Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations 35133

(c) As a condition of entry, the COTP

may order that each vessel:

(1) Maintain a continuous radio guard

on channels 13 and 16 VHF–FM while

underway;

(2) Not overtake the T/V EMSGAS

unless the overtaking is to be completed

before any bends in the channel, and the

pilots, masters and operators of both

vessels clearly agree on all action

including speeds, time and location of

overtaking.

(3) Operate at a minimum no wake

speed sufficient to maintain steerage

while T/V EMSGAS is moored at the

Sun Refining and Marketing Refinery

terminal on the Delaware River, at

Marcus Hook, Pennsylvania;

(4) Proceed as directed by the Captain

of the Port or by his designated

representative.

(d) The COTP may be contacted on

VHF channels 13 & 16. The Captain of

the Port of Philadelphia and the

Command Duty Officer at the Marine

Safety Office, Philadelphia, may be

contacted at telephone number (215)

271–4940.

(e) Definitions:

Captain of the Port or COTP means

the Captain of the Port Philadelphia or

any Coast Guard commissioned, warrant

or petty officer authorized to act on his

behalf.

Loaded Condition means loaded with

LPG that exceeds 2 percent of the

vessel’s cargo carrying capacity.

Dated: June 20, 1996.

John E. Veentjer,

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

Port, Philadelphia, PA.

[FR Doc. 96–16893 Filed 7–3–96; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Parts 1 and 13

RIN 1024–AC21

General Regulations for Areas

Administered by the National Park

Service and National Park System

Units in Alaska

AGENCY: National Park Service, Interior.

ACTION: Final rule.

SUMMARY: The National Park Service

(NPS) is revising portions of its general

regulations for areas it administers that

define the primary scope and

applicability and contain definitions for

terms used in the text of the regulations.

NPS is also modifying regulations that

relate to National Park System units in

Alaska. This revision clarifies the

applicability of those NPS regulations

that apply in all National Park System

areas to waters subject to federal

jurisdiction located within park

boundaries, including navigable waters.

In order to protect wildlife and the

other values and purposes of the

National Park System, NPS developed

general regulations intended to be

applicable on navigable waters located

within park boundaries irrespective of

ownership of submerged lands.

However, litigation concerning a seal

shot in the navigable waters of a

national park revealed that a 1987

editorial correction to 36 CFR 1.2(b),

aimed at clarifying a separate and

distinct application of the regulations,

had the unforeseen and unintended

effect of arguably linking federal title to

submerged lands with the exercise of

management authority over activities

occurring on navigable waters. This

rulemaking will clarify the regulations

and ensure the continued protection of

wildlife and other National Park System

values and purposes on navigable

waters within parks, regardless of

ownership of submerged lands. The

revision clarifies that NPS regulations

continue to apply on navigable waters,

as they have for years. Two definitions,

‘‘park area’’ and ‘‘boundary,’’ are

modified by this revision. This

rulemaking clarifies and interprets

existing NPS regulatory intent, practices

and policies, and generally would not

place new or additional regulatory

controls on the public.

EFFECTIVE DATE: August 5, 1996.

FOR FURTHER INFORMATION CONTACT:

Dennis Burnett, Ranger Activities

Division, National Park Service, P.O.

Box 37127, Washington, D.C. 20013–

7127, Telephone (202) 208–4874.

SUPPLEMENTARY INFORMATION:

Background

The NPS Organic Act of 1916 directs

the Secretary of the Interior and the NPS

to manage national parks and

monuments to ‘‘conserve the scenery

and the natural and historic objects and

the wild life therein and to provide for

the enjoyment of the same in such

manner and by such means as will leave

them unimpaired for the enjoyment of

future generations.’’ 16 U.S.C. § 1. The

organic act also grants the secretary the

authority to implement ‘‘rules and

regulations as he may deem necessary or

proper for the use and management of

the parks, monuments and reservations

under the jurisdiction of the National

Park Service.’’ 16 U.S.C. § 3. In the

Redwood Expansion Act of 1978,

Congress gave further direction to the

secretary to ensure that:

The authorization of activities shall be

construed and the protection, management

and administration of [NPS] areas shall be

conducted in light of the high public value

and integrity of the National Park System and

shall not be exercised in derogation of the

values and purposes for which these various

areas have been established, except as may

have been or shall be directly and

specifically provided by Congress. 16 U.S.C.

§ 1a–1.

In to general regulatory authority

delegated in 16 U.S.C. § 3, in 1976

Congress amended the 1970 Act for

Administration (known as the General

Authorities Act) and authorized NPS to

‘‘[p]romulgate and enforce regulations

concerning boating and other activities

on or relating to waters located within

areas of the National Park System,

including waters subject to the

jurisdiction of the United States.* * *’’

16 U.S.C. § 1a-2(h). ‘‘Waters subject to

the jurisdiction of the United States’’

include navigable waters. See, H. Rep.

No. 1569, 94th Cong., 2nd Sess., 4292

(1976). Under these authorities the NPS

has managed and regulated activities

occurring on and in the waters of the

National Park System.

Before 1966, NPS regulations for

boating, sanitation, and other water-use

regulations were scattered throughout

36 CFR parts 1 and 2. In 1966, NPS

published consolidated boating

regulations as 36 CFR part 3. The

regulations provided for the

enforcement of U.S. Coast Guard

regulations by NPS ‘‘on navigable

waters of the United States’’ located

within park boundaries (31 FR 16650).

In 1983, NPS moved water-use activity

regulations from part 2 to part 3 (48 FR

30290). In addition to regulations

generally applicable in all national park

areas, NPS has promulgated special

park-specific regulations that NPS

enforces on and in navigable waters

within the boundaries of particular

National Park System units. See, e.g., 36

CFR 7.45(f)-(h) (Everglades National

Park, Fishing and Boating); 36 CFR

7.38(b) (Isle Royale National Park,

Underwater diving); 36 CFR 7.83(a)

(Ozark National Scenic Riverways,

Boating); 36 CFR 13.65(b) (Glacier Bay

National Park, Vessel Management/

Whale protection).

Applicability and Scope Provision

In 1982–83 NPS undertook a

comprehensive review of general

regulations that apply in virtually all

NPS administered areas (47 FR 11598).

The applicability and scope provisions

adopted pursuant to the 1983

rulemaking included navigable waters.
35134 Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations

In that rulemaking, 36 CFR 1.2(a)

provided that the regulations contained

in 36 CFR chapter 1 would apply: (1) on

federally owned waters, and (2) on

waters ‘‘controlled, * * * administered

or otherwise subject to the jurisdiction

of the National Park Service. * * *’’ (48

FR 30252). In some park areas, the

United States holds title to the

submerged lands under navigable

waters. In other park areas, the United

States does not hold title to the

submerged lands beneath navigable

waters within the boundaries of the

park; federal authority to regulate

within the ordinary reach of these

waters is based on the commerce and

property clauses of the U.S.

Constitution, not ownership. Like the

United States Coast Guard, NPS

exercises authority over navigable

waters irrespective of ownership of

submerged lands. 16 U.S.C. § 1a–2(h).

As promulgated in 1983, 36 CFR

1.2(a)(2) reflected the congressional

intent that NPS regulations applied in

these waters.

The 1983 regulations also provided

that—except in park areas under the

legislative jurisdiction of the United

States, where 10 specifically

enumerated provisions were intended to

apply regardless of ownership—the

regulations were ‘‘not applicable on

privately owned lands and waters.

* * *’’ (48 FR 30252); 36 CFR 1.2(b).

While 36 CFR 1.2(b) (as promulgated in

1983) was specific as to the applicability

of the 10 enumerated provisions on

privately owned lands, it was silent as

to the applicability of those 10

regulations on lands and waters owned

by a state or other government entity. In

1987, in response to questions

concerning this issue, and in order to

clarify the original NPS intent (i.e., that

the 10 specifically enumerated

provisions were meant to apply on all

lands and waters regardless of

landownership) the term ‘‘privately

owned lands and waters’’ was replaced

with the term ‘‘non-federally owned

lands and waters.’’ (52 FR 35238; see

also, 52 FR 12037). The 1987

rulemaking emphasized that it was only

an editorial change and not a

substantive change, the sole purpose of

which was to clarify the originally

intended reach of the 10 enumerated

provisions; there was no change

intended concerning state lands.

However, in its effort to ensure that

(in areas of legislative jurisdiction) the

10 enumerated regulations clearly apply

on all ‘‘non-federally owned lands and

waters’’ within the boundaries of park

areas, the 1987 revision to section 1.2(b)

inadvertently incorporated language

that seems ambiguous and could

preclude park regulation of ‘‘nonfederally owned * * * waters.’’ See, 52

FR 35238, September 18, 1987. NPS

recognizes that regulations must provide

an ordinary person a reasonable

opportunity to know when regulations

apply. Accordingly, this rulemaking

clarifies that NPS regulations otherwise

applicable within the boundaries of a

National Park System unit apply on and

within waters subject to the jurisdiction

of the United States located within that

unit, including navigable waters and

areas within their ordinary reach (up to

the mean high water line in places

subject to the ebb and flow of the tide,

or up to the ordinary high water mark

in other places that are navigable),

irrespective of ownership of submerged

lands, tidelands or lowlands, and

jurisdictional status.

This rulemaking also revises the

definition of ‘‘boundary’’ to better cover

the many and diverse sites that have

been placed under the care and

administration of NPS. The revision

provides protection to people and

property at NPS sites such as

maintenance facilities and warehouses,

administrative sites, ranger stations,

visitor information centers and

associated parking lots, which, though

located outside a park proper, are

managed and administered by NPS as

components of the National Park

System. This definition is also tailored

to cover the various NPS-administered

sites in the District of Columbia. The

term ‘‘park area’’ is revised to mean the

same as the term ‘‘National Park

System.’’ The definition for ‘‘National

Park System’’ adopted by this

rulemaking repeats the statutory

definition from 16 U.S.C. § 1c.

Revisions to section 13.2 in this rule

serve three purposes: (1) Paragraph (c) is

revised to clarify that NPS subsistence

regulations, promulgated under the

authority of the Alaska National Interest

Lands Conservation Act (ANILCA), 16

U.S.C. § 3101 et seq., Titles II and VIII,

apply only ‘‘on federally owned lands

and interests therein within park areas

where subsistence is authorized;’’ (2)

paragraph (e) is revised to clarify that,

pursuant to proposed § 1.2(a)(3), NPS

general regulations specifically apply

within the reach of navigable waters

located within the boundaries of park

areas in Alaska; and (3) paragraph (e) is

revised to clarify that the part 13

modifications (that generally are

relaxations of prohibitions contained in

the general regulations) also apply on

the navigable waters of national parks in

Alaska (e.g., 36 CFR 13.20

(authorization for recreational gold

panning), see also, 43 CFR 36.11(d)

(special authorization for motorboat

use)).

Analysis of Comments

NPS published the proposed rule in

the Federal Register on December 5,

1995 (60 FR 62233). NPS received six

timely comments on the proposed rule.

The State of Alaska, Office of the

Attorney General and the Alaska State

Legislature; the Alaska Miners

Association, Incorporated; the

International Association of Fish and

Wildlife Agencies; Sierra Club; and the

National Parks and Conservation

Association commented. NPS has

carefully considered each of these

comments. NPS’s responses to the

comments are as follows:

Legislative Jurisdiction: Ten Enumerated

Regulations

One commenter supposed that

adoption of this rule would make the 10

enumerated 36 CFR part 2 regulations

that apply on all lands and waters

within a park that are under the

legislative jurisdiction of the United

States apply on park waters (regardless

of legislative jurisdiction). Those ten

regulations are:

36 CFR 2.2 Wildlife protection

36 CFR 2.3 Fishing

36 CFR 2.4 Weapons, traps and nets

36 CFR 2.13 Fires

36 CFR 2.22 (a)(2), (b) and (c) Property

36 CFR 2.30 Misappropriation of

property and services

36 CFR 2.31 Trespassing, tampering

and vandalism

36 CFR 2.32 Interfering with agency

functions

36 CFR 2.34 Disorderly conduct

36 CFR 2.36 Gambling

NPS believes that confusion over this

point stems from the fact that the rule

uses the term ‘‘waters subject to the

jurisdiction of the United States’’ in

subparagraph 1.2(a)(3). NPS notes that

this term may be confused with the term

‘‘lands and waters under the legislative

jurisdiction of the United States’’ (see,

e.g., 36 CFR 2.2(g); see also, 36 CFR 4.1).

‘‘Legislative jurisdiction’’ means

exclusive federal or concurrent (state

and federal) jurisdiction (see, 36 CFR

§ 1.4 (definition of legislative

jurisdiction) and 40 U.S.C. 255 (the

legislative authority for cessions of

jurisdiction)), i.e., lands and waters over

which the federal government has

general lawmaking authority. The 10

enumerated provisions of 36 CFR part 2

apply on lands and waters that are

within park boundaries and under the

legislative jurisdiction of the United

States regardless of ownership (see, e.g.,

36 CFR 2.2(g); see also, 36 CFR 4.1).
Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations 35135

‘‘Waters subject to the jurisdiction of

the United States’’ has a different

meaning, and refers to waters over

which the United States exercises

federal commerce clause authority (see,

H. Rep. No. 1569, 94th Cong., 2nd Sess.,

4292 (1976); see also, 33 CFR parts 328–

329). This rulemaking clarifies that NPS

regulations contained in 36 CFR parts 1

through 5, part 7, and part 13 (including

the 10 enumerated regulations) apply on

such waters located within park

boundaries regardless of jurisdictional

status.

National Park System Units in Alaska:

ANILCA Section 103

The Alaska State Legislature contends

in their comments that ANILCA § 103(c)

should be interpreted as superseding

NPS authority to regulate waters within

park boundaries pursuant to 16 U.S.C.

§ 1a–2(h). The Attorney General of

Alaska makes a similar contention

concerning NPS general authority to

protect natural and other resources

through general regulations; the

Attorney General concedes only that 16

U.S.C. § 1a–2(h) permits NPS to

promulgate and enforce regulations

concerning boating and related

activities, and to enforce Coast Guard

regulations on navigable waters within

park boundaries. In contrast, the

National Parks and Conservation

Association writes that NPS has clear

authority to regulate on all waters

within National Park System areas to

protect park purposes and values.

In ANILCA, Congress outlined an

expansive and inclusive scope of

resource protection that was to apply

within national parks in Alaska.

Congress further charged NPS to protect

populations of fish and wildlife and

habitat that necessarily includes the

great river systems running through and

within the parks (ANILCA Title II). NPS

does not agree with the State of Alaska’s

contention that ANILCA § 103(c)

preempts NPS’s well-established

authority on navigable waters. NPS does

not think that ANILCA § 103(c), which

was characterized by Congress as a

minor technical provision, should be

read in isolation from the context of the

whole act. ANILCA should be

interpreted consistent with its

underlying protective purposes: to

protect objects of ecological, cultural,

geological, historical, prehistorical, and

scientific interest.

National Park System Units in Alaska:

Subsistence Uses on ‘‘Public Lands’’

In response to a comment NPS would

like to emphasize that this rulemaking

does not affect subsistence uses

conducted in National Park System

units in Alaska. As adopted,

subparagraph (c) of 36 CFR 13.2

provides that: ‘‘Subpart B of this part 13

contains regulations applicable to

subsistence uses. Such regulations

apply on federally owned lands and

interests therein within park areas

where subsistence is authorized.’’ This

revision merely moves the reference to

federally owned lands currently found

in subparagraph (e) to subparagraph (c)

to maintain the status quo. Although the

term ‘‘public lands’’ appeared in the

proposed rule (rather than ‘‘federally

owned lands’’) NPS intended no change.

Application of Federal Subsistence

Board regulations (i.e. seasons and bag

limits) to navigable waters or selected

but not yet conveyed lands is outside

the scope of this rulemaking. See, 61 FR

15014, April 4, 1996.

Lands Administered Pursuant to the

Terms of a Written Instrument

NPS would like to clarify that when

NPS leases property and administers the

property for public-use purposes, NPS

regulations apply. If an owner/lessor

wishes to retain rights or uses, the

owner should do so as part of the lease;

otherwise NPS general regulations will

apply equally to the owner as they

would to a third party. When NPS

administers property for public use

pursuant to an easement, the easement

will define the federal interest. The

scope of the acquired federal interest

will determine the regulations that

would apply. However, when NPS

enters into an agreement to administer

property through a written instrument,

such as a memorandum of agreement,

memorandum of understanding, or

other written form (such as a national

trail certification agreement), NPS

regulations will apply only to the extent

provided by the owner of the property

during the term of the agreement. The

agreement document must describe the

type(s) of public use to be managed by

NPS or otherwise define the scope of

management delegated by the owner to

NPS. Regulations that are consistent

with the intent of the agreement will

then apply.

NPS wishes to note that NPS often

enters into agreements with landowners

where there is no intent by the

landowner to grant—nor by NPS to

assume—regulatory control of the

property.

Section-by-Section Analysis

Section 1.2 paragraph (a) is

promulgated without change. This

paragraph limits the applicability of

NPS regulations to within park

boundaries and interests.

Subparagraphs (a)(1) and (a)(2)

provide that the regulations apply,

respectively, on lands and waters

located within park system boundaries

that are federally owned, or

administered as park lands by NPS (in

whole or in part) through a written

instrument with the owner, party of

interest, or the person, corporation,

company, organization, state or political

subdivision holding an interest in, or

title to, such land. A written instrument

could be in the form of a lease or public

use easement, or a memorandum of

agreement or some other written form

authorizing NPS management. Without

such an agreement, NPS regulations

would not apply on non-federally

owned lands within park boundaries,

the exception being particular

regulations containing a provision that

makes them specifically applicable to

such lands. See, e.g., 36 CFR 2.2(g)

(regulation applies to lands and waters

under legislative jurisdiction within a

park); see also, 36 CFR part 6 (59 FR

65948).

Subparagraph (a)(3) clearly defines

and includes waters subject to federal

jurisdiction that are located within

National Park System boundaries,

including navigable waters, within the

scope of NPS regulations. Subparagraph

(a)(4) contains a provision for NPS to

administer lands and waters in the

District of Columbia (pursuant to the

Act of March 17, 1948 (62 Stat. 81)), that

was added to the former subparagraph

(2) in 1986 (51 FR 37010). The less-thanfee interests provision, formerly

subparagraph (a)(3), has been revised,

renumbered and adopted as

subparagraph (a)(5). This provision

encompasses scenic easements

(sometimes referred to as negative

easements) and other federal interests

where NPS administration of the site is

shared or limited.

Paragraph (b) continues to limit the

applicability of NPS general regulations

to federally owned lands in the absence

of an agreement or a superseding

provision. Similarly, in order for NPS

general regulations to apply on Indian

tribal trust lands located within

National Park System boundaries, NPS

must enter into an agreement with the

benefiting Indian nation, tribe, band, or

pueblo (pursuant to proposed

subparagraph (a)(2)). Without such an

agreement, and regardless of

jurisdictional status, NPS authority on

Indian lands located within National

Park System units is limited to federal

laws and implementing regulations

made applicable at the express direction

of Congress. Paragraph (d) extends

existing administrative exceptions to

include part 13 regulations.
35136 Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations

Section 1.4 adopts revisions to the

definitions ‘‘boundary’’ and ‘‘park area.’’

‘‘Boundary,’’ as revised, affords

comprehensive coverage to the many

and diverse sites that have been placed

under the care and administration of

NPS, including those sites located in the

District of Columbia. The term ‘‘park

area’’ is revised to mean the same as the

term ‘‘National Park System.’’ The

definition for ‘‘National Park System’’

repeats the statutory definition from 16

U.S.C. 1c.

Section 13.2 paragraph (c) has been

revised to clarify that NPS general

subsistence regulations for Alaska apply

on federally owned lands and interests

therein within park areas where

subsistence is authorized. The final rule

refers to subsistence uses rather than

subsistence activities to standardize part

13 text. The term ‘‘subsistence uses’’ is

defined at section 13.42(c) and used

throughout section 13, subpart B. The

omission of Sitka National Historical

Park from the list of subsistenceexcepted parks in the proposed rule was

an oversight that this rulemaking

corrects. ANILCA does not authorize

subsistence uses in Sitka National

Historical Park. Paragraph (e) is revised

to clarify that NPS general regulations

(e.g., part 2), as modified by part 13,

apply to waters subject to federal

jurisdiction, including navigable waters,

located within the boundaries of park

areas in Alaska.

Drafting Information

The primary authors of this revision

are Michael Tiernan, Division of

Conservation and Wildlife, Office of the

Solicitor, Department of the Interior,

Washington, DC, and Steve Shackelton

and Russel J. Wilson of the Alaska

System Support Office and Alaska Field

Office, National Park Service. Richard

G. Robbins, Division of Conservation

and Wildlife, Office of the Solicitor,

Department of the Interior, Washington,

DC, also contributed.

Paperwork Reduction Act

This rule does not contain collections

of information requiring approval by the

Office of Management and Budget under

44 U.S.C. 3501 et seq.

Compliance With Other Laws

This rule was not subject to Office of

Management and Budget review under

Executive Order 12866. The Department

of the Interior has determined that this

document will not have a significant

economic effect on a substantial number

of small entities under the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.).

The economic effects of this rulemaking

are local in nature and negligible in

scope.

NPS has determined and certifies

pursuant to the Unfunded Mandates

Reform Act, 2 U.S.C. 1502 et seq., that

this rule will not impose a cost of $100

million or more in any given year on

local, state, or tribal governments or

private entities.

NPS has determined that this

rulemaking will not have a significant

effect on the quality of the human

environment, health and safety because

it is not expected to:

(a) Increase public use to the extent of

compromising the nature and character

of the area or causing physical damage

to it;

(b) Introduce incompatible uses that

may 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.

Based on this determination, this

rulemaking is categorically excluded

from the procedural requirements of the

National Environmental Policy Act

(NEPA) by Departmental guidelines in

516 DM 6, (49 FR 21438). As such,

neither an Environmental Assessment

(EA) nor an Environmental Impact

Statement (EIS) has been prepared.

List of Subjects

36 CFR Part 1

National parks. Reporting and

recordkeeping requirements.

36 CFR Part 13

Alaska, National parks, Reporting and

recordkeeping requirements.

In consideration of the foregoing, NPS

amends 36 CFR chapter I, parts 1 and

13, as follows:

PART 1—GENERAL PROVISIONS

1. The authority citation for part 1

continues to read as follows:

Authority: 16 U.S.C. 1, 3, 9a, 460 l–6a(e),

462(k); D.C. Code 8–137, 40–721 (1981).

2. Section 1.2 is amended by revising

paragraphs (a), (b) and (d) to read as

follows:

§ 1.2 Applicability and scope.

(a) The regulations contained in this

chapter apply to all persons entering,

using, visiting, or otherwise within:

(1) The boundaries of federally owned

lands and waters administered by the

National Park Service;

(2) The boundaries of lands and

waters administered by the National

Park Service for public-use purposes

pursuant to the terms of a written

instrument;

(3) Waters subject to the jurisdiction

of the United States located within the

boundaries of the National Park System,

including navigable waters and areas

within their ordinary reach (up to the

mean high water line in places subject

to the ebb and flow of the tide and up

to the ordinary high water mark in other

places) and without regard to the

ownership of submerged lands,

tidelands, or lowlands;

(4) Lands and waters in the environs

of the District of Columbia, policed with

the approval or concurrence of the head

of the agency having jurisdiction or

control over such reservations, pursuant

to the provisions of the Act of March 17,

1948 (62 Stat. 81);

(5) Other lands and waters over which

the United States holds a less-than-fee

interest, to the extent necessary to fulfill

the purpose of the National Park Service

administered interest and compatible

with the nonfederal interest.

(b) The regulations contained in parts

1 through 5, part 7, and part 13 of this

chapter do not apply on non-federally

owned lands and waters or on Indian

tribal trust lands located within

National Park System boundaries,

except as provided in paragraph (a) or

in regulations specifically written to be

applicable on such lands and waters.

* * * * *

(d) The regulations contained in parts

2 through 5, part 7, and part 13 of this

section shall not be construed to

prohibit administrative activities

conducted by the National Park Service,

or its agents, in accordance with

approved general management and

resource management plans, or in

emergency operations involving threats

to life, property, or park resources.

* * * * *

3. Section 1.4 is amended in

paragraph (a) by revising the definition

of Boundary, by adding a definition for

National Park System, and by revising

the definition of Park area to read as

follows:

§ 1.4 Definitions.

(a) * * *

Boundary means the limits of lands or

waters administered by the National

Park Service as specified by Congress, or

denoted by presidential proclamation,

or recorded in the records of a state or

political subdivision in accordance with

applicable law, or published pursuant to

law, or otherwise published or posted

by the National Park Service.

* * * * *

National Park System (Park area)

means any area of land and water now
Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations 35137

or hereafter administered by the

Secretary of the Interior through the

National Park Service for park,

monument, historic, parkway,

recreational, or other purposes.

* * * * *

Park area. See the definition for

National Park System in this section.

* * * * *

PART 13—NATIONAL PARK SYSTEM

UNITS IN ALASKA

4. The authority citation for part 13

continues to read as follows:

Authority: 16 U.S.C. 1, 3, 462(k), 3101 et

seq.; subpart D also issued under 16 U.S.C.

20, 3197; § 13.65(b) also issued under 16

U.S.C. 1361, 1531.

5. Section 13.2 is amended by revising

paragraphs (c) and (e), to read as

follows:

§ 13.2 Applicability and scope.

* * * * *

(c) Subpart B of this part 13 contains

regulations applicable to subsistence

uses. Such regulations apply on

federally owned lands and interests

therein within park areas where

subsistence is authorized. Subsistence

uses are not allowed in Kenai Fjords

National Park, Katmai National Park,

Glacier Bay National Park, Klondike

Gold Rush National Historical Park,

Sitka National Historical Park, and parts

of Denali National Park. The regulations

in subpart B amend in part the general

regulations contained in this chapter

and the regulations contained in subpart

A of this part 13.

* * * * *

(e) For purposes of this chapter,

‘‘federally owned lands’’ does not

include those land interests:

(1) Tentatively approved to the State

of Alaska; or

(2) Conveyed by an interim

conveyance to a Native corporation.

Dated: June 21, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 96–17168 Filed 7–3–96; 8:45 am]

BILLING CODE 4310–70–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–5527–2]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion of the Martin

Marietta Aluminum Company site from

the National Priorities List.

SUMMARY: The Environmental Protection

Agency (EPA), Region 10, announces

the deletion of the Martin Marietta

Aluminum Company site from the

National Priorities List (NPL). The NPL

constitutes Appendix B of 40 CFR part

300 which is the National Oil and

Hazardous Substances Pollution

Contingency Plan (NCP), which EPA

promulgated pursuant to Section 105 of

the Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980, as amended (CERCLA).

EPA and the State of Oregon

Department of Environmental Quality

(DEQ) have determined that no further

cleanup under CERCLA is appropriate

and that the selected remedy has been

protective of human health and the

environment.

EFFECTIVE DATE: July 5, 1996.

FOR FURTHER INFORMATION CONTACT:

Howard Orlean, U.S. EPA Region 10,

1200 Sixth Avenue, Mail Stop: ECL–

113, Seattle, Washington 98101, (206)

553–6903.

SUPPLEMENTARY INFORMATION: The site to

be deleted from the NPL is:

Martin Marietta Aluminum Company, The

Dalles, Oregon.

A Notice of Intent to Delete for this

site was published on May 13, 1996, (61

FR 22006). The closing date for

comments on the Notice of Intent to

Delete was June 12, 1996. EPA received

no comments.

EPA identifies sites which appear to

present a significant risk to human

health, welfare or the environment, and

it maintains the NPL as the list of those

sites. Sites on the NPL may be the

subject of Hazardous Substances

Response Trust Fund-financed remedial

actions. Any site deleted from the NPL

remains eligible for Fund-financed

remedial actions in the unlikely event

that conditions at the site warrant such

action. Section 300.425 of the NCP

states that Fund-financed actions may

be taken at sites deleted from the NPL.

Deletion of a site from the NPL does not

affect responsible party liability or

impede Agency efforts to recover costs

associated with response efforts.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

substances, Hazardous waste,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: June 14, 1996.

Chuck Clarke,

Regional Administrator, Region 10.

For the reasons set out in the

preamble, 40 CFR part 300 is amended

as follows:

PART 300—[AMENDED]

1. The authority citation for Part 300

continues to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR

1991 Comp., p. 351; E.O. 12580, 52 FR 2923,

3 CFR, 1987 Comp., p. 193.

Appendix B—[Amended]

2. Table 1 of appendix B to part 300

is amended by removing the Martin

Marietta Aluminum Company Site, The

Dalles, Oregon.

[FR Doc. 96–17021 Filed 7–3–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 300

[FRL–5530–3]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of Deletion of the

Arsenic Trioxide Site from the National

Priorities List (NPL).

SUMMARY: The U.S. Environmental

Protection Agency (EPA) announces the

deletion of the Arsenic Trioxide

Superfund Site (Site) in North Dakota,

from the National Priorities List (NPL).

The NPL is Appendix B of Title 40 of

the Code of Federal Regulations (40

CFR) part 300 which is the National Oil

and Hazardous Substances Pollution

Contingency Plan (NCP), promulgated

pursuant to section 105 of the

Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980 (CERCLA), as amended.

EPA and the State of North Dakota have

determined that the Site poses no

significant threat to public health or the

environment and, therefore, no further

remedial measures pursuant to CERCLA