Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 2065 

TABLE I—SECTION 36.2.—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS—Continued 

Statute Description 

New maximum (and 

minimum, if applicable) 

penalty amount 

20 U.S.C. 1228c(c)(2)(E) (Section 429 of the General Education Provisions Act).Provides for a civil penalty, as set by Congress in 1994, 

of up to $1,000 for an educational organization’s failure 

to disclose certain information to minor students and 

their parents.

$1,650. 

31 U.S.C. 1352(c)(1) and (c)(2)(A) ...................................... Provides for a civil penalty, as set by Congress in 1989, 

of $10,000 to $100,000 for recipients of Government 

grants, contracts, etc. that improperly lobby Congress 

or the Executive Branch with respect to the award of 

Government grants and contracts.

$19,639 to $196,387. 

31 U.S.C. 3802(a)(1) and (a)(2) ........................................... Provides for a civil penalty, as set by Congress in 1986, 

of up to $5,000 for false claims and statements made 

to the Government.

$11,181. 

* * * * * 

PART 668—STUDENT ASSISTANCE 

GENERAL PROVISIONS 

■ 3. The authority citation for part 668 

continues to read as follows: 

Authority: 20 U.S.C. 1001–1003, 1070a, 

1070g, 1085, 1087b, 1087d, 1087e, 1088, 

1091, 1092, 1094, 1099c, and 1099c–1, 

1221e–3, and 3474; Pub. L. 111–256, 124 

Stat. 2643; unless otherwise noted. 

§ 668.84 [Amended] 

■ 4. Section 668.84 is amended by, in 

paragraph (a), removing the number 

‘‘$27,500’’ and adding, in its place, the 

number ‘‘$55,907’’. 

[FR Doc. 2018–00614 Filed 1–12–18; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 2 

[NPS–WASO–23396; GPO Deposit Account 

4311H2] 

RIN 1024–AE32 

General Regulations; Areas of the 

National Park System, Free 

Distribution of Other Message-Bearing 

Items 

AGENCY: National Park Service, Interior. 

ACTION: Final rule. 

SUMMARY: The National Park Service 

revises its general rule governing the 

sale or distribution of printed matter to 

include the free distribution of messagebearing items that do not meet the 

regulatory definition of ‘‘printed 

matter.’’ This change gives visitors an 

additional channel of communication 

while protecting the resources and 

values of the National Park System. 

DATES: This rule is effective on February 

15, 2018. 

FOR FURTHER INFORMATION CONTACT: Lee 

Dickinson, Special Park Use Program 

Manager, at (202) 513–7092 or lee_

dickinson@nps.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Authority and Jurisdiction To 

Promulgate Regulations 

In the National Park Service (NPS) 

Organic Act (54 U.S.C. 100101), 

Congress granted the NPS broad 

authority to regulate the use of areas 

under its jurisdiction. The Organic Act 

authorizes the Secretary of the Interior, 

acting through the NPS, to ‘‘prescribe 

such regulations as the Secretary 

considers necessary or proper for the 

use and management of [National Park] 

System units.’’ 54 U.S.C. 100751(a). 

National Park System 

Consisting of over 400 units in 50 

states, the District of Columbia and 

multiple territories, the National Park 

System covers more than 84 million 

acres. These units are located in a wide 

range of environments as diverse as the 

United States itself. The size of these 

units also varies tremendously, ranging 

from Wrangell-St. Elias National Park 

and National Preserve, Alaska, at 13.2 

million acres, to Thaddeus Kosciuszko 

National Memorial, Pennsylvania, at 

0.02 acres. 

About one-third of the units—such as 

Great Smoky Mountains National Park, 

Tennessee; Grand Canyon National 

Park, Arizona; Everglades National Park, 

Florida; and Hawaii Volcanoes National 

Parks, Hawaii—preserve nature’s many 

and varied gifts to the nation. The other 

two-thirds of the units recognize 

benchmarks of human history in 

America. These units protect elements 

of great native cultures, far older than 

European exploration and settlement; 

preserve battle sites from the 

Revolutionary and Civil Wars— 

including the key surrender fields of 

both great conflicts; embrace Thomas 

Edison’s New Jersey laboratories where 

he and his staff led a technological 

revolution more dramatic even than the 

coming of the computer age; and more. 

These historical park units reflect the 

development of both art and industry in 

America, along with landmarks of social 

and political change. 

As a broader understanding of history 

took hold, the National Park System 

eventually grew to include the historic 

homes of civil rights, political, and 

corporate leaders, and the lands of the 

poor, struggling to build lives for 

themselves on a Nebraska homestead 

claim or in an urban community. The 

National Park System now embraces the 

birthplace, church, and grave of Dr. 

Martin Luther King at Martin Luther 

King, Jr. National Historical Site, 

Georgia; the birth of jazz at New Orleans 

Jazz National Historical Park, Louisiana; 

the flowering of a literary giant at the 

Eugene O’Neill National Historical Site, 

California; and the artistic grace of a 

great sculptor’s studios at SaintGaudens National Historical Site, New 

Hampshire. Because of the lessons they 

help us remember, the National Park 

System also includes the Japanese 

American World War II internment 

camp in the desert at Manzanar National 

Historical Site, California, as well as 

Andersonville National Historical Site, 

Georgia, one of the very bleakest of the 

Civil War prison sites. 

The National Park System is habitat 

for 247 threatened or endangered 

species, has more than 167 million 

items in museum collections, has 75,000 

archaeological sites, and 27,000 historic 

and prehistoric structures. The National 

Park System also has an extensive 

physical infrastructure, which includes 

thousands of buildings, tens of 

thousands of miles of trails and roads, 


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2066 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 

1This rule therefore enshrines in regulation NPS 

Policy Memorandum 14–01,(January 28, 2014), 

which requires superintendents to allow the free 

distribution of message-bearing items to the public 

other than printed matter, so long as the activity 

occurs within an area designated as available for 

First Amendment activities under 36 CFR 2.51(c)(l) 

and otherwise complies with 36 CFR 2.52. 

and almost 30,000 housing units, 

campgrounds, and picnic areas as well 

as 3,000 water and waste water 

treatment systems. 

Over 325 million visitors visited the 

National Park System in 2016, where 

visitors find not only visual, 

educational, and recreational 

experiences but also inspirational, 

contemplative, and spiritual 

experiences. For Native Americans, 

certain national parks are also 

considered sacred religious sites, where 

the NPS asks visitors to respect these 

long-held beliefs, such as by voluntarily 

not walking under a natural bridge. 

Final Rule 

First Amendment activities in units of 

the National Park System are governed 

by longstanding but ever-evolving First 

Amendment jurisprudence; by the 

statutes and regulations governing the 

National Park System as a whole; and by 

park-specific statutes and regulations. 

Title 36 CFR 2.52 currently allows the 

sale or distribution only of printed 

matter and only in areas of a park 

designated by the superintendent. The 

regulation defines ‘‘printed matter’’ as 

‘‘message-bearing textual printed 

material such as books, pamphlets, 

magazines, and leaflets, provided that it 

is not solely commercial advertising.’’ 

The NPS recognizes, however, that 

items other than ‘‘printed matter’’ may 

also contain or present speech, either 

literal or symbolic, that is not solely 

commercial and whose expression may 

be protected by the First Amendment. 

Accordingly, the NPS is revising its 

regulations to allow the free distribution 

of message-bearing items other than 

printed matter in areas of a park 

designated by the superintendent, 

subject to compliance with the 

regulations at 36 CFR 2.51 and 2.52. 

These items include readable electronic 

media like CDs, DVDs, and flash drives; 

articles of clothing like hats and 

accessories like buttons and pins; key 

chains; and bumper stickers.1

Under the rule, message-bearing items 

other than printed matter may not be 

sold within a park unit; they may only 

be distributed free of charge. This 

restriction is necessary to prevent the 

proliferation of unregulated commercial 

activity that would be inconsistent with 

park resources and values, that would 

impinge upon and degrade park 

scenery, and that would disrupt the 

visitor experience in many park units. 

The revision to § 2.52 to allow the free 

distribution of other message-bearing 

items is consistent with the NPS’s 

National Capital Region (NCR) 

regulation at 36 CFR 7.96(k). As 

discussed in the preambles to the 

proposed and final rules for the NCR 

regulation, 59 FR 25855 (1994) and 60 

FR 17639 (1995), the NPS promulgated 

§ 7.96 to resolve serious issues created 

by unregulated sales of merchandise on 

NPS-administered lands that resulted in 

conflicting and excessive 

commercialism; degraded aesthetic 

values; had negative impacts on visitor 

circulation and contemplation and 

historic scenes; and inhibited the 

conservation of park property. In 

upholding the constitutionality of the 

NCR regulation limiting the sales of 

such items, the U.S. Court of Appeals 

for the District of Columbia Circuit 

found that the regulation was ‘‘content 

neutral’’ and ‘‘narrowly tailored to serve 

significant government interests’’ and 

offered ‘‘ample alternative channels of 

communication’’ insofar as ‘‘members 

may display and give the audio tapes 

and [religious] beads to members of the 

public so long as they do not try to exact 

a payment or request a donation in 

exchange for them.’’ ISKCON of 

Potomac v. Kennedy, 61 F.3d 949, 952, 

958 (D.C. Cir. 1995). 

Summary of and Responses to Public 

Comments on the Proposed Rule 

The NPS published the proposed rule 

on October 14, 2016 (81 FR 71026) with 

request for public comment through the 

Federal eRulemaking portal at 

www.regulations.gov, or by mail or hand 

delivery. The 60-day comment period 

ended on December 13, 2016. A total of 

26 comments were received. The NPS 

evaluated these comments when 

developing this final rule. A summary of 

comments and NPS responses is 

provided below. Many comments 

supported the rule and expressed 

gratitude that it provides an alternative 

means of communication in national 

parks. After taking the public comments 

into consideration and after additional 

review, the NPS has not made any 

substantive changes in the final rule. A 

few conforming edits to 36 CFR 2.51 

and 2.52 are included in this final rule. 

These changes simply add references to 

the free distribution of other messagebearing items to reflect the substantive 

revisions to section 2.52 that were 

included in the proposed rule. 

1. Comment: Some commenters were 

concerned that the rule would lead to 

the commercialization of national parks 

and take away from the serenity and 

beauty of the environment. One 

commenter suggested that the rule 

should prohibit the sale of printed 

matter as well as other message-bearing 

items in order to prevent rampant 

consumerism in national parks. Several 

commenters suggested that the rule 

prohibit all items that include or 

function as commercial advertising, or 

any items that are predominantly or 

primarily commercial advertising, rather 

than only prohibiting those items that 

are ‘‘solely commercial advertising.’’ 

One commenter stated that t-shirts, even 

when given away for free, are primarily 

used as marketing devices and not to 

communicate information. 

NPS Response: The rule only allows 

the free distribution of other messagebearing items. Asking for or requiring 

payment or donations in exchange for 

these items is prohibited without 

written authorization under 36 CFR 5.3 

(Business operations) or 36 CFR 2.37 

(Noncommercial soliciting). The NPS 

will use the permit process to ensure 

that the free distribution of other 

message-bearing items will not result in 

the commercialization of national parks 

and the degradation of park values and 

visitor experiences. This activity will 

only be allowed in areas designated as 

available for First Amendment activities 

by the Superintendent. 

Items with some amount of 

commercial advertising may also 

contain protected speech under the First 

Amendment. For this reason, the free 

distribution of these items is properly 

regulated under 36 CFR 2.52 rather than 

36 CFR 5.3, which focuses on business 

operations. Examples may include tshirts and water bottles that contain a 

message unrelated to commercial 

advertising that are freely distributed by 

a corporate sponsor at a permitted 

event. Although these items may also 

contain a logo or other mark associated 

with the company, they are not solely 

commercial advertising and are 

therefore subject to regulations 

addressing speech rather than business 

operations. 

2. Comment: One commenter 

questioned the basis for allowing the 

sale of printed matter, but not the sale 

of other message-bearing items, when 

both may contain speech protected by 

the First Amendment. 

NPS Response: Experiences on the 

National Mall and in other national 

parks suggest that other message bearing 

items such as t-shirts, mugs, hats, and 

jewelry are more likely than printed 

matter to be sold primarily as a 

commercial enterprise rather than as 

part of a sincere First Amendment 

activity. In the past, the proliferation of 

sales of other message bearing items has 


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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 2067 

degraded the purposes and values of the 

National Park System in manner not 

experienced with the sale of printed 

matter that is primarily focused on 

communicating a message. The 

distinction in this rule between printed 

matter and other message bearing items 

will provide the public with a broader 

opportunity to engage in protected 

speech without opening national parks 

to unchecked commerce. The sale of an 

unlimited range of message bearing 

merchandise, including t-shirts, would 

negatively impact park resources and 

values as well as the visitor experience. 

In order to sell other message bearing 

items in national parks, written 

authorization must be obtained under 

36 CFR 5.3. 

3. Comment: Several commenters 

were concerned that allowing the free 

distribution of other message-bearing 

items will result in litter and waste that 

will harm resources, including wildlife, 

and the ability of visitors to enjoy 

national parks. These commenters were 

concerned about items such as CDs and 

keychains that are made out of plastic 

and other materials that are not 

biodegradable and are costly to recycle. 

NPS Response: Groups of more than 

25 people who wish to freely distribute 

other message bearing items must obtain 

a permit that will contain terms and 

conditions addressing the proper 

disposal of litter and waste. These items 

will not be allowed to be distributed 

outside of designated First Amendment 

areas, reducing their impact on more 

unspoiled and sensitive areas of the 

Parks. Designated First Amendment 

areas are generally developed and have 

more foot traffic and nearby amenities 

such as trash and recycling cans. 

National parks have existing programs 

in place to collect and dispose of litter 

that will help mitigate any incremental 

waste associated with the free 

distribution of these items. The NPS 

will not regulate substantially more 

speech than necessary to implement the 

NPS’s substantial government interest in 

protecting park resources from 

impairment. This rule allows the 

exercise of protected speech. The NPS 

has determined that any additional 

measures the NPS could take at this 

time to prevent additional litter 

associated with this speech, including, 

for example, prohibiting the free 

distribution of plastic message bearing 

items, are unnecessary. If the NPS 

determines at a later date that additional 

management actions are needed to 

address increases in litter attributable to 

message-bearing items, then the NPS 

will consider appropriate responses, 

including new terms and conditions to 

permits and changes to this rule. 

4. Comment: Some commenters felt 

that the free distribution of other 

message-bearing items will lead to an 

influx of visitors and material objects, 

such as t-shirts and keychains, to 

national parks, which will degrade the 

natural beauty, contemplative quality, 

and integrity of these areas. One 

commenter suggested that the rule allow 

the Superintendent to deny a permit 

application based upon the severity of 

impacts to park resources and values 

imposed by these items. One commenter 

was concerned about audio and visual 

pollution from the distribution of these 

items that will harm park resources and 

values. 

NPS Response: There are several 

protections in place that will mitigate 

the impacts of this activity on park 

values and resources. Groups of more 

than 25 people who wish to freely 

distribute other message bearing items 

must obtain a permit that will contain 

terms and conditions that will address 

potential impacts. The Superintendent 

may deny a permit if the number of 

persons engaged in the distribution 

cannot be reasonably accommodated, 

considering such things as damage to 

park resources or facilities, impairment 

of a protected area’s atmosphere of 

peace and tranquility, interference with 

program activities, or impairment of 

public use facilities. 36 CFR 2.52(e). The 

free distribution of other messagebearing items may only occur in 

locations designated under 36 CFR 

2.51(c). These locations may only be 

designated if the free distribution of 

other message-bearing items in these 

locations would not (i) cause injury or 

damage to park resources; (ii) 

unreasonably impair the atmosphere of 

peace and tranquility maintained in 

wilderness, natural, historic, or 

commemorative zones; or (iii) be 

incompatible with the nature and 

traditional use of the particular park 

area. 

5. Comment: Some commenters were 

concerned that the content of other 

message-bearing items could be 

offensive or contain political messages 

that are not appropriate in national 

parks. 

NPS Response: Similar to other types 

of protected speech that occurs in the 

National Park System, the NPS does not 

regulate the content of protected speech 

contained in other message- bearing 

items. 

6. Comment: One commenter 

suggested that the NPS define other 

message-bearing items by a closed list of 

items that meet the definition, rather 

than an open-ended definition that lists 

only examples of items that qualify. 

This commenter felt that an exclusive 

list would relieve park managers from 

the burden of having to identify which 

items are message-bearing on a case-bycase basis. 

NPS Response: A non-exhaustive list 

of things that qualify as other messagebearing items gives the NPS more 

flexibility than a closed list to determine 

which items are message- bearing. This 

will allow the NPS to adapt to the 

introduction of new message-bearing 

technologies such as digital downloads 

and other means of delivering electronic 

content. 

7. Comment: One commenter 

suggested that the rule establish 

standard locations in all national park 

units that are designated for First 

Amendment activities, including the 

free distribution of other messagebearing items, in order to preserve the 

integrity of the parks. This commenter 

suggested visitor centers or information 

kiosks as potential places that could be 

designated across the National Park 

System. 

NPS Response: NPS regulations at 36 

CFR 2.51 require Superintendents to 

identify on a map the locations that are 

designated for demonstrations and the 

sale and distribution of printed matter. 

As stated above, these locations must 

meet certain criteria that will help 

address the commenter’s concerns. This 

rule updates these regulations to state 

that these locations are also designated 

for the free distribution of other 

message-bearing items. The geography, 

infrastructure, and frequency and size of 

First Amendment activities are unique 

for each national park unit. This makes 

it difficult to identify a standard 

location that can be designated as 

appropriate for First Amendment 

activities in every unit. The NPS 

believes that the Superintendents are in 

the best position to determine which 

areas in the parks they manage are most 

appropriate for First Amendment 

activities. 

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 


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2068 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 

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. 

Reducing Regulation and Controlling 

Regulatory Costs (Executive Order 

13771) 

This rule is an E.O. 13771 

deregulatory action because once 

finalized, it will have costs less than 

zero. 

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 rule will generate positive benefits 

and no costs. This certification is based 

upon the cost-benefit and regulatory 

flexibility analyses found in the report 

entitled ‘‘Cost-Benefit and Regulatory 

Flexibility Analyses: Proposed 

Regulation Revisions for Free 

Distribution of Other Message-Bearing 

Items’’ that is available to the public 

upon request. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

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 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. 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 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. This 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. 

Paperwork Reduction Act 

This rule does not contain any new 

collections of information that require 

approval by the Office of Management 

and Budget (OMB) under the Paperwork 

Reduction Act. OMB has approved the 

information collection requirements 

associated with NPS Special Park Use 

Permits and has assigned OMB Control 

Number 1024–0026 (expires 01/31/20). 

An agency may not conduct or sponsor 

and a person is not required to respond 

to a collection of information unless it 

displays a currently valid OMB control 

number. 

National Environmental Policy Act of 

1969 

This 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. 

We have determined that the rule is 

categorically excluded under 516 DM 

12.5(A)(10) as it is a modification of 

existing NPS regulations that does not 

increase public use to the extent of 

compromising the nature and character 

of the area or causing physical damage 

to it. Further, the rule will not result in 

the introduction of incompatible uses 

which might compromise the nature 

and characteristics of the area or cause 

physical damage to it. Finally, the rule 

will not conflict with adjacent 

ownerships or lands uses, or cause a 

nuisance to adjacent owners or 

occupants. 

We have also determined that the rule 

does not involve any of the 

extraordinary circumstances listed in 43 

CFR 46.215 that would require further 

analysis under NEPA. 

Effects on the Energy Supply (Executive 

Order 13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211. A Statement of Energy 

Effects is not required. 

List of Subjects in 36 CFR Part 2 

Environmental protection, National 

parks, Reporting and recordkeeping 

requirements. 

In consideration of the foregoing, the 

National Park Service amends 36 CFR 

part 2 as set forth below: 

PART 2—RESOURCE PROTECTION, 

PUBLIC USE AND RECREATION 

■ 1. The authority citation for part 2 

continues to read as follows 

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

320102. 

■ 2. Amend § 2.51 by revising the 

section heading and paragraphs (c)(1) 

introductory text and (c)(2) to read as 

follows: 

§ 2.51 Demonstrations and designated 

available park areas. 

* * * * * 

(c) Designated available park areas. 

(1) Locations may be designated as 


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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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