64148 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations 

Michigan, or his or her designated 

representative. 

DATES: The regulations in 33 CFR 

165.T09–0166 will be enforced from 4 

p.m. on October 19, 2010 to 12 p.m. on 

October 20, 2010 and from 4 p.m. on 

October 20, 2010 to 10 a.m. on October 

21, 2010. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail CDR Tim Cummins, Deputy 

Prevention Division, Ninth Coast Guard 

District, telephone 216–902–6045, 

e-mail address 

Timothy.M.Cummins@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce Safety Zone, 

Brandon Road Lock and Dam to Lake 

Michigan including Des Plaines River, 

Chicago Sanitary and Ship Canal, 

Chicago River, Calumet-Saganashkee 

Channel, Chicago, IL listed in 33 CFR 

165.T09–0166(a)(2), on all waters of the 

Chicago Sanitary and Ship Canal 

between Mile Marker 291.0 and Mile 

Marker 296.1 from 4 p.m. on October 19, 

2010 to 12 p.m. on October 20, 2010 and 

then again from 4 p.m. on October 20, 

2010 to 10 a.m. on October 21, 2010. 

This enforcement action is necessary 

because the Captain of the Port, Sector 

Lake Michigan has determined that the 

IDNR fish sampling effort poses risks to 

life and property. Specifically, there 

will be congested waterways and the 

extensive placement of nets throughout 

the portion of the Chicago Sanitary and 

Ship Canal between Mile Marker 291.0 

and Mile Marker 296.1. The 

combination of vessel traffic, nets, and 

electric current in the water makes the 

control of vessels through the impacted 

portion of the Chicago Sanitary and 

Ship Canal necessary to prevent injury 

and property loss. In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, mooring, laying up, or 

anchoring within the enforced area of 

this safety zone by any person or vessel 

is prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. This notice is issued under authority 

of 33 CFR 165.T09–0166 and 5 U.S.C. 

552(a). In addition to this notice in the 

Federal Register, the Captain of the 

Port, Sector Lake Michigan, will also 

provide notice through other means, 

which may include but are not limited 

to Broadcast Notice to Mariners, Local 

Notice to Mariners, local news media, 

distribution in leaflet form, and onscene oral notice. Additionally, the 

Captain of the Port, Sector Lake 

Michigan, may notify representatives 

from the maritime industry through 

telephonic and e-mail notifications. 

Dated: October 5, 2010. 

L. Barndt, 

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

Port, Sector Lake Michigan. 

[FR Doc. 2010–26213 Filed 10–18–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 2 

RIN 1024–AD91 

General Regulation: National Park 

System 

AGENCY: National Park Service, Interior. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The National Park Service 

(NPS) is issuing this interim general rule 

governing demonstrations and the sale 

and distribution of printed matter for 

most of the National Park System as 

well as request for comments. This rule 

revises the definition of what 

constitutes a demonstration and 

exempts individuals and small groups 

from the requirement to obtain a permit 

for demonstrations and the sale or 

distribution of printed matter, 

consistent with the decisions in the 

Boardley v. Department of the Interior 

litigation. This rule also refines how 

applications are processed and prohibits 

the harassment of visitors and 

obstruction of public passageways. 

DATES:

Effective Date: October 19, 2010. 

Comment Date: Comments must be 

received by December 20, 2010. 

ADDRESSES: You may submit comments, 

identified by the number 1024–ADXX, 

by any of the following methods: 

—Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

—Mail: National Park Service, Attn. 

Special Park Uses Program Manager, 

1849 C St., NW., MS–3122, 

Washington, DC 20240. 

All submissions received must 

include the agency name and RIN 1024– 

ADXX. For additional information see 

‘‘Public Participation’’ under 

SUPPLEMENTARY INFORMATION below. 

FOR FURTHER INFORMATION CONTACT: Lee 

Dickinson, Special Park Use Program 

Manager, 1849 C St., NW., Washington, 

DC., 20240 (202) 208–4206. 

SUPPLEMENTARY INFORMATION: 

Background 

The NPS Organic Act, 16 U.S.C. 1, 

created the NPS to ‘‘promote and 

regulate the use of Federal areas known 

as national parks,’’ and charged it with 

the following ‘‘fundamental purpose’’: 

‘‘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 future generations.’’ In 1978, 

Congress enacted 16 U.S.C. 1a–1, which 

provides that all of the units of the 

National Park System 

* * * though distinct in character, are 

united through their inter-related purposes 

and resources into one national park system 

as cumulative expressions of a single 

national heritage; that, individually and 

collectively, these areas derive increased 

national dignity and recognition of their 

superlative environmental quality through 

their inclusion jointly with each other in one 

national park system preserved and managed 

for the benefit and inspiration of all the 

people of the United States. * * * 

Congress also empowered the 

Secretary of the Interior, at 16 U.S.C. 3, 

to 

* * * make and publish such rules and 

regulations as he may deem necessary or 

proper for the use and management of the 

parks. 

The National Park System currently 

consists of 392 park units. It covers 

more than 84 million acres and is 

located in every state (except Delaware), 

the District of Columbia, American 

Samoa, Guam, Puerto Rico, and the 

Virgin Islands. This area equals 131,753 

square miles, which is larger than the 

total areas of the states of Pennsylvania, 

Tennessee and Virginia. These park 

units are located in a wide range of 

environments as diverse as the United 

States itself. They include urban areas, 

from the Town of Harpers Ferry to New 

York City; oceans, lakes, swamps and 

rivers; mountainous areas that go up in 

height to the 20,320-foot Mount 

McKinley; caves, canyons, cliffs, and 

karst; deserts, forests, and grasslands; 

and areas throughout the Nation’s reach, 

from Buck Island Reef National 

Monument in the Caribbean, to War in 

the Pacific National Historical Park in 

Guam, to Gates of the Arctic National 

Park and Preserve above the Arctic 

Circle. 

The size of these park units also 

varies tremendously. The largest 

National Park is Wrangell-St. Elias 

National Park and National Preserve, 

Alaska, at 13.2 million acres. 

Yellowstone National Park is 2,219,790 

acres. The smallest unit of the National 

Park System is Thaddeus Kosciuszko 

National Memorial, Pennsylvania, at 

0.02 acres. As detailed in the NPS 


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Overview (October, 2009), the National 

Park System is also habitat for 378 

threatened or endangered species, has 

more than 100 million items in museum 

collections, has 1.5 million 

archaeological sites, and has 27,000 

historic and prehistoric structures. The 

National Park System also has a 

physical infrastructure that includes 

21,000 buildings, 17,000 miles of trails, 

10,000 miles of paved and unpaved 

roads, 5,000 housing units, 22,000 

campgrounds and picnic areas, 1,600 

waste water treatment systems, and 

1,400 water treatment systems. 

About one-third of the units of the 

National Park System—such as Great 

Smoky Mountains National Park, 

Tennessee; Grand Canyon National 

Park, Arizona; Everglades National Park, 

Florida; and Hawaii Volcanoes National 

Parks, Hawaii—preserve nature’s many 

and varied gifts to the Nation. The other 

two-thirds of the units of the National 

Park System recognize benchmarks of 

human history in America. These units 

protect elements of great native cultures, 

far older than European exploration and 

settlement; present battle sites from the 

Revolutionary and Civil Wars— 

including the key surrender fields of 

both great conflicts; embrace Thomas 

Edison’s New Jersey laboratories where 

he and his staff led a technological 

revolution more dramatic even than the 

coming of the computer age; and more. 

These historical park units reflect the 

development of both art and industry in 

America, along with landmarks of social 

and political change. 

As a broader understanding of history 

took hold, the National Park System 

eventually grew to include the historic 

homes of civil rights, political, and 

corporate leaders, and the lands of the 

poor, struggling to build lives for 

themselves on a Nebraska homestead 

claim or in an urban community. It now 

embraces the birthplace, church, and 

grave of Dr. Martin Luther King at 

Martin Luther King, Jr. National 

Historical Site, Georgia; the birth of jazz 

at New Orleans Jazz National Historical 

Park, Louisiana; the flowering of a 

literary giant at the Eugene O’Neill 

National Historical Site, California; and 

the artistic grace of a great sculptor’s 

studios at Saint-Gaudens National 

Historical Site, New Hampshire. 

Because of the lessons they help us 

remember, the National Park System 

also includes the Japanese American 

World War II internment camp in the 

desert at Manzanar National Historical 

Site, California, as well as 

Andersonville National Historical Site, 

Georgia, one of the very bleakest of the 

Civil War prison sites. 

Very large numbers of people 

annually visit the National Park System. 

According to the National Park Service’s 

2009 Statistical Abstract, there were 

285,578,941 visits to the National Park 

System in 2009. The National Park 

System offers visitors not only visual, 

educational, and recreational 

experiences but also inspirational, 

contemplative, and spiritual 

experiences. For neighboring Native 

Americans, Rainbow Bridge National 

Monument, Utah, is considered a sacred 

religious site, such that the Park Service 

asks visitors to respect these longstanding beliefs by volunteering not to 

approach or walk under the bridge. 

Equally important, the National Park 

System has traditionally offered visitors 

the opportunity to engage in 

demonstration activity and the sale and 

distribution of printed matter. In that 

regard, the NPS general regulations 

found at 36 CFR 2.51 and 2.52, 

applicable for all parks not subject to 36 

CFR 7.96(g), have governed such 

activities since 1983. Enacted 

* * * to protect the natural and cultural 

resources of the parks and to protect visitors 

and property within the parks, [these NPS 

general regulations] intended effect * * * is 

to impose on those activities that involve 

First Amendment consideration only those 

narrow restrictions that are necessary to 

protect park resources and to ensure the 

management of park areas for public 

enjoyment. (48 FR 30252, 30272) 

Among other things, these two NPS 

regulations required the submission of a 

permit application for public assemblies 

and meetings and the sale and 

distribution of printed materials, 

established criteria for how parks 

designate areas available for such 

activities, established criteria for how 

the NPS will act on an application 

including that it do so ‘‘without 

unreasonable delay,’’ provided that 

parks may impose permit conditions 

reasonably consistent with protection 

and use of the park area, imposed a 

limitation on how long a permit may be 

issued (although allowing extensions), 

and provided the grounds for revoking 

a permit. 

On August 6, 2010, the U.S. Court of 

Appeals for the District of Columbia 

Circuit issued its decision in Boardley v. 

Department of the Interior, No. 09–5176, 

2010 U.S. App. LEXIS 16302 (DC Cir. 

August 6, 2010), which stemmed from a 

demonstration and leaflet distribution 

incident at Mount Rushmore National 

Memorial for which a permit was issued 

by NPS. Recognizing that no party had 

proposed to sever the regulations and 

leave part of them intact, the Court of 

Appeals held the regulations 

unconstitutional in their entirety, based 

on the system-wide lack of an exception 

from the permit requirement for 

individual and small group activity in 

the NPS-designated free speech areas. In 

an earlier decision, the U.S. District 

Court for the District of Columbia had 

found fault with the regulatory 

definition of a demonstration. 

Consistent with these judicial decisions, 

and in order to avoid a regulatory 

vacuum that could impact the NPS 

conservation mandate and the use of 

park areas by the public, the NPS is 

issuing this interim general rule 

governing demonstrations and the sale 

and distribution of printed matter for 

most of the National Park System. 

Certain parks in the NPS’s National 

Capital Region are instead subject to 

special regulations found at 36 CFR 

7.96, which were not at issue in the 

Boardley litigation. 

While retaining the park 

superintendent’s ability to designate 

available areas as well as the permit 

requirement for large groups, the NPS 

regulatory changes include the 

following: narrowing the definition of 

what constitutes a demonstration; 

creating a small group permit exception; 

detailing how the NPS is to address 

small non-permit groups that seek the 

same park area; refining how 

applications are to be processed, 

including that the NPS is to respond 

within ten days after receipt of a 

complete and fully executed 

application; and prohibiting the 

harassment of visitors by physical touch 

or by obstruction of building 

entranceways, sidewalks, and other 

public passageways. Consistent with 

evolving First Amendment 

jurisprudence, the NPS rule is intended 

to protect the natural and cultural 

resources of the National Park System 

and to protect visitors and property 

within the parks by imposing on these 

activities only the most limited 

restrictions necessary to accomplish 

those goals. 

Rule Analysis 

Narrowing the Definition of a 

Demonstration at 36 CFR 2.51 

In the first phase of the Boardley v. 

Department of the Interior litigation, the 

District Court held that, because 36 CFR 

2.51(a)’s phrase ‘‘public expression of 

views’’ could apply to visitors just 

wearing baseball caps, T-shirts or 

tattoos, it was not narrowly tailored, 

overbroad, and impermissibly vague. 

The District Court also indicated that 

the Director’s memorandum dated 

October 24, 2007, that further defined 

the phrase, could pose a problem as to 

the scope of the agency’s discretion. 


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64150 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations 

Boardley v. Department of the Interior 

605 F.Supp.2d 8, 15–16 (D.D.C. 2009). 

The NPS has not applied its 

regulations in an impermissible manner, 

nor does it have any interest in applying 

them in an impermissible way. 

Accordingly the NPS did not appeal the 

District Court’s decision. Instead, the 

NPS issued a clarifying memorandum 

dated August 3, 2009, that directed that 

the terms ‘‘public expressions of views’’ 

under 36 CFR 2.51 and 

‘‘demonstrations’’ under 36 CFR 7.96(g), 

which have traditionally been used 

interchangeably, shall both be 

considered to mean ‘‘public assemblies, 

meetings, gatherings, demonstrations, 

picketing, speechmaking, marching, 

holding vigils or religious services 

engaged in by one or more persons, the 

conduct of which has the effect or 

propensity to draw a crowd or 

onlookers.’’ The memorandum also 

directed that the terms ‘‘do not apply to 

casual park use by visitors or tourists 

which does not have an intent or 

propensity to attract a crowd or 

onlookers.’’ 

Consistent with the District Court’s 

decision regarding what constitutes a 

demonstration, and the NPS 

memorandum dated August 3, 2009, 

this rule more narrowly limits the 

definition of a demonstration, and 

makes explicit that the term includes 

demonstrations, picketing, 

speechmaking, marching, holding vigils 

or religious services and all other like 

forms of conduct which involve the 

communication or expression of views 

or grievances, engaged in by one or 

more persons, the conduct of which is 

reasonably likely to draw a crowd or 

onlookers. This rule at 36 CFR 2.51(a) 

also makes explicit that the term does 

not include casual park use by visitors 

or tourists that is not reasonably likely 

to attract a crowd or onlookers. This 

language is similar to the definition of 

a demonstration in the special 

regulations for the NPS’s National 

Capital Region, 36 CFR 7.96(g)(1)(i), 

which has been in effect since 1983 and 

has been implemented without 

difficulty. 

Application of the NPS’s narrowed 

definition of a demonstration thus 

excludes visitors who merely have 

tattoos or are wearing baseball caps, Tshirts, or other articles of clothing that 

convey a message; or visitors whose 

vehicles merely display bumper 

stickers. By limiting the definition of 

what constitutes a demonstration, and 

by explicitly excluding casual park use 

by visitors or tourists which is not 

reasonably likely to attract a crowd or 

onlookers—such as when scout leaders 

or teachers engage in discussions with 

their charges—the NPS believes that the 

rule comports with the First 

Amendment and is narrowly tailored to 

serve significant government interests. 

Finally, since such demonstrations 

involve personal expressive activity, 

and parks are not mere billboard 

venues, unattended signage or displays 

continue not to be allowed. 

Creating a Small Group Permit 

Exception at 36 CFR 2.51 and 2.52 

In its Boardley decision, the Court of 

Appeals held that the NPS regulations 

properly were content neutral and did 

not vest government officials with 

overly broad discretion, and that a three 

to ten day deadline for a government 

official to act on an application was 

reasonable. However, it held the 

regulations unconstitutional because 

they lacked a small group permit 

exception, on a system-wide basis. 

Equally important, the Court of 

Appeals recognized that the NPS had 

valid and substantial interests in 

protecting parks’ natural and cultural 

resources, protecting park facilities from 

damage, avoiding overcrowding of park 

locations, minimizing interference with 

park activities, and preserving peace 

and tranquility in parks. Boardley v. 

Department of the Interior, 2010 U.S. 

App. LEXIS 16302 *26–27 (DC Cir. 

August 6, 2010). 

Focusing on the ‘‘free speech areas’’ 

designated by parks under 36 CFR 

2.51(e) and 2.52(e), the Court of Appeals 

determined that the NPS regulations’ 

application to small groups and the lone 

individual was not sufficiently 

‘‘narrowly tailored,’’ because most 

individuals and small groups who 

engage in free speech do not pose 

problems, and because the NPS 

regulations did not leave open ample 

alternatives for communication. The 

Court of Appeals suggested that there 

were other means of achieving its 

interests, such as promulgating separate 

regulations for different types of 

national parks, or prohibiting certain 

types of public conduct, or drafting 

distinct regulations for different types of 

park areas such as wilderness, visitor 

centers, and parking lots. 

The Court of Appeals stated that ‘‘it is 

the prerogative of the agency (or 

Congress) to decide whether to rewrite 

the regulations to apply only to large 

groups, and to decide where to draw 

that line.’’ Boardley v. Department of the 

Interior, 2010 U.S. App. LEXIS 16302 

*42–43 (DC Cir. August 6, 2010). Given 

the NPS’s statutory obligations and its 

important responsibilities to protect and 

properly manage park resources and 

protect park visitors, the NPS believes 

that it is necessary to have regulations 

that govern demonstrations and the sale 

or distribution of printed matter. But, 

consistent with the Court of Appeals’ 

decision as to small groups, the NPS has 

written this rule so that permits are 

generally required only of groups that 

involve more than 25 people. The NPS 

believes that creating a permit exception 

for groups of 25 or fewer people 

engaging in demonstrations or the sale 

or distribution of printed matter in NPSdesignated available areas is reasonable. 

This is identical to the small group 

permit exception for groups of 25 or 

fewer people that has been contained in 

the NPS’s special regulations for the 

National Capital Region at 36 CFR 

7.96(g)(2)(i) since 1983. 

Accordingly, under this rule at 36 

CFR 2.51(b)(1) and 2.52(b)(1), 

demonstrations and the sale or the 

distribution of printed matter by 25 or 

fewer persons may be conducted 

without a permit in the available areas 

designated at 36 CFR 2.51(c). 

Pursuant to this rule at 36 CFR 

2.51(b)(1)(i)–(ii) and 2.52(b)(1)(i)–(ii), 

this small group permit exception is 

contingent upon the other conditions 

required for the issuance of a permit 

being met: the group must not be merely 

an extension of another group already 

availing itself of the 25-person 

maximum; and the activity must not 

unreasonably interfere with other 

demonstrations, special events, or NPS 

program activities. This, too, is similar 

to the NPS’s special regulations for the 

National Capital Region at 36 CFR 

7.96(g)(2)(i). 

For individuals and small groups who 

take advantage of the permit exception, 

this rule provides at 36 CFR 

2.51(b)(1)(iii) and 36 CFR 2.52(b)(1)(iii) 

that their activities may include the use 

of hand-carried signs, but not stages, 

platforms, or structures. Small groups 

have a myriad of other ways to 

communicate their views, such as 

discussions, speeches, leaflets, and 

hand-carried signs. The NPS believes 

that the unregulated presence of stages, 

platforms, and structures would 

negatively impact park resources and 

park visitors. In those situations, the 

NPS will continue to require a permit, 

which allows the park superintendent to 

consider and assess the nature of the 

proposed equipment and allows the 

park to impose content neutral, sitespecific and reasonably appropriate 

park resource and safety conditions. 

This rule at 2.51(b)(1)(iv) and 

2.52(b)(1)(iv) also requests that the 

organizer submit reasonable advance 

notice of the proposed event to the park 

superintendent, including whether the 

organizer has reason to believe there 

may be an attempt to disrupt, protest, or 


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prevent the event. The advance notice 

provision is intended to afford at least 

some opportunity for the park to 

consider whether additional special 

public safety and resource protection 

measures may be needed. Failure to 

provide advance notice is not grounds 

to prohibit the activity. Advance notice 

is not a substitute for actual physical 

presence or a permit, and does not 

reserve a particular designated area for 

the organizer. The NPS requests 

comments as to whether such notice 

should be made mandatory in future 

regulations. 

Because some park units’ designated 

available areas may be too small to 

physically accommodate 25 persons, the 

NPS rule at 36 CFR 2.51(b)(3) and 

2.52(b)(3), provides that a park may 

reduce the 25-person maximum for the 

small group permit exception for a 

designated area. This may occur, 

however, only if a 25-person group 

cannot be reasonably physically 

accommodated in the designated area 

and only if approved by the regional 

director in writing, which shall be made 

available at the superintendent’s office 

and by public notice under 36 CFR 1.7. 

We also expect that some designated 

available areas, such as those near a 

park visitor center, may be very soughtafter venues that more than one group 

may seek to use at the same time. In 

order to ensure public safety and 

provide a fair and content-neutral 

accommodation to such groups, the NPS 

rule at 36 CFR 2.51(b)(4) and 2.52(b)(4) 

provides that if two (or more) groups 

taking advantage of the small group 

permit exception seek the same 

designated area at the same time, and 

the area cannot reasonably 

accommodate both groups, the park 

will, whenever possible, direct the laterarriving group to relocate to another 

nearby available designated area. As 

discussed above, advance notice will 

not give a later-arriving group priority 

over an earlier-arriving group. The rule 

thus gives activities under permit a 

preferred right to the designated area, 

and if the area cannot accommodate two 

activities, the groups availing 

themselves of the small group permit 

exception will, whenever possible, be 

relocated to a nearby available 

designated area. For this reason, persons 

or groups that would otherwise qualify 

for this exception may wish to apply for 

and receive a permit in order to ensure 

that they have priority for use of the 

designated area. 

The NPS’s ability to consider the 

physical dimensions of the designated 

available areas as well as the safety of 

the small group and other park visitors 

is important, especially in the event of 

a disruptive counter-demonstration. 

NPS may consider a threat of violence 

as a permissible ground for a time, 

place, and manner limitation. ‘‘When 

the choice is between an abbreviated 

march or a bloodbath, government must 

have some leeway to make adjustments 

necessary for the protection of 

participants, innocent onlookers, and 

others in the vicinity.’’ Christian Knights 

of the Ku Klux Klan Invisible Empire, 

Inc. v. District of Columbia, 972 F.2d 

365, 374 (DC Cir. 1992). 

Other Changes in the NPS Rule 

This rule at 36 CFR 2.51(d) and 

2.52(c) incorporates the various 

application questions found in the 

earlier 2.51(b) and 2.52(b), with one 

additional provision: The application 

will also ask whether there is any reason 

to believe that there will be an attempt 

to disrupt, protest, or prevent the event. 

Such application information is critical 

in helping the NPS to assess the need 

for additional public safety measures as 

it attempts to facilitate the applicant’s 

activity. It has been a standard question 

asked in NPS Application Form 10–930 

for many years, and the NPS wants to 

make explicit the importance of 

obtaining this information. 

The rule also provides that 

applications should not be submitted 

and will not be accepted more than one 

year before the proposed event 

(including set-up time), and that 

applications submitted earlier will be 

returned. This is consistent with longstanding NPS administrative practice. 

As detailed in 73 FR 46217 (2008), this 

one year time frame allows applicants to 

be better able to determine the proposed 

activity’s true size and scope, and 

allows the NPS to be better able to 

determine whether it can be reasonably 

accommodated, while also allowing a 

fair and equal opportunity to use 

parkland. 

This rule has been simplified, with 

various cross-indexing and subheading 

captions, so that it may be more 

understandable. For example, the rule at 

36 CFR 2.51(h) and 2.52(g) standardizes 

the maximum duration of a permit to 14 

consecutive days, a change from just 7 

days in the prior 36 CFR 2.51(g), but 

consistent with the prior 36 CFR 2.52(g). 

The rule still allows a permit to be 

extended upon submission of a new 

application. 

This rule at 36 CFR 2.51(c)(1)(i)–(v) 

also consolidates the regulatory criteria 

earlier found at 2.51(e)(1)–(5) and 

2.52(e)(1)–(5), governing when the NPS 

may determine an area is available for 

demonstrations and the sale or 

distribution of printed matter. Parks that 

authorize special events under 36 CFR 

2.50 should consider those special event 

areas to also be available for 

demonstrations and the sale and 

distribution of printed matter. 

This rule at 36 CFR 2.51(c)(1)(vi) also 

creates one additional regulatory 

criterion for the NPS to consider in 

deciding which areas to designate as 

available for demonstrations and the 

sale or distribution of printed matter: 

Whether such activities would be 

incompatible with the nature and 

traditional use of the particular park 

area involved. This additional factor is 

consistent with the Court of Appeals 

decision in Boardley, which stated that: 

Presumably, many national parks include 

areas—even large areas, such as a vast 

wilderness preserve—which never have been 

dedicated to free expression and public 

assembly, would be clearly incompatible 

with such use, and would therefore be 

classified as nonpublic forums. But at the 

same time, many national parks undoubtedly 

include areas that meet the definition of 

traditional public forums. 

Boardley v. Department of the Interior, 

2010 U.S. App. LEXIS 16302 *12–13 

(DC Cir. August 6, 2010) (citations 

omitted). While traditional public 

forums may exist in some parks, by 

designating certain areas as available for 

demonstrations and the sale or 

distribution of printed matter, NPS does 

not intend to define those designated 

available areas as public forums for 

purposes of First Amendment analysis. 

This rule at 36 CFR 2.52(a) also 

defines what constitutes ‘‘printed 

matter.’’ This definition simply codifies, 

with minor modifications, a definition 

already provided in the preamble to the 

1983 final regulation. 48 FR 30272 (June 

30, 1983). 

This rule, at 36 CFR 2.51(e) and 

2.52(d), also directs that the 

superintendent shall issue a permit 

within ten days of receipt of a fully 

executed application that includes all of 

the requested information and is 

submitted within one year of the 

proposed event. The text of the earlier 

NPS regulations required park action 

‘‘without unreasonable delay,’’ which 

the NPS later modified to two business 

days following another Circuit’s 

decision. However, the Court of Appeals 

in Boardley found that the other 

Circuit’s decision was no longer 

persuasive due to a subsequent Supreme 

Court decision, and that ‘‘it had no 

trouble finding deadlines between three 

and ten days to be reasonable.’’ Boardley 

v. Department of the Interior, 2010 U.S. 

App. LEXIS 16302 *23 (DC Cir. August 

6, 2010). 


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64152 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations 

Harassment and Obstruction 

This rule, at 36 CFR 2.31(a)(4)–(5), 

also creates two additional public 

conduct regulations that prohibit 

harassment and obstruction. The 

harassment of park visitors with 

physical contact was earlier prohibited 

at 36 CFR 2.52(h), and the NPS believes 

that such public conduct regulations are 

critical to help protect park resources, 

programs, and visitors. These 

regulations are also consistent with the 

Court of Appeals decision in Boardley, 

which recognized that the government 

could achieve its legitimate interests by 

narrowly tailored public conduct 

regulations: ‘‘Instead of subjecting 

individuals and small groups to a prior 

restraint on speech, the NPS could 

simply prohibit and punish conduct 

that harasses park visitors, interferes 

with official programs, or creates 

security or accessibility hazards.’’ 

Boardley, 2010 U.S. App. LEXIS 16302 

at *40 (DC Cir. August 6, 2010). 

Compliance With Other Laws, 

Executive Orders, and Department 

Policy 

Effective Date 

Pursuant to 5 U.S.C. 553(d)(3) and 318 

DM 4.7 B(1)(ii), this rule is effective 

immediately, so that, following the 

issuance of the mandate by the Court of 

Appeals in Boardley, the NPS may 

continue to perform its duties under the 

NPS Organic Act, consistent with the 

First Amendment, by properly 

managing federal parkland while 

allowing activities associated with 

demonstrations and the sale and 

distribution of printed matter. 

Regulatory Planning and Review 

(Executive Order 12866) 

This document is a significant rule 

and the Office of Management and 

Budget has reviewed this rule under 

Executive Order 12866. This rule: 

(1) 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) Will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency. The rule only affects 

management and operations of National 

Park Service areas outside the National 

Capital Region. 

(3) Does not alter the budgetary effects 

of entitlements, grants, user fees, or loan 

programs or the rights or obligations of 

their recipients. 

(4) Does raise novel legal or policy 

issues. The rule modifies existing NPS 

regulations to be consistent with recent 

federal court decisions. 

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

et seq.) 

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. 

The rule expands opportunities for 

individuals and organizations to engage 

in small group demonstrations and the 

sale or distribution of printed matter for 

which no permit need be issued. Other 

organizations with interest in the rule 

will not be effected economically. 

Small Business Regulatory Enforcement 

Fairness Act (5 U.S.C. 804 (2)) 

This rule is not a major rule under 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 (2 

U.S.C. 1531 et seq.) 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local, or tribal 

governments or the private sector. A 

statement containing the information 

required by the Unfunded Mandates 

Reform Act is not required. 

Takings (Executive Order 12630) 

Under the criteria in Executive Order 

12630, this rule does not have 

significant takings implications. It 

pertains specifically to operation and 

management of locations outside the 

NPS–National Capital Region. A takings 

implication assessment is not required. 

Federalism (Executive Order 13132) 

In accordance with Executive Order 

13132, the rule does not have sufficient 

federalism implications to warrant the 

preparation of summary impact 

statement. A Federalism summary 

impact statement is not required. 

Civil Justice Reform (Executive Order 

12988) 

This rule complies with the 

requirements of Executive Order 12988. 

Specifically, this rule: 

(a) Meets the criteria of section 3(a) 

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

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

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

Consultation With Indian tribes 

(Executive Order 13175) 

Under the criteria in Executive Order 

13175, we have evaluated this rule and 

determined that it has no potential 

effects on federally recognized Indian 

tribes. The rule only applies to 

management and operation of NPS areas 

outside the National Capital Region. 

Paperwork Reduction Act 

The Office of Management and Budget 

has approved the information 

collections in this rule and has assigned 

control number 1024–0026 expiring on 

June 30, 2013. The information 

collection activities are necessary for the 

public to obtain benefits in the form of 

special park use permits. 

National Environmental Policy Act of 

1969 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. It is 

a modification of existing NPS 

regulations as required by a decision of 

the Court of Appeals. Moreover, a 

detailed statement under the National 

Environmental Policy Act of 1969 

(NEPA) is not required because the rule 

is covered by a categorical exclusion. 

We have determined that the proposed 

rule is categorically excluded under 516 

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

existing NPS regulations that does not 

increase public use to the extent of 

compromising the nature and character 

of the area or causing physical damage 

to it. Further, the rule will not result in 

the introduction of incompatible uses 

which might compromise the nature 

and characteristics of the area or cause 

physical damage to it. Finally, the rule 

will not cause conflict with adjacent 

ownerships or land uses, or cause a 

nuisance to adjacent owners or 

occupants. 

We have also determined that the rule 

does not involve any of the 

extraordinary circumstances listed in 43 

CFR 46.215 that would require further 

analysis under NEPA. 


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Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations 64153 

Information Quality Act (Pub. L. 106– 

554) 

In developing this rule we did not 

conduct or use a study, experiment, or 

survey requiring peer review under the 

Information Quality Act. 

Effects on the Energy Supply (Executive 

Order 13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211. A Statement of Energy 

Effects is not required. 

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 help us better 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 

Pursuant to 5 U.S.C. 553, good cause 

exists both to publish this interim rule 

without prior public notice and 

comment and for this rule to become 

effective immediately, following the 

issuance of the mandate by the Court of 

Appeals in Boardley v. Department of 

the Interior. This allows the NPS to 

continue to perform its duties under the 

NPS Organic Act, consistent with the 

First Amendment: to properly manage 

federal parkland while allowing 

activities associated with 

demonstrations and the sale and 

distribution of printed matter. As 

explained above, the Court of Appeals 

found that the rules at 2.51 and 2.52 

were unconstitutional in their entirety. 

Thus, to ensure that no regulatory 

vacuum exists, it is necessary to 

promulgate these rules without advance 

notice and comment, and it would be 

impracticable and contrary to the public 

interest to delay their effective date. 

And as explained above, these changes 

adopt some provisions already included 

within the special regulations for the 

NPS’s National Capital Region, which 

were the result of notice and comment 

rulemakings. Although the interim rule 

is effective immediately, NPS still 

requests public comments on this rule. 

Comments will be accepted for 60 days. 

NPS will review all comments received, 

and at the conclusion of the comment 

period will determine whether revisions 

to this interim rule are warranted. 

All submissions must include the 

agency name and docket number or 

Regulatory Information Number (RIN) 

for this rulemaking. All comments 

received will be posted without change 

to http://www.regulations.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov and enter ‘‘1024– 

ADXX’’ in the ‘‘Keyword or ID’’ search 

box. 

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 2 

Environmental protection, National 

parks, Reporting and recordkeeping 

requirements. 

■ In consideration of the foregoing, the 

National Park Service amends 36 CFR 

part 2 as set forth below: 

PART 2—RESOURCE PROTECTION, 

PUBLIC USE AND RECREATION 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: 16 U.S.C. 1, 3, 9a, 462(k). 

■ 2. In § 2.31 add paragraphs (a)(4) and 

(a)(5), to read as follows: 

§ 2.31 Trespassing, tampering, vandalism, 

harassment, obstruction. 

(a) * * * 

(4) Harassment. Intentional or 

reckless harassment of park visitors 

with physical contact. 

(5) Obstruction. Intentional or 

reckless obstruction of any sidewalk, 

trail, highway, building entranceway, 

railroad track, or public utility right-ofway, or other public passage, whether 

alone or with others. The mere gathering 

of persons to hear a speaker 

communicate, or simply being a 

member of such a gathering, does not 

constitute obstruction. An official may 

make a reasonable request or order that 

one or more persons move in order to 

prevent obstruction of a public passage, 

and refusal of such an order constitutes 

obstruction. 

* * * * * 

■ 3. Section 2.51 is revised to read as 

follows: 

§ 2.51 Demonstrations. 

(a) Demonstrations. The term 

‘‘demonstrations’’ includes 

demonstrations, picketing, 

speechmaking, marching, holding vigils 

or religious services, and all other like 

forms of conduct that involve the 

communication or expression of views 

or grievances, engaged in by one or 

more persons, the conduct of which is 

reasonably likely to attract a crowd or 

onlookers. This term does not include 

casual park use by visitors or tourists 

that is not reasonably likely to attract a 

crowd or onlookers. 

(b) Permits and the small group 

permit exception. Demonstrations are 

allowed within park areas designated as 

available under paragraph (c)(2) of this 

section, when the superintendent has 

issued a permit for the activity, except 

that: 

(1) Demonstrations involving 25 

persons or fewer may be held without 

a permit within designated park areas, 

provided that: 

(i) None of the reasons for denying a 

permit that are set out in paragraph (f) 

of this section are present; 

(ii) The group is not merely an 

extension of another group already 

availing itself of the small group permit 

exception under this provision; 

(iii) They will not unreasonably 

interfere with other permitted 

demonstrations and special events, or 

park program activities; and 

(iv) Hand-carried signs may be used, 

but stages, platforms, or structures may 

not be used. 

(2) While it is not mandatory, the 

organizer is requested to provide 

reasonable notice of the proposed event 

to the park superintendent, including 

whether there is any reason to believe 

that there may be an attempt to disrupt, 

protest, or prevent the activity. 

(3) The 25-person maximum for the 

small group permit exception may be 

reduced for a designated available area, 

but only if: 

(i) A written determination that a 25- 

person group cannot be reasonably 

physically accommodated within that 

area is approved by the regional 

director; and 

(ii) The written determination is made 

available at the office of the 


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64154 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations 

superintendent and by public notice 

under § 1.7 of this chapter. 

(4) In the event that two or more 

groups taking advantage of the small 

group permit exception seek to use the 

same designated available area at the 

same time, and the area cannot 

reasonably accommodate multiple 

occupancy, the superintendent will, 

whenever possible, direct the laterarriving group to relocate to another 

nearby designated available area. 

(c) Designated available park areas. 

(1) Locations may be designated as 

available for demonstrations under this 

section, and for the sale or distribution 

of printed matter under § 2.52, only if 

these activities would not: 

(i) Cause injury or damage to park 

resources; 

(ii) Unreasonably impair the 

atmosphere of peace and tranquility 

maintained in wilderness, natural, 

historic, or commemorative zones; 

(iii) Unreasonably interfere with 

interpretive, visitor service, or other 

program activities, or with the 

administrative activities of the National 

Park Service; 

(iv) Substantially impair the operation 

of public use facilities or services of 

National Park Service concessioners, 

holders of commercial use 

authorizations, or contractors; 

(v) Present a clear and present danger 

to the public health and safety; or 

(vi) Be incompatible with the nature 

and traditional use of the particular park 

area involved. 

(2) The superintendent must 

designate on a map, which must be 

available in the office of the 

superintendent and by public notice 

under § 1.7 of this chapter, the locations 

designated as available for 

demonstrations and the sale or 

distribution of printed matter. 

(d) Application for permit. A permit 

application must provide: 

(1) The name of the applicant or the 

name of the organization (if any); 

(2) The date, time, duration, nature, 

and place of the proposed event; 

(3) An estimate of the number of 

persons expected to attend; 

(4) A statement of equipment and 

facilities to be used; 

(5) Whether there is any reason to 

believe that there will be an attempt to 

disrupt, protest, or prevent the event; 

and 

(6) Any other information required by 

the permit application form. 

(e) The superintendant must not 

accept an application more than one 

year before the proposed event 

(including time required for set-up); 

applications received more than a year 

in advance will be returned to the 

applicant. 

(f) Processing the application. The 

superintendent must issue a permit 

within ten days of receiving a complete 

and fully executed application unless: 

(1) The superintendant has granted or 

will grant a prior application for a 

permit for the same time and place, and 

the activities authorized by that permit 

do not reasonably allow multiple 

occupancy of that particular area; 

(2) It reasonably appears that the 

event will present a clear and present 

danger to public health or safety; 

(3) The event is of such nature or 

duration that it cannot reasonably be 

accommodated in the particular location 

applied for, considering such things as 

damage to park resources or facilities, 

impairment of a protected area’s 

atmosphere of peace and tranquility, 

interference with program activities, or 

impairment of public use facilities; 

(4) The location applied for has not 

been designated as available under 

paragraph (c)(2) of this section; 

(5) The application was submitted 

more than one year before the proposed 

event (including set-up); or 

(6) The activity would constitute a 

violation of an applicable law or 

regulation. 

(g) Written denial of permit. If a 

permit is denied, the superintendant 

will inform the applicant in writing of 

the denial and the reasons for it. 

(h) Permit conditions. The permit may 

contain conditions reasonably 

consistent with the requirements of 

public health and safety, protection of 

park resources, and the use of the park 

area for the purposes for which it was 

established. It may also contain 

reasonable limitations on the equipment 

used and the time and area within 

which the event is allowed. 

(i) Permit duration. (1) Permits may be 

issued for a maximum of 14 consecutive 

days. 

(2) A permit may be extended for up 

to 14 days, but a new application must 

be submitted for each extension 

requested. 

(3) The extension may be denied if 

another applicant has requested use of 

the same location and the location 

cannot reasonably accommodate 

multiple occupancy. 

(j) Violation prohibited. Violation of 

these regulations or the terms of the 

permit is prohibited. 

(k) Permit revocation, termination of 

small group exception. (1) The 

superintendent may revoke a permit for 

any violation of its terms and 

conditions. 

(2) The superintendent may revoke a 

permit, or order a small group permit 

exception activity to cease, when any of 

the conditions listed in paragraph (f) of 

this section exist. 

(3) The superintendent will make the 

revocation or order to cease in writing, 

with the reasons clearly set forth. In 

emergency circumstances the 

superintendent will make an immediate 

verbal revocation or order to cease, 

followed by written confirmation within 

72 hours. 

■ 4. Section 2.52 is revised to read as 

follows: 

§ 2.52 Sale or distribution of printed 

matter. 

(a) Printed Matter. The term ‘‘printed 

matter’’ means message-bearing textual 

printed material such as books, 

pamphlets, magazines, and leaflets, 

provided that it is not solely commercial 

advertising. 

(b) Permits and the small group 

permit exception. The sale or 

distribution of printed matter is allowed 

within park areas designated as 

available under § 2.51(c)(2) when the 

superintendent has issued a permit for 

the activity, except that: 

(1) Sale or distribution activity by 25 

persons or fewer may be conducted 

without a permit within designated park 

areas, provided that: 

(i) None of the reasons for denying a 

permit that are set out in paragraph (e) 

of this section are present; and 

(ii) The group is not merely an 

extension of another group already 

availing itself of the small group permit 

exception under this provision; 

(iii) The sale or distribution will not 

unreasonably interfere with other 

permitted demonstrations and special 

events, or program activities; and 

(iv) Hand-carried signs may be used, 

but stages, platforms, or structures may 

not be used. 

(2) While it is not mandatory, the 

organizer is requested to provide 

reasonable notice of the proposed event 

to the park superintendent, including 

whether there is any reason to believe 

that there may be an attempt to disrupt, 

protest, or prevent the activity. 

(3) The 25-person maximum for the 

small group permit exception may be 

reduced for a designated available area, 

but only if: 

(i) A written determination that a 25- 

person group cannot be reasonably 

physically accommodated within that 

area is approved by the regional 

director; and 

(ii) The written determination is made 

available at the office of the 

superintendent and by public notice 

under § 1.7 of this chapter. 

(4) In the event that two or more 

groups taking advantage of the smallgroup permit exception seek the same 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Rules and Regulations 64155 

designated available area at the same 

time, and the area cannot reasonably 

accommodate multiple occupancy, the 

superintendent will, whenever possible, 

direct the later-arriving group to relocate 

to another nearby designated available 

area. 

(c) Application for permit. An 

application must provide: 

(1) The name of the applicant or the 

name of the organization (if any); 

(2) The date, time, duration, nature, 

and place of the proposed event; 

(3) An estimate of the number of 

persons expected to attend; 

(4) A statement of equipment and 

facilities to be used; 

(5) Whether there is any reason to 

believe that there will be an attempt to 

disrupt, protest, or prevent the event; 

and 

(6) Any other information required by 

the permit application form. 

(d) The superintendant must not 

accept an application more than one 

year before the proposed event 

(including time required for set-up); 

applications received more than a year 

in advance will be returned to the 

applicant. 

(e) Processing the application. The 

superintendent must issue a permit 

within ten days of receiving a complete 

and fully executed application unless: 

(1) The superintendant has granted or 

will grant a prior application for a 

permit for the same time and place, and 

the activities authorized by that permit 

do not reasonably allow multiple 

occupancy of the particular area; 

(2) It reasonably appears that the sale 

or distribution will present a clear and 

present danger to the public health and 

safety; 

(3) The number of persons engaged in 

the sale or distribution exceeds the 

number that can reasonably be 

accommodated in the particular location 

applied for, considering such things as 

damage to park resources or facilities, 

impairment of a protected area’s 

atmosphere of peace and tranquility, 

interference with program activities, or 

impairment of public use facilities; 

(4) The location applied for has not 

been designated as available under 

§ 2.51(c)(2); 

(5) The application was submitted 

more than one year before the proposed 

event (including set-up); or 

(6) The activity would constitute a 

violation of an applicable law or 

regulation. 

(f) Written denial of permit. If a permit 

is denied, the superintendant will 

inform the applicant in writing of the 

denial and the reasons for it. 

(g) Permit conditions. The permit may 

contain conditions reasonably 

consistent with the requirements of 

public health and safety, protection of 

park resources, and the use of the park 

area for the purposes for which it was 

established. 

(h) Permit duration. (1) Permits may 

be issued for a maximum of 14 

consecutive days. 

(2) A permit may be extended for up 

to 14 days, but a new application must 

be submitted for each extension 

requested. 

(3) The extension may be denied if 

another applicant has requested use of 

the same location and the location 

cannot reasonably accommodate 

multiple occupancy. 

(i) Misrepresentation. It is prohibited 

for persons engaged in the sale or 

distribution of printed matter under this 

section to misrepresent the purposes or 

affiliations of those engaged in the sale 

or distribution, or to misrepresent 

whether the printed matter is available 

without cost or donation. 

(j) Violation prohibited. Violation of 

these regulations or the terms of the 

permit is prohibited. 

(k) Permit revocation, termination of 

small group exception. (1) The 

superintendent may revoke a permit for 

any violation of its terms and 

conditions. 

(2) The superintendent may revoke a 

permit, or order a small group permit 

exception activity to cease, when any of 

the conditions listed in paragraph (e) of 

this section exist. 

(3) The superintendent will make the 

revocation or order to cease in writing, 

with the reasons clearly set forth. In 

emergency circumstances the 

superintendent will make an immediate 

verbal revocation or order to cease, 

followed by written confirmation within 

72 hours. 

Dated: October 1, 2010. 

Will Shafroth, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2010–26392 Filed 10–15–10; 4:15 pm] 

BILLING CODE 4312–52–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2007–0587; EPA–R05– 

OAR–2009–0732; FRL–9205–8] 

Approval of Implementation Plans of 

Wisconsin: Nitrogen Oxides 

Reasonably Available Control 

Technology 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving revisions to 

the Wisconsin State Implementation 

Plan (SIP) submitted on June 12, 2007 

and on September 14, 2009. These 

revisions incorporate provisions related 

to the implementation of nitrogen 

oxides (NOX) Reasonably Available 

Control Technology (RACT) for major 

sources in the Milwaukee-Racine and 

Sheboygan County ozone nonattainment 

areas. EPA is approving SIP revisions 

that address the NOX RACT 

requirements found in the Clean Air Act 

(CAA). EPA is also approving other 

miscellaneous rule changes that affect 

NOX regulations that were previously 

adopted and approved into the SIP. 

DATES: This final rule is effective 

November 18, 2010. 

ADDRESSES: EPA has established the 

following dockets for this action: Docket 

ID Nos. EPA–R05–OAR–2007–0587 and 

EPA–R05–OAR–2009–0732. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure 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 

available either electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding federal holidays. We 

recommend that you telephone Douglas 

Aburano, Environmental Engineer, at 

(312) 353–6960, before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Aburano, Environmental 

Engineer, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 353–6960, 

aburano.douglas@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

Table of Contents 

I. What is the background for this rule? 

II. What comments did we receive on the 

proposed rule? 


emcdonald on DSK2BSOYB1PROD with RULES