Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 2069 

available for demonstrations under this 

section, and for the sale or distribution 

of printed matter and the free 

distribution of other message-bearing 

items under § 2.52, only if these 

activities would not: 

* * * * * 

(2) The superintendent must 

designate on a map, which must be 

available in the office of the 

superintendent and by public notice 

under § 1.7 of this chapter, the locations 

designated as available for 

demonstrations, the sale or distribution 

of printed matter, and the free 

distribution of other message bearing 

items. 

* * * * * 

■ 3. Amend § 2.52 by: 

■ a. Revising the section heading; 

■ b. Revising the paragraph (a) subject 

heading; 

■ c. Adding two sentences at the end of 

paragraph (a); 

■ d. Revising paragraph (b) introductory 

text; and 

■ e. Revising paragraph (i) introductory 

text. 

The revisions and additions to read as 

follows: 

§ 2.52 Sale of printed matter and the 

distribution of printed matter and other 

message-bearing items. 

(a) Printed matter and other messagebearing items. * * * The term ‘‘other 

message-bearing items’’ means a 

message-bearing item that is not 

‘‘printed matter’’ and is not solely 

commercial advertising. Other messagebearing items include, but are not 

limited to: Readable electronic media 

such as CDs, DVDs, and flash drives; 

clothing and accessories such as hats 

and key chains; buttons; pins; and 

bumper stickers. 

(b) Permits and the small group 

permit exception. The sale or 

distribution of printed matter, and the 

free distribution of other messagebearing items without asking for or 

demanding payment or donation, is 

allowed within park areas if it occurs in 

an area designated as available under 

§ 2.51(c)(2) and when the 

superintendent has issued a permit for 

the activity, except that: 

* * * * * 

(i) Misrepresentation. Persons engaged 

in the sale or distribution of printed 

matter or the free distribution of other 

message-bearing items under this 

section are prohibited from 

misrepresenting the purposes or 

affiliations of those engaged in the sale 

or distribution, and misrepresenting 

whether the printed matter or other 

message-bearing items are available 

without cost or donation. 

* * * * * 

Jason Larrabee, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks Exercising the 

Authority of the Assistant Secretary for Fish 

and Wildlife and Parks. 

[FR Doc. 2018–00515 Filed 1–12–18; 8:45 am] 

BILLING CODE 4312–52–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 14 

[NPS–WASO–24690; PPWOVPADU0/ 

PPMPRLE1Y.Y00000] 

RIN 1024–AE42 

Rights of Way; Removal of Outdated 

Reference 

AGENCY: National Park Service, Interior. 

ACTION: Final rule. 

SUMMARY: This rule removes an 

outdated reference to a document 

establishing environmental criteria for 

electric transmissions lines that is no 

longer used by the National Park Service 

to evaluate applications for right-of-way 

permits. 

DATES: This rule is effective January 16, 

2018. 

FOR FURTHER INFORMATION CONTACT: Jay 

Calhoun, NPS Division of Jurisdiction, 

Regulations, and Special Park Uses, 

(202) 513–7112, john_calhoun@nps.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 11, 1980, the National Park 

Service (NPS) promulgated regulations 

at 36 CFR part 14 that provide a process 

for the review, consideration, and 

approval or disapproval of requests for 

rights-of-way across all areas of the 

National Park System. 45 FR 47092. 

Section 14.78 describes the process for 

filing applications for rights-of-way for 

power transmission lines. Paragraph 

(b)(6)(i) of this section requires that the 

applicant include a detailed description 

of the environmental impact of the 

project that provides information about 

the impact of the project on airspace, air 

and water quality, scenic and aesthetic 

features, historical and archeological 

features, and wildlife, fish, and marine 

life. Paragraph (b)(6)(ii) requires that the 

proposed site, design, and construction 

of the project be consistent with a 

document entitled the ‘‘Environmental 

Criteria for Electric Transmission 

Lines.’’ This document was published 

by the Department of the Interior and 

the Department of Agriculture in 1970 

and revised in 1979. This document is 

no longer available and no longer used 

by the NPS to evaluate applications for 

right-of-way permits for power 

transmission lines. 

This rule removes paragraph (b)(6)(ii) 

from § 14.78 because the reference to the 

environmental criteria document is 

obsolete and outdated. The NPS will 

continue to evaluate applications for 

rights-of-way for power transmission 

lines in accordance the other provisions 

in subpart F of 36 CFR part 14. This rule 

also updates the authority line for 36 

CFR part 14 to reflect the 2014 

recodification of former 16 U.S.C. 5 and 

79 into 54 U.S.C. 100902. 

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 (OIRA) in the Office of 

Management and Budget will review all 

significant rules. OIRA 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 agencies must 

base regulations on the best available 

science and the rulemaking process 

must allow for public participation and 

an open exchange of ideas. We have 

developed this rule in a manner 

consistent with these requirements. 

Reducing Regulation and Controlling 

Regulatory Costs (Executive Order 

13771) 

This rule is an E.O. 13771 

deregulatory action because it will have 

costs less than zero. This rule will 

remove an outdated requirement. This 

will reduce the potential for confusion 

and may result in a more efficient 

application process for those applying 

for rights of way for power transmission 

lines across NPS-administered lands. 

This rule meets the goals of E.O. 13771 

because the regulatory requirement 


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2070 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 

being removed is outdated and 

unnecessary. 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

This rule is not a major rule under 5 

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

(a) Does not have an annual effect on 

the economy of $100 million or more; 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; 

(c) Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

Administrative Procedure Act (Notice of 

Proposed Rulemaking) 

We recognize that under 5 U.S.C. 

553(b) and (c) notice of proposed rules 

ordinarily must be published in the 

Federal Register and the agency must 

give interested parties an opportunity to 

submit their views and comments. We 

have determined under 5 U.S.C. 553(b) 

and 318 DM HB 5.3, however, that 

notice and public comment for this rule 

are not required. We find good cause to 

treat notice and comment as 

unnecessary. As discussed above, the 

document entitled ‘‘Environmental 

Criteria for Electric Transmission Lines’’ 

is no longer used by the NPS to evaluate 

applications for right-of-way permits for 

power transmission lines. The current 

reference in 36 CFR 14.78(b)(6)(ii) is 

potentially confusing for right-of-way 

applicants and its removal will simply 

reflect how the NPS currently processes 

applications. This correction will not 

benefit from public comment, and 

further delaying it is contrary to the 

public interest. 

We also recognize that rules 

ordinarily do not become effective until 

at least 30 days after their publication in 

the Federal Register. We have 

determined, however, that good cause 

exists for all the rule to be effective 

immediately upon publication for the 

reasons stated above. 

Unfunded Mandates Reform Act 

(UMRA) 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local or tribal 

governments or the private sector. This 

rule does not impose requirements on 

other agencies or governments. A 

statement containing the information 

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

seq.) is not required. 

Takings (Executive Order 12630) 

This rule does not effect a taking of 

private property or otherwise have 

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 does 

not have sufficient federalism 

implications to warrant the preparation 

of a Federalism summary impact 

statement. 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 agencies to review all 

regulations to eliminate errors and 

ambiguity and write them to minimize 

litigation; and 

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

requiring agencies to write all 

regulations 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 

Department’s consultation policy and 

under the criteria in Executive Order 

13175 and have determined it has no 

substantial direct effects on federally 

recognized Indian tribes and 

consultation under the Department’s 

tribal consultation policy is not 

required. 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.) 

This rule does not contain new 

collections of information that require 

approval by the Office of Management 

and Budget under the PRA. The rule 

does not impose new recordkeeping or 

reporting requirements on State, tribal, 

or local governments; individuals; 

businesses; or organizations. We may 

not conduct or sponsor and you are not 

required to respond to a collection of 

information unless it displays a 

currently valid OMB control number. 

National Environmental Policy Act 

(NEPA) 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. A 

detailed statement under the NEPA of 

1969 is not required. We have 

determined the rule is categorically 

excluded under 43 CFR 46.210(i) 

because it is administrative, legal, and 

technical in nature. We also have 

determined the rule does not involve 

any of the extraordinary circumstances 

listed in 43 CFR 46.215 that would 

require further analysis under NEPA. 

Effects on the Energy Supply (Executive 

Order 13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211. A Statement of Energy 

Effects in not required. 

Drafting Information: The primary 

author of this regulation was Jay 

Calhoun, Regulations Program 

Specialist, National Park Service. 

List of Subjects in 36 CFR Part 14 

Electric power, Highways and roads, 

Public lands-rights-of-way. 

In consideration of the foregoing, the 

National Park Service amends 36 CFR 

part 14 as follows: 

PART 14—RIGHTS-OF-WAY 

■ 1. The authority citation for part 14 is 

revised to read as follows: 

Authority: 54 U.S.C. 100902; 23 U.S.C. 

317. 

§ 14.78 [Amended] 

■ 2. In § 14.78, remove and reserve 

paragraph (b)(6)(ii). 

Jason Larrabee, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks, exercising the 

authority of the Assistant Secretary for Fish 

and Wildlife and Parks. 

[FR Doc. 2018–00516 Filed 1–12–18; 8:45 am] 

BILLING CODE 4310–EJ–P 

LIBRARY OF CONGRESS 

U.S. Copyright Office 

37 CFR Parts 201 and 202 

[Docket No. 2017–8] 

Secure Tests: Extension of Comment 

Period 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Interim rule with request for 

comments; extension of comment 

period. 


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