time, and provided further 

that such signs must be attended at all 

times, and provided further that such 

signs may not be elevated in a manner 

so as to exceed a height of six (6) feet 

above the ground at their highest point, 

may not be arranged or combined in a 

manner so as to exceed the size 

limitations set forth in this paragraph, 

and may not be arranged in such a 

fashion as to form an enclosure of two 

(2) or more sides. For example, under 

this provision, two four-feet by four-feet 

signs may not be combined so as to 

create a sign eight feet long and four feet 

wide, and three such signs may not be 

arranged to create a sign four feet long 

and twelve feet wide, and two or more 

signs of any size may not be leaned or 


daltland on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Proposed Rules 40485 

1 Docket No. R2013–10, Order on Price 

Adjustments for Market Dominant Products and 

Related Mail Classification Changes, November 21, 

2013, at 5–35 (Order No. 1890). In this docket, the 

Commission briefly sets out the relevant history 

supporting the request for comment. For a complete 

history of the Commission proceedings leading up 

to this docket, please see Order No. 1890; Docket 

No. R2013–10R, Order Resolving Issues on Remand, 

January 22, 2016 (Order No. 3047); Docket No. 

R2013–10R, Order Resolving Motion for 

Reconsideration of Commission Order No. 3047, 

July 20, 2016 (Order No. 3441). 

2 Docket No. R2013–10R, Order Establishing 

Procedures on Remand and Requesting Public 

Comment, July 15, 2015 (Order No. 2586). 

otherwise placed together so as to form 

an enclosure of two or more sides, etc. 

(xi) No permit will be issued for a 

demonstration on the White House 

Sidewalk and in Lafayette Park at the 

same time except when the 

organization, group, or other sponsor of 

such demonstration undertakes in good 

faith all reasonable action, including the 

provision of sufficient marshals, to 

insure good order and self-discipline in 

conducting such demonstration and any 

necessary movement of persons, so that 

the numerical limitations and waiver 

provisions described in paragraphs 

(g)(5)(ix) and (x) of this section are 

observed. 

(xii) In addition to the general 

limitations in this paragraph (g)(5), 

sound systems shall be directed away 

from the Vietnam Veterans Memorial at 

all times. 

(6) Permit revocation. The Regional 

Director or the ranking U.S. Park Police 

supervisory official in charge may 

revoke a permit or part of a permit for 

any violation of its terms or conditions, 

or if the event presents a clear and 

present danger to the public safety, good 

order, or health, or for any violation of 

applicable law or regulation. Any such 

revocation shall be in writing. 

* * * * * 

David L. Bernhardt, 

Deputy Secretary. 

[FR Doc. 2018–17386 Filed 8–14–18; 8:45 am] 

BILLING CODE 4312–52–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3010 

[Docket No. RM2018–11; Order No. 4750] 

Mail Preparation Changes 

AGENCY: Postal Regulatory Commission. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The Commission is initiating 

a review to determine when a mail 

preparation change is a rate change. 

This document informs the public of the 

docket’s initiation, invites public 

comment, and takes other 

administrative steps. 

DATES: Comments are due on or before 

October 15, 2018. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http://

www.prc.gov. Those who cannot submit 

comments electronically should contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section by 

telephone for advice on filing 

alternatives. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Background 

III. Request for Comments 

I. Introduction 

The Commission initiates this 

advance notice of proposed rulemaking 

(ANPR) to seek proposals for a standard 

and process to determine when a mail 

preparation change is a ‘‘changes in 

rates’’ under 39 U.S.C. 3622 in 

accordance with the recent decision in 

United States Postal Serv. v. Postal Reg. 

Comm’n, 886 F.3d 1253 (D.C. Cir. 2018) 

(IMb Opinion). 

II. Background 

The Commission continues to 

maintain that certain mail preparation 

changes are rate changes, and those 

changes should be regulated under 39 

U.S.C. 3622. As participants in past 

associated dockets are aware, the issues 

involved in regulating mail preparation 

changes as ‘‘changes in rates’’ under 39 

U.S.C. 3622 are varied and complex. 

The process involved in crafting a 

workable standard for regulating mail 

preparation changes under the price cap 

has been difficult and time-consuming. 

However, this difficulty does not 

necessarily render the efforts to create a 

standard futile. Accordingly, the 

Commission issues this ANPR 

requesting proposals from commenters 

for a standard and process to determine 

when an individual mail preparation 

change is a ‘‘change in rates’’ under 39 

U.S.C. 3622 that is consistent with the 

recent guidance set forth in the IMb 

Opinion. 

In Docket No. R2013–10R, the 

Commission determined that a change 

to the Intelligent Mail barcoding (IMb) 

requirements was a rate change 

requiring compliance with the price cap 

under 39 U.S.C. 3622.1 The Postal 

Service appealed the Commission’s 

determination to the United States Court 

of Appeals for the District of Columbia 

(the Court). In United States Postal Serv. 

v. Postal Reg. Comm’n, 785 F.3d 740, 

751 (D.C. Cir. 2015), the Court affirmed 

the Commission’s conclusion that 

‘‘changes in rates’’ under 39 U.S.C. 3622 

could include changes to mail 

preparation requirements and were not 

limited to ‘‘only changes to the official 

posted prices of each product.’’ 

However, the Court remanded the 

matter to the Commission so that it 

could articulate an intelligible standard 

to determine when a mail preparation 

change was a ‘‘change in rates’’ subject 

to the price cap. Id. at 744. 

In response to the Court’s remand, the 

Commission initiated proceedings to 

establish a standard to be used for the 

regulation of mail preparation changes 

as ‘‘changes in rates.’’ 2 As a result of 

those proceedings, the Commission 

issued Order No. 3047, which set forth 

a standard to determine when a mail 

preparation change requires compliance 

with the price cap. The standard 

established in Order No. 3047 provided 

that a mail preparation change could 

have a rate effect when it resulted in the 

deletion or redefinition of rate cells as 

set forth by § 3010.23(d)(2). 

In establishing the standard set forth 

in Order No. 3047, the Commission 

used its regulation, § 3010.23(d)(2), to 

provide the framework. Section 

3010.23(d)(2) provides that a 

classification change will have a rate 

effect when it results in the 

introduction, deletion, or redefinition of 

a rate cell. Under the Commission’s 

rules, the Postal Service must include 

the effects of those classification 

changes in its calculation of the 

percentage change in rates under the 

price cap. 39 CFR 3010.23(d)(2). The 

standard in Order No. 3047 defined 

when a mail preparation change would 

be considered a classification change 

with rate effects under § 3010.23(d)(2). 

The standard set forth that deletion of 

a rate cell occurs when a mail 

preparation change caused the 

elimination of a rate, or the functional 

equivalent of an elimination of a rate by 

making the rate cell inaccessible to 

mailers. Order No. 3047 at 15. The 

standard defined redefinition of a rate 

cell to occur when a mail preparation 

change caused a significant change to a 

basic characteristic of a mailing, 

effectively changing the nature of the 

rate cell. For redefinition, the 

Commission stated that it would apply 

a significance analysis to determine at 

what point on the spectrum a mail 

preparation change caused a rate cell to 

be redefined under § 3010.23(d)(2). Id. 


daltland on DSKBBV9HB2PROD with PROPOSALS