Federal Register / Vol. 89, No. 229 / Wednesday, November 27, 2024 / Proposed Rules 93531 

send only one copy of written 

comments if comments are filed in 

writing. 

The FAA will file in the docket all 

comments it receives, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this proposed rulemaking. Before acting 

on this proposal, the FAA will consider 

all comments it receives on or before the 

closing date for comments. The FAA 

will consider comments filed after the 

comment period has closed if it is 

possible to do so without incurring 

expense or delay. The FAA may change 

this proposal in light of the comments 

it receives. 

Privacy: In accordance with 5 U.S.C. 

553(c), DOT solicits comments from the 

public to better inform its rulemaking 

process. DOT posts these comments, 

without edits, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

Availability of Rulemaking Documents 

An electronic copy of this document 

may be downloaded through the 

internet at www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at www.faa.gov/air_

traffic/publications/airspace_

amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Operations office 

(see ADDRESSES section for address, 

phone number, and hours of 

operations). An informal docket may 

also be examined during regular 

business hours at the office of the 

Eastern Service Center, Federal Aviation 

Administration, Room 210, 1701 

Columbia Ave., College Park, GA 30337. 

Incorporation by Reference 

Class E airspace designations are 

published in Paragraph 6005 of FAA 

Order JO 7400.11, Airspace 

Designations and Reporting Points, 

which is incorporated by reference in 14 

CFR 71.1 on an annual basis. This 

document proposes to amend the 

current version of that order, FAA Order 

JO 7400.11J, Airspace Designations and 

Reporting Points, dated July 31, 2024, 

and effective September 15, 2024. These 

updates will be published in the next 

update to FAA Order JO 7400.11. FAA 

Order JO 7400.11J is publicly available 

as listed in the ADDRESSES section of this 

document. FAA Order JO 7400.11J lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Proposal 

The FAA proposes an amendment to 

14 CFR part 71 to amend Class E 

airspace by adding airspace extending 

upward from 700 feet above the surface 

within a 6-mile radius of ECU Health 

Roanoke Chowan Heliport, Ahoskie, 

NC. This action also proposes to correct 

the coordinates and airport name for 

Tri-County at Henry Joyner Field 

Airport. Additionally, this action would 

remove the city associated with the 

airport in the airspace legal description 

to comply with changes to FAA Order 

JO 7400.2P, Procedures for Handling 

Airspace Matters. Controlled airspace is 

necessary for the safety and 

management of instrument flight rules 

(IFR) operations in the area. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this proposed rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures,’’ prior to any final 

regulatory action by the FAA. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11J, 

Airspace Designations and Reporting 

Points, dated July 31, 2024, and 

effective September 15, 2024, is 

amended as follows: Paragraph 6005. 

Class E Airspace Areas Extending 

Upward from 700 feet or More Above 

the Surface of the Earth. 

* * * * * 

ASO NC E5 Ahoskie, NC 

Tri-County at Henry Joyner Field Airport, NC 

(Lat. 36°17′51′′ N, long. 77°10′15′′ W) 

ECU Health Roanoke Chowan Heliport, NC 

(Lat. 36°17′5′′ N, long. 76°59′44′′ W) 

That airspace extending upward from 

700 feet above the surface within a 6.5- 

mile radius of Tri-County at Henry 

Joyner Field Airport and within a 6-mile 

radius of ECU Health Roanoke Chowan 

Heliport. 

* * * * * 

Issued in College Park, Georgia, on 

November 21, 2024. 

Patrick Young, 

Manager, Airspace & Procedures Team North, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2024–27697 Filed 11–26–24; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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 passengercarrying motor vehicles. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
93532 Federal Register / Vol. 89, No. 229 / Wednesday, November 27, 2024 / Proposed Rules 

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; 

laura_a_miller@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 

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 

§ 7.18, rather than split between 

paragraph (b) of § 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 (§ 21.4), 

requirements to have medical 

prescriptions before bathing (§ 21.5), 

control of persons with diseases and 

other maladies (§ 21.6), health 

examinations and infectious diseases 

(§ 21.7), solicitation by bathhouse 

employees for tips (§ 21.9), loss of 

personal valuables (§ 21.10), and the 

redemption and loss of bath tickets 

(§§ 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 

§ 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. 


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1Water 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. 

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 

§ 7.18(b)(1) Definitions.• § 7.18(b) Use of 

water. 

• § 21.1 Definitions. 

Existing regulations in § 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 § 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 

§ 7.18(b)(2) Use of 

thermal water.

• § 7.18(b) Use of 

water. 

• § 21.3 Use of thermal water. 

Existing regulations in § 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 § 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 

§ 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 § 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 

§ 7.18(b) that physicians can prescribe 

the introduction of substances into 

thermal water for a bather. Bathing for 

medicinal purposes is not a 


ddrumheller on DSK120RN23PROD with PROPOSALS1
93534 Federal Register / Vol. 89, No. 229 / Wednesday, November 27, 2024 / Proposed Rules 

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. 

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 

§ 7.18(b)(3) Prohibited 

acts.

• § 21.1 Definitions. 

• § 21.2 Penalties 

• § 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, 


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Federal Register / Vol. 89, No. 229 / Wednesday, November 27, 2024 / Proposed Rules 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 

§ 21.1 and § 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 § 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 § 7.18, a violation of any 

provision of the rule would result in 

criminal penalties under § 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 

§ 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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
93536 Federal Register / Vol. 89, No. 229 / Wednesday, November 27, 2024 / Proposed Rules 

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-togovernment relationship with Indian 

Tribes through a commitment to 

consultation with Indian Tribes and 

recognition of their right to selfgovernance 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-togovernment 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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 229 / Wednesday, November 27, 2024 / Proposed Rules 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 

■ 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. 

■ 2. Amend § 7.18 by revising 

paragraphs (a) and (b) to read as follows: 

§ 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 § 7.18, 

which also may result in applicable 

penalties under § 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. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
93538 Federal Register / Vol. 89, No. 229 / Wednesday, November 27, 2024 / Proposed Rules 

(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] 

■ 3. Remove part 21, consisting of 

§§ 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 147 

[EPA–HQ–OW–2024–0357; FRL 12000–01– 

OW] 

West Virginia Underground Injection 

Control (UIC) Program; Class VI 

Primacy 

AGENCY: U.S. Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA or the Agency) 

has received a complete Underground 

Injection Control (UIC) program revision 

package from the State of West Virginia 

(State), requesting approval of a revision 

to the State’s Safe Drinking Water Act 

(SDWA) section 1422 UIC program to 

include Class VI injection well primary 

enforcement responsibility (primacy). 

The proposed revision would allow the 

West Virginia Department of 

Environmental Protection (WVDEP) to 

issue UIC permits for geologic carbon 

sequestration facilities as Class VI wells 

and ensure compliance of Class VI wells 

under the UIC program. The EPA 

proposes to issue a final rule approving 

West Virginia’s application to 

implement the UIC program for Class VI 

injection wells located within the State, 

except those on Indian lands. The EPA 

proposes amendments to reflect this 

proposed approval of West Virginia’s 

Class VI primacy application. 

DATES: Comments must be received on 

or before December 30, 2024. Public 

hearing: The EPA will hold a public 

hearing on December 30, 2024. Please 

refer to the SUPPLEMENTARY INFORMATION

section for additional information on 

the public hearing. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–HQ– 

OW–2024–0357 by any of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov/ (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Water Docket, Mail Code 28221T, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460. 

• Hand Delivery or Courier: EPA 

Docket Center, WJC West Building, 

Room 3334, 1301 Constitution Avenue 

NW, Washington, DC 20004. The Docket 

Center’s hours of operations are 8:30 

a.m. to 4:30 p.m., Monday–Friday 

(except Federal Holidays). 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received may be 

posted without change to https://

www.regulations.gov/, including 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Colin Dyroff, Drinking Water 

Infrastructure Development Division, 

Office of Ground Water and Drinking 

Water (4606M), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460; 

telephone number: (202) 564–3149; or 

Himanshu Vyas, Water Division, Source 

Water & UIC Section (3WD22), 

Environmental Protection Agency, 

Region 3, Four Penn Center, 1600 JFK 

Boulevard, Philadelphia, PA 19103; 

telephone number: (215) 814–2112. 

Both can be reached by emailing 

WVClassVI@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Public Participation 

A. Written Comments 

B. Participation in Public Hearing 

C. Public Participation Activities 

Conducted by West Virginia 

II. Introduction 

A. UIC Program and Primary Enforcement 

Authority (Primacy) 

B. Class VI Wells Under the UIC Program 

C. West Virginia UIC Program 

III. Legal Authorities 

IV. The EPA’s Evaluation of West Virginia’s 

Program Revision Application 

A. Background 

B. Environmental Justice in Class VI 

Permitting 

C. Summary of the EPA’s Comprehensive 

Evaluation 

V. The EPA’s Proposed Action 

A. Incorporation by Reference 

B. Class I–V Codification—No Action 

VI. Statutory and Executive Orders Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations and Executive Order 14096: 

Revitalizing Our Nation’s Commitment 

to Environmental Justice for All 

VII. References 

I. Public Participation 

A. Written Comments 

Submit your comments, identified by 

Docket ID No. EPA–HQ–OW–2024– 

0357, at https://www.regulations.gov 

(our preferred method), or the other 

methods identified in the ADDRESSES

section. Once submitted, comments 

cannot be edited or removed from the 

docket. The EPA may publish any 

comment received to its public docket. 

Do not submit to the EPA’s docket at 

https://www.regulations.gov any 

information you consider to be 

Confidential Business Information (CBI), 

Proprietary Business Information (PBI), 

or other information whose disclosure is 

restricted by statute. If you need to 

submit CBI, contact Himanshu Vyas 

with the contact information available 

in the FOR FURTHER INFORMATION

CONTACT section. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 


ddrumheller on DSK120RN23PROD with PROPOSALS1