33384 Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Proposed Rules 

35°07′00′′ N.; long. 116°34′03′′ W.; to 

point of beginning. Excluding the 

airspace below 3,000 feet AGL within a 

3NM radius of the town of Baker, CA 

(lat. 35°16′00′′ N. long. 116°04′33′′ W.;) 

and R2502A. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) part 73 to establish Restricted 

Areas R–2502A at Fort Irwin, CA. The 

U.S. Army has requested this restricted 

area because the existing special use 

airspace does not include the airspace 

above the expanded land maneuver area 

created to support the NTC. This 

proposed action is required to ensure a 

safe training environment, isolated from 

the public, for military air and ground 

maneuvers from the surface to the upper 

limits of restricted airspace. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed regulation: (1) 

Is not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this proposed rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it proposes to establish restricted area 

airspace at Fort Irwin, CA. 

Environmental Review 

This proposal will be subjected to the 

appropriate environmental analysis in 

accordance with FAA Order 1050.1E, 

Environmental Impacts: Policies and 

Procedures, prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 73 as 

follows: 

PART 73—SPECIAL USE AIRSPACE 

1. The authority citation for part 73 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 73.25 [Amended] 

2. § 73.25 is amended as follows: 

* * * * * 

R–2502A Fort Irwin, CA [New] 

Boundaries. Beginning at lat. 

35°25′48′′ N., long. 116°18′48′′ W.; to lat. 

35°25′30′′ N., long. 116°09′46′′ W.; to lat. 

35°23′15′′ N., long. 116°09′47′′ W.; to lat. 

35°06′54′′ N., long. 116°30′17′′ W.; to lat. 

35°07′00′′ N., long. 116°34′03′′ W.; to lat. 

35°18′45′′ N., long. 116°18′48′′ W. to 

point of beginning. 

Designated altitudes. Surface to 

16,000 feet MSL. 

Time of designation. Continuous. 

Controlling agency. FAA, Hi-Desert 

TRACON, Edwards, CA. 

Using agency. Commander, Fort 

Irwin, CA. 

* * * * * 

Issued in Washington, DC, on July 6, 2009. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. E9–16480 Filed 7–10–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

RIN 1024–AD50 

Special Regulations; Areas of the 

National Park System 

AGENCY: National Park Service, Interior. 

ACTION: Proposed Rule. 

SUMMARY: The National Park Service is 

proposing this rule to update its 

regulations for managing use of the 

Colorado River and adjoining federally 

owned lands administered by the 

National Park Service within Grand 

Canyon National Park. Changes to the 

current rule are necessary to implement 

portions of the park’s recently revised 

Colorado River Management Plan. 

Current regulations govern boat trips on 

the Colorado River within the park 

upstream from Diamond Creek 

(approximately River Mile 226). In 

accordance with the new Colorado River 

Management Plan, the proposed rule 

will apply to the entire Colorado River 

within the park, including the reach of 

the river downstream from Diamond 

Creek to the boundary between the park 

and Lake Mead National Recreation 

Area (approximately River Mile 277). 

DATES: Comments must be received by 

September 11, 2009. 

ADDRESSES: You may submit your 

comments, identified by Regulatory 

Information Number 1024–AD50 (RIN), 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: National Park Service, WASO, 

Mike Archer, Chief Ranger, Grand 

Canyon National Park, P.O. Box 129, 

Grand Canyon, Arizona. 

All submissions received must 

include the agency name and RIN. For 

additional information see ‘‘Public 

Participation’’ under SUPPLEMENTARY

INFORMATION below. 

FOR FURTHER INFORMATION CONTACT: 

Palma Wilson, Deputy 

Superintendent—Operations, Grand 

Canyon National Park, P.O. Box 129, 

Grand Canyon, Arizona 86023, 

Palma_Wilson@nps.gov, (fax) (928) 638– 

7815. 

SUPPLEMENTARY INFORMATION: 

Description of the Park 

Grand Canyon National Park, Arizona, 

contains and protects what many people 

consider to be the most scenic and 

scientifically significant arid-land 

canyon in the world. Congress 

established the park in the Act of 

February 26, 1919, and enlarged its 

boundaries in subsequent legislation 

enacted in 1926, 1928, and 1975. As 

described in the latest such enactment, 

the Grand Canyon National Park 

Enlargement Act, the park consists of 

approximately one million, two 

hundred thousand acres of lands, 

waters, and interests therein, all as 

depicted on a boundary map referenced 

in the legislation. 

The reach of the Colorado River in the 

park provides a unique combination of 

thrilling whitewater adventure and 

magnificent vistas of a remarkable 

geologic landscape, including remote 

and intimate side canyons. The 277- 

mile-long river corridor is home to 

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unique and abundant natural and 

cultural resources, including diverse 

wildlife, threatened and endangered 

species, archeological sites, caves, and 

natural soundscapes. For these reasons, 

a river trip through the Grand Canyon 

is one of the most sought-after 

backcountry experiences in the country, 

and nearly 30,000 visitors per year run 

the river. In addition, more than 50,000 

visitors per year take flat-water 

excursions lasting several hours in the 

lower gorge on pontoon boats operated 

by or for the Hualapai Tribe. 

Purposes of the Park 

In the Act of February 26, 1919, 

Congress dedicated and set apart certain 

described lands under the name of the 

Grand Canyon National Park ‘‘as a 

public park for the benefit and 

enjoyment of the people.’’ In the Grand 

Canyon National Park Enlargement Act, 

Congress recognized ‘‘that the entire 

Grand Canyon, from the mouth of the 

Paria River to the Grand Wash Cliffs, 

including tributary side canyons and 

surrounding plateaus, is a natural 

feature of national and international 

significance.’’ In that act Congress also 

recognized the need for ‘‘further 

protection and interpretation of the 

Grand Canyon in accordance with its 

true significance.’’ 

The park’s General Management Plan, 

finalized in 1995, states that as a place 

of national and global importance Grand 

Canyon National Park is to be managed 

to ‘‘preserve and protect its natural and 

cultural resources and ecological 

processes, as well as its scenic, 

aesthetic, and scientific values’’ and to 

‘‘provide opportunities for visitors to 

experience and understand the 

environmental interrelationships, 

resources, and values of Grand Canyon 

without impairing the resource.’’ 

The park’s Colorado River 

Management Plan was revised (Record 

of Decision published in the Federal 

Register on March 23, 2006) to address 

both long-standing and recent issues 

concerning resource protection, visitor 

experience, and public services along 

the Colorado River corridor; to consider 

the impact of National Park Service 

river management on federally 

recognized American Indian tribes 

whose reservations adjoin Grand 

Canyon National Park; and to fulfill the 

requirements of a 2002 agreement that 

settled litigation over the previous river 

management plan. 

Resource Issues 

Nearly 30,000 visitors per year 

participate in commercial or 

noncommercial river trips on the 

Colorado River within Grand Canyon 

National Park. In addition, more than 

50,000 visitors per year take flat-water 

excursions lasting several hours in the 

lower gorge on pontoon boats operated 

by or for the Hualapai Tribe. 

Recreational activities along the river 

corridor in the park may impact the 

park’s natural and cultural resources 

(including resources possessing 

wilderness values), the experiences of 

park visitors, park operations, and 

adjoining lands owned or administered 

by other federal agencies or neighboring 

American Indian tribes. Those impacts 

are analyzed in depth in Chapter 4 of 

the Final Environmental Impact 

Statement for the recently revised 

Colorado River Management Plan. 

As currently written, 36 CFR 7.4(b) 

governs the use of the Colorado River 

within the park upstream from Diamond 

Creek (approximately River Mile 226). 

This proposed rule would apply to the 

entire Colorado River and adjoining 

federally owned lands within the park, 

including the reach of the river 

downstream from Diamond Creek (River 

Mile 226) to the boundary between the 

park and Lake Mead National 

Recreation Area (approximately River 

Mile 277). This proposed rule (1) would 

clarify that commercial river trips below 

Diamond Creek, including those 

operated by or for the Hualapai Tribe, 

must obtain National Park Service 

approval in the form of a permit, 

contract, or other written agreement, as 

required by 36 CFR 5.3 and other 

applicable laws, and (2) would require 

that noncommercial river trips using 

any part of the Colorado River within 

Grand Canyon National Park, including 

the river downstream from Diamond 

Creek, obtain a permit issued by the 

Superintendent. The proposed rule also 

would update visitor-use restrictions 

and camping closures and delete 

unnecessary provisions in the current 

regulation. 

The Colorado River Management Plan 

planning process involved extensive 

public scoping beginning in 1997 and 

included numerous public meetings and 

stakeholder workshops; opportunity for 

the public to comment in person or via 

email or regular mail; and consultation 

with other agencies and culturally 

affiliated American Indian tribes. 

During the planning process, 

approximately 2,000 people attended 

public meetings, and the National Park 

Service received approximately 24,000 

written responses from the public 

containing over 90,000 individual 

comments. For additional information 

see the Purpose of and Need for the 

Action, Background Information and 

Appendix B: Public Scoping Summary 

sections of the Final Environmental 

Impact Statement, which detail the 

public scoping process and the issues 

and concerns raised in scoping; Volume 

II, Chapter 5 of the Final Environmental 

Impact Statement, which includes a list 

of organizations and agencies consulted 

during the planning process; and 

Volume III of the Final Environmental 

Impact Statement, which includes 

responses to all substantive comments 

received during the process. The Final 

Environmental Impact Statement can be 

found on the park’s Web site at http:// 

www.nps.gov/archive/grca/crmp/ or at 

Grand Canyon National Park, 823 N. 

San Francisco, Ste A, Flagstaff, AZ 

86001. 

The National Park Service’s 

management of the Colorado River 

within Grand Canyon National Park 

may affect resources of the Navajo 

Nation, the Havasupai Tribe, or the 

Hualapai Tribe, each of which shares a 

boundary with the park. Furthermore, 

the National Park Service’s management 

of the Colorado River within the park 

will affect businesses operating on the 

river under agreements with the 

Hualapai Tribe. Potential impacts for 

culturally affiliated American Indian 

tribes were addressed in the park’s 

recently revised Colorado River 

Management Plan. 

At its request, the Hualapai Tribe 

served as a cooperating agency in the 

preparation of the Environmental 

Impact Statement for the new Colorado 

River Management Plan. The final plan 

represents agreement between the 

National Park Service and the Tribe on 

most issues relating to river use in the 

park. However, the Tribe’s preferred 

alternative for the lower gorge 

envisioned even greater pontoon boat 

use than the increase authorized by the 

final plan. The National Park Service 

intends to offer the Tribe a noncompetitive concession contract for its 

lower gorge operations in accordance 

with the final plan and with the 

National Park Service Concessions 

Management Improvement Act of 1998 

and implementing regulations found in 

36 CFR Part 51. 

For more information on consultation 

and coordination with American Indian 

tribes see Chapter 5 of the Final 

Environmental Impact Statement for the 

Colorado River Management Plan. The 

Final Environmental Impact Statement 

can be found on the park’s Web site at 

http://www.nps.gov/archive/grca/crmp/ 

or at Grand Canyon National Park, 823 

N. San Francisco, Ste A, Flagstaff, AZ 

86001. 

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33386 Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Proposed Rules 

The Draft and Final Environmental 

Impact Statements 

This rule would implement portions 

of Grand Canyon National Park’s 

recently revised Colorado River 

Management Plan. The National Park 

Service prepared a Draft Environmental 

Impact Statement and a Final 

Environmental Impact Statement. A 

Record of Decision was published in the 

Federal Register on March 23, 2006. 

The planning process began in 1997 

with public scoping and stakeholder 

workshops. During the process, 

approximately 2,000 people attended a 

total of 14 public meetings and the NPS 

received approximately 24,000 written 

responses from the public containing 

over 90,000 individual comments. 

Impacts associated with this rule are 

analyzed in the Final Environmental 

Impact Statement for the Colorado River 

Management Plan. The Record of 

Decision and the Final Environmental 

Impact Statement are available on the 

park’s Web site at http://www.nps.gov/ 

archive/grca/crmp/ or at Grand Canyon 

National Park, 823 N. San Francisco, Ste 

A, Flagstaff, AZ 86001. 

Section-by-Section Analysis 

Section 7.4(b) Colorado River Boat Trips 

Section 7.4(b), ‘‘Colorado River boat 

trips’’ would amend the existing 

regulation, which applies to boat trips 

on the Colorado River only between 

Lee’s Ferry (River Mile 0) and Diamond 

Creek (approximately River Mile 226). 

The amended section would apply to all 

boat trips on the entire length of the 

Colorado River in Grand Canyon 

National Park. 

Section 7.4(b)(1) would clarify that all 

commercial boat trips on the Colorado 

River in Grand Canyon National Park 

must be authorized by the National Park 

Service through a permit, contract, or 

other written agreement, as required by 

36 CFR 5.3 and other applicable laws. 

Section 7.4(b)(2) would require all 

noncommercial river trips on the entire 

length of the Colorado River in Grand 

Canyon National Park to be authorized 

under a permit issued by the 

Superintendent. Currently section 7.4 

only requires permits for 

noncommercial river trips from Lee’s 

Ferry (River Mile 0) to Diamond Creek 

(approximately River Mile 226). This 

section would extend the permit 

requirement to the entire river within 

the park. 

Section 7.4(b)(3) would renumber and 

clarify the definition of ‘‘commercial’’ 

river trips and ‘‘noncommercial’’ river 

trips. This section is currently found at 

7.4(b)(3)(iii). 

Section 7.4(b)(4) would create a new 

standalone section with language that is 

currently found in section 7.4(b)(3) and 

that authorizes the Superintendent to 

limit the number of permits, contracts 

and other written agreements, or amend 

the terms and conditions of those 

permits, contracts and other written 

agreements, to ensure public safety or to 

protect park resources. 

Section 7.4(b)(5)(i),(ii),(iii), and (iv) 

would set out operational conditions 

required for all river trips. These 

conditions are not new except that they 

would apply to the entire length of the 

Colorado River within the park. These 

four conditions are currently found in 

sections 7.4(b)(1) and (2). 

Section 7.4(b)(6) would renumber the 

section that requires human waste to be 

removed from the park in a manner 

prescribed by the Superintendent. This 

section is currently found at 7.4(b)(4). 

Section 7.4(b)(7) would renumber and 

update the section that contains 

requirements for camp fires currently 

found at 7.4(b)(4). This section would 

continue to require that fires be kindled 

only on beaches and that fires be 

completely extinguished with water. It 

would add the requirements that fires 

must be kindled in elevated metal pans 

and that ash and charcoal must be 

removed from the park. These 

restrictions are currently included in 

permit conditions for both commercial 

and noncommercial river trips. 

Section 7.4(b)(8)(i) through (vii) 

would list camping closures that are 

currently found at 7.4(b)(9) and would 

add camping closures in the following 

areas: the Phantom Ranch area, on the 

banks of the Colorado River between the 

Black Bridge and 0.25 miles below the 

mouth of Pipe Creek; the Elves Chasm 

drainage from Royal Arch to the 

Colorado River; and the Deer Creek 

drainage from Deer Creek Falls to the 

Colorado River. Section 7.4(b)(8)(vi) 

would clarify that the camping closure 

at the mouth of Havasu Creek includes 

the Havasu Creek drainage from the 

boundary between the park and the 

Havasupai Indian reservation to the 

Colorado River. These areas are heavily 

visited by river trips and the closures 

would protect resources in the areas by 

limiting river trip participants to dayuse only. 

The revision of section 7.4(b) would 

remove sections 7.4(b)(5), (b)(7), and 

(b)(8). Current section 7.4(b)(5) prohibits 

pets on river trips. Pets are prohibited 

in all areas below the rim of the Grand 

Canyon, including the Colorado River 

corridor, by the Superintendent under 

the authority granted in 36 CFR 

2.15(a)(1), making the current section 

7.4(b)(5) unnecessary. 

Current section 7.4(b)(7) allows 

picnicking on beach areas along the 

Colorado River. This use is currently 

authorized by 36 CFR 2.11, making the 

current section 7.4(b)(7) unnecessary. 

Current section 7.4(b)(8) allows 

swimming and bathing in the waters of 

the Colorado River except in locations 

immediately above rapids, eddies and 

riffles or near rough water. Removing 

this section would allow swimming and 

bathing in all areas of the Colorado 

River, as authorized by 36 CFR 3.16. 

The National Park Service expects 

swimmers and bathers to take 

responsibility for their own safety and 

exercise good judgment while using the 

waters of the Colorado River. 

Compliance With Other Laws 

Regulatory Planning and Review 

(Executive Order 12866) 

This document is a significant rule 

and has been reviewed by the Office of 

Management and Budget under 

Executive Order 12866. We have made 

the assessments required by E.O. 12866 

and the results are available by writing 

to the address in the addresses section 

or as supporting material to this 

rulemaking found at http:// 

www.regulations.gov. 

(1) This rule would not have an effect 

of $100 million or more on the 

economy. It would not adversely affect 

in a material way the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

local, governments or communities. 

However, it may affect the Hualapai 

Tribal economy in the future by capping 

the number of people who may take flat 

water excursions in the lower gorge 

operated by or for the Hualapai Tribe. 

(2) This rule would 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 would not 

have a significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601–12 (2000)). 

A qualitative regulatory flexibility 

analysis was published on January 11, 

2008, using data from a cost-benefit 

analysis prepared for the river 

management plan. The analysis showed 

a net benefit of $2.9 million to the 

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regional economy and an increase of 47 

jobs for the area above Diamond Creek. 

For the area on the Colorado River 

below Diamond Creek the result was a 

predicted major beneficial economic 

impact on Hualapai tribal revenue, and 

a negligible impact on the regional 

economy. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. subsection 804(2) of 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 United States-based 

enterprises to compete with foreignbased 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. 

Except as described elsewhere with 

respect to the Hualapai Tribe, the rule 

does not have a significant or unique 

effect on State, local or tribal 

governments or the private sector. 

Takings (Executive Order 12630) 

In accordance with Executive Order 

12630, this rule does not have 

significant takings implications. 

Federalism (Executive Order 13132) 

In accordance with Executive Order 

13132, this rule does not have sufficient 

federalism implications to warrant the 

preparation of a Federalism Assessment. 

Civil Justice Reform (Executive Order 

12988) 

This rule meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of the executive order. 

Paperwork Reduction Act 

This regulation does not require 

information collection from 10 or more 

parties and a submission under the 

Paperwork Reduction Act is not 

required. An OMB form 83–I is not 

required. 

National Environmental Policy Act 

This rule would implement portions 

of the recently revised Colorado River 

Management Plan. All impacts 

associated with this rule are fully 

analyzed in the Final Environmental 

Impact Statement for the Colorado River 

Management Plan. The Final 

Environmental Impact Statement is 

available on the park’s Web site at 

http://www.nps.gov/archive/grca/crmp/ 

or at Grand Canyon National Park, 823 

N. San Francisco, Ste A, Flagstaff, AZ 

86001. 

Government-to-Government 

Relationship With Tribes 

The National Park Service’s 

management of the Colorado River 

within Grand Canyon National Park 

may affect the resources of the Navajo 

Nation, the Havasupai Tribe, and the 

Hualapai Tribe, each of which shares a 

boundary with the park, and historic 

properties in the park to which those 

and other tribes might attach religious 

and cultural significance. Therefore, in 

accordance with the provisions of the 

National Environmental Policy Act; the 

National Historic Preservation Act; the 

April 29, 1994, Presidential 

Memorandum on Government-toGovernment Relations with Native 

American Tribal Governments; 

Executive Order 13007, 3 CFR 196 

(1997); Executive Order 13175, 3 CFR 

part 304 (2001); 512 Department of 

Interior Manual 2; National Park Service 

Management Policies 2001 and 2006; 

and National Park Service Director’s 

Order #71: Relationship with Indian 

Tribes, the National Park Service 

established regular consultation with 

culturally affiliated, federally 

recognized American Indian tribes 

during the revision of the Colorado 

River Management Plan to try to 

understand and address tribal issues 

and concerns. For a list of American 

Indian tribes consulted and a 

description of the process and issues 

identified during the process, see 

Chapter 5 of the Final Environmental 

Impact Statement for the Colorado River 

Management Plan. The Final 

Environmental Impact Statement can be 

found on the park’s Web site at http:// 

www.nps.gov/archive/grca/crmp/ or at 

Grand Canyon National Park, 823 N. 

San Francisco, Ste A, Flagstaff, AZ 

86001. 

Clarity of Rule 

Executive Order 12866 requires each 

agency to write regulations that are easy 

to understand. We invite your 

comments on how to make this rule 

easier to understand, including answers 

to questions such as the following: (1) 

Are the requirements in the rule clearly 

stated? (2) Does the rule contain 

technical language or jargon that 

interferes with its clarity? (3) Does the 

format of the rule (grouping and order 

of sections, use of headings, 

paragraphing, etc.) aid or reduce its 

clarity? (4) Would the rule be easier to 

read if it were divided into more (but 

shorter) sections? (A ‘‘section’’ appears 

in bold type and is preceded by the 

symbol ‘‘§’’ and a numbered heading; 

for example § 7.XX * * *) (5) Is the 

description of the rule in the 

SUPPLEMENTARY INFORMATION section of 

the preamble helpful in understanding 

the proposed rule? What else could we 

do to make the rule easier to 

understand? 

Send a copy of any comments that 

concern how we could make this rule 

easier to understand to: Office of 

Regulatory Affairs, Department of the 

Interior, Room 7229, 1849 C Street, 

NW., Washington, DC 20240. You may 

also email the comments to this address: 

Exsec@ios.doi.gov. 

Drafting Information: The principal 

contributors to this proposed rule are: 

Chris Pergiel, Alaska Regional Chief 

Ranger; Robin Martin, Program Analyst, 

Grand Canyon National Park; and Jerry 

Case, Superintendent, Bighorn Canyon 

National Recreation Area. 

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, Reporting and 

recordkeeping requirements. 

In consideration of the foregoing, the 

National Park Service proposes to 

amend 36 CFR part 7 as follows: 

PART 7—SPECIAL REGULATIONS, 

AREAS OF THE NATIONAL PARK 

SYSTEM 

1. The authority for part 7 continues 

to read as follows: 

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

462(k); Sec. 7.96 also issued under DC Code 

8–137(1981) and DC Code 40–721 (1981). 

2. In § 7.4, paragraph (b) is revised as 

follows: 

§ 7.4 Grand Canyon National Park. 

* * * * * 

(b) Colorado River boat trips. The 

following applies to all persons using 

the waters of the Colorado River, or 

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33388 Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Proposed Rules 

1Memorandum for the Heads of Executive 

Departments and Agencies, January 21, 2009 (74 FR 

4683 (January 26, 2009)). 

2Office of the Attorney General, Memorandum 

for Heads of Executive Departments and Agencies, 

March 19, 2009. 

federally owned lands administered by 

the National Park Service along the 

river, within Grand Canyon National 

Park: 

(1) Commercial use of the Colorado 

River within Grand Canyon National 

Park must be authorized by the National 

Park Service through a permit, contract, 

or other written agreement. Each 

commercial river trip must designate a 

trip leader who is responsible for 

ensuring that all trip participants 

comply with the terms and conditions 

of the authorizing instrument. 

(2) Noncommercial use of the 

Colorado River within Grand Canyon 

National Park, including research by 

any agency, entity, or person except the 

National Park Service, must be 

authorized by a permit issued by the 

Superintendent. The permit holder is 

deemed to be the trip leader and is 

responsible for ensuring that all trip 

participants comply with the terms and 

conditions of the permit. 

(3) A river trip is commercial if any 

participant receives money or other 

compensation for organizing, outfitting, 

or guiding the trip. A river trip is 

noncommercial if: 

(i) There is a bona fide sharing of 

expenses among trip participants; and 

(ii) No participant receives any money 

or other compensation for organizing, 

outfitting, or guiding the trip. 

(4) At any time the Superintendent 

may limit the number of permits, 

contracts, and other written agreements 

issued or may amend the terms and 

conditions of those permits, contracts, 

and other written agreements to ensure 

public safety or to protect park 

resources. 

(5) From Lees Ferry (River Mile 0) to 

Separation Canyon (approximately 

River Mile 239.5): 

(i) No one may operate a vessel 

engaging in predominately upstream 

travel; 

(ii) No one may operate a vessel 

powered by a motor or motors whose 

total horsepower exceeds 55; 

(iii) Every person aboard a vessel 

must wear a personal floatation device 

approved by the United States Coast 

Guard for the specific activity in which 

the person is engaged; and 

(iv) One additional personal floatation 

device must be carried on each vessel 

for every ten persons on board. 

(6) All solid human waste must be 

removed from the park and disposed of 

in the manner prescribed by the 

Superintendent. 

(7) Fire may be kindled only on 

beaches in an elevated metal fire pan 

that contains the fire. All fires must be 

completely extinguished with water 

before the river trip participants leave 

the area. All ash and charcoal must be 

removed from the park. 

(8) The following areas are closed to 

camping: 

(i) The banks of the Colorado River 

from the mouth of the Paria River to 

Navajo Bridge; 

(ii) Red Wall Cavern; 

(iii) The banks of the Colorado River 

from the Black Bridge to 0.25 miles 

below the mouth of Pipe Creek; 

(iv) The Elves Chasm drainage from 

Royal Arch to the Colorado River; 

(v) The Deer Creek drainage from Deer 

Creek Falls to the Colorado River; 

(vi) The Havasu Creek drainage from 

the boundary between the park and the 

Havasupai Indian reservation to the 

Colorado River; and 

(vii) Any other areas closed to 

camping by the Superintendent. 

(9) The Superintendent may 

temporarily limit, restrict, or terminate 

access to or use of areas after taking into 

consideration public health and safety, 

natural and cultural resource protection, 

and other management activities and 

objectives. 

* * * * * 

Will Shafroth, 

Acting Assistant Secretary, Fish and Wildlife 

and Parks. 

[FR Doc. E9–16482 Filed 7–10–09; 8:45 am] 

BILLING CODE 4312–ED–P 

POSTAL REGULATORY COMMISSION 

39 CFR Parts 3001 and 3004 

[Docket No. RM2009–6; Order No. 230] 

Freedom of Information Act 

Regulations 

AGENCY: Postal Regulatory Commission. 

ACTION: Proposed rulemaking. 

SUMMARY: The Commission is proposing 

to revise rules related to the Freedom of 

Information Act. The proposed revisions 

implement recent amendments, clarify 

the relationship of these rules to others, 

and make minor editorial and 

conforming changes. 

DATES: Initial comments due: August 12, 

2009; reply comments due August 27, 

2009. 

ADDRESSES: Submit comment 

electronically via the Commission’s 

Filing Online system at http:// 

www.prc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

II. Discussion of the Proposed Rules 

III. Section-by-Section Analysis of Changes 

IV. Public Representative 

V. Ordering Paragraphs 

I. Introduction 

The Postal Regulatory Commission 

(Commission) proposes to update its 

rules governing Freedom of Information 

Act (FOIA), 5 U.S.C. 552, requests. The 

Openness Promotes Effectiveness in our 

National Government Act of 2007, 

Public Law 110–175, 121 Stat. 2524 

(OPEN Government Act) was signed 

into law on December 31, 2007 and 

amends 5 U.S.C. 552. The amendments 

require an update to the Commission’s 

FOIA rules published in 39 CFR part 

3004. 

On January 21, 2009, President 

Obama issued a memorandum for the 

heads of all Federal agencies and 

departments directing a presumption of 

disclosure for all decisions involving 

FOIA.1 At the direction of the President, 

the Attorney General issued a 

memorandum for the heads of all 

Federal agencies and departments 

which instructs agencies to use ‘‘a 

presumption of openness’’ and take 

proactive steps to publicly post 

information online in advance of any 

request.2

As a result of amendments to 5 U.S.C. 

552, policy memoranda from the 

President and Attorney General, and 

changes to the regulatory framework 

and organization under the Postal 

Accountability and Enhancement Act 

(PAEA), Public Law 109–435, 120 Stat. 

3198 (2006), the Commission proposes 

to amend its FOIA rules in 39 CFR part 

3004. 

II. Discussion of the Proposed Rules 

The Commission proposes to 

implement the OPEN Government Act 

with modifications to its FOIA rules in 

39 CFR part 3004. First, the Commission 

adds proposed rule 3004.42, which 

provides each person making a FOIA 

request with a unique tracking number, 

and a mechanism to track the status of 

a FOIA request. Second, the 

Commission adds a paragraph to the 

section governing fees charged for 

requests. Proposed rule 3004.52(e) is 

added to reflect a change in the statute 

that does not allow an agency to collect 

fees if it fails to meet applicable time 

limits imposed by the statute. Third, the 

Commission adds proposed rule 

3004.60, which designates the Director 

mstockstill on DSKH9S0YB1PROD with PROPOSALS