Colonial National Historical Park; Vessels and Commercial Passenger-Carrying Motor Vehicles

George Wallace
Department of the Interior
6 October 2020

[Federal Register Volume 85, Number 194 (Tuesday, October 6, 2020)]
[Proposed Rules]
[Pages 63062-63064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21756]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-COLO-29180; GPO Deposit Account 4311H2]
RIN 1024-AE39


Colonial National Historical Park; Vessels and Commercial 
Passenger-Carrying Motor Vehicles

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service proposes to amend the special 
regulations for Colonial National Historical Park. This proposed rule 
would remove a regulation that prevents the Superintendent from 
designating sites within the park for launching and landing private 
vessels. The proposed rule also would remove outdated permit and fee 
requirements for commercial passenger-carrying vehicles.

DATES: Comments on the proposed rule must be received by December 7, 
2020.

ADDRESSES: You may submit comments, identified by Regulation Identifier 
Number (RIN) 1024-AE39, by either of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
    (2) By hard copy: Mail or hand deliver to: Superintendent, Colonial 
National Historical Park, P.O. Box 210, Yorktown, VA 23690.
    Instructions: Comments will not be accepted by fax, email, or in 
any way other than those specified above. All submissions received must 
include the words ``National Park Service'' or ``NPS'' and must include 
the docket number or RIN 1024-AE39 for this rulemaking. Comments 
received may be posted without change to www.regulations.gov, including 
any personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Kym Hall, Superintendent, Colonial 
National Historical Park. Phone: (757) 898-2401; Email: 
kym_hall@nps.gov.

SUPPLEMENTARY INFORMATION:

Background

    Colonial National Historical Park is located along the James and 
York Rivers and encompasses the historic Jamestown Island, Colonial 
Parkway, and the Yorktown Battlefield. There are also small, inland 
parcels of the park located at Greenspring, Gloucester Point, and Fort 
Story. The park tells the story of the Colonial era from the origins of 
the occupancy of Jamestown Island in 1607 to the last major battle of 
the Revolutionary War at Yorktown in 1781. These two sites are 
connected by the Colonial Parkway which winds 23 miles through scenic 
forests, over waterways, along river banks, and under Colonial 
Williamsburg. Much of the park is surrounded by water and includes an 
extensive amount of shoreline. All of the waterways in the area are a 
part of the Captain John Smith Chesapeake National Historic Trail that 
overlays the entire Chesapeake Bay and a large portion of its navigable 
tributaries. The park and the national historic trail are both a part 
of the National Park System and go hand-in-hand in this area of 
Virginia.

Secretarial Priorities

    On February 24, 2017, President Trump issued Executive Order 13777, 
``Enforcing the Regulatory Reform Agenda.'' This Executive Order 
established a regulatory reform initiative to alleviate unnecessary 
regulatory burdens placed on the American people. As part of the 
Department of the Interior's approach for implementing this initiative, 
the NPS is reviewing its regulations in order to identify those that 
should be repealed, replaced, or modified. These include regulations 
that are outdated or unnecessary. The NPS has identified special 
regulations for the park addressing vessels and commercial passenger-
carrying vehicles as candidates for repeal, consistent with the 
direction given under Executive Order 13771.
    The proposed change in this document for launching and landing 
vessels is consistent with Secretary of the Interior Order 3366, 
``Increasing Recreational Opportunities on Lands and Waters Managed by 
the U.S. Department of the Interior.'' This Order directs the NPS to 
expand recreational opportunities on NPS-managed lands and waters.

Proposed Rule

Launching and Landing Vessels

    Since the park was established in the 1930s, the NPS has prohibited 
the launching or landing of watercraft, except in emergency situations. 
The current prohibition is codified at 36 CFR 7.1(a) which states that, 
except in emergencies, no privately owned vessel shall be launched from 
land within the park and no privately owned vessel

[[Page 63063]]

shall be beached or landed on land within the park. Consistent with the 
2003 Record of Decision for the Jamestown Project Development Concept 
Plan, the NPS has been exploring new opportunities for boating within 
the park. Local partners and members of the community have approached 
the NPS to discuss funding the construction of potential launch sites 
to better connect a variety of visitors to the shared history of the 
area. The NPS and its partners share an interest in establishing access 
to the James and York Rivers, and thus the Captain John Smith 
Chesapeake National Historic Trail, for water-based educational and 
recreational activities.
    In order to allow the NPS to pursue these management objectives, 
the special regulation at 36 CFR 7.1(a) must be removed. Without this 
park-specific prohibition, the launching and landing of vessels would 
be governed by NPS general regulations at 36 CFR 3.8(a)(2). This 
regulation prohibits the launching or recovering (i.e., retrieval) of a 
vessel, except at launch sites designated by the superintendent. Under 
this general regulation, the Superintendent may designate launch and 
retrieval sites within the park should the Superintendent determine 
that the use of those sites for boating activities is an appropriate 
public use. The Superintendent would provide notice to the public using 
the methods set forth in 36 CFR 1.7.

Commercial Passenger-Carrying Motor Vehicles

    The NPS also proposes to remove the special regulations for the 
park at 36 CFR 7.1(b). These regulations require a permit for the 
operation of commercial passenger-carrying motor vehicles within the 
park and establish a fee structure for obtaining the permits. For each 
seat carrying a passenger, an annual permit costs $3.50 and a quarterly 
permit costs $1. One-day permits are available for $1 (up to 5-
passenger vehicles) or $3 (over 5 passenger vehicles). 36 CFR 7.1(b)(1) 
through (4).
    The permit requirement is unnecessary because it is redundant with 
the NPS general regulation at 36 CFR 5.3, which requires a permit, 
contract, or other written agreement in order to engage in business 
operations within a park area. The NPS uses commercial use 
authorizations (CUAs) to authorize commercial passenger-carrying motor 
vehicles. A CUA is a type of permit that allows an individual, group, 
company, or other for-profit entity to conduct commercial activities 
and provide specific visitor services within a unit of the National 
Park System.
    The fee structure in 36 CFR 7.1(b) is over 30 years old. The NPS no 
longer charges those fees because they would not come close to 
offsetting the increasing administrative costs of managing commercial 
passenger-carrying vehicles within the park. Instead, the NPS charges 
an entrance fee for commercial passenger-carrying vehicles under 
section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 
6802) and CUA fees under section 418 of the National Park Service 
Concessions Management Improvement Act of 1998 (54 U.S.C. 101925).

Compliance With Other Laws, Executive Orders and Department Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. The OIRA has waived review of this 
proposed rule and, at the final rule stage, will make a separate 
decision as to whether the rule is a significant regulatory action as 
defined by Executive Order 12866.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory ends. 
The executive order directs agencies to consider regulatory approaches 
that reduce burdens and maintain flexibility and freedom of choice for 
the public where these approaches are relevant, feasible, and 
consistent with regulatory objectives. Executive Order 13563 emphasizes 
further that regulations must be based on the best available science 
and that the rulemaking process must allow for public participation and 
an open exchange of ideas. The NPS has developed this rule in a manner 
consistent with these requirements.

Reducing Regulation and Controlling Regulatory Costs (Executive Order 
13771)

    This rulemaking is not an E.O. 13771 (``Reducing Regulation and 
Controlling Regulatory Costs'') (82 FR 9339, February 3, 2017) 
regulatory action because this rulemaking is not significant under E.O. 
12866.

Regulatory Flexibility Act

    This rulemaking will not have a significant economic effect on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). This certification is based on information 
contained in the economic analyses found in the report entitled ``Draft 
Cost-Benefit and Regulatory Flexibility Threshold Analyses: Proposed 
Regulations for Vessels and Commercial Passenger-Carrying Motor 
Vehicles at Colonial National Historical Park.'' The document may be 
viewed at www.regulations.gov by searching for ``1024-AE39.''

Small Business Regulatory Enforcement Fairness Act

    This rulemaking is not a major rule under 5 U.S.C. 804(2). This 
rulemaking:
    (a) Does not have an annual effect on the economy of $100 million 
or more.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

    This rulemaking does not impose an unfunded mandate on State, 
local, or tribal governments or the private sector of more than $100 
million per year. The rulemaking does not have a significant or unique 
effect on State, local or tribal governments or the private sector. It 
addresses public use of national park lands, and imposes no 
requirements on other agencies or governments. A statement containing 
the information required by the Unfunded Mandates Reform Act (2 U.S.C. 
1531 et seq.) is not required.

Takings (Executive Order 12630)

    This rulemaking does not effect a taking of private property or 
otherwise have takings implications under Executive Order 12630. A 
takings implication assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, the 
rulemaking does not have sufficient federalism implications to warrant 
the preparation of a Federalism summary impact statement. This 
rulemaking only affects use of federally-administered lands and waters. 
It has no outside effects on other areas. A Federalism summary impact 
statement is not required.

[[Page 63064]]

Civil Justice Reform (Executive Order 12988)

    This rulemaking complies with the requirements of Executive Order 
12988. This rulemaking:
    (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 and Department 
Policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian tribes and recognition of their 
right to self-governance and tribal sovereignty. The NPS has evaluated 
this rulemaking under the criteria in Executive Order 13175 and under 
the Department's tribal consultation policy and have determined that 
tribal consultation is not required because the proposed rule will have 
no substantial direct effect on federally recognized Indian tribes. The 
NPS will consult with federally recognized tribes if and when launching 
and landing sites for vessels are designated.

Paperwork Reduction Act

    This rulemaking does not contain information collection 
requirements, and a submission to the Office of Management and Budget 
under the Paperwork Reduction Act is not required. The NPS may not 
conduct or sponsor and you are not required to respond to a collection 
of information unless it displays a currently valid OMB control number.

National Environmental Policy Act

    This rulemaking does not constitute a major Federal action 
significantly affecting the quality of the human environment. A 
detailed statement under the National Environmental Policy Act of 1969 
(NEPA) is not required because the rulemaking is covered by a 
categorical exclusion. The NPS has determined the rule is categorically 
excluded under 43 CFR 46.210(i). The environmental effects of removing 
36 CFR 7.1(a) are too broad, speculative, or conjectural to lend 
themselves to meaningful analysis. Decisions to construct and designate 
launching and landing sites will later be subject to the NEPA process, 
either collectively or case-by-case. The nature of the proposal to 
remove 36 CFR 7.1(b) is administrative, financial and legal. The NPS 
has determined the rulemaking does not involve any of the extraordinary 
circumstances listed in 43 CFR 46.215 that would require further 
analysis under NEPA.

Effects on the Energy Supply (Executive Order 13211)

    This rulemaking is not a significant energy action under the 
definition in Executive Order 13211. A Statement of Energy Effects in 
not required.

List of Subjects in 36 CFR Part 7

    District of Columbia, National parks, Reporting and Recordkeeping 
requirements.

    In consideration of the foregoing, the National Park Service 
proposes to amend 36 CFR part 7 as set forth below:

PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

0
1. The authority citation for part 7 continues to read as follows:

    Authority: 54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also 
issued under DC Code 10-137 and DC Code 50-2201.07.


Sec.  7.1  [Removed and Reserved]

0
2. Remove and reserve Sec.  7.1.

George Wallace,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2020-21756 Filed 10-5-20; 8:45 am]
BILLING CODE 4312-52-P