96144 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Proposed Rules 

FOR FURTHER INFORMATION CONTACT: 

Concerning proposed §§ 1.56A–1, 

1.56A–9, 1.56A–11, 1.56A–12, 1.56A– 

23, except for paragraphs (e) and (f), and 

1.59–2, except for paragraphs (e), (f) and 

(h), Madeline Padner at (202) 317–7006, 

concerning proposed §§ 1.56A–2 and 

1.56A–3, Frank Dunham III at (202) 

317–7009, concerning proposed 

§ 1.56A–17, James Yu at (202) 317–4718, 

and concerning proposed §§ 1.56A–15 

and 1.56A–16, except for issues related 

to partnerships, C. Dylan Durham at 

(202) 317–7005, each of the Office of 

Associate Chief Counsel (Income Tax 

and Accounting), and for issues related 

to partnerships, Elizabeth Zanet or Brian 

Barrett of the Office of Associate Chief 

Counsel (Passthroughs and Special 

Industries), at (202) 317–6850; 

concerning proposed § 1.56A–4, Daren J. 

Gottlieb at (202) 317–6938, concerning 

proposed § 1.56A–6, Dylan J. Steiner at 

(202) 317–6934, concerning proposed 

§ 1.56A–7, Ryan Connery at (202) 317– 

6933, concerning proposed §§ 1.56A–8 

and 1.59–4, John J. Lee at (202) 317– 

6936, concerning proposed § 1.56A– 

26(d), Michelle L. Ng at (202) 317–6939, 

concerning proposed § 1.56A–27, Joel 

Deuth at (202) 317–6938, and 

concerning proposed § 1.59–3, Karen 

Walny at (202) 317–6938, each of the 

Office of Associate Chief Counsel 

(International); concerning proposed 

§§ 1.56A–18, 1.56A–19, 1.56A–21, 

1.56A–26, 1.1502–2, 1.1502–3, 1.1502– 

53, 1.1502–55, and 1.1502–56A, Jeremy 

Aron-Dine, William W. Burhop, or John 

Lovelace, concerning proposed 

§§ 1.56A–23(e) and (f) and 1.59–2(f) and 

(h), Jeremy Aron-Dine or William W. 

Burhop, each of the Office of Associate 

Chief Counsel (Corporate) at (202) 317– 

3181; concerning proposed § 1.56A–13, 

Diane Bloom at 202–317–6301, 

concerning proposed § 1.56A–14, Seth 

Groman at 202–317–5640, and 

concerning proposed § 1.59–2(e), Chris 

Dellana at 202–317–4726, each of the 

Office of Associate Chief Counsel 

(Employee Benefits, Exempt 

Organizations, and Employment Taxes); 

concerning proposed §§ 1.56A–5, 

1.56A–10, and 1.56A–20, Elizabeth 

Zanet or Brian Barrett, each of the Office 

of Associate Chief Counsel 

(Passthroughs and Special Industries) at 

(202) 317–6850; concerning proposed 

§ 1.56A–22, Ian Follansbee at (202) 317– 

6995, concerning proposed §§ 1.56A–24 

and 1.56A–25, Vanessa Mekpong at 

(202) 317–6842, each of the Office of 

Associate Chief Counsel (Financial 

Institutions and Products); concerning 

submissions of comments or the public 

hearing, the Publications and 

Regulations Section, at (202) 317–6901 

(not toll-free numbers) or by email at 

publichearings@irs.gov (preferred). 

SUPPLEMENTARY INFORMATION: A notice 

of proposed rulemaking and request for 

comments that appeared in the Federal 

Register on Friday, September 13, 2024 

(89 FR 75062) announced that written or 

electronic comments must be received 

by December 12, 2024. The due date to 

receive comments has been extended to 

Thursday, January 16, 2025. The public 

hearing has not been extended and is 

still scheduled for January 16, 2025, at 

10 a.m. ET. The deadline for submitting 

requests to speak at the hearing and 

submitting outlines for speaking at the 

hearing has not been extended and is 

still December 12, 2024, as originally 

stated in the notice of proposed 

rulemaking and notice of public hearing 

(REG–112129–23). Requests to speak at 

the public hearing must be made by 

email to publichearings@irs.gov and still 

must be received by December 12, 2024. 

Persons who wish to present oral 

comments at the public hearing must 

submit written or electronic comments 

and an outline of the topics to be 

discussed as well as the time to be 

devoted to each topic, not to exceed ten 

minutes in total, by December 12, 2024. 

Kalle L. Wardlow, 

Federal Register Liaison, Publications & 

Regulations Section, Associate Chief Counsel, 

(Procedure and Administration). 

[FR Doc. 2024–28217 Filed 12–3–24; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 73 

[NPS–WASO–OIA–DTS–36537; 

PPWODIREI0–PIN00IO15.XI0000– 

234P104215] 

RIN 1024–AE82 

World Heritage Convention 

AGENCY: National Park Service, Interior. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

revise regulations governing the 

National Park Service’s coordination of 

U.S. participation in the Convention 

Concerning the Protection of the World 

Cultural and Natural Heritage. The 

proposed changes would reflect updates 

to the Operational Guidelines for the 

Implementation of the World Heritage 

Convention that have been made by the 

United Nations Educational, Scientific, 

and Cultural Organization 

Intergovernmental Committee for the 

Protection of the World Cultural and 

Natural Heritage since the regulations 

were first promulgated in 1982. 

DATES: Comments on the proposed rule 

must be received by 11:59 p.m. ET on 

February 3, 2025. 

ADDRESSES: You may submit comments, 

identified by Regulation Identifier 

Number (RIN) 1024–AE82, by either of 

the following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail or hand deliver to: Office of 

International Affairs, National Park 

Service, 1849 C Street NW, Room 2415, 

Washington, DC 20240. Comments 

delivered on external electronic storage 

devices (flash drives, compact discs, 

etc.) will not be accepted. 

• 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–AE82) for this 

rulemaking. Comments received will be 

posted without change to https://

www.regulations.gov, including any 

personal information provided. 

• Docket: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov and search for 

‘‘1024–AE82.’’ 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Putnam, Office of International 

Affairs, National Park Service, (202) 

354–1809, jonathan_putnam@nps.gov 

and international_affairs@nps.gov. 

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-ofcontact 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 

The Convention Concerning the 

Protection of the World Cultural and 

Natural Heritage (the Convention) was 

ratified by the U.S. Senate on October 

26, 1973. The purpose of the 

Convention is to enhance worldwide 

understanding and appreciation of 

heritage conservation, and to recognize 

and preserve natural and cultural 


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properties throughout the world that 

have outstanding universal value. The 

World Heritage List is an international 

list of cultural and natural properties 

judged to possess outstanding universal 

value. Properties are nominated by the 

signatories to the Convention. The 

United Nations Educational, Scientific, 

and Cultural Organization 

Intergovernmental Committee for the 

Protection of the World Cultural and 

Natural Heritage (the Committee) is the 

governing body of the Convention. The 

Committee is composed of elected 

representatives of 21 nations and is 

responsible for implementing the 

Convention at the international level. 

Countries represented on the Committee 

are elected by participating nations. The 

Committee establishes criteria which 

properties must satisfy for inclusion on 

the World Heritage List. At its annual 

meeting, the Committee decides which 

properties to accept on the World 

Heritage List. Currently, there are 1,199 

properties on the World Heritage List 

that are located in 168 of the 195 

signatory countries. Twenty-five sites on 

the World Heritage List are located in 

the United States, including several 

units of the National Park System (e.g., 

Mesa Verde National Park, Carlsbad 

Caverns National Park). Another 

property located in the United States 

has been nominated and is pending 

consideration by the Committee. 

Title IV of the National Historic 

Preservation Act (NHPA) Amendments 

of 1980 (54 U.S.C. 307101) instructs the 

Department of the Interior (the 

Department) to direct and coordinate 

participation by the United States in the 

Convention. Regulations at 36 CFR part 

73 implement the Convention pursuant 

to the 1980 NHPA Amendments. The 

Department, through the National Park 

Service (NPS), promulgated these 

regulations in 1982 (47 FR 23397) and 

made minor updates in 2001 (66 FR 

57878). The regulations address (1) the 

U.S. World Heritage nomination 

process; (2) the criteria for inclusion on 

the World Heritage List and their 

application to nominated properties; (3) 

the role of the Federal Interagency Panel 

for World Heritage; (4) the protection of 

U.S. World Heritage properties; (5) 

International World Heritage activities; 

and (6) public information and 

education activities. The regulations 

also define key terms and explain the 

purpose and authority for the 

regulations and the role of the Assistant 

Secretary for Fish and Wildlife and 

Parks. 

Since the NPS promulgated the 

regulations in 1982, the Committee has 

amended the Operational Guidelines for 

the Implementation of the World 

Heritage Convention (the Operational 

Guidelines) on numerous occasions, 

most recently in September 2023. The 

Operational Guidelines establish 

detailed procedures for (1) the inclusion 

of properties on the World Heritage List 

at the international level; (2) the 

protection and conservation of World 

Heritage properties; (3) the 

implementation of the World Heritage 

Fund; and (4) mobilization of support 

for the Convention. 

Executive Summary 

In this rulemaking, the NPS proposes 

to bring the regulations in part 73 in line 

with the Operational Guidelines and the 

current practice of program 

implementation by the NPS on behalf of 

the United States. The changes also 

would streamline certain procedural 

steps and provide clarity that would 

benefit the Department and the public. 

The proposed changes to each section of 

the existing regulations are explained 

below. In addition to the changes 

described below, the NPS would make 

non-substantive, editorial changes to the 

regulations to improve their readability. 

The NPS welcomes public comments on 

these changes and hopes to receive 

meaningful input as it considers a final 

rule. 

Section 73.1 Purpose 

Section 73.1 explains the purpose of 

the regulations. The NPS proposes to 

revise this section to remove references 

to the statutory authority for 

promulgating the regulations. The 

authority for promulgating the 

regulations is stated in section 73.5 

(Authority). 

Section 73.3 Definitions 

Section 73.3 defines terms used in 

part 73. The NPS proposes to reorganize 

the defined terms in alphabetical order 

and add definitions for the following 

terms: ‘‘Advisory Bodies,’’ ‘‘NPS,’’ 

‘‘Operational Guidelines,’’ ‘‘Preliminary 

Assessment,’’ ‘‘Secretary,’’ ‘‘Tentative 

List,’’ and ‘‘State Party.’’ The NPS 

proposes to shorten the definition of 

‘‘Committee’’ to remove explanatory 

information that does not need to be in 

the definition and an outdated reference 

to six-year terms. Governments that 

have signed or become a party to the 

Convention now voluntarily limit their 

terms to four years. The NPS proposes 

to revise the definition of ‘‘Owner’’ to 

remove unnecessary language about 

nominations and refer to property 

interests rather than ownership to avoid 

a circular definition. The NPS proposes 

to further revise the definition to clarify 

that an owner means an individual, 

entity, government, or Indian Tribe that 

has a fee simple interest in all or part 

of a property, or in the case of an Indian 

Tribe a restricted fee interest, or a less 

than fee simple interest that is integral 

to the entire property’s outstanding 

universal value. The revised definition 

would specifically refer to property 

interests held by an Indian Tribe or held 

in trust by the United States for the 

benefit of an Indian Tribe. Although 

there has never been a prohibition on 

nominating Tribal properties, and Tribal 

properties have been nominated in the 

past, these changes would clarify that 

Tribal properties may be nominated and 

that Indian Tribes will be considered 

the owners of those lands for purposes 

of the regulations regardless as to 

whether the properties are held in trust 

by the United States. This means that 

when a Tribal property is held in trust 

by the United States, the United States 

is not an owner of the property for 

purposes of these regulations and, as a 

result, the concurrence of the United 

States is not required for nominations. 

The NPS proposes to remove the 

definition of ‘‘Owner concurrence’’ and 

instead explain in the regulatory text 

that all property owners must concur in 

writing to nominations. The NPS 

proposes to remove the definitions of 

‘‘Cultural Heritage’’ and ‘‘Natural 

Heritage’’ because they would be used 

only once in the revised regulations. 

Instead, the NPS would refer to the 

Articles of the Convention where they 

are defined. 

Section 73.5 Authority 

Section 73.5 identifies the statutory 

authority for the regulations. The NPS 

proposes to update the authority 

citation to reflect recodification of NPS 

statutory authorities from title 16 to title 

54 of the U.S. Code. 

Section 73.7 World Heritage 

Nomination Process 

The regulations in this section set 

forth the procedures governing the 

nomination process. The NPS proposes 

to remove the question-and-answer 

format and make the following 

substantive revisions: 

1. Be more specific about the role of 

the Federal Interagency Panel for World 

Heritage in various stages of the 

nomination process. 

The NPS proposes to revise 

paragraphs (a)(4) and (5), (d)(3), and (f) 

to state that the NPS may consult with 

individual members of the Panel about 

matters in which they have expertise. 

Although the existing regulations do not 

prohibit consultation, these changes 

would emphasize its value as part of the 

Panel’s role by stating clearly that 

consultation is allowed. 


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2. Revise the process for adding sites 

to the U.S. World Heritage Tentative List 

for consistency with the Operational 

Guidelines. 

The NPS proposes to change the 

process for adding sites to the U.S. 

World Heritage Tentative List so that it 

is consistent with the Operational 

Guidelines. Existing regulations in 

paragraph (a)(2) state that the Assistant 

Secretary initiates the nomination 

process by publishing a ‘‘First Notice’’ 

requesting suggestions for candidate 

sites for the World Heritage List in the 

Federal Register. The Operational 

Guidelines do not require that the 

process for adding sites to the Tentative 

List be part of the process for 

authorizing and submitting nominations 

to the World Heritage List. These 

processes now operate on separate 

schedules. This rule would revise 

paragraph (a)(2) to refer only to the 

process for adding properties to the 

Tentative List, which would include 

consultation with the NPS and 

appropriate members of the Panel, and 

the publication of a notice in the 

Federal Register seeking public 

comment. In paragraphs (c) and (d), the 

rule would add information about the 

purpose and scope of the Tentative List 

and remove the obsolete term 

‘‘Indicative Inventory.’’ In paragraph 

(c)(2), the rule would include a 

complete list of factors the Assistant 

Secretary may consider when deciding 

which properties to include on the 

Tentative List, including requirements 

that also apply to the nomination 

process and other requirements in the 

Operational Guidelines. Paragraph (c)(4) 

would state that the Department may 

update the Tentative List when 

warranted, but generally every ten years. 

Lastly, the NPS proposes to remove a 

requirement in the existing regulations 

that the Assistant Secretary publish the 

Tentative List in the Federal Register 

whenever a new nomination is 

considered. Instead, the proposed rule 

would require the NPS to publish the 

Tentative List in the Federal Register 

when it has been comprehensively 

updated by the Assistant Secretary. 

Publication of other changes would be 

at the discretion of the NPS. 

3. Require a Preliminary Assessment 

for properties on the Tentative List prior 

to nomination. 

In 2021, the Committee adopted a 

decision that will require the advisory 

bodies to the Committee—the 

International Union for Conservation of 

Nature, for sites of natural heritage, and 

the International Council on 

Monuments and Sites, for sites of 

cultural heritage—to provide a 

Preliminary Assessment to the 

requesting state party to the Convention 

about the potential of a site to have 

outstanding universal value before it 

can be nominated for the World 

Heritage List. Preliminary Assessments 

will be phased in starting with optional 

requests in 2023. Preliminary 

Assessments will be required for all 

nominations submitted after February 1, 

2026. Consistent with this new 

requirement, the rule would revise 

paragraph (a)(3) to require the NPS, if 

required by the Operational Guidelines, 

to submit a request to the UNESCO 

World Heritage Centre for a Preliminary 

Assessment before recommending any 

property on the Tentative List for 

nomination. Revisions to paragraph 

(a)(4) would require the Assistant 

Secretary, prior to authorizing the 

preparation of a nomination, to receive 

a Preliminary Assessment, if that report 

is required by the Operational 

Guidelines. Paragraph (b)(4) would state 

that, in ordinary circumstances, the 

Preliminary Assessment should 

conclude that the property has potential 

to demonstrate outstanding universal 

value before the Assistant Secretary may 

consider it for nomination. The 

Assistant Secretary may consider a 

property for nomination even if the 

Preliminary Assessment concludes that 

the property does not have potential to 

meet this standard, but this should 

rarely or never happen. 

4. Require verification of property 

ownership and appropriate legal 

protections for properties to be 

nominated. 

The NPS proposes to revise paragraph 

(d)(3) to require verification of 

ownership and a review of legal 

protections before a property can be 

authorized for nomination. These steps 

are part of the process now but have 

typically occurred after nominations 

have been authorized and drafted. This 

change would ensure that any questions 

about ownership or legal protections 

would be identified before the 

nomination is authorized. 

5. Supplement qualifications for 

national significance. 

The 1980 NHPA Amendments (54 

U.S.C. 307101) require properties in the 

United States to be of national 

significance before they can be 

nominated to the World Heritage List. 

The existing regulations identify several 

ways that a property may be considered 

nationally significant, including 

properties that the U.S. Congress has 

established as nationally significant and 

areas the President has proclaimed as a 

National Monument under the 

Antiquities Act of 1906 (16 U.S.C. 433). 

The NPS proposes to expand these 

qualifications to include any property 

established by a Federal agency as 

nationally significant under an authority 

provided by the United States Congress, 

and units of the National Park System, 

National Wildlife Refuges, National 

Marine Sanctuaries, and National 

Forests. Inclusion on the National 

Register of Historic Places or in a 

National Heritage Area, alone, would 

not qualify a property as nationally 

significant. 

6. Simplify owner concurrence 

requirements. 

The NPS proposes to consolidate 

paragraphs (b)(2)(i)–(iii) into one 

paragraph that includes existing 

requirements for all property owners to 

concur in writing to any nomination, 

and for owners of private property also 

to certify the protection of the property 

as required elsewhere in the regulations. 

This rule would remove references in 

section 73.7 and 73.13 to private parties 

controlling property, rather than owning 

it, regarding the need to obtain 

concurrence prior to nominations and to 

satisfy protection requirements. The 

1980 NHPA Amendments do not 

mention non-Federal property being 

controlled, but not owned, for obtaining 

concurrence prior to nominations or 

other purposes. 

7. Authorizing preparation of a U.S. 

World Heritage nomination. 

As discussed previously, the NPS is 

proposing to separate the process for 

adding properties to the Tentative List 

from the process for nominating 

properties to the World Heritage List, 

consistent with current practice. 

Accordingly, certain provisions that 

appear in existing paragraph (i) about 

the approval and submission of 

nominations would be moved to new 

paragraph (c) in the revised regulations, 

which would be dedicated to the 

process for the Tentative List. These 

provisions include ownership 

verification and review of the property’s 

legal protections. The provisions 

governing nominations to the World 

Heritage List would be moved and 

consolidated into new paragraphs (d)– 

(g), which would address authorizing 

the preparation of a nomination, 

preparing a nomination, evaluating a 

nomination, and approving and 

submitting a nomination, respectively. 

The provisions in paragraph (d) about 

authorizing the preparation of a 

nomination would incorporate the need 

to obtain and consider the content of a 

Preliminary Assessment before the NPS 

prepares a recommendation for the 

Assistant Secretary. 

In addition, the NPS proposes to 

eliminate a requirement in paragraph 

(f)(1) of the existing regulations to 

publish notice in the Federal Register 


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that a property owner has been 

authorized to prepare a nomination 

document, which is referred to as a 

‘‘Second Notice.’’ An authorization to 

prepare a nomination document does 

not guarantee that the property will be 

approved for nomination and therefore 

is not substantive enough to require 

formal notification to the public. The 

revised regulations would direct the 

NPS to notify the property owners and 

the U.S. Congress that the Assistant 

Secretary has decided to authorize a 

nomination, and also when the 

Assistant Secretary has decided to 

submit a nomination to the World 

Heritage Committee. Existing 

regulations in paragraphs (f)(1) and (j) 

require the Assistant Secretary to 

provide notice, but this authority has 

been delegated to the NPS in practice. 

The rule would update the name of the 

applicable Committee in the U.S. House 

of Representatives from the ‘‘House 

Resources Committee’’ to the ‘‘House 

Natural Resources Committee.’’ The rule 

would no longer refer to the notice of 

submitted nominations as the ‘‘Third 

Notice.’’ 

Section 73.9 World Heritage Criteria 

The NPS proposes to revise this 

section to remove a recitation of the 

criteria used to assess whether a 

property has outstanding universal 

value. Instead, the rule would state that 

properties must meet at least one 

criterion that is published in the 

Operational Guidelines. The rule would 

state that the criteria are subject to 

revision by the Committee and refer to 

requirements in the Operational 

Guidelines about a property’s integrity 

and authenticity, and legal protection 

and management. These proposed 

revisions would streamline the 

regulatory text and ensure that the 

criteria and other requirements that 

apply to U.S. properties are the same as 

stated in the Operational Guidelines at 

the time of assessment. These criteria 

are readily available on the website of 

the UNESCO World Heritage Centre 

which can be accessed directly or 

through a link on the website of the NPS 

Office of International Affairs. The 

criteria also are stated in brochures and 

other public information made available 

by the NPS. 

Section 73.11 Federal Interagency 

Panel for World Heritage 

This section of the regulations defines 

the responsibilities and composition of 

the Panel. The NPS proposes to change 

paragraph (a) to clarify that the 

Assistant Secretary may consult not 

only with the entire Panel, but also with 

individual members of the Panel on 

World Heritage matters. The NPS 

proposes to change paragraph (b)(1)(ii) 

to clarify that, in its role as a member 

of the Panel, the NPS represents 

Associate Directorships that are 

responsible for managing cultural and 

natural resources, which is separate 

from the NPS’s administrative 

responsibilities stated elsewhere in the 

regulation. The NPS proposes to revise 

paragraph (b)(2) to clarify that 

additional representatives from other 

Federal agencies may have expertise in 

either natural or cultural heritage 

conservation. 

Section 73.13 Protection of World 

Heritage Properties 

This section of the regulations 

identifies in greater detail the protection 

measures that must be in place before 

the Assistant Secretary can nominate 

properties for inclusion on the World 

Heritage List. 54 U.S.C. 307101(c). The 

NPS proposes to revise paragraph (a)(1) 

to add language highlighting that the 

protection of World Heritage sites under 

the Convention is a government-wide 

obligation, to avoid an incorrect 

assumption that it is solely the 

responsibility of the Department. The 

NPS proposes to revise paragraph (c) to 

describe in more detail the protection 

measures required for private 

properties, including information about 

how the requirements may be satisfied. 

A statement at the end of paragraph (c) 

in the existing regulations, that 

protections are reviewed on a case-bycase basis, would become the first 

statement of the paragraph to make it 

clear that this approach governs the 

assessment. The rule would then 

provide examples of factors that the 

Assistant Secretary may consider when 

determining if protections are sufficient, 

such as the current and potential use of 

the property, the nature of its 

ownership, and the effectiveness of 

applicable legal instruments. The rule 

would move a statement describing the 

purpose of such legal instruments to the 

introductory language that appears 

before examples are given, to indicate 

that the statement applies to all of the 

examples. The stated purpose of such 

instruments is to sufficiently prohibit 

any use or physical alteration that is not 

consistent with, or which threatens or 

damages the property’s universally 

significant value. 

The existing regulations state that a 

written covenant or other trust or legal 

arrangement that prohibits in perpetuity 

any use that is not consistent with, or 

which threatens or damages the 

property’s universally significant 

values, satisfy the protection 

requirements for private properties, 

provided there is an opinion of counsel 

on the legal status and enforcement of 

such a prohibition. Instead of 

identifying specific instruments that 

satisfy the protection requirements, the 

NPS proposes to provide examples of 

instruments that may satisfy the 

protection requirements. The rule 

would retain, as an example, a written 

covenant executed by the owner and 

continue to refer to other trusts or legal 

arrangements that may satisfy the 

protection requirements, with specific 

reference to easements and local historic 

preservation ordinances that include 

substantive protection for the property. 

Since the existing regulations were first 

promulgated in 1982, standards for local 

historic preservation ordinances have 

been established and widely adopted 

through the Certified Local Government 

Program authorized by the National 

Historic Preservation Act and 

implemented by the NPS. See 54 U.S.C. 

chapter 3025 and 36 CFR part 61. These 

ordinances may offer an effective means 

of long-term protection, subject to 

review by the Assistant Secretary that 

they offer sufficient protection for a 

property. 

The NPS believes this approach is 

consistent with the 1980 NHPA 

Amendments that require legal 

protections as may be necessary to 

ensure preservation of the property and 

its environment. 54 U.S.C. 307101(c). 

The proposed rule would require the 

Assistant Secretary to determine, on a 

case-by-case basis, that the protections 

fulfill the mandate of the statute, giving 

consideration to what would constitute 

effective protection that is appropriate 

to the circumstances of the particular 

property. This approach is consistent 

with the intent of the 1980 Amendments 

and allows the Assistant Secretary to 

consider not just whether protections 

are in place, but also whether those 

protections are effective. The rule also 

would require private property owners 

to certify in writing to the protection 

measures for the property. The NPS 

believes that these revisions would 

provide the Assistant Secretary with 

more flexibility to determine that 

protections will ‘‘ensure preservation of 

the property and its environment’’ as 

required by the statute. 

The NPS proposes to remove a 

requirement that there be an ‘‘opinion of 

counsel’’ about the status and 

enforcement of covenants. This 

provision is vague and unnecessary 

because the rule would require a 

determination by the Assistant Secretary 

that the protections are sufficient and 

comply with the standard for protection 

in the 1980 NHPA Amendments. Lastly, 

the NPS proposes to remove a reference 


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to the property owner willingly 

providing a right of first refusal for the 

acquisition of private property because 

this has never been used in the 

program’s 45-year history and therefore 

is unnecessary. 

§ 73.17 Public Information and 

Education Activities 

This section of the regulations 

addresses the development and 

distribution of information and 

materials regarding the U.S. World 

Heritage properties and the Convention 

in general. The NPS proposes one 

revision to paragraph (c) that would 

remove an obsolete and unnecessarily 

specific reference to the distribution of 

slideshows. 

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 

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 

The NPS certifies that this document 

will 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.). A Regulatory 

Flexibility Analysis is not required. This 

proposed rule would revise regulations 

governing the NPS’s coordination of 

U.S. participation in the Convention. 

The costs and benefits of a regulatory 

action are measured with respect to its 

existing baseline conditions. No changes 

are anticipated compared to baseline 

conditions because this regulatory 

action is procedural in nature with the 

purpose of changing existing regulations 

to reflect updates to the Operational 

Guidelines and current administrative 

practice. All property owners must 

concur in writing to nominations, which 

means the application of this rule to 

private entities is completely voluntary. 

Nomination and approval of properties 

for inclusion on the World Heritage List 

recognizes their universally significant 

value and enhances public 

understanding and appreciation of 

heritage conservation. Only a small 

number of select U.S. properties will be 

considered for World Heritage status. 

Small entities may provide information 

or assistance in the preparation of 

nominations, but such participation is 

completely voluntary on their part. In 

some instances, small entities may be 

reimbursed for providing detailed site 

information and analysis. Designation of 

a property as a World Heritage site may 

enhance its tourism value. Any effects 

would likely be of a very localized 

nature and may be beneficial to small 

entities in the surrounding area. This 

action will not impose restrictions on 

local businesses in the form of fees, 

training, record keeping, or other 

measures that would increase costs. 

Congressional Review Act 

This rulemaking is not a major rule 

under 5 U.S.C. 804(2). 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 

This proposed rule does not impose 

an unfunded mandate on Tribal, State, 

or local governments or the private 

sector of more than $100 million per 

year. The proposed rule does not have 

a significant or unique effect on Tribal, 

State, or local 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 addresses 

procedures governing the NPS’s 

administration of the U.S. World 

Heritage Program and would not have 

substantial direct effects on the States, 

on the relationships between the 

Federal Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 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 and 

ANCSA Corporations (Executive Order 

13175 and Department Policy) 

The Department 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 


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Department’s Tribal consultation policy 

and has determined that Tribal 

consultation is not required because the 

proposed rule would not have a 

substantial direct effect on federally 

recognized Indian Tribes. 

Paperwork Reduction Act 

This proposed rule does not contain 

information collection requirements, 

and a submission to the Office of 

Management and Budget under the 

Paperwork Reduction Act is not 

required. 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. 

National Environmental Policy Act 

This rule does not constitute a major 

federal action significantly affecting the 

quality of the human environment. A 

detailed statement under NEPA is not 

required because the rule is covered by 

a categorical exclusion. NPS NEPA 

Handbook (2015) Section 3.2.H allows 

for the following to be categorically 

excluded: ‘‘policies, directives, 

regulations, and guidelines that are of 

an administrative, financial, legal, 

technical, or procedural nature.’’ This 

proposed rule addresses procedures 

governing the NPS’s administration of 

the U.S. World Heritage Program. The 

NPS has also determined that the 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 

proposed rule has not otherwise been 

designated by the Administrator of 

Office of Information and Regulatory 

Affairs as a significant energy action. A 

Statement of Energy Effects is 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 the NPS 

comments by one of the methods listed 

in the 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, 

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. 

While you can ask the NPS in your 

comment to withhold your personal 

identifying information from public 

review, the NPS cannot guarantee that it 

will be able to do so. 

List of Subjects in 36 CFR Part 73 

Foreign relations, Historic 

preservation. 

In consideration of the foregoing, the 

National Park Service proposes to 

amend 36 CFR part 73 as set forth 

below: 

PART 73—WORLD HERITAGE 

CONVENTION 

■ 1. Revise the authority citation for part 

73 to read as follows: 

Authority: 54 U.S.C. 307101. 

■ 2. Revise § 73.1 to read as follows: 

§ 73.1 Purpose. 

The purpose of this part is to set forth 

the procedures that the Department of 

the Interior, through the National Park 

Service, uses to direct and coordinate 

participation by the United States in the 

Convention Concerning the Protection 

of the World Cultural and Natural 

Heritage. The purpose of the Convention 

is to enhance worldwide understanding 

and appreciation of heritage 

conservation, and to recognize and 

preserve natural and cultural properties 

throughout the world that have 

outstanding universal value to mankind. 

■ 3. Revise § 73.3 to read as follows: 

§ 73.3 Definitions. 

Advisory Bodies means 

nongovernmental organizations that are 

given the responsibility in the 

Convention for advising the Committee 

on technical matters relating to natural 

and cultural heritage. The International 

Union for Conservation of Nature, or 

IUCN, advises on natural heritage, and 

the International Council on 

Monuments and Sites, or ICOMOS, 

advises on cultural heritage. 

Assistant Secretary means the 

Assistant Secretary for Fish and Wildlife 

and Parks, U.S. Department of the 

Interior, or a designee authorized to 

carry out the Assistant Secretary’s 

responsibilities. 

Committee means the United Nations 

Educational, Scientific, and Cultural 

Organization Intergovernmental 

Committee for the Protection of the 

World Cultural and Natural Heritage 

established by Article 8 of the 

Convention and assisted by UNESCO. 

Convention means the Convention 

Concerning the Protection of the World 

Cultural and Natural Heritage. 

Department means the U.S. 

Department of the Interior. 

NPS means the office of the National 

Park Service assigned responsibility for 

the administration of the U.S. World 

Heritage Program. 

Operational Guidelines means the 

Operational Guidelines for the 

Implementation of the World Heritage 

Convention adopted and periodically 

updated by the Committee that establish 

the criteria which properties must 

satisfy for inclusion on the World 

Heritage List and policy and procedures 

for the administration of the 

Convention. 

Owner means an individual, entity, 

government, or Indian Tribe that has a 

fee simple interest in all or part of a 

property, or in the case of an Indian 

Tribe a restricted fee interest, or a less 

than fee simple interest that is integral 

to the entire property’s outstanding 

universal value. For property interests 

held by a Federal, State, or local 

government, the owner is deemed to be 

the head of the agency responsible for 

administering the property, or a 

designee to whom such authority has 

been delegated. For property interests 

held by an Indian Tribe in fee simple or 

restricted fee, or held in trust by the 

United States for the benefit of an 

Indian Tribe, the owner is deemed to be 

the leader of the Indian Tribe or a 


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designee to whom such authority has 

been delegated. 

Panel means an interagency panel 

consisting of representatives from the 

Office of the Assistant Secretary, the 

National Park Service, and the U.S. Fish 

and Wildlife Service, within the 

Department; the President’s Council on 

Environmental Quality; the Smithsonian 

Institution; the Advisory Council on 

Historic Preservation; the National 

Oceanic and Atmospheric 

Administration within the Department 

of Commerce; and the Department of 

State. 

Preliminary Assessment means a 

report prepared by one or more of the 

Advisory Bodies that advises a State 

Party on the potential of a property to 

have outstanding universal value. 

Secretary means the Secretary of the 

Department, or a designee authorized to 

carry out the Secretary’s 

responsibilities. 

State Party means a national 

government that has signed, or become 

a party to, the Convention. 

Tentative List means the list required 

by the Committee and maintained by 

the Department, of properties within the 

territory of the United States from 

which the United States may submit 

nominations to the World Heritage List. 

UNESCO means the United Nations 

Educational, Scientific and Cultural 

Organization, which provides staff 

support for the Convention and its 

implementation. 

World Heritage List means the list 

established by Article 11 of the 

Convention that includes those cultural 

and natural properties judged to possess 

outstanding universal value. 

■ 4. Revise § 73.5 to read as follows: 

§ 73.5 Authority. 

The provisions contained in this part 

are based on the authority of the 

Secretary under title IV of the National 

Historic Preservation Act Amendments 

of 1980 (54 U.S.C. 307101) to direct and 

coordinate U.S. participation in the 

Convention, in cooperation with the 

Secretary of State, the Smithsonian 

Institution, and the Advisory Council on 

Historic Preservation. 

■ 5. Revise § 73.7 to read as follows: 

§ 73.7 World Heritage nomination process. 

(a) Overview. (1) The Assistant 

Secretary is the designated official who 

conducts the U.S. World Heritage 

Program and periodically nominates 

properties to the World Heritage List on 

behalf of the United States. The NPS 

provides staff support to the Assistant 

Secretary. 

(2) The Assistant Secretary 

periodically revises or adds properties 

to the Tentative List through a process 

that includes the advice of the NPS and 

members of the Panel with relevant 

expertise, as well as public input 

obtained by publishing a request for 

suggested additions in the Federal 

Register. 

(3) The NPS identifies properties on 

the Tentative List that appear to be 

ready for the preparation of a 

nomination proposal or for which 

additional advice from one or more of 

the Advisory Bodies is desired. For such 

properties, if required by the 

Operational Guidelines, the NPS 

submits a request for a Preliminary 

Assessment to the UNESCO World 

Heritage Centre, following the 

procedures in the Operational 

Guidelines. 

(4) The Assistant Secretary, with 

advice from the NPS and members of 

the Panel with relevant expertise, may 

authorize the preparation of a 

nomination of a property on the 

Tentative List after receiving a 

Preliminary Assessment, if required by 

the Operational Guidelines. 

(5) The property owner (or owners), in 

cooperation with the NPS, voluntarily 

prepares a detailed draft nomination 

document for the property that has been 

proposed for nomination. The NPS 

reviews the accuracy and completeness 

of draft nomination documents, with the 

advice of members of the Panel with 

relevant expertise, and makes a 

recommendation on the nomination to 

the Assistant Secretary. 

(6) The Assistant Secretary, after 

convening the Panel, decides whether to 

nominate the property and transmits 

approved nominations, through the 

Department of State, to the Committee 

to be considered for inclusion on the 

World Heritage List. 

(b) Requirements. A property must 

satisfy the following requirements 

before the Assistant Secretary may 

consider it for nomination: 

(1) The property must be nationally 

significant. For the purposes of this 

section, a property qualifies as 

‘‘nationally significant’’ if it is: 

(i) Designated by the Secretary as a 

National Historic Landmark (36 CFR 

part 65) or a National Natural Landmark 

(36 CFR part 62) under provisions of the 

1935 Historic Sites Act (54 U.S.C. 

chapter 3201); 

(ii) Established by Congressional 

action, or by a Federal agency under an 

authority provided by the United States 

Congress, as nationally significant; or 

(iii) Proclaimed by the President of 

the United States as a National 

Monument under the Antiquities Act of 

1906 (54 U.S.C. chapter 3203). 

(iv) Established as a National Wildlife 

Refuge, National Marine Sanctuary, 

National Forest, of a unit of the National 

Park System. 

(2) Except as stated below, all owners 

must concur in writing. Owners of 

private property also must certify in 

writing to the protection measures 

described in paragraph (c) of § 73.13 of 

this part. 

(3) The nomination document must 

include evidence of protection measures 

that are necessary to ensure the 

preservation of the property and its 

environment, as described in § 73.13 of 

this part. 

(4) In ordinary circumstances, the 

Preliminary Assessment should 

conclude that the property has potential 

to demonstrate outstanding universal 

value. 

(c) Tentative List. (1) Article 11 of the 

Convention requests each State Party to 

submit a list of candidate sites for the 

World Heritage List. The NPS compiles 

and maintains the Tentative List for 

properties within the territory of the 

United States. A property must be on 

the Tentative List for at least one year 

to be eligible for a Preliminary 

Assessment and potential nomination 

for inclusion on the World Heritage List. 

(2) The Assistant Secretary, with 

advice from the NPS and members of 

the Panel with relevant expertise, may 

revise or add properties to the Tentative 

List. Before adding a property to the 

Tentative List, the Assistant Secretary 

will consider: 

(i) Whether the property appears to 

satisfy one or more of the criteria for 

inclusion on the World Heritage List, as 

described in the Operational Guidelines; 

(ii) Whether it demonstrates a very 

high degree of integrity and (for cultural 

properties) authenticity as required by 

the Operational Guidelines; 

(iii) Whether the property meets the 

requirements in paragraphs (b)(1) and 

(3) of this section; 

(iv) How well the particular type of 

property is represented on the World 

Heritage List, both globally and in the 

United States. Such representation 

includes both geographic and thematic 

considerations; 

(v) The balance between cultural and 

natural properties already on the World 

Heritage List, both globally and in the 

United States; 

(vi) Opportunities that the property 

affords for public visitation, 

interpretation, and education; 

(vii) Potential threats to the property’s 

integrity or its current state of 

preservation; and 

(viii) Other relevant factors, including 

public interest and awareness of the 

property, and the potential for the 


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owner(s) to effectively fund and prepare 

a draft nomination document. 

(3) The Tentative List is not intended 

to be comprehensive of all types of 

nationally significant cultural and 

natural properties in the United States, 

but rather to focus on those that are 

significant in a global context. 

(4) The Assistant Secretary may 

undertake a comprehensive update to 

the Tentative List when warranted, but 

generally every ten (10) years. When 

this occurs, the NPS will publish notice 

in the Federal Register that requests 

suggested additions from the public. 

The NPS will publish the new Tentative 

List in the Federal Register after the 

Assistant Secretary completes a 

comprehensive update. The NPS may 

publish notice in the Federal Register of 

other changes made by the Assistant 

Secretary at its discretion. The Assistant 

Secretary transmits information to the 

UNESCO World Heritage Centre about 

changes to the Tentative List as 

specified in the Operational Guidelines. 

At any time, a government agency, 

private organization, or individual may 

suggest additions to the Tentative List 

by contacting the NPS, preferably with 

accompanying documentation. 

(d) Authorizing preparation of a U.S. 

World Heritage nomination. The 

following steps must be taken to 

authorize the preparation of draft 

nomination documents: 

(1) The NPS identifies a property on 

the Tentative List that appears to be 

ready to prepare a nomination or for 

which the NPS desires additional advice 

from one or more of the Advisory 

Bodies. The Operational Guidelines 

request that countries whose heritage is 

already well represented on the World 

Heritage List voluntarily limit their 

nominations through actions such as 

refraining from annual nominations, 

proposing only properties in categories 

that are under-represented on the World 

Heritage List, and linking a nomination 

with one presented by a country whose 

heritage is under-represented. The NPS 

will consider this guidance in the 

identification process. 

(2) If a Preliminary Assessment is 

required by the Operational Guidelines, 

the NPS submits a request for such 

report to the UNESCO World Heritage 

Centre, following the procedures in the 

Operational Guidelines. 

(3) Upon receipt of a Preliminary 

Assessment, if required by the 

Operational Guidelines, the NPS 

prepares a recommendation for the 

Assistant Secretary as to whether the 

Assistant Secretary should authorize the 

owners to prepare a draft nomination 

document. The NPS will consider the 

content of the Preliminary Assessment 

and may consult with members of the 

Panel with relevant expertise. This 

recommendation also will include 

determination or verification of 

ownership of the property proposed for 

nomination, and a review of legal 

protections for the property. 

(4) The Assistant Secretary, with 

advice from the NPS and members of 

the Panel with relevant expertise, may 

authorize the preparation of a 

nomination of a property on the 

Tentative List after receiving a 

Preliminary Assessment, if required by 

the Operational Guidelines, and a 

recommendation from the NPS. If the 

Assistant Secretary decides to authorize 

a nomination, the NPS will notify in 

writing the owner or owners of the 

property, the House Natural Resources 

Committee, and the Senate Energy and 

Natural Resources Committee. The NPS 

also may issue a press release about the 

proposed nomination. 

(e) Preparation of a U.S. World 

Heritage nomination. The owner or 

owners of a property are responsible for 

preparing a draft nomination document. 

The preparation of a draft nomination 

document is completely voluntary. The 

NPS oversees the preparation of the 

draft nomination document and ensures 

that it follows the procedures in this 

part and the format and procedures in 

the Operational Guidelines. 

(f) Evaluation of a U.S. World 

Heritage nomination. The draft 

nomination document serves as the 

basis for the Assistant Secretary’s 

decision to nominate a property to the 

World Heritage Committee for inclusion 

on the World Heritage List. The NPS 

reviews the accuracy and completeness 

of draft nomination documents, with the 

advice of members of the Panel with 

relevant expertise, and makes a 

recommendation on the nomination to 

the Assistant Secretary. 

(g) Approval and submission of a U.S. 

World Heritage nomination. (1) The 

Assistant Secretary, on behalf of the 

United States and based on personal 

evaluation of the draft nomination 

document and after convening the 

Panel, may nominate a property for 

inclusion on the World Heritage List if 

all of the requirements in paragraph (b) 

of this section are met. 

(2) The Assistant Secretary will send 

an approved nomination document, 

through the Department of State, to the 

Committee so that it is received before 

the deadline established in the 

Operational Guidelines for any given 

year; however, if the United States is 

cooperating with one or more other 

countries to nominate thematically or 

geographically linked properties in a 

single nomination, and the United 

States is not the country presenting the 

nomination, the Assistant Secretary will 

not submit the nomination to the 

Committee but will provide 

documentation of the U.S. government’s 

cooperation in the nomination as 

required by the Operational Guidelines. 

(3) Upon a decision by the Assistant 

Secretary to submit a nomination, the 

NPS will notify in writing the owner or 

owners of the property, the House 

Natural Resources Committee, and the 

Senate Energy and Natural Resources 

Committee. The NPS also will publish 

notice of the nomination in the Federal 

Register and the NPS will issue a press 

release. 

(4) Nomination by the United States 

does not place a property on the World 

Heritage List. Before a nominated 

property can be included on the World 

Heritage List it must be considered and 

approved by the Committee. This 

usually occurs at a Committee meeting 

in the year following the receipt of the 

nomination. 

■ 6. Revise § 73.9 to read as follows: 

§ 73.9 World Heritage criteria. 

(a) The Operational Guidelines 

identify cultural and natural criteria for 

the World Heritage List. Properties must 

meet at least one criterion, and can meet 

both cultural and natural criteria, in 

which case the property is considered 

‘‘mixed’’ heritage. The criteria are 

subject to revision by the Committee. 

The Operational Guidelines also detail 

requirements for integrity and 

authenticity, as well as for legal 

protection and management to ensure 

the conservation of the property (see 

§ 73.13). 

(b) [Reserved] 

(c) [Reserved] 

7. Amend § 73.11 by revising 

paragraph (a) introductory text, 

paragraph (b)(1)(ii), and paragraphs 

(b)(2) and (3). 

The revisions read as follows: 

§ 73.11 Federal Interagency Panel for 

World Heritage. 

(a) Responsibilities. The Panel is 

established to advise the Assistant 

Secretary on implementation of the 

Convention. Among other things, the 

Panel or any of its members assist in the 

following activities: 

* * * * * 

(b) * * * 

(1) * * * 

(ii) The NPS, representing the 

Associate Directorships that are 

responsible for cultural and/or natural 

resources. 

* * * * * 

(2) Additional representatives from 

other Federal agencies with mandates 


ddrumheller on DSK120RN23PROD with PROPOSALS1
96152 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Proposed Rules 

and expertise in the conservation of 

cultural or natural heritage, as those 

terms are defined in Articles 1 and 2 of 

the Convention, may be requested to 

participate in the Panel from time to 

time. 

(3) The Assistant Secretary chairs 

meetings of the Panel, and sets its 

agenda and schedule. The NPS provides 

staff support to the Panel. 

■ 8. Amend § 73.13 by: 

■ a. Revising paragraphs (a) and (c); and 

■ b. Removing the undesignated 

paragraph at the end of the section. 

The revisions read as follows: 

§ 73.13 Protection of U.S. World Heritage 

properties. 

(a) Requirements. (1) Article 5 of the 

Convention, as required in more detail 

in the Operational Guidelines, mandates 

that each participating nation shall take, 

insofar as possible, the appropriate 

legal, scientific, technical, 

administrative, and financial measures 

necessary for the identification, 

protection, conservation, preservation, 

and rehabilitation of properties of 

outstanding universal value. This is a 

government-wide obligation. 

(2) The nomination document for a 

property must include evidence of such 

legal protections as may be necessary to 

ensure preservation of the property and 

its environment, including, for example, 

restrictive covenants, easements, or 

other forms of protection (54 U.S.C. 

307101(c)). 

* * * * * 

(c) Protection Measures for Private 

Properties. For properties owned by 

private organizations or individuals, the 

protection measures for each property 

being considered for possible 

nomination to the World Heritage List 

will be reviewed by the Assistant 

Secretary on a case-by-case basis to 

ensure that they fulfill the mandate of 

54 U.S.C. 307101(c), giving 

consideration to what would constitute 

effective protection that is appropriate 

to the circumstances of the particular 

property. Such considerations may 

include the current and potential use of 

the property, the nature of its 

ownership, and the effectiveness of the 

applicable legal protection measures. 

(1) One or more of the following items 

may satisfy the protection requirements 

outlined in paragraph (a) of this section, 

if the Assistant Secretary determines 

that they sufficiently prohibit any use or 

physical alteration that is not consistent 

with, or which threatens or damages the 

property’s universally significant value: 

(i) Written covenant executed by the 

owner(s); or 

(ii) Other trust or legal arrangement, 

such as an easement or substantive 

protection under a local historic 

preservation ordinance. 

(2) [Reserved] 

§ 73.17 [Amended] 

■ 9. Amend § 73.17, in paragraph (c), by 

removing the text ‘‘slideshows,’’. 

Shannon A. Estenoz, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2024–27373 Filed 12–3–24; 8:45 am] 

BILLING CODE 4312–52–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

37 CFR Part 1 

[Docket No. PTO–P–2024–0003] 

RIN 0651–AD76 

Terminal Disclaimer Practice To 

Obviate Nonstatutory Double 

Patenting; Withdrawal 

AGENCY: United States Patent and 

Trademark Office, Department of 

Commerce. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: The USPTO is withdrawing 

the Notice of Proposed Rulemaking 

(NPRM) published in the Federal 

Register on May 10, 2024, that proposes 

to add a new requirement for an 

acceptable terminal disclaimer filed to 

obviate (that is, overcome) nonstatutory 

double patenting. 

DATES: The proposed rule published at 

89 FR 40439 on May 10, 2024, is 

withdrawn as of December 4, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Susy Tsang-Foster, Senior Legal 

Advisor, Office of Patent Legal 

Administration, at 571–272–7711; or 

Nicholas Hill, Legal Advisor, Office of 

Patent Legal Administration, at 571– 

270–1485. 

SUPPLEMENTARY INFORMATION: This 

action withdraws a proposed rule 

published in the Federal Register on 

May 10, 2024 (89 FR 40439), to add a 

new requirement for an acceptable 

terminal disclaimer that is filed to 

obviate (that is, overcome) nonstatutory 

double patenting. The proposed rule’s 

comment period was open from May 10, 

2024, to July 9, 2024. 

Reason for Withdrawal 

During the proposed rule’s 60-day 

comment period, the USPTO received 

more than 300 comments from a variety 

of stakeholders, including commenters 

both supporting and opposing the 

proposal. The comments are publicly 

available at the Federal eRulemaking 

Portal at www.regulations.gov/ 

document/PTO-P-2024-0003-0001. Of 

the comments received on the proposed 

rule, 256 comments were unique. 

In light of resource constraints, the 

USPTO has decided not to move 

forward with the proposed rule at this 

time and to withdraw the proposed rule. 

Despite the decision not to move 

forward with the proposed rule at this 

time, the USPTO appreciates and takes 

seriously the thoughtful perspectives 

raised by commenters. The USPTO will 

continue engaging with its stakeholders 

as it works to foster a balanced, robust, 

and reliable intellectual property 

system. 

Conclusion 

The proposed rule to add a new 

requirement for an acceptable terminal 

disclaimer that is filed to obviate 

nonstatutory double patenting, 

published in the Federal Register on 

May 10, 2024 (89 FR 40439), is hereby 

withdrawn. 

Katherine K. Vidal, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 2024–28263 Filed 12–3–24; 8:45 am] 

BILLING CODE 3510–16–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2024–0215; FRL–12351– 

01–R5] 

Air Plan Approval; Michigan and 

Minnesota; Revision to Taconite 

Federal Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to finalize 

nitrogen oxide (NOX) and/or sulfur 

dioxide (SO2) limits for the indurating 

furnaces at five taconite facilities in 

accordance with the procedures set 

forth in the Federal implementation 

plan (FIP) addressing the requirement 

for best available retrofit technology 

(BART) at taconite facilities. EPA is also 

proposing to modify the Upper 

Predictive Limit (UPL) equations used 

to establish NOX and SO2 emission 

limits under the FIP. Finally, EPA is 

proposing to revise reporting provisions 

to require reports to be submitted to 

EPA electronically. EPA is proposing 

these actions pursuant to sections 110 

and 169A of the Clean Air Act (CAA). 


ddrumheller on DSK120RN23PROD with PROPOSALS1