Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations 96535 

vessel and a Federal, State, and local 

officer designated by or assisting the 

Captain of the Port, USCG Sector Corpus 

Christi (COTP) in the enforcement of the 

security zone. 

(2) Persons or vessels desiring to enter 

or pass through the zones must request 

permission from the COTP Sector 

Corpus Christi on VHF–FM channel 16 

or by telephone at 361–939–0450. 

(3) If permission is granted, all 

persons and vessels must comply with 

all lawful orders and directions of the 

COTP or the COTP’s designated 

representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public through Broadcast 

Notices to Mariners (BNMs) and Marine 

Safety Information Bulletins (MSIBs) of 

the enforcement times and dates for this 

security zone. 

Dated: November 29, 2024. 

J.J. Andrew, 

Captain, U.S. Coast Guard, Captain of the 

Port (Acting), Sector Corpus Christi. 

[FR Doc. 2024–28477 Filed 12–4–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Parts 1 and 14 

[NPS–WASO–PPFL–38951; Docket No. 

NPS–2024–0004; PPWOPPFLL0; 

PPMPSPD1Y.YM0000] 

RIN 1024–AE75 

Rights of Way 

AGENCY: National Park Service, Interior. 

ACTION: Final rule. 

SUMMARY: The National Park Service 

(NPS) revises regulations governing the 

application, processing, and issuance of 

right-of-way (ROW) permits for lands 

and waters administered by the NPS. A 

ROW permit authorizes the use of such 

lands and waters for the operation and 

maintenance of infrastructure associated 

with utilities such as fiber, water lines, 

power lines, and cellular antennas. The 

revisions align NPS processes more 

closely with those of other Department 

of the Interior (DOI) bureaus by allowing 

for a pre-application meeting, 

identifying a common standard 

application form, and broadening 

methods the NPS can use to determine 

fair market value. This rule clarifies the 

process for permitting construction 

related to a ROW permit, makes updates 

that reflect current technology and 

standard practices, and integrates 

applicable laws that have been 

implemented since the regulations were 

first promulgated in 1980. 

DATES: This rule is effective January 6, 

2025. 

ADDRESSES: The comments received on 

the proposed rule are available on 

https://www.regulations.gov in Docket 

No. NPS–2024–0004. 

FOR FURTHER INFORMATION CONTACT: 

Kevin McKay, Branch Chief, Realty 

Management, National Park Service, 

Land Resources Division. Phone: (303) 

978–6760; email: Kevin_McKay@

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 this rule is available on 

https://www.regulations.gov in the 

docket for this rulemaking. 

SUPPLEMENTARY INFORMATION: 

Background 

Legal Authority for ROWs 

The National Park System includes 

any area of land or water administered 

by the NPS. 54 U.S.C. 100501. The 

mission of the NPS is to preserve 

unimpaired the natural and cultural 

resources and values of the National 

Park System for the enjoyment of this 

and future generations. 54 U.S.C. 

100101. Since it was created in 1916, 

the National Park System has expanded 

to 431 units covering more than 85 

million acres in all 50 states, the District 

of Columbia, and U.S. territories. A 

general statutory authority, codified at 

54 U.S.C. 100902, allows the Secretary 

of the Interior, acting through the NPS, 

to issue ROW permits for public utilities 

and communication facilities within 

System units. Specifically, this 

authority authorizes the NPS to issue 

ROW permits for: 

• electrical plants, poles, and lines for 

the generation, transmission, and 

distribution of electrical power; 

• telephone and telegraph purposes; 

• canals, ditches, pipes and pipe 

lines, flumes, tunnels, or other water 

conduits and water plants, dams, and 

reservoirs used to promote irrigation or 

mining or quarrying, or the 

manufacturing or cutting of timber or 

lumber, or the supplying of water for 

domestic, public, or any other beneficial 

uses; 

• poles and lines for communication 

purposes; and 

• radio, television, and other forms of 

communication transmitting, relay, and 

receiving structures and facilities. 

The NPS may not issue a ROW permit 

for any purpose that is not identified in 

54 U.S.C. 100902, unless the NPS is 

separately authorized to do so by law, 

such as through the Alaska National 

Interest Lands Conservation Act 

(ANILCA) or legislation specific to a 

System unit. In limited circumstances 

such as where authorized by legislation 

specific to a System unit, or where 

exclusively serving NPS facilities or 

authorized concessioner facilities, the 

NPS may issue ROW permits to utilities 

for the operation and maintenance of 

petroleum product pipelines. 

Under the general authority in 54 

U.S.C. 100902, a ROW shall be allowed 

within a National Park System unit only 

on the approval of the Secretary, acting 

through the NPS. The NPS may issue a 

ROW permit only on a finding that the 

ROW is not incompatible with the 

public interest. The statute establishes 

duration and size limits for ROWs and 

authorizes the NPS to revoke ROW 

permits. The Secretary, acting through 

the NPS, is authorized to implement the 

statute through regulations. 

Before 1980, the NPS managed ROW 

permits under Bureau of Land 

Management (BLM) regulations at 43 

CFR 2800. Those regulations no longer 

applied to System units after BLM 

revised them in 1980. That same year, 

the NPS promulgated its own 

regulations (45 FR 47092) that matched 

the provisions of 43 CFR 2800, with 

some editorial changes. The NPS 

regulations are codified at 36 CFR part 

14 and have not been revised since, 

except for minor changes in 1995 (60 FR 

55789 at 55791) and 2018 (83 FR 2069). 

The NPS regulations are organized into 

eight subparts, with an Appendix, as 

follows: 

Subpart of 36 CFR part 14 Sections 

Subpart A—Rights-of-Way: General ............................................................................................................................................. 14.1–14.2 

Subpart B—Nature of Interest ....................................................................................................................................................... 14.5–14.10 


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96536 Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations 

Subpart of 36 CFR part 14 Sections 

Subpart C—Procedures ................................................................................................................................................................. 14.20–14.38 

Subpart D—Under Title 23, U.S.C. (Interstate and Defense Highway System) ........................................................................... 14.50–14.61 

Subpart E—Power Transmission Lines, General .......................................................................................................................... 14.70–14.71 

Subpart F—Principles and Procedures, Power Transmission Lines ............................................................................................ 14.75–14.78 

Subpart G –Radio and Television Sites ........................................................................................................................................ 14.90–14.91 

Subpart H—Telephone and Telegraph Lines ................................................................................................................................ 14.95–14.96 

Appendix A to Part 14 ................................................................................................................................................................... N/A 

NPS Administration of ROWs 

The NPS’s authority to grant ROWs 

within System units is discretionary, 

provided the allowed use is not 

incompatible with the public interest. 

When the NPS evaluates a request for a 

ROW permit, it considers whether the 

use will be consistent with applicable 

laws and policies that govern the 

administration of the System. 

Applicable laws include, but are not 

limited to, the NPS Organic Act and the 

National Historic Preservation Act 

(NHPA). Applicable policies include, 

but are not limited to, 2006 NPS 

Management Policies, Reference Manual 

53B: Rights of Way, and guidance and 

planning documents for particular 

System units. ROW infrastructure 

proposed by permit applicants is not 

always compatible with the purposes for 

which the National Park System or the 

particular System unit was established, 

or with the protection of the resources 

and values of the System unit where it 

would be located. The NPS, to the 

greatest extent possible, seeks to 

minimize impacts to resources, visitors, 

and employees from the construction, 

installation, and maintenance and 

operation of infrastructure in System 

units. For this reason, it only issues 

ROW permits when there is no 

practicable alternative to the use of 

lands and waters within a System unit. 

After this evaluation process, the NPS 

may determine that the proposed use is 

not appropriate in the System unit and 

location requested and deny the request. 

When they are approved, ROW permits 

most commonly allow for the operation 

and maintenance of common utilities 

such as fiber, water, and power lines, as 

well as cellular antennas and associated 

equipment such as cell towers. The NPS 

issues ROW permits to Federal, State, 

and local governments, Tribes, citizens, 

and organizations of the United States, 

including corporations, associations, 

partnerships, and non-profit 

organizations. Power companies and 

broadband providers (including cellular 

companies) regularly request ROW 

permits from the NPS. Unlike a deeded 

easement or fee simple ownership, a 

ROW permit does not convey or imply 

any property interest in the lands and 

waters subject to the ROW. Permittees 

may use a ROW permit only for the 

allowed uses and subject to permit 

terms and conditions that protect 

System unit resources, values, and 

visitors. 

Summary of Public Comments 

The NPS published a proposed rule in 

the Federal Register on June 10, 2024 

(89 FR 48850). The NPS accepted public 

comments on the proposed rule for 60 

days via the mail, hand delivery, and 

the Federal eRulemaking Portal at 

https://www.regulations.gov. Comments 

were accepted through August 9, 2024. 

The NPS received 16 comments on the 

proposed rule. The NPS received 

comments from operators, associations, 

utilities, non-governmental 

organizations, Indian Tribes, a State 

government, and private individuals. 

Commenters generally supported the 

proposed rule, with some offering 

clarifying language for the final rule. 

After considering public comments and 

after additional review, the NPS made 

five changes to the rule. The first change 

revises the first sentence of paragraph 

(a) in § 14.1 to clarify that the 

regulations in part 14 will be applied 

consistent with applicable Federal law. 

The second change revises the 

definition of ‘‘Special use permit for 

construction’’ for consistency with the 

definition of ‘‘Right-of-way permit’’ to 

include language that these permits do 

not convey any property interest in 

lands or waters. The third change 

includes a citation to clarify the 

authority under which the NPS will 

retain a portion of the use and 

occupancy fees to cover the costs of 

administering the ROW program. The 

fourth change clarifies that the NPS has 

discretion to decide whether it will 

include costs incurred for initial 

discussions (including pre-application 

meetings) in the application charge. The 

fifth change adds a new § 14.19 about 

severability (discussed below). A 

summary of the pertinent issues raised 

in the comments and NPS responses is 

provided below. The NPS does not 

summarize or respond to comments 

regarding property interests, such as 

easements and retained rights, held by 

private parties on lands and waters 

within System units because ROW 

permits do not convey property 

interests. 

1. Comment: An Indian Tribe stated 

the rule should require consultation 

throughout the permitting process. An 

Alaska Native Claims Settlement Act 

Corporation (ANCSA Corporation) 

stated the rule should address the NPS’s 

obligation to consult with ANCSA 

Corporations on the same basis as 

Indian Tribes. 

NPS Response: The NPS and the DOI 

recognize the importance of their 

responsibility to consult with Tribes 

and take seriously their duties to (1) 

fulfill their legal obligations to identify, 

protect, and conserve Tribal trust 

resources; (2) carry out their trust 

relationship with Tribes and Tribal 

members; and (3) invite Tribes to 

consult on a government-to-government 

basis whenever there is a Departmental 

Action with Tribal Implications. (512 

DM 4). Further, it is DOI policy to 

recognize and fulfill its legal obligations 

to consult with ANCSA Corporations on 

the same basis as Indian Tribes under 

Executive Order 13175 (512 DM 6). 

Paragraph (a)(1) of § 14.5 of the rule 

states that the NPS will issue a ROW 

permit only if the proposed use of lands 

and waters, and operation and 

maintenance of infrastructure are 

consistent with applicable laws and 

policies, including statutes governing 

administration of the National Park 

System, regulations, and NPS planning 

documents. Pursuant to DOI policy, 

during this evaluation the NPS will 

consider whether issuing the ROW 

permit would require consultation with 

Tribes or ANCSA Corporations. If so, 

the NPS will consult with those Tribes 

and ANCSA Corporations before issuing 

the ROW permit. 

2. Comment: An Indian Tribe raised a 

concern that during the permit renewal 

process, the NPS could only consider 

impacts that occurred during the 

previous permit period, resulting in 

renewal decisions made with 

inadequate information. 

NPS Response: The NPS seeks to 

facilitate meaningful dialogue and 

collaboration with Tribes to ensure that 

it respects their rights and interests as 

the steward of cultural resources within 


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Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations 96537 

park areas. Section 14.12 of the rule 

addresses the ROW permit renewal 

process. This section clarifies that a 

ROW permit renewal means the 

issuance of a new, separate, consecutive 

ROW permit that the NPS approves 

before the expiration of an existing 

permit to authorize the continued use of 

lands and waters and the operation and 

maintenance of infrastructure. Timely 

requests for renewals allow the NPS to 

evaluate the continued appropriateness 

of the existing use and to complete 

required compliance actions. The NPS 

reviews the decision file for the existing 

ROW permit for any infractions, 

problems, or concerns. The NPS also 

may consider other, relevant 

information in its decision-making 

process that is not directly related to 

impacts that have occurred under the 

existing permit. If the NPS decides to 

renew a ROW permit, the new permit 

may have modified terms and 

conditions and special stipulations that 

are necessary to address impacts to 

resources. 

3. Comment: An Indian Tribe stated 

that the rule should specifically allow 

the NPS to suspend or terminate a ROW 

permit for a failure to appropriately 

mitigate archaeological, cultural, or 

environmental impacts identified 

through consultation between the NPS 

and affected Tribes. 

NPS Response: The NPS 

acknowledges the importance of 

mitigating impacts to resources caused 

by ROW permittees. Section 14.15 

allows the NPS to suspend or terminate 

a ROW permit at any time, and states 

that the permittee may be provided an 

opportunity to cure the cause of the 

suspension or termination. Grounds for 

suspension or termination include 

resource protection concerns, failure to 

comply with ROW permit terms and 

conditions, and failure to comply with 

any provision in part 14. Failure to 

complete required mitigations would 

constitute grounds for suspension or 

termination for one or more of those 

reasons. It would raise concerns about 

the impacted resources. It would 

constitute a failure to comply with 

standard permit terms and conditions 

that require mitigation. It also could 

constitute a failure to comply with 

section 14.9 and paragraph (c)(5) of 

§ 14.10, which allow the NPS to require 

mitigation for impacts to resources that 

are caused by permitted activities. 

A standard term and condition of 

every ROW permit requires the 

permittee to suspend activities and 

notify the Superintendent upon 

discovery of archeological, 

paleontological, or historical resources, 

or threated or endangered species 

within or near the permitted area. When 

this occurs, the NPS will begin 

consultation with relevant Tribes if the 

affected resources have tribal 

implications under DOI policy. This 

consultation will include the 

identification of required mitigations. 

4. Comment: Two commenters 

expressed concern that the rule would 

require the NPS to specify all operation 

and maintenance activities in the ROW 

permit and suggested instead that the 

NPS adopt the approach taken by the 

United States Forest Service (USFS) and 

the BLM that give permittees the option 

to submit an operation and maintenance 

plan with their permit application. 

NPS Response: Nothing in this rule 

prevents an applicant from submitting a 

separate operation and maintenance 

plan or any other relevant information 

or additional documentation in support 

of their application. The NPS will use 

everything submitted to develop the 

ROW permit. Paragraph (a) of § 14.10 

states that a ROW permit will authorize 

the permittee to conduct specific 

operation and maintenance, and that 

operation and maintenance not 

specifically authorized in the permit 

requires written authorization or an 

amended permit. This provision is 

important because the ROW is the 

authorizing legal instrument. A ROW 

permit can authorize activities, 

however, that are not stated in the 

permit itself. The NPS and the permittee 

can agree to incorporate an operation 

and maintenance plan by reference or as 

an attachment to the permit. These 

plans can be beneficial by identifying 

with more specificity the time, place, 

and manner for conducting authorized 

activities. 

5. Comment: Two commenters 

encouraged the NPS to give permittees 

more flexibility to manage vegetation 

within and adjacent to the permitted 

area, including during unplanned 

emergencies. Specifically, these 

commenters encouraged the NPS to 

revise the proposed definition of 

‘‘Operation and maintenance’’ to be 

consistent with the BLM’s definition at 

43 CFR 2801.5 and suggested the NPS 

add definitions for the terms ‘‘vegetation 

management’’ and ‘‘hazard trees’’. 

NPS Response: Vegetation 

management activities, including time, 

place, manner, and coordination 

requirements in both emergency and 

non-emergency situations, that are 

authorized in a ROW permit have been 

evaluated through required compliance 

actions that are necessary to understand 

potential impacts to park resources and 

visitors. Unauthorized vegetation 

management activities, within or 

outside of the permitted area, have not 

been properly evaluated and therefore 

require additional compliance actions 

and permitting. During the permitting 

process, the NPS may request and the 

applicant may provide information in 

support of vegetation management 

activities that will be authorized under 

the permit, including activities that will 

be allowed in emergency situations. 

The NPS declines to revise the 

definition of ‘‘Operation and 

maintenance’’ to be consistent with the 

definition used by BLM. The statutory 

framework, mission, and mandates of 

the NPS are different from those of the 

BLM, and therefore the regulatory 

framework for managing ROWs on NPSadministered lands is necessarily 

different. The NPS also declines to 

define the terms ‘‘vegetation 

management’’ and ‘‘hazard tree’’ as they 

are defined in BLM regulations. These 

terms are not used in this rule. Each 

ROW permit will, as appropriate, 

identify authorized practices for 

vegetation management that may 

include tree trimming or removal. This 

approach will allow the NPS to tailor 

the authorized vegetation management 

activities to the specific circumstances 

of each permit. 

6. Comment: One commenter asked 

the NPS to clarify how it will determine 

if an amendment to authorized uses and 

locations will be deemed ‘‘significant’’ 

and therefore require the permittee to 

submit another complete ROW permit 

application. Two commenters asked the 

NPS to adopt the BLM definition of 

‘‘substantial deviation’’ in 43 CFR 

2801.5 in order to clarify what activities 

are allowed without additional written 

authorization or permitting, including 

vegetation management actions. 

NPS Response: Section 14.14 

establishes procedures for amending an 

existing ROW permit. Paragraph (b)(2) 

states that significant modifications, 

changes, or additions to the authorized 

uses may require the submission of 

another complete ROW permit 

application. Amendments to an existing 

ROW permit may address operation and 

maintenance, the use and occupancy 

fee, a new permittee as a result of an 

approved transfer, or other terms and 

conditions. The NPS will determine 

whether the amendments require a new 

application on a case-by-case basis 

considering the specific circumstances 

of the request. An example of a 

significant change is a request to add 

new infrastructure outside of the 

permitted area. In this case, the NPS 

would likely require the permittee to 

submit an application for a new ROW 

permit. 

The NPS declines to adopt the BLM 

definition of ‘‘substantial deviation’’ in 


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this rule. As stated above, the statutory 

framework, mission, and mandates of 

the NPS are different from those of the 

BLM, and therefore the regulatory 

framework for managing ROWs on NPSadministered lands is necessarily 

different. Broad and general exceptions 

to what is deemed significant would 

remove the NPS’s ability to adequately 

evaluate potential impacts to park 

resources, values, and visitors from 

significant changes to authorized 

activities. These types of changes 

should be addressed through a thorough 

permit application process and related 

compliance actions. 

7. Comment: Two commenters 

questioned why the NPS would remove 

the permit term and condition in 

existing paragraph (d) of § 14.9 that 

directs permittees to take reasonable 

action to prevent and suppress fires on 

or near the lands occupied by the ROW. 

One commenter stated the NPS should 

adopt BLM’s framework addressing 

prevention and suppression of wildfires 

which requires ROW permittees to do 

everything reasonable to prevent and 

suppress wildfires on or adjacent to the 

ROW area. 

NPS Response: Allowing permittees 

to take unilateral action to prevent and 

suppress wildfire is no longer consistent 

with NPS practice and policy regarding 

fire prevention and suppression. The 

NPS has comprehensive policies 

regarding fire prevention and 

suppression, and it is important to allow 

those policies to operate without 

potential conflict with actions taken by 

permittees. (See Management Policies 

4.5, Director’s Order #18: Wildland Fire 

Management, Reference Manual 18, 

Director’s Order #58: Structural Fire 

Management, Reference Manual 58). 

The NPS requires fire management 

plans for all System units that have 

burnable vegetation. Regarding 

particular ROWs, emergency operations 

and activities procedures are often case 

specific and appropriately stated in the 

ROW permit. Rather than give 

permittees a broad and general authority 

to take actions they deem reasonable, 

the NPS prefers to work with the 

permittee to establish the ‘‘reasonable’’ 

measures a permit holder may take to 

prevent fires in the permitted area, 

based on professional fire management 

expertise, specific knowledge of park 

resources, visitor use patterns, local 

weather patterns, fire history, science, 

and ecology. 

8. Comment: One commenter 

recommended that the rule require the 

NPS to give permittees an opportunity 

to engage with the agency before NPSinitiated amendments are made to a 

ROW permit. 

NPS Response: The NPS always 

endeavors to maintain professional 

relationships and open communication 

with permittees; however, many 

decisions regarding permit management 

are at the sole discretion of the NPS. If 

the NPS initiates an amendment, it will 

provide adequate notice to the permittee 

in accordance with paragraph (a) of 

§ 14.14. 

9. Comment: Two commenters asked 

the NPS to state in the rule that publicly 

regulated utilities are not required to 

show proof of acceptable financial 

assurance and liability insurance. 

NPS Response: This rule does not 

mandate that all ROW permittees 

provide proof of acceptable financial 

assurance and liability insurance. 

Paragraph (h) of § 14.4 states that the 

NPS may require such proof as 

appropriate to the proposed project. The 

NPS makes decisions about the need to 

provide proof of acceptable financial 

assurance and liability insurance on a 

case-by-case basis to ensure protection 

of the public and NPS interests. There 

is no reason to exempt publicly 

regulated utilities from such 

requirements in all circumstances, even 

though some of them may be required 

to have reserves under applicable law. 

10. Comment: One commenter stated 

the NPS should not be able to reverse 

its position regarding the not 

incompatible with the public interest 

and no practicable alternative 

determinations once it issues a 

conditionally approved ROW permit to 

the applicant. 

NPS Response: A conditionally 

approved ROW permit is developed by 

NPS staff at the System unit and sent to 

the applicant for review and signature. 

This step in the permitting process 

benefits the applicant by providing 

them with a document that will be 

submitted for final approval by an NPS 

signing official. This provides the 

applicant with some indication of what 

might be approved and gives them an 

opportunity to sign the permit 

indicating to the NPS signing official 

that the permittee has agreed to specific 

authorizations, terms and conditions. 

Issuance of a conditional permit does 

not constitute final determinations of 

not incompatible with the public 

interest and no practicable alternative. 

Those determinations are final only 

when an appropriate NPS official signs 

and issues the ROW permit. 

11. Comment: One commenter 

questioned the NPS’s authority to 

require an applicant to demonstrate that 

there is no practicable alternative to 

location of the infrastructure within the 

National Park System in order to obtain 

a ROW permit. Another commenter 

supported this requirement but 

requested that the NPS clarify that 

differential location costs to the 

permittee should not be factor in this 

determination. 

NPS Response: The NPS is 

responsible for the protection of 

resources within units of the National 

Park System, consistent with the 

purposes for which each System unit 

was established. The NPS, to the 

greatest extent possible, seeks to 

minimize impacts to resources, visitors, 

and employees from the construction, 

installation, maintenance and operation 

of infrastructure in System units. For 

this reason, the NPS issues ROW 

permits only when there is no 

practicable alternative to the use of 

lands and waters within a System unit. 

Applicants should have a demonstrable 

need to use NPS-administered lands or 

waters because the result of such use 

will impact the System unit. The NPS 

considers the totality of the 

circumstances when making these 

determinations. The relative cost of 

where the infrastructure could be 

located could be one factor because at 

some point costs can make a project 

prohibitive. 

12. Comment: One commenter urged 

the NPS to allow electronic filing of 

ROW permit applications. 

NPS Response: This rule does not 

mandate a particular method of filing a 

ROW permit application. The NPS 

accepts paper submissions and 

electronic submissions with digital 

signatures. Other methods may become 

available in the future and this rule will 

accommodate appropriate options. 

13. Comment: One commenter asked 

the NPS to revise the definition of 

‘‘permitted area’’ to require the 

identification of access routes to 

infrastructure and to guarantee the right 

of access. 

NPS Response: The NPS always 

considers access in ROW permitting and 

includes identified and agreed upon 

routes in the permitted area when 

necessary. Access routes may be subject 

to change for various reasons including 

resource management concerns, 

changing conditions, and visitor use and 

enjoyment concerns. This rule defines a 

ROW permit as a discretionary and 

revocable special use permit issued by 

the NPS to authorize the use of lands 

and waters, and operation and 

maintenance. The definition states that 

a ROW permit does not grant, convey, 

or imply transfer of title to any interest 

in, including a leasehold or easement 

interest in, the lands or waters 

authorized for use. Paragraph (f)(4) of 

§ 14.4 states that rights of access are not 

granted under a ROW permit and that 


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Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations 96539 

access routes and means of access in 

ROW permits are revocable at the 

discretion of the NPS. Permittees may 

access ROWs only as may be stated in 

the ROW permit. 

14. Comment: One commenter 

recommended the rule require the NPS 

to provide utilities with sufficient 

access for anticipated operation and 

maintenance and allow permittees to 

maintain access routes even in locations 

outside of the permitted area to ensure 

that the permittee can access its 

facilities. 

NPS Response: The NPS authorizes 

access on a case-by-case basis after a 

compliance process that evaluates 

potential impacts to System unit 

resources, values, and visitors. Access 

routes are resource, time, place, and 

manner specific, and are influenced by 

the purposes, values, and resources of 

the System unit. Requiring the NPS to 

provide ‘‘sufficient’’ access could lead 

to disagreement about what routes and 

means of access are sufficient. The NPS 

may in its discretion issue separate 

permits for activities outside of a 

permitted area but only after it has 

completed required compliance actions. 

15. Comment: One commenter asked 

the NPS to clarify how it will regulate 

means of access to a permitted area and 

to state that permittees may use 

whatever means of access is appropriate 

for planned operation and maintenance. 

NPS Response: The NPS considers 

means of access in the permitting 

process and evaluates them through the 

same compliance processes that apply 

to other aspects of the ROW. Means of 

access can have very different impacts 

to resources and visitors. Access by an 

all-terrain vehicle will have different 

impacts than access by a conventional 

motor vehicle such as a truck. Some 

areas may only be accessible by certain 

means of access such as snow machines, 

cranes, and helicopters. The NPS must 

maintain control over the authorized 

means of access in order to adequately 

protect resources and visitors. Allowing 

permittees to use whatever means of 

access they deem appropriate would 

prevent the NPS from exercising 

management responsibly for the affected 

System unit. 

16. Comment: Two commenters 

suggested that the NPS include 

construction activities within the scope 

of a ROW permit. 

NPS Response: Initial construction of 

infrastructure generally requires a larger 

permitted area with equipment and 

activities that are not relevant to longterm operation and maintenance, and it 

is therefore permitted separately. In the 

past, permittees have relied upon 

outdated language in ROW permits that 

had authorized initial construction to 

take unauthorized actions outside of the 

permitted area related to ongoing 

operation and maintenance. As has been 

stated, unauthorized actions have not 

been evaluated for potential impacts to 

System unit resources, values and 

visitors and therefore need additional 

compliance and permitting before they 

may occur. 

17. Comment: One commenter 

suggested that the NPS remove the 

ability for the NPS to require applicants 

to provide an affidavit stating that all 

other required land rights, water rights, 

permits, certifications, approvals, and 

authorizations necessary for a viable 

project have been secured. Another 

commenter suggested that the affidavit 

should be required in all cases. 

NPS Response: The NPS declines to 

make any changes to paragraph (f) of 

§ 14.11. As stated above, the NPS seeks 

to minimize impacts to System unit 

resources to the greatest extent possible 

from the construction of infrastructure 

in park areas. The NPS would not meet 

this standard if it issued special use 

permits (SUPs) for construction, with 

resulting impacts, when the permittee 

does not have the authorizations 

required to operate a viable project in 

the ROW. This concern is most present 

when operation and maintenance 

activities within the ROW will be part 

of a larger project occurring outside of 

the National Park System. In other 

situations, such as when the NPS has 

verified that all other necessary 

approvals have been obtained, an 

affidavit may not be necessary and 

therefore requiring it in every case 

would result in unnecessary delays. 

18. Comment: Some commenters 

encouraged the NPS to establish 

timelines for notifying applicants 

whether an application is complete. 

NPS Response: The final rule 

encourages the applicant to request a 

pre-application meeting with the NPS to 

help the NPS understand the scope of 

the request and to advise potential 

applicants, early in the permitting 

process, about permitting considerations 

and procedures, and possible timelines. 

The NPS endeavors to provide prompt 

notice to applicants regarding the 

completeness of their application after 

receipt of an initial application. Notice 

may be delayed, however, by practical 

challenges related to the complexity of 

the proposal and the administrative 

capacity at the System unit to process 

the application. Completing the permit 

application accurately and providing 

supporting documentation is crucial to 

an efficient process. So are maintaining 

open lines of communication and 

responding promptly to requests for 

additional information or clarification. 

Given all of the variables including any 

externally required timelines that 

influence the permitting process, the 

NPS prefers to omit timelines from the 

rule. 

20. Comment: Two commenters 

suggested that rule should allow the 

NPS to extend the term of a ROW permit 

by more than one year. Another 

commenter asked the NPS to provide 

more flexibility in the ROW permit 

renewal process so that ROW holders 

seeking timely renewal do not find 

themselves in trespass due to the NPS’s 

failure or inability to renew the ROW 

before the expiration of the current 

term. 

NPS Response: The purpose of 

allowing amendments to ROW permits 

is to allow the NPS and the permittee to 

agree upon minor changes to authorized 

uses or to the terms and conditions that 

apply to such uses. As a general matter, 

the term of ROW permit is fixed so that 

the NPS has the opportunity to 

reevaluate the uses that have been 

authorized under the existing permit to 

ensure that those uses should continue 

consistent with the standards for issuing 

ROWs in park areas. The NPS 

recognizes, however, that ROW 

permitting processes can experience 

delays. Allowing an amendment to 

extend the term by one year enables the 

NPS and the permittee enter into a new 

ROW permit before the existing term 

expires. 

The statement in paragraph (c) of 

§ 14.11 that infrastructure left behind 

after the expiration of a ROW permit 

will be considered in trespass is 

necessary to help ensure that 

infrastructure is not abandoned with 

resulting impacts to the System unit. 

The NPS endeavors to work with 

permittees to effectuate timely renewals 

of existing ROW permits to the 

maximum extent possible. 

21. Comment: One commenter asked 

the NPS to clarify that 50 years will be 

the standard ROW permit term unless 

the NPS determines that a 50-year term 

would be inappropriate, on a case-bycase basis, for the specific project and 

System unit. 

NPS Response: The NPS evaluates 

each request for a ROW permit on a 

case-by-case basis. This rule states the 

NPS may issue a permit for a term of up 

to 50 years when determined 

appropriate and consistent with 

applicable law and policy. NPS declines 

to set a standard permit term in this rule 

in order to maintain discretion and 

flexibility to establish terms that are 

appropriate to the uses and 

circumstances presented by each 

request. 


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22. Comment: One commenter stated 

the NPS should reduce the use and 

occupancy fee associated with access 

routes. 

NPS Response: This rulemaking does 

not establish the amount of use and 

occupancy fees in any case. A use and 

occupancy fee is owed to the United 

States in an amount equal to the fair 

market value for the use and occupancy 

of federally owned lands and waters 

within the National Park System under 

a ROW permit. Use and occupancy fees 

are charged as a single fee for all of the 

authorized uses within the permitted 

area, including any routes or means of 

access. They are not charged or 

evaluated separately. 

23. Comment: One commenter 

recommended that the rule state that the 

NPS will include administrative costs 

incurred to hold pre-application 

meetings in permit application fees. 

NPS Response: The NPS does not 

typically recover its costs for preapplication meetings in permit 

application fees. This may occur, 

however, if the potential applicant 

requests more than one meeting or 

makes demands that result in the NPS 

expending more time and resources 

than normal. The NPS prefers to 

maintain discretion to include these 

costs in the permit application fee or 

not, depending upon the circumstances. 

The NPS has revised the rule to clarify 

that it has discretion to decide whether 

it will include costs incurred for initial 

discussions (including pre-application 

meetings) in the application charge. 

24. Comment: One commenter asked 

the NPS to provide typical or expected 

charges for processing permit 

applications, and to clarify how it will 

determine fair market value when it 

assess the use and occupancy fee. 

NPS Response: The NPS may recover 

its costs incurred to provide necessary 

services associated with SUPs, 

including ROW permits and SUPs for 

construction. 54 U.S.C. 103104. This 

includes costs incurred to process 

permit applications and manage 

permitted activities. More specifically, 

they may include costs associated with 

compliance actions that evaluate 

potential impacts; appraisals of fair 

market value; reviewing applications 

and related materials, drafting 

correspondence and permits; 

management discussions regarding the 

proposal and any changes; and resource 

surveys of the proposed permit area. 

The amount charged is based on actual 

costs incurred by the NPS and is 

therefore specific to each application 

and permit. The rule provides a formula 

for calculating the minimum charge 

based upon two hours of staff time at 

the permit coordinator and 

superintendent level (as applicable). 

NPS staff can discuss cost recovery in a 

pre-application meeting and explain the 

types of costs that are included in a bill 

for collection. 

Under the existing regulations, the 

amount charged as a use and occupancy 

fee must be determined by an appraisal 

of fair market value. This rule will allow 

the NPS to use any DOI-approved 

valuation method to determine fair 

market value, providing more flexibility 

and efficiency that should decrease 

administrative costs to the NPS. 

25. Comment: Several commenters 

requested revisions to the provisions 

about co-location. One commenter 

stated that the requirement that 

applicants must design new 

infrastructure to accommodate future 

co-location should not lead the NPS to 

require co-location in every situation. 

Other commenters asked the NPS to 

revise this paragraph to include some 

additional considerations, such as cost, 

feasibility, and likelihood of future 

requests for co-location. 

NPS Response: The purpose of the 

design requirement in paragraph (g)(1) 

of § 14.4 is to preserve the opportunity 

to co-locate infrastructure in the future. 

The NPS recognizes co-location is not 

appropriate in all circumstances and 

this rule does not mandate it. This is 

consistent with paragraph (g)(2) which 

acknowledges that some infrastructure 

will be placed in new or undisturbed 

locations. The considerations identified 

in paragraph (g)(1) do not apply to the 

NPS’s decision to require co-location or 

not, those considerations apply to the 

applicants design of infrastructure. The 

NPS considers many factors when 

determining if co-location is 

appropriate, including cost, feasibility, 

and the likelihood of future requests. 

26. Comment: One commenter 

suggested that the NPS not require a 

ROW permit for co-locating 

infrastructure on an existing permitted 

structure. 

NPS Response: The NPS states a 

preference for co-location in the rule 

because co-location reduces incremental 

impacts to System unit resources by 

adding infrastructure to locations that 

have already been disturbed. There are 

still impacts from installing co-located 

infrastructure, however, in addition to 

impacts from operation and 

maintenance including routes and 

means of access. For these reasons, the 

NPS must maintain management control 

of co-located infrastructure using a 

ROW permit. 

27. Comment: Several commenters 

asked about potential conflicts between 

the provisions of this rule and other 

applicable Federal laws. One 

commenter recommended the rule 

require the NPS to approve or deny a 

complete application for a ROW permit 

and a SUP for construction within 270 

days, consistent with the MOBILE NOW 

Act. Several commenters stated there 

were conflicts with ANILCA and its 

implementing regulations, requesting 

clarity and seeking edits to the rule. 

NPS Response: The NPS understands 

that other Federal laws may apply to its 

management of ROWs in System units, 

and will follow all such laws to the 

extent they apply in any particular 

situation. To be inclusive and to avoid 

inadvertently creating inconsistencies or 

gaps regarding other applicable laws, 

the NPS does not address the provisions 

of any other Federal law in this rule. 

The NPS has clarified, however, that the 

regulations in part 14 apply consistent 

with applicable Federal law by adding 

‘‘Consistent with applicable Federal 

law,’’ to the beginning of paragraph (a) 

of § 14.1. This includes, but is not 

limited to, possibly applicable Federal 

law such as Title XI of ANILCA 

(Transportation and Utility Systems In 

and Across, and Access Into, 

Conservation System Units) and its 

implementing regulations in 43 CFR 

part 36 for managing ROWs in Alaska. 

To the extent there is an irreconcilable 

conflict between applicable Federal law 

and part 14, the other applicable Federal 

law will control. 

28. Comment: One commenter 

encouraged the NPS to define the terms 

‘‘mitigation’’ and ‘‘public interest.’’ 

NPS Response: These terms are 

undefined because the meaning of each 

term is dependent upon the particular 

context and circumstances of the 

situation in which they are used. The 

permit negotiation process is an 

opportunity to reach a mutual 

understanding of the meaning of these 

terms that is context-specific, This 

approach facilitates effective 

communication and collaboration 

among all parties involved and greater 

flexibility as needed in each situation. 

As necessary and appropriate, agreedupon definitions can then be included 

in permits, providing a clear reference 

point for compliance and enforcement. 

Final Rule 

The NPS further explains each of the 

changes to NPS regulations below. In 

addition to the changes described in 

more detail below, this rule simplifies 

how the regulations are organized by 

replacing the eight existing subparts 

with sections that have clear and 

concise titles addressing ROW 

permitting for all types of use and 

infrastructure. Sections 14.5, 14.20, 


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14.27, 14.32, 14.35, 14.53, 14.75, and 

14.77 of the existing regulations have no 

content. This rule replaces § 14.5 and 

removes the rest. This rule removes 

Appendix A because the forms in this 

Appendix are outdated and no longer 

used by the NPS. This rule removes an 

authority citation to 23 U.S.C. 317 from 

part 14. This authority addresses 

highway easement deeds, which are not 

authorized through ROW permits. 

Many of the changes remove or 

update outdated provisions to reflect 

current policies and practices. The 

changes in this rule will improve ROW 

permitting processes and align them 

more closely with those of other DOI 

bureaus, to the extent practicable and 

consistent with applicable law. This 

rule will improve the NPS’s ability to 

protect resources and values, public 

health and safety, and visitor experience 

from potential impacts from the use of 

lands and waters within System units 

under a ROW permit, including from 

the operation and maintenance of 

infrastructure. The revised regulations 

will be easier for prospective and 

current permittees to find and 

understand, which will improve the 

effectiveness of NPS ROW program. 

Section-by-Section Analysis of the 

Changes 

§ 14.1 Purpose and Scope 

Final rule Existing regulations 

14.1 Purpose and 

scope.

14.1 Applicability. 

N/A ............................ 1.2 Applicability and 

scope. 

Existing regulations in § 14.1 state 

that the regulations in part 14 apply to 

all Federally owned or controlled lands 

administered by the NPS. This 

provision is unnecessary because the 

applicability and scope of NPS 

regulations in Title 36, Chapter I of the 

Code of Federal Regulations (36 CFR), 

which includes part 14, are defined in 

36 CFR 1.2. This section states in 

paragraph (a)(1) that the regulations 

apply to all persons entering, using, 

visiting, or otherwise within the 

boundaries of federally owned lands 

and waters administered by the NPS. 

New paragraph (a) in § 14.1 states that 

regulations in part 14 establish 

procedures an entity must follow when 

applying for a ROW permit and 

provisions under which the NPS may 

authorize a ROW permit within a 

National Park System unit, consistent 

with applicable Federal law. New 

paragraph (b) states that the regulations 

in part 14 ensure that the use of lands 

and waters, and operation and 

maintenance of infrastructure under a 

ROW permit will be (1) consistent with 

applicable statutory authorities, 

including the NPS Organic Act; (2) 

protect lands, waters, and resources of 

the System; and (3) protect visitor uses 

and experiences, as well as promote the 

health and safety of the public and NPS 

employees and volunteers. 

This rule revises 36 CFR 1.2(b) and (d) 

to add references to part 14. This 

clarifies that, under paragraph (b), the 

regulations in part 14 generally do not 

apply on non-federally owned lands and 

waters or on Indian tribal trust lands 

located within System boundaries; and 

that, under paragraph (d), the 

regulations in Part 14 do not prohibit 

administrative activities conducted by 

the NPS or its agents. These changes 

reflect current NPS practice and will 

have no impact on the NPS’s 

administration of ROWs in System 

units. 

§ 14.2 Definitions for This Part 

Final rule Existing regulations 

14.2 Definitions for 

this part.

• 14.2 Definitions. 

• 14.6 In form of 

easement, license, 

or permit. 

This rule revises § 14.2 of the existing 

regulations, which defines terms used in 

part 14. This rule removes the definition 

of ‘‘Superintendent’’ because it is 

already defined in 36 CFR 1.4. This rule 

removes the definition of ‘‘Park’’ 

because it is superfluous with the 

definitions of ‘‘park area’’ and ‘‘National 

Park System’’ in 36 CFR 1.4. This rule 

removes the definitions of ‘‘Authorized 

Officer,’’ ‘‘Construction work,’’ 

‘‘Director,’’ and ‘‘Secretary’’ because 

those terms are not used in the revised 

regulations. This rule removes the 

definition of ‘‘Project’’ because that term 

is no longer used the way it is defined. 

Removing unnecessary defined terms 

will make the regulations more concise. 

This rule replaces the term ‘‘right-ofway’’ with a new term ‘‘right-of-way 

permit’’ that is more specific and clearer 

about what may be authorized, as 

explained below. This rule defines nine 

new terms in § 14.2, which are 

explained below. Revised § 14.2 lists 

defined terms in alphabetical order 

without paragraph designations. 

New Definitions 

This rule adds the term ‘‘Applicant’’ 

to mean an entity that has applied for 

a special use permit for construction of 

infrastructure or a ROW permit for use 

of lands and waters and operation or 

maintenance of infrastructure. Adding 

this term will allow the NPS to 

distinguish applicants from permittees, 

who have been issued valid permits, in 

the regulations. 

This rule adds the term ‘‘Co-location’’ 

to mean the placement of infrastructure 

on or in existing authorized 

infrastructure owned or controlled by 

another or within an area authorized for 

use by another. This common industry 

practice is important for applicants to 

consider when designing infrastructure 

proposals and for the NPS to consider 

when assessing potential impacts to 

resources, values, and visitors. 

This rule adds the term ‘‘Entity’’ to 

mean a party including, but not limited 

to, Federal, State, and local 

governments, Tribes, citizens, and 

organizations of the United States, 

including corporations, associations, 

partnerships, and non-profit 

organizations. 

This rule adds the term 

‘‘Infrastructure’’ to mean equipment, 

facilities, installations, or uses that the 

NPS may authorize under a ROW permit 

pursuant to statutory authority, with 

specific reference to 54 U.S.C. 100902. 

This rule adds the term ‘‘Operation 

and maintenance’’ to mean the use of 

infrastructure, the means of access, and 

associated service on a routine and ongoing basis to ensure good order, safe 

conditions, and timely repair, all as 

specifically authorized in a ROW 

permit. 

This rule adds the term ‘‘Permitted 

area’’ to mean the area authorized for 

construction under a special use permit, 

and use of lands and waters, and 

operation and maintenance of 

infrastructure under a ROW permit, 

including routes and means of access 

through a System unit. 

This rule adds the term ‘‘Permittee’’ to 

mean an entity that holds a valid special 

use permit for construction or ROW 

permit for use of lands and waters, and 

operation and maintenance of 

infrastructure. Adding this term helps 

distinguish entities that have valid 

permits from those that have expired or 

invalid authorizations, and from 

applicants who have requested a permit 

but do not yet have one. 

This rule adds a definition for ‘‘Rightof-way permit’’ to mean a discretionary 

and revocable special use permit, issued 

by the NPS to authorize the use of lands 

and waters within System units for the 

operation and maintenance of 

infrastructure. The definition states that 

a ROW permit does not convey property 

interests in lands or waters. These 

statements in the new definition make 

portions of § 14.6 of the existing 

regulations, which make similar 

statements, unnecessary. 


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This rule adds the term ‘‘Special use 

permit for construction’’ to mean a 

discretionary and revocable special use 

permit issued by the NPS to authorize 

construction of infrastructure and 

associated construction activities within 

System units. Like that for ROW 

permits, this definition states that these 

permits do not convey property interests 

in lands or waters. These permits can 

authorize initial construction of 

infrastructure, addition of 

infrastructure, removal of infrastructure, 

and maintenance and repair activities 

not included in the ROW permit. 

Adding this term will distinguish 

activities authorized under ROW 

permits from those authorized under 

special use permits for construction. 

§ 14.3 Pre-Application Meeting 

Final rule Existing regulation 

14.3 Pre-application 

meeting.

N/A. 

This section of the final rule 

establishes a new provision encouraging 

potential permit applicants to contact 

the superintendent of the System unit to 

schedule a pre-application meeting to 

discuss the proposed project and the 

permitting process. The U.S. Fish and 

Wildlife Service (FWS) uses preapplication meetings for the same 

purpose. Although it would benefit the 

applicant and the NPS in most cases, 

this rule does not require a preapplication meeting because it may be 

unnecessary when the potential 

applicant and NPS staff are sufficiently 

familiar with the project and permitting 

process, such as with certain ROW 

permit renewals. This rule states that 

through a pre-application meeting, the 

NPS may provide early notice to 

potential applicants about applicable 

law and policy, documentation 

requirements, an expected timeline, and 

potential costs. 

The goal of a pre-application meeting 

is to improve the permitting process 

through increased regulatory certainty. 

Pre-application meetings make the 

permitting process more efficient and 

transparent. Permit processing is 

delayed when applicants provide 

incomplete information to the NPS. The 

amount and type of documentation the 

NPS requires to process an application 

varies depending on whether the 

request is for new infrastructure where 

environmental disturbance will occur, 

or existing infrastructure where limited 

additional use of the infrastructure may 

have minimal or no new environmental 

impacts. A pre-application meeting 

enables the NPS to understand the 

scope of the request and advise 

potential applicants, early in the 

permitting process, about permitting 

considerations and procedures, such as: 

elements of a complete permit 

application, permit approval standards, 

natural and cultural resource concerns, 

visitor resource concerns, public health 

and safety concerns, park planning 

documents, land use restrictions (e.g., 

wilderness), proposed location, 

proposed infrastructure, method and 

means of access, and potential fees. In 

addition, a pre-application meeting 

provides the applicant an opportunity to 

ask questions and receive comments 

from the NPS about the proposed ROW 

before submitting an application. 

The NPS may charge fees to recover 

administrative costs incurred from preapplication meetings in certain 

circumstances. This may occur if there 

are multiple meetings requested by a 

potential applicant or where there are 

unusual demands made on NPS staff or 

leadership in terms of time or NPS 

resources on behalf of the potential 

applicant. Cost recovery will be 

collected in accordance with § 14.7 of 

the revised regulations (discussed 

below). 

§ 14.4 Right-of-Way Permit 

Application 

This section of the rule updates 

procedures for submitting a ROW 

permit application. Under the existing 

regulations, application requirements 

are addressed in multiple subparts and 

sections in part 14. This rule 

consolidates all application 

requirements into a single section. This 

will make it easier for applicants to 

identify what is required to submit a 

complete ROW application. Complete 

and timely applications allow the NPS 

to evaluate a proposal’s potential effects 

and to conduct its compliance 

responsibilities under applicable 

Federal statutes such as the National 

Environmental Policy Act (NEPA) and 

the NHPA. The table below identifies 

how this rule reorganizes all of the 

existing application process 

requirements into a new § 14.4. 

Final rule Existing regulations 

14.4(a) Complete application requirement ............................................... 14.28 Incomplete application and reports. 

14.4(b) Application form ........................................................................... 14.21 Form. 

14.4(c) Applicant documentation .............................................................. 14.23 Showing as to organizations required of corporations. 

14.24 Showing as to citizenship required. 

14.4(d) Maps ............................................................................................ 14.25(a) Maps. 

14.4(e) Water rights .................................................................................. 14.25(b) Evidence of water right. 

14.4(f) Access ........................................................................................... 14.7 Right of ingress and egress to a primary right-of-way. 

14.4(g) Co-location ................................................................................... N/A. 

14.4(h) Financial assurance and liability insurance ................................. 14.22(a)(11) Reimbursement of costs. 

14.4(i) Additional information .................................................................... N/A. 

The following paragraphs explain 

how each paragraph of the new § 14.4 

changes existing regulations about the 

permit application process. 

14.4(a) Complete Application 

Requirement 

Existing regulations in § 14.28 state 

that when an application is incomplete 

or does not conform with law, the NPS 

may either provide an applicant with an 

opportunity to correct deficiencies in a 

ROW permit application or reject the 

application outright. New paragraph (a) 

of § 14.4 states the NPS will not begin 

processing a ROW permit application 

until it has determined the applicant 

has complied with the requirements in 

part 14, including the submission of all 

required information. This change 

reflects existing practice because the 

NPS does not reject incomplete 

applications. Instead, the NPS informs 

applicants that they must provide 

additional information to complete the 

application before the NPS will begin 

formal review and processing. This 

practice is consistent with how other 

DOI bureaus handle incomplete 

applications and prevents the NPS from 

expending limited staff resources 

processing incomplete applications that 

do not have enough information to 

allow for a proper evaluation. Paragraph 

(a) further states that making this 

determination does not guarantee the 

NPS will issue a ROW permit. 


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14.4(b) Application Form 

Existing regulations in § 14.21 require 

the applicant to include some general 

information with an application (e.g., a 

statement that the application is made 

pursuant to existing regulations, a 

citation to the statutory authority for the 

ROW, and a description of the purposes 

of the ROW), but do not require 

applications to be submitted on a 

specific form. 

New paragraph (b) of § 14.4 requires 

applicants to use Standard Form 299 

Application for Transportation and 

Utility Systems and Facilities on 

Federal Lands (SF–299) for all requests 

for ROW permits. Requiring the use of 

this form is consistent with Executive 

Order 13821, ‘‘Streamlining and 

Expediting Requests to Locate 

Broadband Facilities in Rural America,’’ 

dated January 8, 2018, which requires 

all Federal property managing agencies 

to use the SF–299, or the applicable 

common form approved by the General 

Services Administration at the time of 

the application. The NPS and most 

Federal property managing agencies 

(e.g., BLM, USFS, FWS) already use this 

form for applicants seeking to operate 

and maintain infrastructure on lands 

administered by those agencies. 

Paragraph (b) also requires that 

applicants provide all materials 

required in the SF–299 and elsewhere in 

part 14. If materials have been provided 

in connection with a ROW permit 

previously issued by the NPS for the 

same System unit, then the NPS may 

decide that the applicant is not required 

to resubmit those materials, provided 

the previous date of filing, place of 

filing, and existing ROW permit number 

are included in the new application. 

This provision will reduce the 

regulatory burden on applicants by 

ensuring that the NPS requests only the 

documentation that it requires to 

process an application. Finally, 

paragraph (b) requires applicants or 

their authorized representatives to sign 

the SF–299 and requires applicants to 

submit the application charge pursuant 

to § 14.7. 

14.4(c) Applicant Documentation 

In paragraph (c) of this section, this 

rule consolidates and updates 

information requirements currently 

codified in § 14.23 for applicants that 

are corporations, and in § 14.24 for 

applicants that are individuals or 

associations of individuals. New 

paragraph (c)(1) contains required 

information for corporations. These 

requirements are not substantively 

different than what is currently required 

in § 14.23. New paragraph (c)(2) 

contains required information for 

partnerships, limited liability 

companies, and similar entities. These 

requirements are not substantively 

different than what is currently required 

in § 14.24 for associations of 

individuals. For individuals, new 

paragraph (c)(3) states applications must 

be accompanied by evidence of U.S. 

citizenship. This final rule omits 

outdated and extraneous language in 

existing § 14.24 about naturalization and 

marital status. 

14.4(d) Maps 

Existing regulations in § 14.25(a) 

contain detailed mapping requirements 

that are overly prescriptive and 

outdated. For example, the existing 

regulations require applicants to prepare 

maps on tracing linen, or on tracing 

paper having a 100 percent rag content. 

New paragraph (d) of § 14.4 simply 

requires maps to meet current NPS 

mapping standards. This would allow 

applicants to submit digital maps, 

which reflect current mapping 

technology. The NPS retains discretion 

to require an official land survey, legal 

description, and digital information 

when helpful or necessary to adequately 

assess an application. Consistent with 

current practice, new paragraph (d) also 

requires that maps, at a minimum, 

include the area proposed to be 

included in the ROW, including the 

placement of infrastructure, proposed 

access point and routes (including use 

of existing roads), and other areas 

associated with the ROW. 

14.4(e) Water Rights 

Existing paragraph (b) of § 14.25 

allows the NPS to conditionally grant a 

ROW permit if doing so is a prerequisite 

for obtaining evidence of a water right 

from a State official. This provision has 

not been used by the NPS ROW Program 

and puts the NPS in the position of 

expending resources on speculative 

projects. Similar to the existing 

regulations, new paragraph (e) of § 14.4 

requires, unless otherwise required by 

Federal law, that applicants requesting 

authorization to operate and maintain 

infrastructure to support the storage, 

diversion, conveyance, or use of water, 

include proof of a valid water right from 

the appropriate State official or State 

law as part of a complete application. 

This ensures that, for such projects, the 

NPS only issues ROW permits to 

applicants that hold valid water rights. 

14.4(f) Access 

Existing regulations in § 14.7 allow 

the NPS to grant to a ROW holder an 

additional ROW for ingress and egress 

to the primary ROW. The additional 

ROW must be reasonably necessary to 

facilitate the use of the primary ROW, 

and may include the right to construct, 

operate, and maintain facilities 

necessary for ingress and egress. The 

regulations require the ROW holder to 

apply for the additional ROW in a 

similar manner that it applied for the 

primary ROW. 

This rule creates an efficiency by 

removing the need to apply for an 

additional ROW for routes of access. As 

part of a complete ROW permit 

application, new paragraph (f) requires 

the applicant include a description of 

proposed access routes and means of 

access. This rule states that access 

routes and means of access will be 

limited to existing roads, or existing or 

NPS-approved routes, trails, or access 

points. The NPS has no general legal 

authority to authorize other entities to 

establish new roads in a System unit, 

including for purposes of accessing 

ROWs. For this reason, this rule states 

that ROW permits will not authorize the 

construction of new roads, unless 

specifically authorized by statute. 

Lastly, new paragraph (f) states that 

ROW permits do not grant a right of 

access and that agreed-upon access 

routes and means of access are 

discretionary and revocable. This 

statement will preclude requests that 

rights of access be expressly established 

in ROW permits, or that that they are 

implied by ROW permits that have been 

issued. 

14.4(g) Co-Location 

This rule creates a new regulatory 

provision to encourage the co-location 

of infrastructure in System units. The 

co-location of equipment can 

consolidate infrastructure in a 

geographic location and, at the same 

time, influence the footprint and 

dimensions of infrastructure at a 

particular site. For example, the location 

and design of a cell tower that would 

accommodate multiple cell antennae 

will be larger than a single user tower 

but may prevent towers in multiple 

locations. While there are cases where 

the installation of new or additional 

uses on existing infrastructure is not 

technologically possible or needs to be 

accomplished in a certain manner to 

avoid technical interference or conflict 

between the uses, whenever possible 

and visually acceptable, all utilities 

should share a common corridor. 

Consistent with this goal, new 

paragraph (g) requires applicants to 

design new infrastructure to 

accommodate future co-location to the 

greatest extent possible considering the 

potential impacts to System unit 

resources, values, public health and 


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safety, and visitor experience. This 

paragraph also requires the applicant to 

demonstrate that they have evaluated all 

options for co-location with existing 

infrastructure prior to proposing a new 

or undisturbed location for 

infrastructure. Finally, the paragraph 

states that entities proposing to colocate infrastructure must obtain a 

separate ROW permit. 

14.4(h) Financial Assurance and 

Liability Insurance 

Financial assurance ensures that in 

the event an operator becomes insolvent 

or defaults on its financial obligations 

under a ROW permit, in particular 

obligations to reclaim and restore the 

permitted area, adequate funds will be 

available for reclamation. The 

requirement for liability insurance 

ensures that the Federal Government 

does not assume any liability associated 

with the permittee’s activities and that 

the permittee is covered for injuries to 

persons or property caused by 

permittee’s activities. 

Existing paragraphs (a)(11)–(14) of 

§ 14.22 authorize the NPS to require an 

applicant to furnish security in an 

amount acceptable to the NPS for costs 

incurred to administer the ROW permit, 

including application costs, compliance 

costs, monitoring costs, and costs for 

protection and rehabilitation, and make 

certain permittees liable for such costs. 

These provisions are unnecessarily 

complicated and inconsistent with 

current practice because the NPS does 

not require financial assurance for 

administrative costs. Instead, this rule 

creates a new paragraph (h) of § 14.4 

that states the NPS may require 

applicants to provide proof of 

acceptable financial assurance and 

liability insurance, as appropriate to the 

proposed project. This statement is 

more consistent with how the NPS and 

other agencies address financial 

assurance and liability insurance. 

14.4(i) Additional Information 

The NPS evaluates each application 

on a case-by-case basis depending on 

the scope, location, and nature of the 

proposed activity. This rule creates a 

new provision in paragraph (i) that 

specifically states that the NPS may 

require additional relevant information 

from an applicant before the 

superintendent will consider the 

application complete. 

§ 14.5 Review of Complete Right-ofWay Permit Applications 

Final rule Existing regulation 

14.5 Review of complete right-of-way 

permit applications.

N/A. 

Section 14.5 of this rule explains how 

the NPS evaluates complete ROW 

permit applications. Paragraph (a) 

establishes standards that each ROW 

permit application must meet in order 

for the NPS to issue ROW permits. 

Paragraph (a)(1) states that the NPS will 

only issue a ROW permit if the 

applicant’s proposal is not incompatible 

with the public interest and is 

consistent with applicable laws, 

including the laws governing 

administration of the National Park 

System, regulations, policy, and NPS 

planning documents. In part, this 

provision will ensure that the NPS 

meets its responsibility under the NPS 

Organic Act to conserve resources in the 

National Park System in such manner 

that will leave them unimpaired for the 

enjoyment of this and future 

generations. 54 U.S.C. 100101. 

Paragraph (a)(2) requires the applicant 

to demonstrate that there is no 

practicable alternative to location of the 

infrastructure within the National Park 

System. This provision is consistent 

with question 13 of the SF–299 which 

requires applicants to explain whether 

alternative locations exist and, if so, 

why they were not chosen, and why it 

is necessary to occupy Federal lands. 

Paragraph (b) states that the NPS, after 

completing review of an application at 

the System unit, will notify the 

applicant in writing that the ROW 

application is conditionally approved, 

or denied with an explanation. If a ROW 

permit is conditionally approved, the 

NPS will send the applicant a final 

version of the ROW permit for signature. 

Paragraph (c) requires the applicant to 

sign a conditionally approved ROW 

permit prior to its execution by the NPS. 

These requirements also apply to 

amended ROW permits, including 

transfers which are documented by an 

amendment. This is stated in paragraph 

(c) in § 14.13 and paragraph (e) of 

§ 14.14 of the final rule. Paragraph (c)(2) 

clarifies that no ROW permit is valid 

until it has been executed by the NPS, 

which may not occur, in some cases, if 

further review by the NPS results in a 

determination that the ROW would not 

meet the standards identified in 

paragraph (a). Execution by the NPS 

represents final approval of a ROW 

permit. 

Paragraph (d) allows the NPS, in its 

discretion, to suspend or terminate the 

application process at any time prior to 

execution of a ROW permit by the NPS 

if the applicant (1) is delinquent in 

paying any cost recovery, use and 

occupancy fees, or other debts to the 

Federal Government; (2) has an 

unresolved criminal or civil violation 

with the Federal Government; (3) has 

been notified that it is liable for 

damages under the System Unit 

Resource Protection Act (SURPA), 54 

U.S.C. 100721–100725, for injuries to 

System resources, or has not resolved or 

fully paid response costs and damages 

under SURPA; or (4) has caused 

unpermitted resource damage, impacts 

to visitors, management problems, or 

the applicant has violated the terms and 

conditions of any permit issued by a 

Federal agency, including the NPS. This 

behavior and conduct provision is 

consistent with regulations for other 

Federal agencies. See, for example, 43 

CFR 2804.25(b) and 2808.12 (BLM); and 

36 CFR 251.54(e) (USFS). It gives fair 

notice to applicants that they must 

resolve the issues of behavior and 

conduct identified in paragraph (d) 

prior to applying for a ROW permit from 

the NPS. 

§ 14.6 Application Withdrawal 

Final rule Existing regulation 

14.6 Application withdrawal.N/A. 

This rule adds a new provision in 

§ 14.6 that clarifies application 

withdrawal procedures. Paragraph (a) 

allows an applicant to withdraw an 

application at any time during the 

application process. Paragraph (b) 

creates a presumption, without further 

notice to the applicant, that the 

applicant has withdrawn its application 

if at any time during the permitting 

process an applicant fails to respond to 

a written communication from the NPS 

for a period of 90 days or longer. The 

NPS has experienced situations where 

an applicant demonstrates interest in 

seeking a ROW permit, engages NPS 

staff, begins an application process, and 

then abandons the proposal without 

notifying the NPS. Superintendents and 

other System unit staff have competing 

responsibilities and new applications 

for ROW permits are added to already 

developed workplans and workloads. 

This provision will help 

superintendents and other NPS staff 

prioritize active projects and devote 

limited resources toward serious and 


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Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations 96545 

1To view the FWS rulemaking action, search for 

‘‘FWS–HQ–NWRS–2019–0017’’ on https://

www.regulations.gov. 

timely proposals. Paragraph (c) clarifies 

that once a permit application is 

withdrawn or presumed withdrawn, the 

permitting process is terminated. If the 

applicant wishes to restart the 

application process, it must submit a 

new SF–299 (or other approved 

common form). 

§ 14.7 Cost Recovery 

Final rule Existing regulations 

14.7 Cost recovery .... • 14.22 Reimbursement of costs. 

• 14.37 Reimbursement of costs. 

The NPS has authority to recover 

actual costs it incurs to administer 

special use permits, including ROW 

permits and special use permits for 

construction, under 54 U.S.C. 103104. 

Existing sections 14.22 and 14.37 

address the reimbursement of 

administrative costs to the NPS incurred 

both before and after the ROW permit is 

issued. These provisions are outdated 

because they were written before the 

NPS received its current statutory 

authority to recover costs under 54 

U.S.C. 103104. 

This rule replaces sections 14.22 and 

14.37 with a new § 14.7 that addresses 

how the NPS recovers administrative 

costs from ROW permit applicants and 

permittees. Paragraph (a) states that the 

NPS will recover all costs from 

applicants and permittees under 54 

U.S.C. 1030104 according to NPS cost 

recovery policy. This rule states that 

cost recovery can include administrative 

costs for withdrawn or denied 

applications and suspended or 

terminated ROW permits. Paragraph (b) 

requires applicants to pay an initial 

application charge, unless waived by 

the NPS pursuant to NPS cost recovery 

policy, and describes how the NPS 

calculates a minimum application 

charge based upon a reasonable estimate 

of the least amount of employee time 

needed to process applications. 

Paragraph (b) also clarifies that the 

minimum application charge will 

include costs incurred by the NPS for 

reviewing an application for 

completeness; and that the NPS has 

discretion to include costs incurred for 

initial discussions (including preapplication meetings). This does not 

represent the entirety of costs that may 

be recovered. 

§ 14.8 Use and Occupancy Fee 

Final rule Existing regulation 

14.8 Use and occupancy fee.14.26 Payment required; exceptions; 

default; revision of 

charges. 

A use and occupancy fee is owed to 

the United States in an amount equal to 

the fair market value for the use and 

occupancy of federally owned lands and 

waters within the National Park System 

under a ROW permit. Existing § 14.26 is 

outdated and overly prescriptive, 

particularly in setting a valuation 

method. The existing regulations require 

an appraisal in every case to make a fair 

market value determination. Appraisals 

can be costly and time consuming and 

in some circumstances are not necessary 

to determine fair market value. 

This rule replaces existing § 14.26 

with a new § 14.8. Paragraph (a) 

establishes the requirement that, subject 

to the exemptions in paragraph (e), all 

permittees must pay a use and 

occupancy fee to the NPS. Paragraph (b) 

states that the use and occupancy fee 

will be the fair market value of the use 

and occupancy of federally owned lands 

and waters under the ROW permit, as 

determined by the NPS. Subparagraph 

(b)(1) allows the NPS to adopt any DOIapproved method to determine the use 

and occupancy fee. This approach is 

consistent with a current rulemaking 

action by the FWS.1 It will reduce the 

time and cost necessary to determine 

the fair market value of many ROWs in 

System units and therefore make the 

application process faster and less 

expensive for applicants. Paragraph 

(b)(2) states that costs for administration 

of the ROW program will be collected 

by the NPS in accordance with OMB 

Circular A–25, Memorandum for Heads 

of Executive Departments and 

Establishments: User Charges at the 

current indirect cost rate. These funds 

will be retained as cost recovery under 

54 U.S.C. 103104 from the use and 

occupancy fees collected on ROW 

permits. Use and occupancy fees not 

retained for cost recovery will be 

returned to the Treasury. Paragraph 

(b)(3) gives the NPS discretion to 

consider exempt and non-exempt uses 

and users in determining the use and 

occupancy fee. When there is a mix of 

potentially exempt and non-exempt 

uses or users served by infrastructure, 

the potentially exempt uses or users 

may be eligible for a use and occupancy 

fee exemption on sufficiently discrete 

identifiable portions of the 

infrastructure that exclusively serve the 

exempt uses or users. 

Market conditions that affect the 

value of the use and occupancy of 

Federal lands and waters in System 

units can, and often do, change during 

the term of a ROW permit. Paragraph (c) 

allows the NPS to re-evaluate the use 

and occupancy fee at any time during 

the term of the ROW permit, but at a 

minimum every 10 years, so that the 

American taxpayer receives fair market 

value for the use and occupancy of the 

Federal lands and waters subject to the 

ROW. Paragraph (d) states that the use 

and occupancy fee will be re-evaluated 

during permit renewal and when a 

subsequent ROW permit is issued for 

infrastructure that was authorized under 

an expired ROW permit that was not 

renewed in a timely manner. 

Paragraph (e) updates the exemptions 

from paying a use and occupancy fee. 

Exemptions are discretionary, and 

infrastructure must be used exclusively 

for one or more of the qualifying 

criteria. This rule largely maintains the 

exemptions in existing paragraph (c) of 

§ 14.26, but clarifies circumstances 

where exemptions may be available. 

This rule removes the exemption for 

irrigation projects because it is not a 

common use within System units. 

Similarly, this rule replaces exemptions 

for non-profit and Rural Electrification 

Administration projects with a 

discretionary exemption for projects 

that clearly support the public interest 

and the mission and values of the 

System unit. 

§ 14.9 Resource Impact Considerations 

Final rule Existing regulation 

14.9 Resource impact 

considerations.

14.6 In form of easement, license, or 

permit. 

14.9(b), (c), (e), and 

(g) Terms and conditions. 

Existing regulations at § 14.6 allow 

permittees to use materials removed 

during construction elsewhere along the 

same ROW in the construction of the 

same project. Existing regulations in 

§ 14.9 require ROW permittees to agree 

to specific terms and conditions that 

prescriptively address mitigation for 

various types of impacts to System unit 

resources during construction and 

maintenance operations. Paragraph (b) 

addresses the disposition of vegetative 

and other material cut, uprooted, or 

otherwise accumulated during 

construction and maintenance. 

Paragraph (c) addresses soil and 

resource conservation and protection 


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measures, such as weed control. 

Paragraph (e) addresses roads, fences, 

and trails that are destroyed or injured 

from construction work. Paragraph (g) 

addresses reimbursement for 

merchantable timber that is cut, 

removed, or destroyed in the 

construction and maintenance of the 

project. 

Because potential mitigation actions 

will vary among System units, and even 

within a System unit, based on the 

nature and scope of each permitted 

activity, this rule replaces the special 

allowance in § 14.6 and the prescriptive 

requirements referenced above for a new 

§ 14.9 that makes general statements 

about disposition, mitigation, and 

compensation resulting from resource 

damage. This section states that the NPS 

may direct the use and disposition of all 

disturbed resources and may require a 

permittee to mitigate or compensate for 

impacts to resources and lost uses from 

permitted activities. Although not stated 

in this rule, compensation collected by 

the NPS may be retained under 54 

U.S.C. 100724(a) and used for mitigation 

actions taken by the NPS on behalf of 

the permittee. 

§ 14.10 Terms and Conditions 

Final rule Existing regulation 

14.10 Terms and conditions.14.9 Terms and conditions. 

14.31 Deviation from 

approved right-ofway. 

Existing § 14.9 contains a list of terms 

and conditions that every permittee 

must agree to comply with in a ROW 

permit, except for those that are waived 

by the Secretary in a particular case. 

Some of the terms and conditions in this 

list are outdated or unnecessarily 

specific and are therefore no longer 

necessary. For example, an existing term 

and condition in paragraph (d) directs 

permittees to prevent and suppress fires. 

This is no longer consistent with NPS 

practice and policy regarding fire 

prevention and suppression. 

This rule replaces existing § 14.9 with 

new § 14.10. Paragraph (a) of § 14.10 

states that the ROW permit will 

authorize specific operation and 

maintenance activities and that any 

such activities not specifically 

authorized in the ROW permit will 

require an additional written 

authorization or amended ROW permit. 

This is necessary to allow the NPS to 

evaluate potential new impacts to 

System unit resources, values, and 

visitors, including impacts to public 

health and safety and the visitor 

experience. This statement is consistent 

with § 14.31 of the existing regulations, 

which requires written approval for 

deviations. This rule replaces existing 

§ 14.31 with paragraph (a) of new 

§ 14.10 and with new § 14.14 (Right-ofway permit amendment) discussed 

below. 

Paragraph (b) of this section states 

that the NPS will issue a ROW permit 

for a term that is consistent with 

applicable law and policy and may be 

up to 50 years when determined 

appropriate by the NPS. Paragraph (c) 

requires permittees to agree to a smaller 

set of minimum terms and conditions in 

every approved ROW permit. Some of 

these terms and conditions are similar 

to those in existing § 14.9, but more 

clearly reflect current NPS general 

practices and policies. Because the NPS 

evaluates each request for a ROW permit 

on a case-by-case basis, this rule allows 

the NPS to require additional terms and 

conditions, or makes modifications to 

the terms and conditions in the 

regulation, that could be used to address 

resource, management, or public health 

and safety concerns that are specific to 

the particular project and System unit. 

§ 14.11 Special Use Permit for 

Construction 

Final rule Existing regulation 

14.11 Special use 

permit for construction.

14.29 Timely construction. 

Existing § 14.29 requires permittees to 

complete construction of infrastructure 

under a ROW permit in no more than 

five years or ten years for good cause. 

This rule removes these requirements 

because they are no longer meaningful 

to current NPS practice regarding the 

construction of infrastructure operated 

and maintained under a ROW permit. 

As noted in previous sections, a ROW 

permit authorizes the use of Federal 

lands and waters and the operation and 

maintenance of specific infrastructure 

within a System unit. Construction 

activities have a shorter duration and 

have potential impacts to System unit 

resources, values, public health and 

safety, and visitor experience that are 

different than those posed by operation 

and maintenance. Construction 

activities can include activities 

associated with the addition, 

adjustment, exchange, or removal of 

infrastructure. Construction of 

infrastructure is an integral step in and 

can occur at different stages after a ROW 

permit is issued. For these reasons, the 

NPS authorizes the construction of 

infrastructure under a separate special 

use permit. 

This rule creates a new § 14.11 that 

addresses the application process for 

obtaining a special use permit for 

construction. Paragraphs (a) (c) requires 

a separate special use permit before a 

ROW permittee initiates construction 

activities, requires the special use 

permit applicant to use the current 

special use permit application form, and 

requires the special use permit 

applicant to submit a complete 

application to the NPS before the NPS 

will process the application. Paragraph 

(d) states that the NPS will only issue 

a special use permit for construction 

either simultaneously with the 

execution of a ROW permit, or after a 

ROW permit has been executed. This 

will ensure that the NPS permits 

construction activities only when the 

use of the lands or waters is authorized 

and for infrastructure that has been 

separately approved for operation and 

maintenance. Paragraph (e) identifies 

information that must be submitted on 

an application for a special use permit 

for construction, including construction 

drawings, an equipment list, a 

construction schedule, maps, and a 

restoration plan (as applicable). During 

the pre-application meeting and the 

initial processing of the permit, the NPS 

may request additional information 

from the applicant related to 

construction activities. The NPS cost 

recovery authority 54 U.S.C. 103104 

applies to special use permits for 

construction and the NPS will recover 

costs consistent with NPS policy. 

The NPS has issued special use 

permits for construction of 

infrastructure that is part of a larger 

project occurring outside of the System 

unit, and then the permittee has been 

unable to secure the remaining permits 

and rights to complete the larger project. 

This has resulted in unnecessary 

impacts to System unit resources. To 

help avoid these outcomes, paragraph (f) 

allows the NPS to require an applicant 

for a special use permit for construction 

to provide an affidavit stating that all 

other required land rights, water rights, 

permits, certifications, approvals, and 

authorizations necessary for a viable 

project have been secured. 

§ 14.12 Right-of-Way Permit Renewal 

Final rule Existing regulation 

14.12 Right-of-way 

permit renewal.

N/A. 

Section 14.12 of this rule establishes 

procedures that permittees must follow 

prior to the expiration of an existing 

ROW permit to obtain a new ROW 

permit in time for associated 


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infrastructure to remain where it is in 

the System unit. Paragraph (a) explains 

that, in practice, a ROW permit renewal 

is actually the issuance of a new, 

separate ROW permit that is approved 

before the expiration of an existing 

ROW permit for the use of lands and 

waters, and the operation and 

maintenance of the same infrastructure, 

and that the new ROW permit may 

contain new terms and conditions, as 

applicable. These new terms and 

conditions could change the use and 

occupancy fee and requirements for 

financial assurance and liability 

insurance. Paragraphs (b)(1) and (b)(2) 

encourage permittees to submit 

complete applications for new ROW 

permits, following the procedures in 

§ 14.4, at least six months prior to the 

expiration of an existing ROW permit in 

order to complete a timely renewal. 

Paragraph (b)(3) states that the term of 

a ROW permit may only be reestablished for a new and continuous 

term through timely renewal. Paragraph 

(b)(4) states that the decision to renew 

a ROW permit is at the discretion of the 

NPS. Paragraph (c) clarifies that if a 

ROW permit expires prior to the 

issuance of a renewal, the infrastructure 

that had been authorized under the 

ROW permit will, upon expiration, be 

considered in trespass under § 14.15. 

§ 14.13 Right-of-Way Permit Transfer 

Final rule Existing regulations 

14.13 Right-of-way 

permit transfer.

• 14.36 Method of filing. 

• 14.37 Reimbursement of costs. 

ROW permit transfers are necessary if 

a current permittee intends to convey 

ownership or control of and 

responsibility for associated 

infrastructure to a new entity. This rule 

replaces existing § 14.36 with a new 

§ 14.13 that reflects current procedures 

used by the NPS for the transfer of a 

ROW permit. The new section is 

substantively similar to existing § 14.36. 

Paragraph (a) explains when ROW 

permit transfers are necessary. 

Paragraphs (b)(1) and (b)(2) require the 

existing permittee to submit a written 

transfer request and the new permittee 

to submit a notice of acceptance and 

agreement to comply with the terms and 

conditions of the ROW permit, plus 

information that must be submitted by 

the existing and new permittees. 

Paragraph (c) clarifies that the existing 

permittee will remain responsible for 

compliance with the terms and 

conditions of the ROW permit, 

including all financial obligations, 

unless and until a transfer is approved 

in writing by the NPS. This rule 

removes existing § 14.37, which requires 

a nonrefundable payment of $25 for all 

filings for permit transfers as a form of 

cost recovery. The NPS no longer 

charges this fee, which would not come 

close to offsetting the administrative 

costs of transferring a permit, and 

instead charges a cost recovery fee 

commensurate with actual 

administrative costs under 54 U.S.C. 

103104. 

§ 14.14 Right-of-Way Permit 

Amendment 

Final rule Existing regulation 

14.14 Right-of-way 

permit amendment.

14.31 Deviation from 

approved right-ofway. 

This rule establishes procedures for 

amending an existing ROW permit in a 

new § 14.14. Paragraph (a) allows a 

permittee to request or the NPS to 

initiate an amendment to a ROW permit. 

This paragraph also states that if the 

NPS initiates an amendment, it will 

provide notice to the permittee. 

Paragraph (b) states that an amendment 

could address infrastructure, location, 

access, operation and maintenance 

activities, the use and occupancy fee, a 

new permittee as a result of an approved 

transfer, or other terms and conditions. 

Paragraphs (b)(1) and (b)(2) state that 

amendments to authorized uses, 

including infrastructure, or to 

authorized locations will require the 

permittee to submit some or all of the 

materials that are required for new 

applications under § 14.4, and if the 

amendments are significant, the 

submission of a completely new 

application under § 14.4. An example of 

a significant amendment would be a 

request to add new infrastructure 

outside of the approved permitted area. 

These provisions are consistent with 

existing § 14.31, which requires an 

amended application for substantial 

deviations, and would be replaced by 

these new paragraphs of § 14.14 and by 

new paragraph (a) of new § 14.9 (Terms 

and conditions) discussed above. 

As explained above, § 14.12 of this 

rule states that the full term of a ROW 

permit can only be reset if the permit is 

renewed in a timely manner. The NPS 

recognizes, however, that there may be 

barriers that arise that prevent timely 

renewal. For this reason, paragraph (c) 

of § 14.14 allows the NPS to extend the 

term of an existing ROW permit by 

amendment, for up to one year, if there 

is a reasonable delay or ongoing good 

faith negotiations regarding the renewal 

of an expiring ROW permit. Paragraph 

(d) requires the permittee to submit 

amendment requests in writing with 

information necessary for the NPS to 

evaluate the request. In paragraph (d)(7), 

this rule allows the NPS to require 

additional informational necessary to 

properly evaluate a requested 

amendment. Paragraph (e) states that 

decisions to approve amendments are at 

the discretion of the NPS, and that any 

approved amendment is deemed part of 

the original ROW permit. 

§ 14.15 Right-of-Way Permit 

Suspension and Termination 

Final rule Existing regulations 

14.15 Right-of-way 

permit suspension 

and termination.

• 14.30 Nonconstruction, abandonment 

or nonuse. 

• 14.33 Order of cancellation. 

Section 14.30 of the existing 

regulations allows the NPS to cancel 

ROW permits for failure to construct 

within the period allowed and for 

abandonment or nonuse. Section 14.33 

of the existing regulations allows the 

NPS to cancel ROW permits for any 

violation of the regulations or permit 

terms and conditions. This rule replaces 

these provisions with a new § 14.15 that 

addresses termination of a ROW permit 

by either the NPS or the permittee, 

suspension of a ROW permit by the 

NPS, and for the first time in regulations 

creates an opportunity for permittees to 

cure the cause of the suspension or 

termination. Paragraph (a) states that at 

any time upon written notice provided 

to the permittee, the NPS may suspend 

or terminate all or any part of the permit 

without liability or expense to the 

United States. If the NPS intends to 

suspend or terminate all or part of a 

ROW permit, paragraph (b) allows the 

NPS to provide the permittee with an 

opportunity to cure the cause of the 

suspension or termination prior to it 

taking effect. Paragraph (c) lists the most 

common specific reasons for suspension 

and termination of a ROW permit, and 

also states that the NPS may suspend or 

terminate a ROW permit at its 

discretion. If a permittee seeks to 

terminate a ROW permit, paragraph (d) 

requires the permittee to provide 

written notice to the NPS and identify 

the desired date of termination. 

Paragraph (e) states that, upon 

suspension, the permittee remains 

responsible for fulfilling all obligations 

under the permit, including payment of 

any use and occupancy fees and cost 

recovery due. Paragraph (f) states that, 

upon termination, the permittee remains 

responsible for fulfilling all permit 

obligations, including required 

payments, restoration and reclamation 


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activities. The ongoing duties and 

responsibilities are meant to protect the 

American taxpayer from incurring the 

permittee’s liabilities and financial 

responsibilities. 

§ 14.16 Trespass 

Final rule Existing regulation 

14.16 Trespass ......... 14.8 Unauthorized 

occupancy. 

Section 14.8 of the existing 

regulations states that occupancy and 

use of Federal lands without authority 

will result in prosecution and liability 

for trespass. This rule replaces this 

section with more comprehensive 

regulations about trespass in a new 

§ 14.16. Paragraph (a) expressly 

prohibits any uses, activities, or 

infrastructure not specifically 

authorized under a valid ROW permit or 

other legal authorization and states that 

such uses are considered a trespass 

against the United States. Paragraph (b) 

allows the NPS to require an entity in 

trespass to immediately remove the 

infrastructure and cease the uses or 

associated activities, and to pursue 

additional legal remedies, penalties, and 

fees. Paragraph (c) allows the NPS to 

continue to enforce the terms and 

conditions of an expired ROW permit, 

including the collection of cost recovery 

and use and occupancy fees. Paragraph 

(d) allows the NPS to require an entity 

to apply for a permit that authorizes 

maintenance activities on infrastructure 

in trespass. This permit would not cure 

the trespass and be considered only to 

maintain the safety of the infrastructure, 

and to protect public health and safety, 

visitor experience, or the resources and 

values of the System unit. 

§ 14.17 Penalties 

Final rule Existing regulation 

14.17 Penalties ......... N/A. 

N/A ............................ 1.3 Penalties. 

This rule adds a new provision in 

§ 14.17 and makes a corresponding 

revision to § 1.3 so that a violation of 

any regulation in part 14 or any term 

and conditions of a ROW permit may 

result in criminal penalties provided 

under 18 U.S.C. 1865, including fine, 

imprisonment, or both. 

§ 14.18 Restoration and Reclamation 

Final rule Existing regulation 

14.18 Restoration and 

reclamation.

14.38 Disposal of 

property on termination of right-ofway. 

Existing § 14.38 gives permittees at 

least six months to remove property and 

improvements from the ROW before 

they become the property of the United 

States. This provision is replaced by 

subparagraph (c)(7) of § 14.10 of this 

rule, which requires as a standard term 

and condition of each ROW permit that 

the permittee remove all infrastructure 

from the permitted area within at least 

six months of the expiration or 

termination of the ROW permit. 

New § 14.18 of this rule establishes 

procedures and requirements for site 

restoration and reclamation in addition 

to those included in the terms and 

conditions of a ROW permit. Paragraph 

(a) requires the permittee, after the 

expiration or termination of the ROW 

permit, to restore or reclaim the 

permitted area to NPS standards 

directed and approved by the NPS. If 

the required reclamation and restoration 

activities are not addressed in the 

approved ROW permit, the NPS may 

require the permittee to apply for and 

obtain a separate special use permit 

authorizing those activities, with 

appropriate terms and conditions. The 

special use permit will establish a 

reasonable schedule for completion of 

all reclamation and restoration activities 

under the permit. If those activities are 

not completed within a reasonable 

period of time, or according to the 

schedule established in the special use 

permit, paragraph (b) makes the 

permittee liable to the NPS for all costs 

associated with reclamation or 

restoration of the permitted area 

undertaken by the NPS, or its 

contractor, to the satisfaction of the 

NPS. Paragraph (b) also states that the 

permittee’s liability for such costs 

survives the expiration or termination of 

the ROW permit. 

§ 14.19 Severability 

Final rule Existing regulation 

14.19 Severability ..... N/A. 

The NPS intends the regulations in 

this rule to be severable. If any portion 

of this final rule were to be stayed or 

invalidated by a reviewing court, the 

remaining elements would continue to 

provide the NPS with important and 

independently effective tools relating to 

the administration of its ROW program. 

Hence, if a court prevents any provision 

of this rule from taking effect, that 

should not affect the other parts of the 

rule. The remaining provisions would 

remain in force because they could still 

operate sensibly. 

Compliance With Other Laws, 

Executive Orders and Department 

Policy 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563 and 

14094) 

Executive Order (E.O.) 14094 amends 

E.O. 12866 and reaffirms the principles 

of E.O. 12866 and E.O 13563 and states 

that regulatory analysis should facilitate 

agency efforts to develop regulations 

that serve the public interest, advance 

statutory objectives, and are consistent 

with E.O. 12866 and E.O. 13563. 

Regulatory analysis, as practicable and 

appropriate, shall recognize distributive 

impacts and equity, to the extent 

permitted by law. E.O. 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 

developed this rule in a manner 

consistent with these requirements. 

E.O. 12866, as reaffirmed by E.O. 

13563 and amended and reaffirmed by 

E.O. 14094, provides that the Office of 

Information and Regulatory Affairs 

(OIRA) in the Office of Management and 

Budget (OMB) will review all significant 

rules. OIRA determined that this final 

rule is not significant. 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.) generally requires 

that Federal agencies prepare a 

regulatory flexibility analysis for rules 

subject to the notice-and-comment 

rulemaking requirements under the 

Administrative Procedure Act (5 U.S.C. 

500 et seq.), if the rule would have a 

significant economic impact, whether 

detrimental or beneficial, on a 

substantial number of small entities. See 

5 U.S.C. 601–612. Congress enacted the 

RFA to ensure that government 

regulations do not unnecessarily or 

disproportionately burden small 

entities. Small entities include small 

businesses, small governmental 

jurisdictions, and small not-for-profit 

enterprises. 

This rule will benefit small businesses 

by streamlining NPS regulations for 

permitting ROWs and thereby reducing 

the amount of time that NPS requires to 

issue many ROW permits. This rule 

suggests optional pre-application 

meetings to provide small businesses 

with information early in the process 

about the NPS’s estimated time and cost 

to evaluate and process a ROW permit 

application, increasing regulatory 

certainty. The NPS reviewed the Small 

Business Size standards for the affected 


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industries and determined that a large 

share of the entities in the affected 

industries are small businesses as 

defined by the Small Business Act. The 

NPS believes, however, that the impact 

on the small entities is not significant 

because this rule will impact a small 

number of small entities, and those 

effects would not be economically 

significant. In summary, the NPS has 

considered whether this rule will result 

in a significant economic impact on a 

substantial number of small entities. 

The NPS certifies that this rule will not 

have a significant economic impact on 

a substantial number of small business 

entities. Therefore, a regulatory 

flexibility analysis is not required. 

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 (2 

U.S.C. 1501 et seq.) 

This rule will not impose an 

unfunded mandate on Tribal, State, or 

local governments or the private sector 

of more than $100 million per year. This 

rule does not have a significant or 

unique effect on Tribal, State, or local 

governments or the private sector. It 

addresses public use of national park 

lands and imposes no requirements on 

other agencies or governments. A 

statement containing the information 

required by the Unfunded Mandates 

Reform Act (2 U.S.C. 1531 et seq.) is not 

required. 

Takings (Executive Order 12630) 

This rule will 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, this rule does 

not have sufficient federalism 

implications to warrant the preparation 

of a federalism summary impact 

statement. This rule only affects the use 

of federally-administered lands and 

waters. It has no outside effects on other 

areas. This rule affects the NPS’s 

administration of the ROW Program and 

has no substantial, direct effects on the 

States, on the relationships between the 

Federal Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. A federalism 

summary impact statement is not 

required. 

Civil Justice Reform (Executive Order 

12988) 

This 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 and 

ANCSA Corporations (Executive Order 

13175 and Department Policy) 

The DOI strives to strengthen its 

government-to-government relationship 

with Indian Tribes through a 

commitment to consultation with Indian 

Tribes and recognition of their right to 

self-governance and Tribal sovereignty. 

The NPS has evaluated this rule under 

the criteria in Executive Order 13175 

and under the DOI’s Tribal consultation 

policy and has determined that tribal 

consultation is not required because this 

rule will not have a substantial direct 

effect on federally recognized Indian 

Tribes. This rule has no impact on 

Tribal lands, as it applies only to ROW 

permits issued by the NPS for the use 

and occupancy of lands and waters, and 

interests in lands and waters, 

administered by the NPS within System 

units. Indian tribes have jurisdiction 

over their own lands, subject to the 

Secretary’s trust responsibility. There 

will be opportunities for consultation 

with Tribes on individual ROW 

permitting decisions. Paragraph (a)(1) of 

§ 14.5 of this rule states that the NPS 

will issue a ROW permit only if the 

proposed operation and maintenance of 

infrastructure are consistent with 

applicable laws and policies, including 

statutes governing administration of the 

National Park System, regulations, and 

NPS planning documents. This 

evaluation will include consideration of 

whether issuing the ROW permit would 

cause a significant impact to one or 

more Tribes and, if so, the NPS will 

consult with potentially affected Tribes 

prior to issuing the permit under 

Executive Order 13175. 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.) 

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 of 1995 (44 U.S.C. 3501 

et seq.). OMB has previously approved 

the information collection requirements 

associated with the NPS’s use of 

Common Form SF–299 and assigned 

OMB Control Number 0596–0249 

(expires 1/31/2027); and the currently 

approved NPS form 10–930, assigned 

OMB Control Number 1024–0026 

(expires 7/31/27). You may view the 

information collection request(s) at 

https://www.reginfo.gov/public/do/ 

PRAMain. 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 (NEPA; 42 U.S.C. 4321 et seq.) 

This rule does not constitute a major 

federal action significantly affecting the 

quality of the human environment. A 

detailed statement under NEPA is not 

required because this rule is covered by 

a categorical exclusion. This rule is 

covered by the categorical exclusion in 

Section 3.2.H of the NPS NEPA 

Handbook (2015), which allows for the 

following to be categorically excluded: 

‘‘policies, directives, regulations, and 

guidelines that are of an administrative, 

financial, legal, technical, or procedural 

nature, or whose environmental effects 

are too broad, speculative, or conjectural 

to lend themselves to meaningful 

analysis and will later be subject to the 

NEPA process, either collectively or 

case-by-case.’’ The NPS has determined 

that this rule does not involve any of the 

extraordinary circumstances listed in 43 

CFR 46.215 that would require further 

analysis under NEPA. 

Alternatively, NPS NEPA Handbook 

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.’’ 


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Effects on the Energy Supply (Executive 

Order 13211) 

Executive Order 13211 (Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use) requires agencies 

to prepare statements of energy effects 

when undertaking certain actions. This 

rule will not significantly affect energy 

supplies, distribution, or use. Moreover, 

this rule is not a significant regulatory 

action as determined by OIRA, and the 

OIRA administrator has not designated 

this rule as a significant energy action. 

Therefore, this action is not a significant 

energy action, and no statement of 

energy effects is required. 

List of Subjects 

36 CFR Part 1 

National parks, Penalties, Reporting 

and recordkeeping requirements, and 

Signs and symbols. 

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 

parts 1 and 14, as set forth below: 

PART 1—GENERAL PROVISIONS 

The authority citation for part 1 

continues to read as follows: 

■ 1. Authority: 54 U.S.C. 100101, 

100751, 320102. 

§ 1.2 [Amended] 

■ 2. In § 1.2(b) and (d), remove the word 

‘‘and’’ after ‘‘part 7,’’ and add the phrase 

‘‘, and part 14’’ after ‘‘part 13’’. 

§ 1.3 [Amended] 

■ 3. In § 1.3(a), remove the phrase ‘‘parts 

12 and 13 of this chapter’’ and add in 

its place the phrase ‘‘parts 12, 13, and 

14 of this chapter’’. 

■ 4. Revise part 14 to read as follows: 

PART 14—RIGHTS-OF-WAY 

Sec. 

14.1 Purpose and scope. 

14.2 Definitions for this part. 

14.3 Pre-application meeting. 

14.4 Right-of-way permit application. 

14.5 Review of a complete right-of-way 

permit application. 

14.6 Application withdrawal. 

14.7 Cost recovery. 

14.8 Use and occupancy fee. 

14.9 Resource impact considerations. 

14.10 Terms and conditions. 

14.11 Special use permit for construction. 

14.12 Right-of-way permit renewal. 

14.13 Right-of-way permit transfer. 

14.14 Right-of-way permit amendment. 

14.15 Right-of-way permit suspension and 

termination. 

14.16 Trespass. 

14.17 Penalties. 

14.18 Restoration and reclamation. 

14.19 Severability. 

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

100751; 54 U.S.C. 103104; 31 U.S.C. 9701 

§ 14.1 Purpose and scope. 

(a) Consistent with applicable Federal 

law, the regulations in this part 

establish procedures an entity must 

follow when applying for a right-of-way 

permit and provisions under which the 

NPS may authorize a right-of-way 

permit within a National Park System 

unit, under applicable current or future 

statutory authority, whether the 

statutory authority is System-wide or 

specific to a System unit. 

(b) The regulations in this part ensure 

that use of lands and waters, and the 

operation and maintenance of 

infrastructure under a right-of-way 

permit will: 

(1) Comply with all applicable 

statutory authorities, including the NPS 

Organic Act (54 U.S.C. 100101 et seq.); 

(2) Protect lands, waters, and 

resources of the National Park System; 

and 

(3) Protect visitor uses and 

experiences within the National Park 

System, as well as promote the health 

and safety of the public and NPS 

employees and volunteers. 

§ 14.2 Definitions for this part. 

Applicant means an entity that has 

submitted an application for a right-ofway permit or an application for a 

special use permit for construction. 

Co-location means the placement of 

infrastructure on or in authorized 

infrastructure owned or controlled by 

another or within an area authorized for 

use by another. 

Entity means a party including, but 

not limited to, Federal, State, and local 

governments, Tribes, citizens, and 

organizations of the United States, 

including corporations, associations, 

partnerships, and non-profit 

organizations. 

Infrastructure means public utilities 

and power and communications 

facilities, as described in 54 U.S.C. 

100902, and any other equipment, 

facility, installation or use that the NPS 

may authorize under a right-of-way 

permit. 

Operation and maintenance means 

the use of infrastructure for purposes 

specifically authorized in a right-of-way 

permit, including means of access and 

actions associated with its service on a 

routine and on-going basis to ensure 

good order, safe conditions, and timely 

repair. 

Permitted area means the land or 

water mapped, described, and 

authorized for use of lands and waters, 

and operation and maintenance in a 

right-of-way permit or for construction 

in a special use permit for construction, 

and may include routes and means of 

access. 

Permittee means an entity that holds 

a current, fully executed right-of-way 

permit or a special use permit for 

construction. 

Right-of-way permit means a 

discretionary and revocable special use 

permit issued by the NPS to authorize 

the use of lands and waters, and 

operation and maintenance. A right-ofway permit does not grant, convey, or 

imply transfer of title to any interest in, 

including a leasehold or easement 

interest in, the lands or waters 

authorized for use. 

Special use permit for construction 

means a discretionary and revocable 

special use permit issued by the NPS to 

authorize the construction of 

infrastructure, or construction activities 

associated with infrastructure, within 

the National Park System. A special use 

permit for construction does not grant, 

convey, or imply transfer of title to any 

interest in, including a leasehold or 

easement interest in, the lands or waters 

authorized for use. 

§ 14.3 Pre-application meeting. 

Prior to submitting an application for 

a right-of-way permit, the potential 

applicant should contact the 

superintendent of the System unit that 

would be affected by the project to 

schedule a pre-application meeting to 

discuss the project and the permitting 

process along with applicable law and 

policy. Through a pre-application 

meeting, the NPS may inform the 

potential applicant about 

documentation needed to make an 

application complete, and provide the 

potential applicant with an expected 

timeline and potential costs the NPS 

will incur to review and process the 

application. 

§ 14.4 Right-of-way permit application. 

(a) Complete application requirement. 

The NPS will not begin processing a 

right-of-way permit application until it 

has determined the applicant has 

complied with the requirements in this 

part, including the submission of all 

required information. Making this 

determination does not guarantee the 

NPS will issue a right-of-way permit. 

(b) Application form. (1) To request a 

right-of-way permit, applicants must 

submit a complete Standard Form 299, 

Application for Transportation, Utility 

Systems, Telecommunications and 

Facilities on Federal Lands and Property 

(SF–299), or the applicable common 


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form approved by the General Services 

Administration at the time of the 

application, including all materials 

required in the SF–299 and this part, to 

the superintendent of the System unit. 

If materials required in this part were 

previously filed with the superintendent 

for the issuance of another right-of-way 

permit for the same System unit, the 

NPS may decide the applicant is not 

required to resubmit these materials, 

provided the previous date of filing, 

place of filing, and existing right-of-way 

permit number are included in the new 

application. 

(2) The SF–299 must be signed by the 

applicant or applicant’s authorized 

representative. 

(3) The applicant must submit the 

application charge pursuant to § 14.7 of 

this part. 

(c) Applicant documentation. Only 

citizens, corporations, partnerships, and 

associations of the United States are 

eligible to apply for a right-of-way 

permit. 

(1) Corporations. An application by a 

corporation must include: 

(i) A copy of its charter or articles of 

incorporation, duly certified by the 

proper official of the State where the 

corporation was organized. 

(ii) A copy of the law under which the 

corporation was formed and proof of 

organization and good standing under 

the same. 

(iii) If a corporation is operating in a 

State other than its State of 

incorporation, a certificate of good 

standing from the proper official of the 

State where it is operating that it has 

complied with the laws of that State 

governing foreign corporations 

operating in such State. 

(iv) An affidavit from the appropriate 

individual at the corporation certifying: 

(A) The corporation’s ability to do 

business in the State or States where the 

affected park area is located; 

(B) The corporation’s ability to file an 

application for the stated purpose; and 

(C) The ability of the individual filing 

the application to bind and sign for the 

corporation for purposes of the 

application. 

(2) Partnerships, limited liability 

companies, and similar entities. An 

application by an association of 

individuals with legal standing must be 

accompanied by: 

(i) A certified copy of articles of 

association or other current governing 

documents, if any, indicating 

appropriate signature authority and 

authority to file the application. If these 

articles or documents do not exist, all 

members must sign the application. 

(ii) Evidence of U.S. citizenship for 

each individual member of the 

association. 

(3) Individuals. An application by an 

individual must be accompanied by 

evidence of U.S. citizenship. 

(d) Maps. (1) Applicants must provide 

a map that meets current NPS mapping 

standards, showing at a minimum: 

(i) The area proposed to be included 

in the right-of-way permit, including the 

placement of proposed infrastructure; 

and 

(ii) Proposed access points and routes 

(including uses of existing roads), and 

other areas associated with the right-ofway permit. 

(2) The NPS may require an official 

land survey, legal description, and 

digital information. 

(e) Water Rights. Unless otherwise 

required by Federal law, applications 

requesting authorization to operate and 

maintain infrastructure to support the 

storage, diversion, conveyance, or use of 

water, must include proof of the 

applicant’s valid water right from the 

appropriate State official or State law. 

(f) Access. (1) The applicant must 

include a description of proposed access 

routes and means of access. 

(2) Access routes and means of access 

will be limited to existing roads, or 

existing or NPS-approved routes, trails, 

or access points. 

(3) Unless otherwise provided by law, 

the NPS will not authorize new roads by 

a right-of-way permit. 

(4) No right of access is granted under 

a right-of-way permit. Access routes and 

means of access identified in a right-ofway permit are revocable at the 

discretion of the NPS. 

(g) Co-location. (1) The applicant 

must design infrastructure to 

accommodate co-location to the greatest 

extent possible after consideration of 

potential impacts to park area resources, 

values, public health and safety, and 

visitor experience. 

(2) Before proposing a new or 

undisturbed location for infrastructure, 

the applicant must demonstrate that 

they have evaluated all options for colocation with existing infrastructure. 

(3) Each entity seeking to co-locate 

will be required to have a separate rightof-way permit. 

(h) Financial assurance and liability 

insurance. As appropriate to the 

proposed project, the NPS may require 

proof of acceptable financial assurance 

and liability insurance. 

(i) Additional Information. The NPS 

may require in writing that applicants 

submit additional information before an 

application is considered complete. 

§ 14.5 Review of a complete right-of-way 

permit application. 

(a) Standards of review. (1) The NPS 

will issue a right-of-way permit only if 

the proposed use of lands and waters, 

and operation and maintenance are not 

incompatible with the public interest 

and consistent with applicable laws and 

policies, including statutes governing 

administration of the National Park 

System, regulations, and NPS planning 

documents. 

(2) Except where Federal law provides 

otherwise, the NPS will issue a right-ofway permit only if the applicant has 

demonstrated that there is no 

practicable alternative to locating the 

infrastructure within the National Park 

System. 

(b) Managerial findings. After 

completing review of an application, the 

NPS will notify the applicant in writing 

that the right-of-way permit is: 

(1) Conditionally approved; or 

(2) Denied, with an explanation. 

(c) Execution of right-of-way permits. 

The applicant must sign a conditionally 

approved right-of-way permit prior to 

execution by the NPS. No right-of-way 

permit is valid until it has been 

executed by the NPS. 

(d) Behavior and conduct. At any time 

during the application process for a 

right-of-way permit, the NPS may, in its 

discretion, suspend or end the 

application process if the applicant: 

(1) Is delinquent in paying any cost 

recovery, use and occupancy fees, or 

other debts to the Federal Government; 

(2) Has an unresolved criminal or 

civil violation with the Federal 

Government; 

(3) Has been notified that they are 

liable for damages under the System 

Unit Resource Protection Act (SURPA), 

54 U.S.C. 100721–100725, for injuries to 

park area resources, or have not 

resolved or fully paid response costs 

and damages under SURPA; or 

(4) Has caused unpermitted resource 

damage, impacts to visitors, 

management problems, or the applicant 

has violated the terms and conditions of 

any permit issued by a Federal agency, 

including the NPS. 

§ 14.6 Application withdrawal. 

(a) An applicant may withdraw an 

application at any time during the 

permitting process. 

(b) If at any time during the 

permitting process an applicant does 

not respond to a written communication 

from the NPS within 90 days, the NPS 

may presume that the application has 

been withdrawn without further notice 

to the applicant. 

(c) When an application is withdrawn 

or presumed withdrawn, the permitting 


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process is terminated and the applicant 

must resubmit a new application 

pursuant to § 14.4 of this part. 

§ 14.7 Cost recovery. 

(a) The NPS will recover all costs 

from applicants and permittees 

pursuant to 54 U.S.C. 103104, according 

to NPS cost recovery policy, even in the 

case of withdrawn or denied 

applications, and suspended or 

terminated right-of-way permits. In 

addition to the application charge 

referred to in paragraph (b) of this 

section, the NPS may recover other 

actual costs incurred in processing an 

application for a right-of-way permit or 

special use permit for construction, 

including, but not limited to, costs 

incurred from completion of required 

compliance and reviews, appraisal or 

valuation related costs, and costs 

incurred from monitoring or managing 

permittee activities during the term of a 

permit. 

(b) An applicant must pay an 

application charge with each 

application for a right-of-way permit 

unless this charge is waived by the NPS 

pursuant to NPS cost recovery policy. 

The application charge will include 

costs incurred by the NPS for review of 

the application to determine if it is 

complete. At its discretion, the NPS also 

may include costs incurred for initial 

discussions (including pre-application 

meetings) in the application charge. 

(1) The minimum application charge 

for a right-of-way permit is the cost of 

two hours of the System unit permit 

coordinator’s time, plus one hour of 

their supervisor’s time, including 

overhead costs. 

(2) If the System unit permit 

coordinator is the superintendent, then 

the minimum application charge is the 

cost of two hours of the 

superintendent’s time, including 

overhead costs. 

(3) The application charge addresses 

the costs incurred by the NPS in 

initially discussing and reviewing an 

application for completeness and does 

not constitute all of the costs that the 

NPS may recover. 

§ 14.8 Use and occupancy fee. 

(a) Every permittee must pay a use 

and occupancy fee to the NPS for the 

use and occupancy of federally owned 

lands and waters within the National 

Park System, except as provided in 

paragraph (e) of this section. 

(b) The use and occupancy fee will be 

the fair market value of the use and 

occupancy of federally owned lands and 

waters under the right-of-way permit. 

(1) The NPS may adopt any method 

approved by the Department of the 

Interior to determine the use and 

occupancy fee. 

(2) Costs for administration of the 

right-of-way program will be collected 

by the NPS in accordance with OMB 

Circular A–25 at the current indirect 

cost rate and will be retained as cost 

recovery under 54 U.S.C. 103104 out of 

the use and occupancy fees collected on 

right-of-way permits issued. 

(3) If a permittee’s infrastructure is for 

both exempt and non-exempt uses or 

users, as provided in paragraphs (e)(1) 

through (4) of this section, only those 

discrete portions that serve exempt uses 

or users may be eligible for exemption 

from the use and occupancy fee. 

(c) The use and occupancy fee may be 

re-evaluated at any time during the term 

of a right-of-way permit at the discretion 

of the NPS, but at a minimum will be 

re-evaluated every 10 years. 

(d) The use and occupancy fee will be 

re-evaluated when a right-of-way permit 

is renewed under § 14.12 of this part 

and when a subsequent right-of-way 

permit is issued for infrastructure that 

was authorized under an expired rightof-way permit that was not renewed in 

a timely manner. 

(e) A permittee may be exempt from 

paying a use and occupancy fee if their 

infrastructure is exclusively: 

(1) Used by a Federal Government 

agency, including the NPS; 

(2) Serving the purposes of an 

authorized use and occupancy for 

which the NPS is already receiving 

compensation that was determined in 

consideration of services provided by 

the permittee; 

(3) Operated or used by a Tribal, 

State, or local government for a direct 

non-commercial use; or 

(4) For a project that is clearly in the 

public interest and consistent with the 

purposes and values of the park area. 

§ 14.9 Resource impact considerations. 

The NPS may direct the use and 

disposition of resources disturbed under 

a right-of-way permit. The permittee 

may be required to mitigate or 

compensate for permitted impacts to 

NPS resources and lost uses. 

§ 14.10 Terms and conditions. 

(a) A right-of-way permit will 

authorize the permittee to conduct 

specific operation and maintenance. 

Operation and maintenance not 

specifically authorized in the right-ofway permit requires written 

authorization or an amended right-ofway permit. 

(b) The NPS will issue a right-of-way 

permit for a term that is consistent with 

applicable law and policy and may be 

up to 50 years when determined 

appropriate by the NPS. 

(c) A permittee, by accepting a rightof-way permit, agrees and consents to 

comply with and be bound by the 

following terms and conditions, and any 

additional terms and conditions or 

modifications that may be required by 

the NPS in a right-of-way permit: 

(1) To comply with all applicable 

laws and policies, including NPS 

regulations and planning documents. 

(2) To ensure that all of its employees, 

agents, officers, contractors, and 

subcontractors comply with all of the 

terms and conditions of the right-of-way 

permit and requirements of this part. 

(3) To pay the United States the full 

value of all damage to the lands, waters, 

or other property of the United States 

caused by permittee or permittee’s 

employees, agents, officers, contractors, 

and subcontractors, and to indemnify 

the United States against any liability 

for damages to life, person, or property 

arising from operation and maintenance; 

except that where a right-of-way permit 

is issued to a State or other government 

agency whose power to assume liability 

by agreement is limited by law, such 

State or agency shall indemnify the 

United States as provided above to the 

extent allowed by law. 

(4) That the exercise of authorized 

activities under a right-of-way permit 

will not unduly interfere with the 

management, administration, or 

disposal by the United States of any 

land, waters, structures, or interests in 

land or waters affected thereby. The 

permittee must agree and consent to the 

use and occupancy by the United States, 

its grantees, permittees, licensees, 

invitees, and lessees of any part of the 

permitted area not actually occupied for 

the purpose of the right-of-way permit 

to the extent that such use does not 

materially interfere with the full and 

safe utilization thereof by the permittee. 

(5) That except as expressly 

authorized by the right-of-way permit or 

subsequently approved in writing by the 

NPS, the permittee may not move, 

remove, alter, damage, or destroy any 

park area resources, including 

vegetation, within the permitted area or 

other areas of the System unit. As 

directed by the NPS, the permittee must 

take all reasonable measures to avoid or 

minimize damage to park area 

resources. The NPS may require 

mitigation or compensation for 

permitted impacts to System unit 

resources authorized under this permit. 

The NPS may also direct the use and 

disposition of the disturbed resources. 

(6) That the NPS will have a right of 

access at any time to the permitted area. 

(7) That, unless an extension is 

granted in writing by the NPS, within 6 

months after the expiration or 


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termination of the right-of-way permit, 

the permittee will have completed 

removal of all infrastructure from the 

permitted area, as well as restoration 

and reclamation of the permitted area, 

to NPS standards directed and approved 

by the NPS. Any infrastructure not 

removed within that time will be 

deemed abandoned and will be 

disposed of in accordance with 

applicable Federal law, and the 

permittee will be liable for all costs 

incurred by the NPS that are associated 

with removing and disposing of such 

infrastructure, as well as with 

restoration and reclamation of the 

permitted area, to the satisfaction of the 

NPS. This obligation will survive the 

termination or expiration of a right-ofway permit. 

(8) That the right-of-way permit terms 

and conditions, use and occupancy fee, 

and other stipulations and provisions 

may be modified during a right-of-way 

permit transfer, amendment, or renewal 

process. 

§ 14.11 Special use permit for 

construction. 

(a) Permit requirement. Applicants 

must apply for and obtain a separate 

special use permit for construction prior 

to beginning construction associated 

with a right-of-way permit. 

(b) Application form. The applicant 

must use the currently approved 

application form for a special use 

permit. 

(c) Complete application. The NPS 

will not begin processing an application 

for a special use permit for construction 

until the NPS has reviewed the 

application and determined that it is 

complete. 

(d) Associated right-of-way permit. 

The NPS will only issue a special use 

permit for construction simultaneously 

or after it issues an associated right-ofway permit. 

(e) Application information. (1) The 

applicant must include all of the 

information required by the currently 

approved special use permit application 

form. This information must include, at 

a minimum, the following information: 

(i) Description of proposed activity. 

(ii) Requested location. 

(iii) Proposed schedule, including 

proposed start and end dates, and 

interim activities. 

(iv) List of equipment. 

(2) The applicant is encouraged to 

attach additional pages with 

information useful in evaluating the 

permit request, including: 

(i) Construction drawings. 

(ii) A map showing areas for 

construction activities, including 

staging areas and access routes. 

(iii) A construction area restoration 

plan, as applicable. 

(3) The NPS may require additional 

information by written request. 

(f) Affidavit. Prior to issuing a special 

use permit for construction, the NPS 

may require the applicant to provide an 

affidavit stating that all other required 

land rights, water rights, permits, 

certifications, approvals, and 

authorizations necessary for a viable 

project have been secured. 

§ 14.12 Right-of-way permit renewal. 

(a) Right-of-way permit renewal 

means the issuance of a new, separate, 

consecutive right-of-way permit, in 

response to a timely right-of-way permit 

application, for a new term and with 

new terms and conditions, as 

applicable. 

(b) A permittee must submit a new, 

complete right-of-way permit 

application to continue use of lands and 

waters, and operation and maintenance 

of infrastructure beyond the term of a 

current right-of-way permit, unless the 

current right-of-way permit is extended 

under § 14.14(c) of this part. 

(1) Permittees are encouraged to 

submit a timely, complete application at 

least six months prior to expiration of 

their current right-of-way permit. 

(2) Renewal applications must meet 

the criteria in § 14.4 of this part. 

(3) The term of a right-of-way permit 

may only be reset for a new and 

continuous term by renewal. 

(4) The decision to renew a right-ofway permit is at the discretion of the 

NPS. 

(c) If a right-of-way permit expires 

prior to issuance of a renewal, the 

infrastructure that had been authorized 

under the right-of-way permit will, 

upon expiration, be considered in 

trespass under § 14.16 of this part. 

§ 14.13 Right-of-way permit transfer. 

(a) Right-of-way permit transfers are 

necessary when a current permittee 

intends to convey ownership or control 

of and responsibility for the use and 

lands and waters, and operation and 

maintenance to a new entity. 

(b) The NPS will not consider a 

transfer request until both of the 

following have occurred: 

(1) The current permittee has 

provided a written request to the NPS 

that is signed by a representative legally 

authorized to bind the permittee, that 

contains the permit number and a 

statement clearly describing the reason 

for the requested transfer. 

(2) The new entity has provided the 

NPS with written notice of its 

acceptance of and agreement to comply 

with the terms and conditions of the 

existing right-of-way permit. The 

written notice must be signed by a 

representative legally authorized to bind 

the new entity, and must contain the 

following information: 

(i) Name of the entity; 

(ii) Address and phone number of the 

entity; 

(iii) Name, title, and contact 

information of the representative of the 

entity assuming responsibility for the 

right-of-way permit; 

(iv) Statement affirming that the 

existing permitted uses, permitted areas, 

and purposes specified in the right-ofway permit remain the same; 

(v) Proof of acceptable financial 

assurance and liability insurance, if 

required as a condition of the right-ofway permit, or requested as a 

modification by the NPS; 

(vi) Proof of eligibility and suitability 

to hold a right-of-way permit as required 

by § 14.4 and § 14.5 of this part; and 

(vii) Any additional information that 

the NPS may require by written request. 

(c) The decision to approve a transfer 

is at the discretion of the NPS. A rightof-way permit transfer will be 

documented as an amendment to the 

existing right-of-way permit and will be 

reviewed and executed using the 

procedures that apply to the review and 

execution of right-of-way permits in 

paragraphs (a)–(d) in § 14.5 of this part. 

(d) Unless and until a transfer is 

approved in writing by the NPS, the 

current permittee named on the right-ofway permit will remain responsible for 

compliance with the terms and 

conditions of the right-of-way permit, 

including all financial obligations. 

§ 14.14 Right-of-way permit amendment. 

(a) A permittee may request or the 

NPS may initiate an amendment to a 

right-of-way permit. If the NPS initiates 

an amendment, it will provide notice to 

the permittee. 

(b) An amendment to an existing 

right-of-way permit may address 

operation and maintenance, the use and 

occupancy fee, a new permittee as a 

result of an approved transfer, or other 

terms and conditions. 

(1) If a permittee requests an 

amendment to a right-of-way permit that 

would modify, change, or add to the 

authorized uses or locations, then the 

NPS may require the permittee to 

include some or all of the materials 

required under § 14.4. 

(2) If modifications, changes, or 

additions to the authorized uses or 

locations proposed by the permittee are 

deemed significant by the NPS, then the 

NPS may require the permittee to 

submit a complete right-of-way permit 

application requesting a new right-ofway permit. 


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96554 Federal Register / Vol. 89, No. 234 / Thursday, December 5, 2024 / Rules and Regulations 

(c) An amendment may not alter the 

term of a right-of-way permit, except for 

a single extension of up to one year to 

prevent expiration of the right-of-way 

permit when there is a reasonable delay 

or ongoing good faith negotiations 

regarding renewal of an expiring rightof-way permit. 

(d) Requests by the permittee for an 

amendment to a right-of-way permit 

must be in writing, signed by a 

representative legally authorized to bind 

the permittee, and must contain the 

following information: 

(1) Right-of-way permit number; 

(2) Permittee name; 

(3) System unit name; 

(4) Description of the activities and 

infrastructure authorized by the right-ofway permit; 

(5) Description of the proposed 

amendment; 

(6) Description of the purpose or 

justification for the requested 

amendment; and 

(7) Other information required by the 

NPS. 

(e) The decision to approve an 

amendment is at the discretion of the 

NPS. Amendments will be reviewed and 

executed using the procedures that 

apply to the review and execution of 

right-of-way permits in paragraphs (a) 

through (c) in § 14.5. An approved 

amendment is deemed to be a part of the 

original right-of-way permit. 

§ 14.15 Right-of-way permit suspension 

and termination. 

(a) At any time during the term of a 

right-of-way permit and upon written 

notice provided to the permittee, the 

NPS may suspend or terminate all or 

any part of the right-of-way permit 

without liability or expense to the 

United States. 

(b) If the NPS intends to suspend or 

terminate all or part of a right-of-way 

permit, the permittee may be provided 

an opportunity to cure the cause prior 

to commencement of the suspension or 

termination. 

(c) Reasons for suspension or 

termination include, but are not limited 

to: 

(1) Visitor and resource protection 

concerns; 

(2) Failure to comply with right-ofway permit terms and conditions; 

(3) Failure to comply with any 

provision of this part; or 

(4) Abandonment or nonuse. 

(d) A permittee may terminate a rightof-way permit by providing a written 

notice of termination to the NPS that is 

signed by the permittee’s authorized 

representative and identifies the desired 

date of termination. 

(e) Upon suspension, the permittee 

remains responsible for fulfilling all 

obligations under the permit, including 

payment of any use and occupancy fees 

and cost recovery due. 

(f) Upon termination, the permittee 

will remain responsible for fulfilling all 

obligations under the permit, including: 

(1) Payment of any use and occupancy 

fees and any cost recovery due; 

(2) Restoration and reclamation of the 

permitted area; and 

(3) Any other terms and conditions 

that survive the termination of the rightof-way permit. 

§ 14.16 Trespass. 

(a) Any uses, activities, or 

infrastructure not specifically 

authorized under a valid right-of-way 

permit or other legal authorization are 

prohibited and considered a trespass 

against the United States. 

(b) The NPS may require an entity in 

trespass to immediately remove any of 

its infrastructure in trespass or cease the 

uses or associated activities and may 

pursue any additional legal remedy, 

penalty, or fees available. 

(c) The NPS may continue to enforce 

the terms and conditions of an expired 

right-of-way permit, including 

collection of cost recovery and use and 

occupancy fees. An entity with an 

expired right-of-way permit has no 

authorization for continued use of lands 

and waters, and operation and 

maintenance, and those uses and 

associated infrastructure are considered 

a trespass. 

(d) The NPS may require an entity to 

apply for a permit to authorize 

maintenance activities on infrastructure 

considered in trespass. Any permit 

issued for maintenance will not 

authorize the presence of the 

infrastructure. A maintenance permit 

will be considered only for activities 

that are required to maintain the safety 

of the infrastructure, and to protect 

public health and safety, visitor 

experience, or the resources and values 

of the park area. 

§ 14.17 Penalties. 

Violation of any section of this part, 

including any term and condition of a 

right-of-way permit, may result in fine 

or imprisonment, or both, in accordance 

with 36 CFR 1.3. 

§ 14.18 Restoration and reclamation. 

(a) After expiration or termination of 

the right-of-way permit, the permittee 

must restore or reclaim the permitted 

area to standards directed and approved 

by the NPS. 

(b) If restoration or reclamation is not 

completed within a reasonable time or 

in accordance with a schedule 

established in a special use permit for 

the restoration and reclamation 

activities, the permittee will be liable to 

the NPS for all costs of restoring and 

reclaiming the permitted area 

undertaken by the NPS, or its 

contractor, to the satisfaction of the 

NPS. This obligation will survive the 

termination or expiration of a right-ofway permit. 

§ 14.19 Severability. 

If a court holds any provisions of the 

regulations in this part or their 

applicability to any person or 

circumstances invalid, the remainder of 

these rules and their applicability to 

other people or circumstances will not 

be affected. 

Shannon A. Estenoz, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2024–28348 Filed 12–4–24; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2023–0583, FRL–11575– 

03–R10] 

Air Plan Approval; ID; Revisions to Air 

Quality Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Idaho State Implementation Plan 

(SIP) submitted on May 8, 2023, and 

May 13, 2024. The revisions update the 

adoption by reference of specific 

Federal standards and reference 

methods and streamline the Idaho air 

quality regulations by repealing 

outdated provisions, striking 

duplicative terms, and simplifying rule 

language. 

DATES: This final rule is effective 

January 6, 2025. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2023–0583. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information or other information the 

disclosure of which is restricted by 

statute. Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 


khammond on DSK9W7S144PROD with RULES