1374 Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Proposed Rules 

IV. Statutory and Executive Order 

Reviews 

Executive Order 12866—Regulatory 

Planning and Review and Executive 

Order 13563—Improving Regulation 

and Regulatory Review 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs in the Office of Management and 

Budget (OMB) will review all significant 

rules. Pursuant to OMB guidance, dated 

October 12, 1993, the approval of State 

program and/or AML plan amendments 

is exempted from OMB review under 

Executive Order 12866. Executive Order 

13563, which reaffirms and 

supplements Executive Order 12866, 

retains this exemption. 

Other Laws and Executive Orders 

Affecting Rulemaking 

When a State submits a program 

amendment to OSMRE for review, our 

regulations at 30 CFR 732.17(h) require 

us to publish a notice in the Federal 

Register indicating receipt of the 

proposed amendment, its text or a 

summary of its terms, and an 

opportunity for public comment. We 

conclude our review of the proposed 

amendment after the close of the public 

comment period and determine whether 

the amendment should be approved, 

approved in part, or not approved. At 

that time, we will also make the 

determinations and certifications 

required by the various laws and 

executive orders governing the 

rulemaking process and include them in 

the final rule. 

List of Subjects in 30 CFR Part 926 

Intergovernmental relations, Surface 

mining, Underground mining. 

David Berry, 

Regional Director, Western Region. 

[FR Doc. 2022–00324 Filed 1–10–22; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

[NPS–MORA–31539; PPPWMORAS1 

PPMPSPD1Z.YM0000] 

RIN 1024–AE66 

Mount Rainier National Park; Fishing 

AGENCY: National Park Service, Interior. 

ACTION: Proposed rule. 

SUMMARY: The National Park Service 

proposes to remove from the Code of 

Federal Regulations special fishing 

regulations for Mount Rainier National 

Park, including those that restrict the 

take of nonnative species. Instead, the 

National Park Service would publish 

closures and restrictions related to 

fishing in the Superintendent’s 

Compendium for the park. This action 

would help implement a 2018 Fish 

Management Plan that aims to conserve 

native fish populations and restore 

aquatic ecosystems by reducing or 

eliminating nonnative fish. 

DATES: Comments must be received by 

11:59 EDT on March 14, 2022. 

ADDRESSES: You may submit comments, 

identified by Regulation Identifier 

Number (RIN) 1024–AE66, by either of 

the following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail or hand deliver to: National 

Park Service, Mount Rainier National 

Park, Attn: Superintendent, 55210 238th 

Avenue East, Ashford, WA 98304. 

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–AE66) for this 

rulemaking. Comments received may be 

posted without change to 

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to 

www.regulations.gov and search for 

‘‘1024–AE66.’’ 

FOR FURTHER INFORMATION CONTACT: 

Kevin Skerl, Chief of Natural and 

Cultural Resources, Mount Rainier 

National Park, National Park Service; 

phone: (360) 569–2211; email: kevin_

skerl@nps.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Significance of the Park 

Mount Rainier National Park 

encompasses 236,381 acres in west 

central Washington, on the western and 

eastern slopes of the Cascade Range. 

About 83 percent of the park is located 

in Pierce County and 17 percent is 

located in Lewis County. The park’s 

northern boundary is approximately 65 

miles southeast of the Seattle-Tacoma 

metropolitan area and 65 miles west of 

Yakima. The elevations of the park 

range from about 1,400 feet at the 

Tahoma Woods Administrative Site to 

14,410 feet at the summit of Mount 

Rainier. About two million people visit 

the park annually, with most visitation 

(75 percent) occurring between June and 

September. In 1988, Congress 

designated approximately 97 percent 

(228,480 acres) of the park as wilderness 

under the Washington Park Wilderness 

Act. 

The focal point of the park is Mount 

Rainier, a towering snow- and icecovered volcano that is a prominent 

landmark in the Pacific Northwest. 

Mount Rainier is the second most 

seismically active and most hazardous 

volcano in the Cascade Range. The 26 

major glaciers that flank the upper 

mountain cover 35 square miles. Steep 

glaciated valleys and ice carved peaks 

dominate the park landscape. The 

Carbon, Mowich, White, West Fork 

White, Nisqually, South Puyallup, and 

North Puyallup rivers and their 

tributaries carry water from Mount 

Rainier to the Puget Sound. The 

Ohanapecosh and Muddy Fork Cowlitz 

flow into the Cowlitz River and on into 

the Columbia River. There are 

approximately 470 mapped rivers and 

streams, including approximately 383 

perennial streams and 84 intermittent 

streams. With very few exceptions, park 

rivers and streams originate within the 

park. There are approximately 382 lakes 

and ponds, and over 3,000 acres of other 

wetland types (e.g., mineral geothermal 

springs, waterfalls) in the park. 

Approximately 29 of these lakes are in 

designated wilderness. Among those 

waterbodies not in wilderness are the 

Littorals Pond (White River watershed) 

and Mowich and Tipsoo lakes. 

Fish Resources in the Park 

The following 15 fish species are 

present in the rivers, streams and lakes 

within the park. Of these, 8 are native 

and 7 are nonnative. 

No. Scientific name Common name Occurrence 

1 ......... Oncorhynchus mykiss ........................................ rainbow trout ...................................................... Native (in some locations). 

2 ......... Oncorhynchus clarkii clarkii ............................... coastal cutthroat trout ........................................ Native. 

3 ......... Salvelinus confluentus ....................................... bull trout ............................................................. Native. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Proposed Rules 1375 

No. Scientific name Common name Occurrence 

4 ......... Oncorhynchus kisutch ....................................... coho salmon ...................................................... Native. 

5 ......... Oncorhynchus tshawytscha ............................... chinook salmon .................................................. Native. 

6 ......... Oncorhynchus gorbuscha .................................. pink salmon ........................................................ Native. 

7 ......... Prosopium williamsoni ....................................... mountain whitefish ............................................. Native. 

8 ......... Cottus confusus ................................................. shorthead sculpin ............................................... Native. 

9 ......... Cottus cognatus ................................................. slimy sculpin ...................................................... Nonnative. 

10 ....... Cottus rhotheus ................................................. torrent sculpin .................................................... Nonnative. 

11 ....... Oncorhynchus clarkii bouvieri ............................ Yellowstone cutthroat trout ................................ Nonnative. 

12 ....... Oncorhynchus clarkii lewisi ............................... westslope cutthroat trout ................................... Nonnative. 

13 ....... Salvelinus fontinalis ........................................... brook trout .......................................................... Nonnative. 

14 ....... Gasterosteus aculeatus ..................................... Alaskan stickleback, threespined stickleback .... Nonnative. 

15 ....... Oncorhynchus nerka .......................................... kokanee salmon ................................................. Nonnative. 

Fish populations naturally occur 

within the park in the nine large valley 

bottom rivers and their tributary 

junctions up to natural fish barriers. 

These rivers bear native fish 

populations of bull trout (Salvelinus 

confluentus), coastal cutthroat trout 

(Oncorhynchus clarkii clarkii), coho 

salmon (O. kisutch), rainbow (steelhead) 

trout (O. mykiss), Chinook salmon (O. 

tshawytscha), pink salmon (O. 

gorbuscha), mountain whitefish 

(Prosopium williamsoni) and shorthead 

sculpin (Cottus confusus). Nonnative 

sculpins present in the rivers include 

slimy sculpin (C. cognatus) and torrent 

sculpin (C. rhotheus). 

Prior to stocking efforts, there were no 

naturally occurring fish populations in 

any of the approximately 382 mapped 

lakes and ponds in the park. With the 

exception of those mentioned above, 

most of the mapped streams were also 

originally fishless. Early in the park’s 

history, the National Park Service (NPS) 

and others, including the state, 

introduced nonnative stocks of rainbow 

trout (O. mykiss), westslope cutthroat 

trout (O. clarkii lewisi), Yellowstone 

cutthroat trout (O. clarkii bouvieri), 

brook trout (Salvelinus fontinalis), and 

kokanee salmon (O. nerka) to enhance 

recreational fishing. According to 

unpublished park records, official 

stocking occurred from 1915 through 

1964 (49 years) in 38 streams, and from 

1915 through 1972 (57 years) in 44 

lakes. Stocking fish resulted in 

reproducing populations of nonnative 

fish in naturally fishless lakes. It also 

resulted in reproducing populations of 

nonnative fish in some rivers and 

streams where they compete with native 

fish. Additional unauthorized 

introductions of nonnative fish, 

including threespined stickleback 

(Gasterosteus aculeatus), have occurred 

since stocking ended. Reproducing 

populations of nonnative fish are now 

present in approximately 35 lakes and 

all of the park watersheds, including 

many streams and the nine major rivers. 

The presence of nonnative fish in the 

park has had widespread adverse effects 

on the distribution, abundance, age 

structure, genetics and behavior of 

native fish species, amphibians and 

other aquatic life. Nonnative fish prey 

on and compete with native fish, 

particularly bull trout. As a result, over 

time, populations of native fish within 

and outside the park have likely 

diminished where brook trout and other 

nonnative fish populations have been 

established. The U.S. Fish and Wildlife 

Service (USFWS) and National Marine 

Fisheries Service (NMFS) have listed 

populations of bull trout, Chinook 

salmon, and steelhead within the park 

as threatened under the Endagered 

Species Act (ESA). In 2010, the USFWS 

designated approximately 30 miles of 

streams in the park as bull trout critical 

habitat. In 2015, the USFWS issued a 

Bull Trout Recovery Plan that identified 

actions the NPS should take to protect 

bull trout within the park. 

NPS Authority To Manage Fishing 

The NPS has sole and exclusive 

jurisdiction over the lands and waters 

within Mount Rainier National Park. 16 

U.S.C. 95. The park’s enabling act 

directs the Secretary of the Interior, 

acting through the NPS, to make such 

regulations as the Secrerary deems 

necessary or proper to care for the park, 

including regulations that provide 

against the wanton destruction of the 

fish and game found within the park, 

and against their capture or destruction 

for the purposes of merchandise or 

profit. 16 U.S.C. 92. The NPS 

administers the park as a unit of the 

National Park System and has the 

authority to regulate the use of the park 

as it considers necessary or proper. 54 

U.S.C. 100751(a). This includes the 

authority to regulate activities on water 

located within the park that is subject to 

the jurisdiction of the United States. 54 

U.S.C. 100751(b). 

NPS Management Framework for 

Fishing 

General NPS fishing regulations are 

found in 36 CFR 2.3 and apply to all 

units of the National Park System. For 

example, § 2.3(d)(4) prohibits 

commercial fishing in NPS units, except 

where specifically authorized by 

Federal statute. Recreational fishing is 

allowed within NPS areas in accordance 

with state law, provided that the state 

law does not conflict with NPS fishing 

regulations. 36 CFR 2.3(a). Special 

fishing regulations are found in 36 CFR 

part 7 and apply only in specific NPS 

units that have promulgated special 

regulations for this purpose. Other NPS 

closures and restrictions related to 

fishing are established by the 

Superintendent under his or her 

discretionary authority in 36 CFR 1.5. 

This authority allows Superintenents to 

close all or a portion of a park area to 

a specific use or activity or impose 

conditions or restrictions on a use or 

activity. Pursuant to 36 CFR 1.7(b), 

these actions are compiled and 

maintained in what is commonly known 

as the Superintendent’s Compendium, 

which is typically available on the 

unit’s website, and do not appear in 36 

CFR. Actions taken by the 

Superintendent under the authority in 

36 CFR 1.5 may not conflict with 

regulations found in the CFR, including 

the general fishing regulations in § 2.3. 

NPS Management of Fishing in the Park 

Special fishing regulations for Mount 

Rainier National Park are found in 36 

CFR 7.5(a). These regulations were 

issued in 1969 (34 FR 17520) and last 

amended in 1976 (41 FR 14863). They 

close the following areas of the park to 

all fishing: (i) Tipsoo Lake; (ii) Shadow 

Lake; (iii) Klickitat Creek above the 

White River entrance water supply 

intake; (iv) Laughingwater Creek above 

the Ohanapecosh water supply intake; 

(v) Frozen Lake; (vi) Reflection Lakes; 

and (vii) Ipsut Creek above the Ipsut 

Creek Campground water supply intake. 

36 CFR 7.5(a)(1). Except for fishing with 


khammond on DSKJM1Z7X2PROD with PROPOSALS
1376 Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Proposed Rules 

artificial flies, the special regulations 

also close the Ohanapecosh River and 

its tributaries to all fishing. 36 CFR 

7.5(a)(2). The regulations state that there 

shall be no minimum size limit on fish 

that may be possessed. 36 CFR 7.5(a)(3). 

The regulations state that the daily catch 

and possession limit for fish taken from 

park waters shall be 6 pounds and 1 

fish, not to exceed 12 fish. 36 CFR 

7.5(a)(4). 

Other closures and restrictions related 

to fishing appear in the 

Superintendent’s Compendium for the 

park, which is available on the park’s 

website at https://www.nps.gov/mora/ 

learn/management/lawsand

policies.htm. Several of these closures 

and restrictions are intended to 

conserve native fish species and reduce 

or eliminate nonnative species. The 

Compendium states that all native fish 

species caught in streams must be 

released, but that the retention of 

kokanee and brook trout (both 

nonnative species) is permitted with no 

limit. The purpose of this action is to 

protect native fish species by requiring 

catch-and-release and to reduce 

populations of nonnative species by 

allowing them to be removed from the 

park. The Compendium closes 

Fryingpan Creek above the confluence 

of the White River to all fishing. This 

closure was established to protect native 

fish species (bull trout, Chinook salmon, 

and steelhead) that are listed as 

threatened under the ESA. The 

Compendium also closes Ghost Lake 

and Edith Creek Basin above the 

Paradise water supply to protect the 

potable water supply for White River 

and Paradise. The Compendium 

establishes fishing seasons for streams 

and rivers to protect the spawning 

season of listed, native species. Where 

fishing is allowed in lakes, there are no 

seasonal closures because, as noted 

above, fish are not native to lakes within 

the park. 

In September 2017, the NPS 

published a Fish Management Plan/ 

Environmental Assessment (the Plan). 

The purpose of the Plan is to direct 

long-term management for fish within 

lakes, rivers and streams within the 

park. During the development of the 

Plan, the NPS solicited information 

from the USFWS, the NMFS, the 

Washington Department of Fish and 

Wildlife, the Washington State Historic 

Preservation Office, and six affiliated 

American Indian tribes: The Nisqually 

Tribe of Indians, the Muckleshoot 

Indian Tribe, the Cowlitz Indian Tribe, 

the Puyallup Tribe of Indians, the 

Squaxin Island Tribe, and the 

Confederated Tribes and Bands of the 

Yakama Nation. The U.S. Forest Service, 

Mount Baker-Snoqualmie National 

Forest, also submitted comments during 

the public scoping period that occurred 

before the Plan was published. The Plan 

was open for a 30-day public comment 

period. 

On August 28, 2018, the Regional 

Director for Department of the Interior 

Unified Regions 8, 9, and 10 (formerly 

the Pacific West Region) approved a 

Finding of No Significant Impact 

(FONSI) selecting Alternative 2 in the 

Plan for implementation. This 

alternative calls for site-specific 

management actions to encourage 

recreational fishing opportunities for 

nonnative species and to protect native 

fish and habitat. In addition to 

increasing recreational angling 

opportunities for nonnative species, the 

alternative calls for suppressing or 

eradicating nonnative fish populations 

through administrative actions such as 

gillnetting, seining, electrofishing, and 

piscicides in selected locations. The 

selected alternative is consistent with 

actions required by the 2015 Bull Trout 

Recovery Plan issued by the USFWS. 

The NPS expects the eradication or 

suppression of nonnative fish to result 

in the increased survival and abundance 

of threatened and endangered species 

(bull trout, chinook salmon and 

steelhead) and improved habitat for 

native species. The Plan, which 

contains a full description of the 

purpose and need for taking action, the 

alternatives considered, and the 

environmental impacts associated with 

the considered alternatives, and the 

FONSI may be viewed on the park’s 

planning website at https://

parkplanning.nps.gov/mora by clicking 

on the link entitled ‘‘2018 Mount 

Rainier National Park Fisheries 

Management Plan Environmental 

Assessment and Finding of No 

Significant Impact’’ and then clicking 

on the link entitled ‘‘Document List.’’ 

Proposed Rule 

The proposed rule would remove 

special fishing regulations for the park 

that interfere with the successful 

implementation of the fish management 

strategy identified in the FONSI. These 

include the following closures and 

restrictions that limit the take of 

nonnative fish: (1) Closures at Ipsut 

Creek and (except for artificial 

flyfishing) the Ohanapecosh River; and 

(2) a daily catch and possession limit of 

six pounds and one fish, not to exceed 

12 fish. Removing these closures and 

restrictions would create new angling 

opportunities for nonnative species that 

are currently not authorized by 36 CFR 

7.5. The other closures and restrictions 

currently codified in the special 

regulations will be relocated to and 

maintained in the Superintendent’s 

Compendium because either they are 

necessary to protect the domestic 

potable water supply for White River, 

Sunrise, Ohanapecosh, and Paradise 

(the closures of Frozen Lake and streams 

with identified water supply intakes); or 

to protect fragile riparian vegetation (the 

closures of Tipsoo Lake, Shadow Lake 

and Reflection Lakes). Closures and 

restrictions in the special regulations 

also apply to the take of native fish 

species. These will be retained or 

modified in the Superintendent’s 

Compendium, consistent with the 

selected alternative in the FONSI, to 

help restore the natural abundance, 

diversity, dynamics, distribution, 

habitats and behaviors of native fish 

populations that were present in the 

park prior to the introduction of 

nonnative fish. The administrative 

flexibility offered by the 

Superintendent’s Compendium, which 

in most circumstances can be modified 

without notice and comment 

rulemaking (see 36 CFR 1.5(b)), provides 

a feasible and responsive method to 

meet the strategic goals identified in the 

FONSI to utilize adaptive management 

to alter management activities when 

needed based on monitoring and best 

available science. NPS regulations at 36 

CFR 1.7(b) require the Superintendent 

to update the Compendium at least 

annually. The NPS will ensure that the 

public has an opportunity to provide 

meaningful input prior to updating any 

closures or restrictions related to fishing 

in the Compendium. 

Consolidating all fishing closures and 

restrictions in the Compendium will 

make them more accessible and userfriendly for the public. Instead of having 

to look in two different places (the 

special regulations in 36 CFR 7.5 and 

the Superintendent’s Compendium on 

the park’s website), the public would be 

able to find all closures and restrictions 

related to fishing in one place. The NPS 

has already done this, informally, by 

producing a fishing pamphlet that is 

available at the park’s website at https:// 

www.nps.gov/mora/planyourvisit/ 

fishing-and-boating.htm. Moving all of 

the closures and restrictions related to 

fishing into the Compendium would 

consolidate the official versions of them 

in one place for legal purposes. 

Centralizing them in the Compendium 

would increase compliance, strengthen 

enforcement, and decrease public 

confusion and frustration. The NPS 

routinely responds to inquiries and 

requests for clarification from the State 

of Washington and members of the 

public regarding fishing opportunites 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Proposed Rules 1377 

and rules within the park. Placing all 

fishing closures and restrictions in the 

Compendium would make it easier for 

visitors to understand the rules and 

become better stewards of fishery 

resource at the park. In order to direct 

the public to the Compendium, the NPS 

proposes to replace the existing 

language in paragraph (a) of § 7.5 with 

a general statement that the 

Superintendent will establish fishing 

closures and restrictions, based on 

management objectives described in the 

park’s resource management plans, in 

accordance with the criteria and 

procedures in 36 CFR 1.5 and 1.7, 

including publication in the 

Superintendent’s Compendium. The 

rule would also state that fishing in 

closed waters or violating a fishing 

restriction established by the 

Superintendent is prohibited. Similar 

language is used in the special 

regulations for other NPS units, 

including Glacier National Park (36 CFR 

7.3) and Rocky Mountain National Park 

(36 CFR 7.7). 

Compliance With Other Laws, 

Executive Orders and Department 

Policy 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs in the Office of Management and 

Budget will review all significant rules. 

The Office of Information and 

Regulatory Affairs has determined that 

this rule is not significant. 

Executive Order 13563 reaffirms the 

principles of Executive Order 12866 

while calling for improvements in the 

Nation’s regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. The 

Executive order directs agencies to 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public 

where these approaches are relevant, 

feasible, and consistent with regulatory 

objectives. Executive Order 13563 

emphasizes further that regulations 

must be based on the best available 

science and that the rulemaking process 

must allow for public participation and 

an open exchange of ideas. We have 

developed this rule in a manner 

consistent with these requirements. 

Regulatory Flexibility Act 

This rule will not have a significant 

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 

‘‘Cost-Benefit and Regulatory Flexibility 

Threshold Analyses: Proposed Rule to 

Remove Special Regulations for Fishing 

at Mount Rainier National Park.’’ The 

document may be viewed on the park’s 

planning website at https://

parkplanning.nps.gov/mora by clicking 

on the link entitled ‘‘2018 Mount 

Rainier National Park Fisheries 

Management Plan Environmental 

Assessment and Finding of No 

Significant Impact’’ and then clicking 

on the link entitled ‘‘Document List.’’ 

Congressional Review Act 

This rule 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 rule would not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

rule would 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 rule would 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 rule would 

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 outside 

effects on other areas. A federalism 

summary impact statement is not 

required. 

Civil Justice Reform (Executive Order 

12988) 

This rule complies with the 

requirements of Executive Order 12988. 

This rule: 

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

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

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

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

Consultation With Indian Tribes 

(Executive Order 13175 and Department 

Policy) 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Indian 

Tribes through a commitment to 

consultation with Indian tribes and 

recognition of their right to selfgovernance and tribal sovereignty. We 

have evaluated this rule under the 

criteria in Executive Order 13175 and 

under the Department’s tribal 

consultation policy and have 

determined that tribal consultation is 

not required because the rule will have 

no substantial direct effect on federally 

recognized Indian tribes. During scoping 

for the Plan, the NPS solicited 

comments from six affiliated American 

Indian tribes: The Nisqually Tribe of 

Indians, the Muckleshoot Indian Tribe, 

the Cowlitz Indian Tribe, the Puyallup 

Tribe of Indians, the Squaxin Island 

Tribe, and the Confederated Tribes and 

Bands of the Yakama Nation. The NPS 

will continue to work with these tribes 

throughout the rulemaking process and 

implementation of the selection action 

in the Plan. 

Paperwork Reduction Act 

This 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. We may not conduct or 

sponsor and you are not required to 

respond to a collection of information 

unless it displays a currently valid 

Office of Management and Budget 

(OMB) control number. 

National Environmental Policy Act 

(NEPA) 

The NPS has prepared the Plan to 

determine whether this rule will have a 

significant impact on the quality of the 

human environment under the NEPA. 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. A 

detailed statement under the NEPA is 


khammond on DSKJM1Z7X2PROD with PROPOSALS
1378 Federal Register / Vol. 87, No. 7 / Tuesday, January 11, 2022 / Proposed Rules 

not required because of the FONSI. A 

copy of the Plan and FONSI may be 

viewed on the park’s planning website 

at https://parkplanning.nps.gov/mora 

by clicking on the link entitled ‘‘2018 

Mount Rainier National Park Fisheries 

Management Plan Environmental 

Assessment and Finding of No 

Significant Impact’’ and then clicking 

on the link entitled ‘‘Document List.’’ 

Effects on the Energy Supply (Executive 

Order 13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211. A Statement of Energy 

Effects is not required. 

Clarity of This Rule 

We are required by Executive Orders 

12866 (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 we publish 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 we have not met these 

requirements, send us comments by one 

of the methods listed in the ADDRESSES

section. To better help us revise the 

rule, your comments should be as 

specific as possible. For example, you 

should tell us the numbers of the 

sections or paragraphs that 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. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

List of Subjects in 36 CFR Part 7 

District of Columbia, National parks, 

Reporting and recordkeeping 

requirements. 

In consideration of the foregoing, the 

National Park Service proposes to 

amend 36 CFR part 7 as follows: 

PART 7—SPECIAL REGULATIONS, 

AREAS OF THE NATIONAL PARK 

SYSTEM 

■ 1. The authority for part 7 continues 

to read as follows: 

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

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

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

■ 2. In § 7.5, revise paragraph (a) to read 

as follows: 

§ 7.5 Mount Rainier National Park. 

(a) Fishing. (1) Fishing closures and 

restrictions, based on management 

objectives for the preservation of the 

park’s natural resources, are established 

by the Superintendent. 

(2) The Superintendent may establish 

closures and restrictions, in accordance 

with the criteria and procedures of § 1.5 

of this chapter, on any activity 

pertaining to fishing, including, but not 

limited to species of fish that may be 

taken, seasons and hours during which 

fishing may take place, methods of 

taking, and size, creel, and possession 

limits. 

(3) Except in emergency situations, 

the Superintendent will notify the 

public of any such closures or 

restrictions through one or more 

methods listed in § 1.7 of this chapter, 

including publication in the 

Superintendent’s Compendium (or 

written compilation) of discretionary 

actions referred to paragraph (b) of § 1.7. 

(4) Fishing in closed waters or 

violating a condition or restriction 

established by the Superintendent 

under this paragraph (a) is prohibited. 

* * * * * 

Shannon A. Estenoz, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2022–00231 Filed 1–10–22; 8:45 am] 

BILLING CODE 4312–52–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 2 

[Docket No. USCG–2018–0538] 

RIN 1625–AC55 

User Fees for Inspected Towing 

Vessels 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to update its user fees for seagoing 

towing vessels that are 300 gross tons or 

more and to revise user fees for other 

inspected towing vessels. The Coast 

Guard is proposing these updates 

because we are required to establish and 

maintain a fair fee for our vessel 

inspection services and to separate the 

fees for inspection options that involve 

third-party auditors and surveyors from 

inspection options that do not involve 

third parties. Under this proposed rule, 

vessels using the Alternate Compliance 

Program, Streamlined Inspection 

Program, or the Towing Safety 

Management System options would pay 

a lower fee than vessels that use the 

traditional Coast Guard inspection 

option. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before April 11, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2018–0538 using the Federal 

eRulemaking Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: For 

information about this document call or 

email Mr. Scott Kuhaneck, Coast Guard; 

telephone 202–372–1221, email 

Thomas.S.Kuhaneck@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Public Participation and Request for 

Comments 

II. Abbreviations 

III. Basis and Purpose 

A. The Problem We Seek To Address 

B. Legal Authority To Address This 

Problem 

C. Recent Legislation 

IV. Background 

A. Origins of Annual Vessel Inspection 

Fees 

B. Current Fees for Subchapter I and 

Subchapter M Towing Vessels 


khammond on DSKJM1Z7X2PROD with PROPOSALS