Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Proposed Rules 46215 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

This determination is based on the fact 

that the Alabama program does not 

regulate coal exploration and surface 

coal mining and reclamation operations 

on Indian lands. Therefore, the Alabama 

program has no effect on Federallyrecognized Indian tribes. 

Executive Order 13211—Regulations 

That Significantly Affect the Supply, 

Distribution, or Use of Energy 

On May 18, 2001, the President issued 

Executive Order 13211 which requires 

agencies to prepare a Statement of 

Energy Effects for a rule that is (1) 

considered significant under Executive 

Order 12866, and (2) likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Because 

this rule is exempt from review under 

Executive Order 12866 and is not 

expected to have a significant adverse 

effect on the supply, distribution, or use 

of energy, a Statement of Energy Effects 

is not required. 

National Environmental Policy Act 

This rule does not require an 

environmental impact statement 

because section 702(d) of SMCRA (30 

U.S.C. 1292(d)) provides that agency 

decisions on proposed State regulatory 

program provisions do not constitute 

major Federal actions within the 

meaning of section 102(2)(C) of the 

National Environmental Policy Act (42 

U.S.C. 4332(2)(C)). 

Paperwork Reduction Act 

This rule does not contain 

information collection requirements that 

require approval by OMB under the 

Paperwork Reduction Act (44 U.S.C. 

3507 et seq.). 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). The State submittal, 

which is the subject of this rule, is based 

upon counterpart Federal regulations for 

which an economic analysis was 

prepared and certification made that 

such regulations would not have a 

significant economic effect upon a 

substantial number of small entities. In 

making the determination as to whether 

this rule would have a significant 

economic impact, the Department relied 

upon the data and assumptions for the 

counterpart Federal regulations. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

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

Regulatory Enforcement Fairness Act. 

This rule: (a) Does not have an annual 

effect on the economy of $100 million; 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; and (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. This 

determination is based upon the fact 

that the State submittal, which is the 

subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation was not considered a major 

rule. 

Unfunded Mandates 

This rule will not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of $100 million or more in any given 

year. This determination is based upon 

the fact that the State submittal, which 

is the subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation did not impose an unfunded 

mandate. 

List of Subjects in 30 CFR Part 901 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: July 23, 2008. 

Len Meier, 

Acting Regional Director, Mid-Continent 

Region. 

[FR Doc. E8–18297 Filed 8–7–08; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

RIN 1024–AD71 

Special Regulation: Areas of the 

National Park System, National Capital 

Region 

AGENCY: National Park Service, Interior. 

ACTION: Proposed rule. 

SUMMARY: The National Park Service 

(NPS) is proposing to amend regulations 

governing viewing of the Inaugural 

parade by the public, demonstrators, 

and the Presidential Inaugural 

Committee. The proposed rule would 

extend the duration and extent of 

demonstrations and special events in 

Washington, DC, including the 

Inaugural, the Lighting of the National 

Christmas Tree and Christmas Pathway 

of Peace, the Cherry Blossom Festival, 

the Fourth of July Celebration, and the 

Festival of American Folklife. 

DATES: Comments must be received by 

September 22, 2008. 

ADDRESSES: You may submit your 

comments, identified by Regulatory 

Information Number 1024–AD71, by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail or hand delivery: National 

Park Service, Regional Director, 

Division of Park Programs, 1100 Ohio 

Drive, SW., Room 128, Washington, DC 

20242. 

FOR FURTHER INFORMATION CONTACT: 

National Park Service, National Capital 

Region, Division of Park Programs, 1100 

Ohio Drive, SW., Room 128, 

Washington, DC 20242. Telephone: 

(202) 619–7275. Fax: (202) 401–2430. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 20, 2008, the District Court 

in ANSWER Coalition v. Kempthorne, 

537 F.Supp.2d 183 (D.D.C. March 20, 

2008) found that the National Park 

Service’s practice and procedure of 

submitting an application on behalf of 

the Presidential Inaugural Committee 

(PIC) violated its regulations with 

respect to the duration of special events 

and the related timing of the submission 

of the application. The Court stated, 

however, that ‘‘[i]f the government 

thinks it appropriate to lengthen the 

amount of time for which permits may 

be granted under the regulations—

perhaps even only for the Inauguration 

period and no other—the government 

may explicitly amend the regulations 

that apply to all permit applicants.’’ 537 

F.Supp.2d at 203–204. 

Pennsylvania Avenue is among the 

world’s most famous streets and is 

located in the heart of the Nation’s 

Capital. America’s history has marched, 

paraded, promenaded, and protested its 

way up and down Pennsylvania 

Avenue. Areas must be available to the 

public as well as demonstrators to view 

the Inaugural parade. ‘‘The Inauguration 

is not a private event.’’ ANSWER 

Coalition v. Kempthorne, 2008 U.S. Dist. 

Lexis 21443* 15 (emphasis in original) 

(referencing Mahoney v. Babbitt, 105 

F.3d at 1458 D.C. Cir. 1997). And the 


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First Amendment provides protection to 

demonstrators who desire to ‘‘ ‘interject’

their own convictions and beliefs [into 

the event while viewing the Inaugural 

parade]. * * * If the free speech clause 

of the First Amendment does not protect 

the right of citizens to ‘interject’ their 

own convictions and beliefs into a 

public event on a public forum then it 

is difficult to understand why the 

Framers bothered including it at all.’’

Mahoney v. Babbitt, 105 F.3d at 1458–

59. 

The proposed rule would lengthen the 

duration of any permit associated with 

Inauguration Day activities from 21 days 

to the period of time between October 

24 through April 1. It would also open 

the majority of Pennsylvania Avenue 

National Historic Park to the public and 

demonstrators for the Inaugural parade, 

regardless of viewpoint or message. In 

addition, the proposed rule would 

extend the duration of time that any 

permit may be issued for 

demonstrations or special events on the 

Ellipse and other designated park areas 

from three weeks to four months. 

With respect to the Inaugural parade, 

the proposed rule would create a 

regulatory priority use for limited, 

designated park areas for the PIC, the 

Armed Forces Inaugural Committee, and 

the Architect of the Capitol or the Joint 

Congressional Committee on Inaugural 

Ceremonies, entities whose role in the 

Inauguration has traditionally 

necessitated such access. These limited 

park areas along the Inaugural route on 

Pennsylvania Avenue from 3rd to 15th 

Streets are designated in the attached 

maps. The designated areas would be 

relatively small, and leave the majority 

of park areas along the parade route 

available to the public and 

demonstrators regardless of viewpoint 

or message. This allocation of space 

would result in a fair and equitable 

distribution of park areas, consistent 

with the First Amendment and the 

Presidential Inaugural Ceremonies Act. 

The D.C. Circuit’s opinion in A 

Quaker Action Group v. Morton, 516 

F.2d 717 (D.C. Cir. 1975), provided the 

original basis for NPS’s priority use 

regulations. There, the Court of Appeals 

said that ‘‘ * * * if the Park Service 

wishes to enforce the regulations 

regarding a permit for public gatherings 

in the regulated areas, it must require a 

permit for every public gathering in 

those areas. * * * or, if the Park Service 

wishes, it could retain a system of NPS 

events, reserve time in, say, Lafayette 

Park, and even publish advance 

schedules.’’ 516 F.2d at 729 (emphasis 

in original). 

Below is additional information with 

regard to how the proposed rule would 

address the Inauguration and other 

National Celebration Events. 

Inauguration 

The proposed rule would amend the 

authorities section to include the 

Presidential Inaugural Ceremonies Act, 

36 U.S.C. 501–511, as well as other nonInaugural authorities now recodified as 

D.C. Code 10–137 (2001) and D.C. Code 

50–2201.07 (2001). As noted above, the 

proposed rule would designate limited 

park areas for priority use by the PIC, 

the Armed Forces Inaugural Committee, 

and the Architect of the Capitol or the 

Joint Congressional Committee on 

Inaugural Ceremonies. It would also 

provide a fixed, reasonable time period 

deemed necessary for the extensive setup and take-down of Inaugural-related 

construction by the PIC. And the 

proposed rule would leave most of 

Pennsylvania Avenue National Historic 

Park open to the public and 

demonstrators regardless of viewpoint 

or message. 

The proposed rule would retain the 

existing regulatory preference for the 

PIC for the White House sidewalk and 

all but the northeast quadrant of 

Lafayette Park. The proposed rule 

would allocate to the public and 

demonstrators, however, most of 

Pennsylvania Avenue National Historic 

Park. Specifically, 7,024 linear feet or 70 

percent of Pennsylvania Avenue 

National Historic Park that abuts the 

street, which also comprises 625,882 

square feet or 84 percent of 

Pennsylvania Avenue National Historic 

Park, would be open to the public and 

demonstrators. The proposed rule 

would thus reduce areas designated for 

PIC’s bleachers on the parade route to 

1,284 linear feet or 13 percent of 

Pennsylvania Avenue National Historic 

Park that abuts the street, which also 

comprises 63,936 square feet or 9 

percent of Pennsylvania Avenue 

National Historic Park. These 

allocations would both comport with 

the Presidential Inaugural Ceremonies 

Act, 36 U.S.C. 503(a), and respond to 

the question on this subject posed by 

the District Court in A.N.S.W.E.R. 

Coalition v. Kempthorne, 537 F.Supp.2d 

at 205–206. 

The proposed rule would amend 

existing regulations to allow structures 

within 50 feet of any Inaugural 

ceremony activity structures. The 

proposed rule would leave in place 

existing regulations that permit other 

demonstrations or special events in park 

areas during the National Celebration 

Events to the extent that they do not 

significantly interfere with these Events. 

In addition, the proposed rule would 

allow PIC to place portable public 

bathrooms at designated areas along the 

parade route. It would also designate the 

traditional areas necessary for the 

television and radio media, so that they 

can broadcast and report on the parade 

and related activities. The proposed rule 

would also designate the traditional 

areas necessary for the Armed Forces 

Inaugural Committee for parade support 

structures used to help monitor and 

manage the parade itself. And the 

proposed rule would designate an area 

in front of the John A. Wilson Building 

for the District of Columbia’s reviewing 

stand, and also designate areas for 

individuals with disabilities to view the 

parade. 

The spatial allocations under the 

proposed rule would include 23,764 

square feet or 3 percent of the 

Pennsylvania Avenue National Historic 

Park for the Armed Forces Inaugural 

Committee parade control area, 1,346 

square feet or less than 1 percent, of the 

park for the District of Columbia’s 

Viewing Stand, 7,907 square feet or 1 

percent of the park for the media area, 

and 456 square feet or less than 1 

percent of the park for the parade 

announcer stands. 

The proposed rule would designate 

areas in Pennsylvania Avenue National 

Historic Park and Sherman Park for the 

PIC’s use that could accommodate 24 

bleachers and 8,790 ticket holders based 

on the PIC’s 2005 set-up. To ensure that 

all seats are used, the proposed rule 

would allow any member of the public 

to use a ticketed PIC bleacher seat, if it 

has not been claimed by the ticket 

holder ten minutes before the Inaugural 

Parade is scheduled to pass the 

bleacher’s block. The proposed rule 

would not allocate to the PIC certain 

park areas that have been allocated to 

the PIC in past Inaugurals; in 2005, 

these areas contained 25 bleachers that 

could accommodate 11,344 ticket 

holders. 

The proposed rule would also create 

limited priority areas on the National 

Mall for members of the public and 

ticketed guests, for the placement of 

media stands, and for the assembly and 

staging of parade units, traditionally 

necessary aspects of the Inauguration. 

With regard to this last activity, the rule 

would allow the Armed Forces 

Inaugural Committee on Inauguration 

Day to assemble, stage, secure and 

weather-protect the pre-Inaugural 

parade components and floats on the 

National Mall between 14th and 1st 

Streets. The proposed rule would also 

allow the Architect of the Capitol or the 

Joint Congressional Committee on 

Inaugural Ceremonies to site jumbotrons 

and sound towers so that the Joint 

Congressional Committee’s ticketed, 


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standing room ticket holders can 

observe the Inaugural ceremony 

between 4th and 1st Streets, and 

members of the general public between 

14th and 4th Streets. The proposed rule 

would allow a 150-by-200 foot area on 

the National Mall, just east of 7th Street, 

for the exclusive use of the PIC on 

Inauguration Day for television and 

radio media broadcasts on Inauguration 

Day. 

Inaugural-related construction is 

complex and extensive, and requires a 

series of permits. The proposed rule 

would set specific set-up and take-down 

dates determined reasonably necessary 

for the erection and removal of the 

stands, bleachers, media and parade 

support structures in the various 

designated park areas. Set-up and takedown occurs from November 1 through 

March 1 for the White House sidewalk 

and Lafayette Park, December 7 through 

February 10 for Pennsylvania Avenue 

National Historic Park and Sherman 

Park, and January 6 through January 30 

for the National Mall between 14th and 

1st Streets. Traditionally, set-ups and 

take-downs are done in stages, and an 

entire designated area may not be 

needed throughout the designated 

period. Accordingly, consistent with 

public safety, the portions of designated 

areas that are not immediately needed 

for set-up and take-down will remain 

open to the public and for 

demonstration activity. 

Lighting of the National Christmas Tree 

and Christmas Pathway of Peace 

The proposed rule would change the 

name of the ‘‘Christmas Pageant of 

Peace,’’ one of the existing National 

Celebration Events, to the ‘‘Lighting of 

the National Christmas Tree and 

Christmas Pathway of Peace.’’ This 

event would take place in the northern 

half of the oval portion of the Ellipse 

during the last four weeks in December. 

The designated time period for set-up 

and take-down would be October 1 

through February 1. This event provides 

the park visitor an opportunity to view 

the lighting of the National Christmas 

tree, attend musical presentations, and 

visit various seasonal displays. 

Cherry Blossom Festival 

The proposed rule would more clearly 

define the park areas for the Cherry 

Blossom Festival, another existing 

National Celebration Event, and would 

extend the duration from six days to two 

weeks and designate an additional twoweek period for set-up and take-down. 

The Cherry Blossom Festival would take 

place in the park areas adjacent to the 

Tidal Basin as well as the sidewalk 

areas on the Ellipse and the Washington 

Monument Grounds adjacent to 

Constitution Avenue between 15th and 

17th Streets, NW. 

Fourth of July Celebration 

The proposed rule would designate 

the Lincoln Memorial Reflecting Pool 

area for the staging and firing of this 

event’s fireworks and establish a three 

week period for set-up and take-down. 

Festival of American Folklife 

The proposed rule would designate an 

eight week period for the set-up and 

take-down of this event. 

Permit Applications 

The proposed rule would make 

explicit the long-standing NPS policy of 

not accepting permit applications for 

demonstrations and special events 

earlier than one year in advance of the 

proposed event. Event application dates 

(that include set-up and take-down 

time) must fall within this one-year time 

period. For example, NPS would accept 

on January 1, 2009 an application for 

the first week of January 2010, but 

would not accept on January 1, 2009 an 

application for the first week of January 

for the next three years, or for the first 

week of January and February 2010. 

On one occasion, the NPS received 

ten applications for the use of parkland 

at each Presidential Inauguration for the 

next forty years. In rejecting these 

applications, the NPS explained that it 

has an enormous task of maintaining 

Federal parkland for the millions of 

visitors and thousands of 

demonstrations and special events. 

Many applications propose activities 

that require extensive planning and 

coordination with the applicants and 

other affected agencies. By only 

accepting applications for proposed 

events that occur within one year, 

persons and groups are better able to 

determine the proposed event’s true size 

and scope and the NPS is better able to 

determine whether it can reasonably be 

accommodated within the requested 

park area. This proposed rule reflecting 

longstanding policy would allow all 

persons and groups a timely, fair and 

equal opportunity to use parkland for 

demonstrations and special events and 

prevents its monopolization. 

Forty-Five Day Comment Period 

Pursuant to 318 DM 5.4 A (1998), we 

are providing a 45-day comment period 

because this proposed rule requires 

timely action so that a final rule may 

become effective in time to govern the 

activities associated with the upcoming 

2009 Inauguration. In addition, this 

schedule is necessary to allow for any 

judicial challenge to occur in a timely 

manner. We welcome all public 

comment, and will immediately provide 

a copy of this proposed rule to known 

interested parties, including the 

plaintiffs in ANSWER Coalition v. 

Kempthorne, No. 05–0071 (D.D.C.) as 

well as any applicant who has sought a 

demonstration permit along the 

Inaugural parade route for the last three 

Inaugurations. 

Compliance With Other Laws 

Regulatory Planning and Review 

(Executive Order 12866) 

This document is a significant rule 

and is subject to review by the Office of 

Management and Budget (OMB) under 

Executive Order 12866. 

(1) This rule will not have an effect of 

$100 million or more on the economy. 

It will not adversely affect in a material 

way the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities. 

(2) This rule will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency. 

(3) This rule does not alter the 

budgetary effects of entitlements, grants, 

user fees, or loan programs or the rights 

or obligations of their recipients. 

(4) OMB has determined that this rule 

raises novel legal or policy issues. 

Regulatory Flexibility Act 

The Department of the Interior 

certifies 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.). 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

This rule is not a major rule under 5 

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

Regulatory Enforcement Fairness Act. 

This rule: 

a. Does not have an annual effect on 

the economy of $100 million or more. 

b. Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

c. Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 


rfrederick on PRODPC74 with PROPOSALS
46218 Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Proposed Rules 

unique effect on State, local, or tribal 

governments or the private sector. 

Takings (Executive Order 12630) 

In accordance with Executive Order 

12630, the rule does not have significant 

takings implications. 

Federalism (Executive Order 13132) 

In accordance with Executive Order 

13132, the rule does not require the 

preparation of a federalism assessment. 

Civil Justice Reform (Executive Order 

12988) 

This regulation meets the applicable 

standards set forth in Sections 3(a) and 

3(b)(2) of Executive Order 12988 Civil 

Justice Reform. 

Paperwork Reduction Act 

This regulation requires information 

collection from 10 or more parties, 

which must be submitted for OMB 

approval under the Paperwork 

Reduction Act. However, these are not 

new collection requirements and, 

therefore, no additional request to OMB 

has been prepared. The information 

collection activities are necessary for the 

public to obtain benefits in the form of 

special park uses permits. 

National Environmental Policy Act 

We have analyzed this rule in 

accordance with the criteria of the 

National Environmental Policy Act 

(NEPA) according to Departmental 

guidelines in 516 DM 6 (49 FR 21438), 

to assess the impact of any Federal 

action significantly affecting the quality 

of the human environment, health, and 

safety. We have determined that the 

proposed rule is categorically excluded 

under 516 DM 6, Appendix 7.4(10), 

insofar as it is a modification of existing 

NPS regulations that does not increase 

public use to the extent of 

compromising the nature and character 

of the area or causing physical damage 

to it, or introduce incompatible uses 

which might compromise the nature 

and characteristics of the area or cause 

physical damage to it, or cause conflict 

with adjacent ownerships or land uses, 

or cause a nuisance to adjacent owners 

or occupants. 

Government-to-Government 

Relationship With Tribes 

In accordance with Executive Order 

13175 ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249), the President’s memorandum of 

April 29, 1994, ‘‘Government-toGovernment Relations with Native 

American Tribal Governments’’ (59 FR 

22961), and 512 DM 2, the Department 

will consult with federally recognized 

tribal governments throughout the 

development of the regulation to jointly 

evaluate and address the potential 

effects, if any, of the proposed 

regulatory action. 

Clarity of This Regulation 

We are required by Executive Orders 

12866 and 12988 and by the 

Presidential Memorandum of June 1, 

1998, to write all rules in plain 

language. This means that each rule we 

publish must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use clear language rather than 

jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the ADDRESSES

section. To better help us revise the 

rule, your comments should be as 

specific as possible. For example, you 

should tell us the numbers of the 

sections or paragraphs that are unclearly 

written, which sections or sentences are 

too long, the sections where you feel 

lists or tables would be useful, etc. 

Public Participation 

You may submit comments online at: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

You may also mail or hand deliver 

comments to: National Park Service, 

Regional Director, National Capital 

Region, Division of Park Programs, 1100 

Ohio Drive, SW., Room 128, 

Washington, DC 20242. 

Public Availability of Comments 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

List of Subjects in 36 CFR Part 7 

National parks, Special events. 

In consideration of the foregoing, the 

National Park Service proposes to 

amend 36 CFR part 7 as set forth below: 

PART 7—SPECIAL REGULATIONS, 

AREAS OF THE NATIONAL PARK 

SYSTEM 

1. The authority citation for part 7 is 

amended to read as follows: 

Authority: 16 U.S.C. 1, 3, 9a, 460(q), 

462(k); Sec. 7.96 also issued under 36 U.S.C. 

501–511, D.C. Code 10–137 (2001) and D.C. 

Code 50–2201.07 (2001). 

2. Revise § 7.96(g)(4) to read as 

follows: 

§ 7.96 National Capital Region. 

* * * * * 

(g) * * * 

(4) Permit processing. (i) NPS 

processes permit applications for 

demonstrations and special events in 

order of receipt. NPS will not accept 

applications more than one year in 

advance of a proposed continuous event 

(including set-up time, if any). Use of a 

particular area is allocated in order of 

receipt of fully executed applications, 

subject to the limitations in this section. 

(ii) Specific national celebration 

events have priority use of particular 

park areas as shown in the following 

table: 

The following event . . . Has priority use of the following area . . . At the following time . . . 

(A) Lighting of the National Christmas Tree and 

Christmas Pathway of Peace.

northern half of the oval portion of the Ellipse the last four weeks in December as well as 

necessary set-up and take-down between 

October 1 through February 1. 

(B) Cherry Blossom Festival .............................. park areas adjacent to the Tidal Basin and 

the sidewalk areas adjacent to Constitution 

Avenue between 15th & 17th Streets, NW.

two weeks usually in late March or early April 

as well as the necessary set-up and takedown totaling two weeks. 

(C) Fourth of July Celebration ............................ Washington Monument Grounds and the Lincoln Memorial Reflecting Pool area.time required for necessary staging and fireworks set-up and take-down, totaling three 

weeks in late June and early July. 


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Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Proposed Rules 46219 

The following event . . . Has priority use of the following area . . . At the following time . . . 

(D) Festival of American Folklife ........................ the area bounded on the south by Jefferson 

Drive, NW; on the north by Madison Drive, 

NW; on the east by 7th Street, NW; on the 

west by 14th Street, NW.

for a two-week period in approximately late 

June and early July as well as the necessary set-up and take-down totaling eight 

weeks. 

(E) Columbus Day Commemorative WreathLaying.at the Columbus statue on the Union Plaza ... on Columbus Day. 

(F) Presidential Inaugural Ceremonies .............. see paragraph (g)(4)(iii) of this section ........... see paragraph (g)(4)(iii) of this section. 

(iii) In connection with Presidential 

Inaugural Ceremonies the following 

areas are reserved for priority use as set 

forth in this paragraph. 

(A) The White House sidewalk and 

Lafayette Park, exclusive of the 

northeast quadrant for the exclusive use 

of the Inaugural Committee on 

Inauguration Day. 

(B) Portions of Pennsylvania Avenue 

National Historic Park and Sherman 

Park, as designated in the maps 

included in paragraph (g)(4)(iii)(E) of 

this section, for the exclusive use of the 

Inaugural Committee on Inauguration 

Day for: 

(1) Ticketed bleachers viewing and 

access areas, except that members of the 

public may use a ticketed bleacher seat 

that has not been claimed by the ticket 

holder 10 minutes before the Inaugural 

Parade is scheduled to pass the 

bleacher’s block; 

(2) Portable toilets, except that they 

will be available to the public; 

(3) Television and radio media and 

Armed Forces Inaugural Committee 

parade support structures; 

(4) The area in front of the John A. 

Wilson Building for the District of 

Columbia reviewing stand; 

(5) Viewing areas designated for 

individuals with disabilities, except that 

they will be available to any disabled 

persons. 

(C) The area of the National Mall 

between 14th and 1st Streets, for the 

exclusive use of the Armed Forces 

Inaugural Committee on Inauguration 

Day for the assembly, staging, security 

and weather protection of the preInaugural parade components and floats 

on Inauguration Day, except for: 

(1) The placement of jumbotrons and 

sound towers by the Architect of the 

Capitol or the Joint Congressional 

Committee on Inaugural Ceremonies so 

that the Inaugural ceremony may be 

observed by the Joint Congressional 

Committee’s ticketed standing room 

ticket holders between 4th and 1st 

Streets and the general public from 7th 

and 4th Streets; and 

(2) A 150-foot-by-200-foot area on the 

National Mall just east of 14th Street, for 

the exclusive use of the Inaugural 

Committee for television and radio 

media broadcasts on Inauguration Day. 

(D) The Inaugural Committee may 

also use portions of its designated areas 

reasonably necessary for setting up and 

taking down stands, bleachers, media 

and parade support structures as shown 

in the following table: 

The Inaugural Committee may use the following area . . . During the following period . . . 

(1) The White House sidewalk and Lafayette Park ............................................................................................ November 1 through March 1. 

(2) Pennsylvania Avenue National Historic Park and Sherman Park ................................................................. December 7 through February 10. 

(3) The National Mall between 14th and 1st Streets .......................................................................................... January 6 through January 30. 

(E) Maps of designated portions of 

Pennsylvania Avenue National Historic 

Park and Sherman Park referred to in 

paragraph (g)(4)(iii)(B) of this section are 

as follows: 

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(iv) Other demonstrations or special 

events are permitted in park areas under 

permit for the National Celebration 

Events listed in paragraph (g)(4)(ii) of 

this section to the extent that they do 

not significantly interfere with the 

National Celebration Events. Except for 

Inaugural ceremony activities, no 

activity containing structures is 

permitted closer than 50 feet to another 

activity containing structures without 

the mutual consent of the sponsors of 

those activities. 

(v) NPS will issue a permit for a 

demonstration on the White House 

sidewalk and in Lafayette Park at the 

same time only if the requirements of 

this paragraph are met. The 

organization, group, or other sponsor of 

the demonstration must undertake in 

good faith all reasonable action, 

including the provision of sufficient 

marshals, to ensure that the sponsor: 

(A) Maintains good order and selfdiscipline in conducting the 

demonstration and any necessary 

movement of persons; and 

(B) Observes the numerical 

limitations and waiver provisions 

described in paragraphs (g)(5)(i) and (ii) 

of this section. 

(vi) NPS will issue permits 

authorizing demonstrations or special 

events for the periods shown in the 

following table. NPS may extend these 

periods for demonstrations only, unless 

another application requests use of the 

particular area and that application 

precludes double occupancy. 

Park area Permit validity period Permit validity period for Inaugural activities 

(A) White House area, except the 

Ellipse.

7 days ............................................ Between October 24 through April 1 for reasonable and necessary 

set-up and take-down activities for the White House Sidewalk and 

Lafayette Park. 

(B) The Ellipse and all other park 

areas.

4 months ........................................ Between December 7 through February 10 for reasonable and necessary set-up and take-down activities for Pennsylvania Avenue 

National Historic Park and Sherman Park. 

* * * * * 

Dated: July 21, 2008. 

Lyle Laverty, 

Assistant Secretary of the Interior for Fish 

and Wildlife and Parks. 

[FR Doc. E8–18412 Filed 8–7–08; 8:45 am] 

BILLING CODE 4312–39–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Part 261 

RIN 0970–AC38 

Temporary Assistance for Needy 

Families (TANF) Program, Elimination 

of Enhanced Caseload Reduction 

Credit for Excess Maintenance-ofEffort Expenditures 

AGENCY: Administration for Children 

and Families (ACF), Department of 

Health and Human Services (HHS). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Administration for 

Children and Families proposes to 

revise the TANF regulations to 

eliminate the provision that allows a 

State to receive additional caseload 

reduction credit for maintenance-ofeffort (MOE) expenditures in excess of 

its required MOE spending. This 

provision is no longer necessary and not 

consistent with Congressional direction 

in the Deficit Reduction Act of 2005. 

DATES: We will consider all comments 

received on or before October 7, 2008. 

ADDRESSES: You may submit your 

comments in writing to the Office of 

Family Assistance (OFA), 

Administration for Children and 

Families, 5th Floor East, 370 L’Enfant 

Promenade, SW., Washington, DC 

20447, or hand deliver to OFA/ACF, 5th 

Floor East, 901 D Street, SW., 

Washington, DC 20447. You may 

download an electronic copy of the 

proposed rule at the Federal 

Rulemaking Portal: http:// 

www.regulations.gov and may download 

a copy and transmit electronic 

comments at the agency Web site: 

http://www.regulations.acf.hhs.gov. 

FOR FURTHER INFORMATION CONTACT: 

Robert Shelbourne, Director, Division of 

State TANF Policy, Office of Family 

Assistance, ACF, at (202) 401–5150. 

SUPPLEMENTARY INFORMATION: 

I. Public Inspection of Comments 

All comments received, including any 

personal information provided, will be 

available for public inspection Monday 

through Friday 8:30 a.m. to 5 p.m. at 

901 D St., SW., 5th Floor, Washington, 

DC. 

II. Statutory Authority 

We are issuing this proposed 

regulation under the authority granted 

to the Secretary of HHS by Section 

1102(a) of the Social Security Act, 42 

U.S.C. 1302(a). Section 1102(a) 

authorizes the Secretary to make and 

publish such rules as may be necessary 

for the efficient administration of 

functions with which he is charged 

under the Social Security Act. 

The statute at 42 U.S.C. 617 limits the 

authority of the Federal government to 

regulate State conduct or enforce the 

TANF provisions of the Social Security 

Act, except as expressly provided. We 

have interpreted this provision to allow 

us to regulate where Congress has 

charged HHS with enforcing certain 

TANF provisions by assessing penalties. 

Because the caseload reduction credit 

directly relates to the work participation 

requirements to which States and the 

Territories are subject and the failure to 

meet those requirements can result in a 

financial penalty pursuant to 42 U.S.C. 

609(a)(3), we have the authority to 

regulate in this instance. 

III. Background 

Under the TANF program, States must 

engage certain percentages of their 

caseloads in work activities or face 

financial penalties for failing to meet the 

work participation requirements. These 

required participation rates are 50 

percent overall and 90 percent for twoparent families; however, the rates a 

State must actually meet for a fiscal year 

(FY) are reduced by the amount of a 

State’s caseload reduction credit. 

Generally, the caseload reduction credit 

equals the number of percentage points 

that a State reduces its overall caseload 

in the prior fiscal year (the comparison 

year) compared to its overall caseload in 

the base year. For caseload reduction 

credits that apply to the two-parent 

work participation rate, States have the 

option of using the overall calculation 

or using a calculation based on the 

reduction in the two-parent caseload. 

Because of sharp State caseload declines 

since FY 1995, the caseload reduction 

credit had virtually eliminated 

participation requirements for most 

States. The Deficit Reduction Act of 

2005 (DRA) updated the base year from 

FY 1995 to FY 2005, effectively raising 

the target work participation rates and 


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