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[Federal Register Volume 89, Number 229 (Wednesday, November 27, 2024)]
[Proposed Rules]
[Pages 93531-93538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27571]

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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Parts 7 and 21

[NPS-HOSP-DTS38124; XXXP1039C6, PPMWHOSPM0, PRCRURUC6.U00000]
RIN 1024-AE86

Hot Springs National Park; Use of Thermal Water and Commercial 
Passenger-Carrying Vehicles

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service (NPS) proposes to amend the special 
regulations for Hot Springs National Park to update regulations about 
the use of thermal water. The NPS also proposes to remove outdated 
regulations concerning commercial passenger-carrying motor vehicles.

[[Page 93532]]

DATES: Comments on the proposed rule must be received by 11:59 p.m. ET 
on January 27, 2025.

ADDRESSES: You may submit comments, identified by Regulation Identifier 
Number (RIN) 1024-AE86, by either of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov/. Follow the instructions for submitting comments.
    (2) By hard copy: Mail to: Superintendent, Hot Springs National 
Park, 101 Reserve Street, Hot Springs, Arkansas 71901.
    Instructions: Comments will not be accepted by fax, email, or in 
any way other than those specified above. All submissions received must 
include the words ``National Park Service'' or ``NPS'' and must include 
the docket number or RIN (1024-AE86) for this rulemaking. Comments 
received may be posted without change to https://www.regulations.gov/, 
including any personal information provided.
    Docket: For access to the docket to read comments received, go to 
https://www.regulations.gov/ and search for ``1024-AE86''

FOR FURTHER INFORMATION CONTACT: Laura Miller, Superintendent, Hot 
Springs National Park; (501)-620-6735; [email protected]. 
Individuals in the United States who are deaf, deafblind, hard of 
hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States. In compliance with the Providing Accountability 
Through Transparency Act of 2023, the plain language summary of the 
proposal is available on Regulations.gov in the docket for this 
rulemaking.

SUPPLEMENTARY INFORMATION:

Background

Purpose and Significance of Hot Springs National Park

    Hot Springs National Park is a 5,500-acre park in Hot Springs, 
Arkansas, located approximately 55 miles southwest of Little Rock, 
Arkansas. The U.S. Congress created the park in 1832 when it designated 
the land as Hot Springs Reservation. In 1921, the reservation name was 
changed to Hot Springs National Park. Today, the NPS administers the 
park as one of more than 400 units of the National Park System.
    The purpose of the park is to protect its unique geothermal spring 
water and associated lands for public health, wellness, and enjoyment. 
The park encompasses mostly forested mountains but includes a developed 
urban edge formed by Bathhouse Row, which was designated a national 
historic landmark in 1987. The NPS preserves and manages natural and 
cultural resources in the park for over 1.5 million annual visitors. 
Geothermal spring water originating within the park provides ample 
opportunities for public recreation, health, and wellness activities, 
including therapeutic bathing. The NPS collects and distributes thermal 
water to public fountains and to various entities (referred to 
collectively as bathhouses), including spas, a hotel, and a brewery, 
within and outside the park. The public uses and enjoys thermal water 
in bathhouses, by viewing display springs, and by collecting and 
drinking water free of charge from public fountains.

Legal Framework for the Use of Thermal Water

    Under the NPS Organic Act of 1916, the NPS has broad authority to 
regulate the use of the lands and waters within National Park System 
units. See 54 U.S.C. 100101; 100751(a). The enabling act that 
established Hot Springs National Park, now codified at 16 U.S.C. 
Subchapter XL, specifically authorizes the NPS to make all needful 
rules and regulations regarding the use of thermal water, including the 
use of thermal water by bathhouses. 16 U.S.C. 363. The park's enabling 
act authorizes specific uses and establishes conditions for the use of 
thermal water. 16 U.S.C. 361-363. In 1959, the NPS promulgated 
regulations, now codified at 36 CFR 7.18(b), prohibiting the removal of 
water from any source of supply within the park for the purpose of 
sale, or for any use other than personal drinking. In 1979, the NPS 
promulgated regulations, now codified at 36 CFR part 21, governing 
bathhouses that receive thermal water originating in the park and use 
it for purposes authorized by the superintendent. These regulations 
primarily address bathing in thermal water for medical treatment. They 
contain specific provisions about registration of prescribing 
physicians, health examinations for infectious or communicable 
diseases, and the control of persons with acute or infectious diseases 
and other maladies.
    Since 1979, the use of thermal water in bathhouses has evolved. 
Historical use of thermal water for medicinal purposes has been largely 
replaced by bathing for recreation or general health and wellness. The 
NPS receives requests for new uses of thermal water within and outside 
the park and the existing regulations do not clearly define procedures 
and standards for evaluating such requests. In particular, the existing 
regulations do not provide adequate notice about specific provisions in 
the park's enabling act about written instruments, priority users, 
surplus water, and rates and costs, none of which are addressed in the 
existing regulations.

Proposed Rule

Summary of the Proposed Rule

    The NPS proposes to update park regulations about the use of 
thermal water to reflect contemporary uses of water and provisions in 
the park's enabling act about the use of thermal water. For easier 
reference and improved transparency, all regulations addressing the use 
of thermal water would be located in paragraph (b) of Sec.  7.18, 
rather than split between paragraph (b) of Sec.  7.18 and part 21. This 
rule would remove part 21 in its entirety. This rule also would remove 
existing regulations in part 21 about registration of physicians (Sec.  
21.4), requirements to have medical prescriptions before bathing (Sec.  
21.5), control of persons with diseases and other maladies (Sec.  
21.6), health examinations and infectious diseases (Sec.  21.7), 
solicitation by bathhouse employees for tips (Sec.  21.9), loss of 
personal valuables (Sec.  21.10), and the redemption and loss of bath 
tickets (Sec. Sec.  21.11-21.12) as outdated and unnecessary because of 
changes in how the public uses thermal water and changes in how 
bathhouses operate.
    In addition to updating regulations about the use of thermal water, 
this rule would revise existing paragraph (a) in Sec.  7.18. This 
paragraph contains outdated permit and fee requirements for commercial 
passenger-carrying motor vehicles operating in the park. The NPS has a 
statutory authority to manage these services through commercial use 
authorizations (CUAs) that it did not have when paragraph (a) was 
promulgated. 54 U.S.C. 101925. Consistent with this authority, the NPS 
manages commercial passenger-carrying motor vehicles in the park 
through CUAs and applicable policy. In order to provide notice to the 
public, including affected service providers, this rule would replace 
the existing language in paragraph (a) with a statement that CUAs and 
fees for the operation of commercial passenger-carrying vehicles will 
be required in accordance with 54 U.S.C. 101925.

[[Page 93533]]

    Below is a paragraph-by-paragraph analysis of the proposed rule 
that explains changes to existing similar regulations, if any.

Section-by-Section Analysis

Paragraph (b)(1)--Definitions

------------------------------------------------------------------------
            Proposed regulation                 Existing regulations
------------------------------------------------------------------------
Sec.   7.18(b)(1) Definitions.............   Sec.   7.18(b) Use
                                             of water.
                                             Sec.   21.1
                                             Definitions.
------------------------------------------------------------------------

    Existing regulations in Sec.  21.1 define the terms ``physician,'' 
``registered physician,'' ``employee,'' and ``bathhouse''. The proposed 
rule would remove definitions for ``physician'' and ``registered 
physician'' because those terms would no longer be used in the 
regulations due to changes in how thermal water is used by the public. 
The existing definition of ``employee'' is any person licensed or 
certified by a State or territory in his or her specialty, or certified 
by the superintendent to perform special services in a bathhouse. The 
rule would remove the definition of ``employee'' as redundant with a 
provision in new paragraph (b)(3)(v) that would require bathhouses to 
ensure and maintain employee licenses and certifications where required 
by Federal or State law. The remainder of the existing definition of 
``employee'' is outdated and unnecessary because the superintendent no 
longer issues such certifications.
    The proposed rule would simplify the definition of ``bathhouse'' by 
removing unnecessary references to individuals, trustees, partnerships, 
corporations, and business entities as potential operators, which is 
not relevant to the issue of authorized use of thermal water. Instead, 
the definition would simply state that bathhouse is a facility 
authorized to use thermal water for any purpose pursuant to a written 
instrument signed by the superintendent.
    The proposed rule would add a new definition of ``bathing'' to mean 
soaking in thermal water for health benefits. This definition is 
necessary to implement a distinction in the park's enabling act about 
rates charged to bathhouses for use of thermal water, explained below. 
The proposed rule would add a new definition of ``thermal water'' to 
mean water that emerges from springs, fountains, or other natural 
sources within the park. This language is similar to language in 
existing paragraph (b) of Sec.  7.18 and serves to distinguish water 
that is subject to NPS administration, and water that is not. The rule 
would add a new definition of ``use of thermal water'' to mean heating, 
cooling, storing, removing from the park, combining with other 
substances, or otherwise altering thermal water in any manner. This 
definition is intentionally broad to include any possible use so that 
the NPS can effectively protect this resource through restrictions and 
conditions on the use of thermal water that appear elsewhere in the 
regulations. Finally, the rule would add a definition of ``water 
treatment'' to mean the introduction of any substance into thermal 
water, including chemicals, solutions, or other water. This type of use 
would be further defined because it requires specific approval by the 
NPS Office of Public Health (OPH), as explained below.

Paragraph (b)(2)--Use of Thermal Water

------------------------------------------------------------------------
            Proposed regulation                 Existing regulations
------------------------------------------------------------------------
Sec.   7.18(b)(2) Use of thermal water....   Sec.   7.18(b) Use
                                             of water.
                                             Sec.   21.3 Use of
                                             thermal water.
------------------------------------------------------------------------

    Existing regulations in Sec.  7.18(b) prohibit the carrying away of 
water, hot or cold, from any of the springs, fountains, or other 
sources of supply in the park for the purpose of sale, or for any use 
other than personal drinking. Existing regulations in Sec.  21.3 
prohibit the use of thermal waters for purposes other than those 
authorized by the superintendent. They further prohibit the heating, 
reheating, or otherwise increasing the temperature of thermal water, 
and the introduction of any substance, chemical, or other material or 
solution into thermal waters, except as may be prescribed by a 
physician for a bather or as may be directed by the superintendent.
    This rule would replace these existing regulations with new 
paragraph (b)(2) of Sec.  7.18. In order to continue to protect the 
integrity of thermal water, new paragraph (b)(2)(i) would prohibit the 
use of thermal water except by individuals for personal consumption or 
as authorized in writing by the superintendent. As explained above, the 
new definition of ``use of thermal water'' would be broad enough to 
include any of the specific uses of water prohibited by the existing 
regulations.
    Under the rule, the superintendent's authority to allow use of 
thermal water would be limited to use that is consistent with the 
purposes of the park, including the protection of natural resource 
values. The park's Foundation Document (2022) states that the purpose 
of the park is to protect its geothermal spring water and associated 
lands for public health, wellness, and enjoyment. This regulatory 
provision, then, would allow the superintendent to authorize the use of 
thermal water for the general public welfare, to include, for example, 
use of thermal water for bathing, drinking, and relaxation, but not in 
a manner that is inconsistent with the mandate to protect the resource. 
The rule would more specifically prevent the superintendent from 
authorizing the removal of thermal water from the park for direct sale 
or use in products for sale. This would not prevent the superintendent 
from authorizing the use of thermal water by bathhouses that are 
commercial operations. Historic and contemporary bathhouses have and 
continue to operate as commercial businesses, such as spas, hotels, and 
(most recently) a brewery. This provision, similar to existing Sec.  
7.18(b), would prohibit the commercial exploitation of thermal water as 
a product that is created, packaged, and sold outside of the park or 
any bathhouse. These types of uses are too far removed from the 
establishment of the park as an in-situ reserve where the public can 
visit and benefit from thermal water originating in the park.
    The last sentence of new paragraph (b)(2)(i) would state that the 
superintendent, in addition to any other appropriate written 
instrument, may use lease agreements to authorize the use of thermal 
water, but only those lease agreements specifically authorized by the 
park's enabling legislation. The NPS intends this specific reference to 
the park's enabling legislation to clarify that lease agreements 
entered into by the NPS under its general leasing authority in 54 
U.S.C. 102102, as implemented by NPS regulations in 36 CFR part 18, 
should not be used to authorize the use of thermal water.
    New paragraph (b)(2)(ii) would require all water treatment to be 
approved by the OPH, and be limited to the minimum amount and type 
necessary for the maintenance of public health and safety, as 
determined by the OPH.\1\ This provision would codify an additional 
level of protection for thermal water in NPS regulations. This is 
consistent with existing practice, as NPS staff at the park work 
closely with OPH officers to maintain the health and safety of thermal 
water. The rule would not include the allowance in existing Sec.  
7.18(b) that physicians can prescribe the introduction of substances 
into thermal water for a bather. Bathing for medicinal purposes is not 
a

[[Page 93534]]

contemporary use of thermal water and the employees of the OPH are more 
appropriate subject matter experts than personal physicians to 
determine the potential impacts of water treatment on public health.
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    \1\ Water treatment also may be subject to approvals from local, 
county or State officials that have been delegated authority to 
enforce Federal statutes such as the Safe Drinking Water Act.
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    New paragraphs (b)(2)(iii)-(v) would codify in NPS regulations, for 
the first time, provisions in the park's enabling act that establish 
priority uses of thermal water by bathhouses located within and outside 
of the park. Restating these provisions in a more accessible format 
would benefit the NPS and existing and prospective bathhouses. 
Bathhouses would better understand how the park's enabling act 
prioritizes the use of thermal water among authorized users. Bathhouses 
also would better understand the requirement that there be a surplus of 
thermal water before the superintendent can authorize bathhouses 
located outside of the park, except for the Arlington Hotel, to use 
thermal water. New paragraph (b)(2)(iii) would restate the order of 
priority for using thermal water, consistent with 16 U.S.C. 362:
    1. Bathhouses located within the park, in the order in which they 
were authorized to use thermal water.
    2. Arlington Hotel.
    3. Bathhouses located outside of the park, in the order in which 
they were authorized to use thermal water, and only when the 
Superintendent has determined that there is a surplus of thermal water.
    The park's enabling act refers to the ``Army and Navy hospital 
bathhouse'' and the ``public bathhouse'' as having priority use before 
any of the bathhouses identified in the rule. These entities are not 
listed in the rule, however, because the Army and Navy hospital 
bathhouse ceased operation in 1959 and the public bathhouse, which 
referred to the Libbey Physical Medicine Center, ceased operation in 
2005. In the future, if new bathhouses are established in either 
location, they would be categorized as bathhouses located within the 
park, and have priority use relative to other bathhouses within the 
park in the order in which they were authorized to use thermal water, 
but always before the Arlington Hotel and other bathhouses located 
outside of the park. The Arlington Hotel is located outside of the park 
and is specifically named in the park's enabling act as having priority 
use of thermal water in the order identified in the rule. Although it 
is located outside of the park, the superintendent is not required to 
determine there is a surplus of thermal water before authorizing the 
Arlington Hotel to use thermal water pursuant to a written instrument 
due to its specific mention in the enabling act. Currently, Levi 
Hospital is the only other bathhouse located outside of the park that 
is authorized to use thermal water. Levi Hospital is not named in the 
enabling act and its use of thermal water is conditioned upon the 
superintendent determining there is a surplus of thermal water. As long 
as it remains in continuous operation, its use of thermal water will 
have priority over other bathhouses located outside of the park that 
may be authorized to use thermal water in the future.
    New paragraph (b)(2)(iv) would explain that a surplus of thermal 
water exists when, after accounting for all of the thermal water that 
bathhouses located within the park and the Arlington Hotel are 
authorized to use, the superintendent determines that additional 
thermal water may be used by other bathhouses located outside of the 
park in a manner that would not conflict with the requirements of 
applicable Federal laws and policies, including those that require the 
NPS to preserve the resources of the park. When the superintendent 
evaluates whether there is a surplus, the relevant value is the full 
amount of thermal water that may be used by bathhouses within the park 
and the Arlington Hotel, not the amount of thermal water actually used 
by those bathhouses at any time. The superintendent then must evaluate 
whether there is any remaining thermal water that could be used by 
other bathhouses, and whether such use would violate any applicable 
Federal laws (e.g., the park's enabling act and the NPS Organic Act) or 
any applicable Federal policies (e.g., NPS Management Policies 2006). 
This includes an evaluation of whether additional use of thermal water 
will cause impairment of park resources, including wildlife and other 
natural features in the park that use or depend on the water. The 
superintendent must determine there is a surplus of water before 
signing a written instrument authorizing the use of thermal water by a 
bathhouse located outside of the park.
    New paragraph (b)(2)(v) would require the NPS to provide adequate 
notice to bathhouses that have lower priority use authorizations before 
it authorizes a bathhouse higher in the order of priority to use 
thermal water. This paragraph would further require the NPS to provide 
adequate notice to bathhouses located outside of the park, other than 
the Arlington Hotel, if the superintendent's determination that there 
is a surplus of thermal water changes in a manner that will impact 
their authorizations to use thermal water. These provisions would help 
ensure that bathhouses have reasonable notice about potential decreases 
in the amount of thermal water they are authorized to use. This would 
allow them to adjust operations and notify customers about impacts to 
offered products and services. The superintendent may change the amount 
of thermal water bathhouses are authorized to use based upon 
determinations of surplus or determinations that use would be 
inconsistent with the purposes of the park, notwithstanding the terms 
and conditions of any written instrument authorizing use of thermal 
water.
    New paragraph (b)(2)(vi) would require bathhouses to have a thermal 
water management plan approved by the superintendent and the OPH, with 
an additional requirement that thermal water management plans for 
bathhouses located outside of the park also must be approved by the 
Arkansas Department of Health, as required by State law. Thermal water 
management plans are already required as a term and condition of all 
written instruments authorizing bathhouses to use thermal water. 
Including this requirement in the regulations would provide additional 
notice and transparency for bathhouses.
    The park's enabling act vests full power to the Secretary, acting 
through the NPS, to promulgate regulations that authorize the 
superintendent to examine and inspect at any time the manner of using 
thermal water in any bathtub. 16 U.S.C. 363. Consistent with this 
authority, new paragraph (b)(2)(vii) would give the superintendent (or 
someone with delegated authority) the right to examine and inspect the 
use of thermal water by a bathhouse at reasonable times to determine 
whether the bathhouse is being operated in accordance with the terms 
and conditions of the written instrument authorizing the use of thermal 
water, the approved thermal water management plan, and with the 
provisions of the regulations.

Paragraph (b)(3)--Prohibited Acts

------------------------------------------------------------------------
            Proposed regulation                 Existing regulations
------------------------------------------------------------------------
Sec.   7.18(b)(3) Prohibited acts.........   Sec.   21.1
                                             Definitions.
                                             Sec.   21.2
                                             Penalties
                                             Sec.   21.8
                                             Employee certification.
------------------------------------------------------------------------

    The park's enabling act authorizes the Secretary, acting through 
the NPS, to provide penalties for the violation of any regulation as to 
the use of thermal water, including the cancellation of any lease for 
the use of such water. 16 U.S.C. 363. Consistent with this 
authorization,

[[Page 93535]]

new paragraphs (b)(3)(i)-(v) would identify prohibited acts and state 
that they may result in the revocation or suspension of a written 
authorization to use thermal water. Prohibited acts would be failures 
to:
     comply with a written instrument authorizing the use of 
thermal water;
     comply with a provision of an approved water management 
plan;
     make a required payment;
     operate a pool or spa without appropriate certification, 
as determined by the OPH;
     ensure and maintain employee licenses and certifications 
where required by Federal or State law; and
     comply with any regulations addressing the use of thermal 
water.
    This list of prohibited acts would provide notice and transparency 
to bathhouses about the repercussions of certain actions. Existing 
regulations in Sec.  21.1 and Sec.  21.8 require persons performing 
special services in bathhouses, such as physical therapy, massage, and 
attending to baths, to be licensed or certified by a State or U.S. 
territory, or by the superintendent upon completion of examinations and 
(for bath attendants) an apprenticeship. Individuals who provide 
special services in bathhouses are already subject to licensing and 
certification requirements under applicable law. Rather than imposing 
those requirements again in NPS regulations, new paragraph (b)(3)(v) 
would instead hold bathhouses accountable for the services they offer 
their customers by requiring bathhouses to ensure and maintain employee 
licenses and certifications where required by Federal or State law. The 
superintendent no longer examines or certifies bathhouse employees. As 
a result, those provisions also would be removed.
    Existing regulations in Sec.  21.2 state that any person convicted 
of violating any regulation in part 21 shall be punished by a fine not 
exceeding $100 and be adjudged to pay all costs of the proceedings. 
Existing regulations in 36 CFR 1.3 state that a person convicted of 
violating any regulation in parts 1 through 7, part 9 subpart B, and 
parts 12 and 13, shall be subject to the criminal penalties provided 
under 18 U.S.C. 1865. As a result of moving all regulations about the 
use of thermal water to Sec.  7.18, a violation of any provision of the 
rule would result in criminal penalties under Sec.  1.3. New paragraph 
(b)(3)(vi) would state this explicitly for additional notice and 
transparency.

Paragraph (b)(4)--Rates and Cost Recovery

------------------------------------------------------------------------
            Proposed regulation                  Existing regulation
------------------------------------------------------------------------
Sec.   7.18(b)(4) Rates and cost recovery.  N/A.
------------------------------------------------------------------------

    The park's enabling act requires the NPS to charge bathhouses the 
same rates for thermal water that will be used for bathing, but allows 
the superintendent to charge bathhouses individual rates for thermal 
water that will not be used for bathing. 16 U.S.C. 362. The park's 
enabling act requires bathhouses located outside of the park that are 
authorized to use thermal water if there is a surplus, to pay all costs 
associated with connections for obtaining such thermal water. 16 U.S.C. 
362. The park's enabling act requires the superintendent to readjust 
the terms and amounts of payment required under a written instrument 
authorizing the use of thermal water every five years during the term 
of the instrument. 16 U.S.C. 362. As stated above, the park's enabling 
act authorizes the NPS to make all needful rules and regulations 
regarding the use of thermal water, including the use of thermal water 
by bathhouses, and specifically states that such regulations can be 
made to prevent waste and be what the NPS deems best for the public 
interest. 16 U.S.C. 363.
    In order to provide additional notice and transparency to 
bathhouses, this rule would include regulations that address rates and 
cost recovery for the use of thermal water that are consistent with the 
statutory authorities discussed above. All of these proposed provisions 
reflect current practice by the NPS. New paragraph (b)(4)(i) would 
state that rates charged for thermal water will be specified in the 
written instrument authorizing the use of thermal water. New paragraph 
(b)(4)(ii) would state that rates for thermal water that will be used 
for bathing will be the same for all bathhouses, and that rates for 
thermal water that will not be used for bathing will be determined by 
the superintendent for each bathhouse. New paragraph (b)(4)(iii) would 
state that bathhouses located outside of the park that may be 
authorized to use thermal water if there is a surplus must pay all 
costs incurred by the NPS associated with connections for obtaining 
such thermal water. Connection costs include all costs incurred from 
activities that cause the connections to be made. These may include, 
but are not limited to, design and construction costs, and costs 
incurred to comply with applicable laws and policies, such as the 
National Environmental Policy Act and the National Historic 
Preservation Act. New paragraph (b)(4)(iv) would state that written 
instruments authorizing the use of thermal water may require bathhouses 
to reimburse the NPS for costs incurred from the distribution of 
thermal water and maintenance of the distribution system. The ability 
of the NPS to recover these costs, when appropriate, will help ensure 
that thermal water is distributed safely, efficiently, and without 
waste. Finally, new paragraph (b)(5)(v) would state that the NPS will 
readjust the terms and amounts of payments required under a written 
instrument authorizing the use of thermal water at least every five 
years during its term and upon the renewal of a written instrument at 
the end of its term.

Compliance With Other Laws, Executive Orders and Department Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563 and 
14094)

    Executive Order 12866, as amended by Executive Order 14094, 
provides that the Office of Information and Regulatory Affairs (OIRA) 
in the Office of Management and Budget will review all significant 
rules. OIRA has determined that the proposed rule is not significant.
    Executive Order 14094 amends Executive Order 12866 and reaffirms 
the principles of Executive Order 12866 and Executive Order 13563 and 
states that regulatory analysis should facilitate agency efforts to 
develop regulations that serve the public interest, advance statutory 
objectives, and be consistent with Executive Order 12866, Executive 
Order 13563, and the Presidential Memorandum of January 20, 2021 
(Modernizing Regulatory Review). Regulatory analysis, as practicable 
and appropriate, shall recognize distributive impacts and equity, to 
the extent permitted by law.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. Executive Order 13563 directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563 
emphasizes further that regulations must be based on the best available 
science and that the rulemaking process

[[Page 93536]]

must allow for public participation and an open exchange of ideas. The 
NPS has developed this proposed rule in a manner consistent with these 
requirements.

Regulatory Flexibility Act

    This proposed rule would not have a significant economic effect on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). This certification is based on information 
contained in the economic analyses found in the report entitled '' 
Regulatory Analysis of the Use of Thermal Water and Commercial 
Passenger-Carrying Vehicles at Hot Springs National Park Proposed 
Rule.'' The report may be viewed in the docket for this rulemaking 
action by visiting https://www.regulations.gov/ and searching for ``RIN 
1024-AE86''.

Congressional Review Act

    This proposed rule is not a major rule under 5 U.S.C. 804(2). This 
proposed 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

    This proposed 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 proposed rule does not have a significant or 
unique effect on State, local or Tribal governments or the private 
sector. It addresses public use of national park lands and imposes no 
requirements on other agencies or governments. A statement containing 
the information required by the Unfunded Mandates Reform Act (2 U.S.C. 
1531 et seq.) is not required.

Takings (Executive Order 12630)

    This proposed rule does not effect a taking of private property or 
otherwise have takings implications under Executive Order 12630. A 
takings implication assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, the 
proposed rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism summary impact statement. This 
proposed rule only affects use of federally administered lands and 
waters. It has no direct effects on other areas. A Federalism summary 
impact statement is not required.

Civil Justice Reform (Executive Order 12988)

    This proposed rule complies with the requirements of Executive 
Order 12988. This proposed 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-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian Tribes and recognition of their 
right to self-governance and Tribal sovereignty. The NPS has evaluated 
this proposed rule under the criteria in Executive Order 13175 and 
under the Department's Tribal consultation policy and has determined 
that Tribal consultation is not required because the proposed rule will 
have no substantial direct effect on federally recognized Indian 
Tribes. Nevertheless, in support of the Department of the Interior's 
and the NPS's commitment to government-to-government consultation, the 
NPS intends to coordinate with Indian Tribes that are traditionally 
associated with the land that is now part of the park, including the 
Caddo Nation, Quapaw Nation, Osage Nation, Shawnee Tribe, and Absentee 
Shawnee.

Paperwork Reduction Act

    This proposed rule contains existing information collections. All 
information collections require approval under the Paperwork Reduction 
Act of 1995 (PRA; 44 U.S.C. 3501 et seq.). The NPS may not conduct or 
sponsor and you are not required to respond to a collection of 
information unless it displays a currently valid OMB control number. 
The OMB has reviewed and approved the information collection 
requirements associated with NPS Form 10-550 ``Commercial Use 
Authorization Application'' and assigned OMB control number 1024-0268 
(currently under review for renewal; the Information Collection Request 
was submitted to OMB on 3/29/2023).

National Environmental Policy Act

    This proposed rule does not constitute a major Federal action 
significantly affecting the quality of the human environment. A 
detailed statement under the National Environmental Policy Act of 1969 
(NEPA) is not required because the rule is covered by a categorical 
exclusion. NPS NEPA Handbook (2015) Section 3.3.A.8 allows for the 
following to be categorically excluded: Modifications or revisions to 
existing regulations or the promulgation of new regulations for NPS-
administered areas, provided the modifications, revisions, or new 
regulations do not:
    a. Increase public use to the extent of compromising the nature and 
character of the area or causing physical damage to it,
    b. Introduce noncompatible uses that might compromise the nature 
and characteristics of the area or cause physical damage to it,
    c. Conflict with adjacent ownerships or land uses, or
    d. Cause a nuisance to adjacent owners or occupants.
    The NPS has also determined that the proposed rule does 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 proposed rule is not a significant energy action under the 
definition in Executive Order 13211; the proposed rule is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy, and the rule has not otherwise been designated by the 
Administrator of OIRA as a significant energy action. A Statement of 
Energy Effects in not required.

Clarity of This Rule

    The NPS is required by Executive Orders 12866 (section 1(b)(12)) 
and 12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule the NPS publishes must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use common, everyday words and 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 the NPS has not met these requirements, send us 
comments by one of the methods listed in the

[[Page 93537]]

ADDRESSES section. To better help the NPS revise the rule, your 
comments should be as specific as possible. For example, you should 
identify the numbers of the sections or paragraphs that you find 
unclear, which sections or sentences are too long, the sections where 
you feel lists or tables would be useful, etc.

Public Participation

    It is the policy of the Department of the Interior, whenever 
practicable, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons may submit written 
comments regarding this proposed rule by one of the methods listed in 
the ADDRESSES section of this document.

Public Availability of Comments

    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.

List of Subjects

36 CFR Part 7

    National parks, Reporting and Recordkeeping requirements.

36 CFR Part 21

    National parks.

    For the reasons stated in the preamble, and under the authority of 
16 U.S.C. 363 and 54 U.S.C. 100751, the National Park Service proposes 
to amend 36 CFR chapter I, as set forth below:

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

0
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 DC Code 10-137 and DC Code 50-2201.07.

0
2. Amend Sec.  7.18 by revising paragraphs (a) and (b) to read as 
follows:

Sec.  7.18  Hot Springs National Park.

    (a) Commercial passenger-carrying vehicles. Commercial use 
authorizations and fees for the operation of commercial passenger-
carrying vehicles carrying passengers for hire over park roads will be 
required in accordance with 54 U.S.C. 101925.
    (b) Thermal water. The regulations contained in this paragraph (b) 
apply to the use of thermal water.
    (1) Definitions. The following definitions apply to this paragraph 
(b):
    Bathhouse means a facility authorized to use thermal water for any 
purpose pursuant to a written instrument signed by the Superintendent 
of Hot Springs National Park.
    Bathing means soaking in thermal water for health benefits.
    Thermal water means water that emerges from springs, fountains or 
other natural sources within Hot Springs National Park.
    Use of thermal water means heating, cooling, storing, removing from 
Hot Springs National Park, combining with other substances, or 
otherwise altering thermal water in any manner.
    Water treatment means the introduction of any substance into 
thermal water, including chemicals, solutions, or other water.
    (2) Use of thermal water. (i) The use of thermal water is 
prohibited except by individuals for personal consumption or as 
authorized in writing by the Superintendent provided that such use is 
consistent with the purposes of Hot Springs National Park, and provided 
further that under no circumstances may thermal water be removed from 
Hot Springs National Park for direct sale or use in products for sale. 
A written instrument authorizing the use of thermal water may be in the 
form of a lease agreement entered into under the specific authority of 
16 U.S.C. 361 et seq., in addition to any other types of written 
instruments authorized by applicable law and policy.
    (ii) Water treatment must be approved by the NPS Office of Public 
Health and is limited to the minimum amount and type necessary for the 
maintenance of public health and safety, as determined by the NPS 
Office of Public Health.
    (iii) Bathhouses may use thermal water in the order of priority 
identified below, consistent with 16 U.S.C. 362:
    (A) Bathhouses located within Hot Springs National Park, in the 
order in which they were authorized to use thermal water.
    (B) Arlington Hotel.
    (C) Bathhouses located outside of Hot Springs National Park, in the 
order in which they were authorized to use thermal water, and only when 
the Superintendent has determined that there is a surplus of thermal 
water.
    (iv) For purposes of paragraph (b)(2)(iii)(C), a surplus may exist 
when, after accounting for all of the thermal water that bathhouses 
referred to in paragraphs (b)(2)(iii)(A) and (b)(2)(iii)(B) are 
authorized to use, the Superintendent determines that additional 
thermal water may be used by other bathhouses located outside of Hot 
Springs National Park in a manner that would not conflict with the 
requirements of applicable Federal laws and policies, including those 
that require the NPS to preserve the resources of Hot Springs National 
Park.
    (v) The NPS will provide adequate notice to bathhouses that have 
lower priority use authorizations before it authorizes a bathhouse 
higher in the order of priority to use thermal water. The NPS will 
provide adequate notice to bathhouses referred to in paragraph 
(b)(2)(iii)(C) if the Superintendent's determination that there is a 
surplus of thermal water changes in a manner that will impact their 
authorizations to use thermal water.
    (vi) Bathhouses must have a thermal water management plan approved 
by the Superintendent and the NPS Office of Public Health. Thermal 
water management plans for bathhouses located outside of Hot Springs 
National Park also must be approved by the Arkansas Department of 
Health.
    (vii) The Superintendent has the right to examine and inspect the 
use of thermal water by a bathhouse at reasonable times to determine 
whether the bathhouse is being operated in accordance with the terms 
and conditions of the written instrument authorizing the use of thermal 
water, an approved thermal water management plan, and with the 
provisions of this section.
    (3) Prohibited acts. The following acts are prohibited and may 
result in the revocation or suspension of a written authorization to 
use thermal water:
    (i) Failure to comply with terms and conditions of a written 
instrument authorizing the use of thermal water.
    (ii) Failure to comply with any provision of an approved thermal 
water management plan.
    (iii) Failure to make any payment required under this section.
    (iv) Failure to operate a pool or spa without appropriate 
certification, as determined by the NPS Office of Public Health.
    (v) Failure by bathhouses to ensure and maintain employee licenses 
and certifications where required by Federal or State law.
    (vi) Failure to comply with any provision of this paragraph (b) of 
Sec.  7.18, which also may result in applicable penalties under Sec.  
1.3 of this chapter.
    (4) Rates and cost recovery. (i) Rates charged for thermal water 
will be specified in the written instrument authorizing the use of 
thermal water.
    (ii) Rates charged for thermal water that will be used for bathing 
will be the same for all bathhouses. Rates charged for thermal water 
that will not be used for bathing will be determined by the 
Superintendent for each bathhouse.

[[Page 93538]]

    (iii) Bathhouses referred to in paragraph (b)(2)(iii)(C) must pay 
all costs associated with connections for obtaining such thermal water.
    (iv) Written instruments authorizing the use of the thermal water 
may require bathhouses to reimburse the NPS for costs incurred from the 
distribution of thermal water and maintenance of the distribution 
system.
    (v) The NPS will readjust the terms and amounts of payments 
required under a written instrument authorizing the use of thermal 
water at least every five years during its term and upon the renewal of 
a written instrument at end of its term.
* * * * *

Part 21 [Removed]

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3. Remove part 21, consisting of Sec. Sec.  21.1 through 21.12.

Shannon Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2024-27571 Filed 11-26-24; 8:45 am]
BILLING CODE 4312-52-P
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