[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Proposed Rules]
[Pages 69785-69788]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28018]


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THE PRESIDIO TRUST

36 CFR Part 1002


Public Use Limit on Commercial Dog Walking; Revised Disposal 
Conditions

AGENCY: The Presidio Trust.

ACTION: Proposed rule and request for comments.

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SUMMARY: The Presidio Trust (Trust) is proposing a public use limit on 
persons who are walking four or more dogs at one time in Area B of the 
Presidio of San Francisco (Presidio) for consideration (Commercial Dog 
Walkers). The limit will require any person walking four or more dogs 
at one time for consideration in Area B to possess a valid Commercial 
Dog Walking permit obtained from the City and County of San Francisco 
(City). Commercial Dog Walkers with four or more dogs at one time in 
Area B will be required to comply with the terms and

[[Page 69786]]

conditions of the City permit as well as those rules and regulations 
otherwise applicable to Area B of the Presidio. The Trust is also 
proposing that throughout Area B, all pet walkers, whether or not for 
consideration, shall remove pet excrement and deposit it in refuse 
containers. The Trust invites comments on the proposals.

DATES: Public comment will be accepted through January 25, 2013.

ADDRESSES: Electronic comments may be sent to jpelka@presidiotrust.gov. 
Written comments may be mailed or hand delivered to John Pelka, The 
Presidio Trust, 103 Montgomery Street, P.O. Box 29052, San Francisco, 
CA 94129. All written comments submitted to the Trust will be 
considered, and these proposals may be modified accordingly. The final 
decision of the Trust will be published in the Federal Register.
    Public Availability of Comments: If individuals submitting comments 
request that their address or other contact information be withheld 
from public disclosure, it will be honored to the extent allowable by 
law. Such requests must be stated prominently at the beginning of the 
comments. The Trust will make available for public inspection all 
submissions from organizations or businesses and from persons 
identifying themselves as representatives or officials of organizations 
and businesses.
    Anonymous comments may not be considered.

FOR FURTHER INFORMATION CONTACT: Joshua Steinberger, 415.561.5300.

SUPPLEMENTARY INFORMATION: In addition to a community of 8,000 people 
who live, work, or attend school in the Presidio, many visitors use the 
park daily for an array of recreational, educational, cultural and 
stewardship activities. The Trust's responsibilities for Area B include 
the avoidance of conflicts among the many different users of the 
Presidio, equitable allocation and use of facilities, ensuring public 
safety, and protecting resources. A public use limit in Area B that is 
based upon the possession of a valid City permit, which sets basic 
insurance, training, and safety standards and limits the number of dogs 
a Commercial Dog Walker may walk at once in City parks and other 
designated areas, will assist in implementing these responsibilities, 
as will a requirement throughout Area B that pet excrement be removed 
and deposited in refuse containers.

1. Limitation on Walking Dogs for Consideration

    Administrative jurisdiction over the former U.S. Army base known as 
the Presidio of San Francisco is divided between the Trust and the 
National Park Service (NPS). The Trust oversees the interior 1100 
acres, Area B, and the NPS oversees 300 acres along the waterfront, 
Area A, of the national park site. Under 36 CFR 1001.5, the Presidio 
Trust Board of Directors (Board) may impose reasonable public use 
limits in Area B, given a determination that such action is necessary 
to maintain public health and safety, to protect environmental or 
scenic values, to protect natural or cultural resources, or to avoid 
conflict among visitor use activities.
    According to the City, approximately 110,000 households in San 
Francisco own dogs, and an estimated one-third of these households 
employ the services of dog walkers to care for and exercise their dogs. 
There are 70 dog walkers or dog walking services on the City Animal 
Care and Control Department's dog walking and professional services 
referral list, and there also may be dog walkers who provide their 
services for consideration but do not have a business license and are 
unlisted. Although the Trust does not maintain official statistics on 
the use of the Presidio by dog walking businesses, Trust staff 
frequently observe and receive reports of dog walkers with four or more 
dogs in a number of areas in Area B, in particular along the corridor 
adjoining West Pacific Avenue from the Broadway Gate to the 14th Avenue 
Gate, as well as the areas east of the Ecology Trail in the Tennessee 
Hollow Watershed. By both direct observation and through reports from 
the public, the Trust is aware that dogs brought into the Presidio in 
these numbers have been responsible for damage to resources, threats to 
public safety, and visitor conflict.
    The City recently adopted an ordinance to license and to regulate 
dog walkers who conduct their business in a multitude of areas within 
the boundaries of the City and may begin enforcing the ordinance as 
early as January 1, 2013. San Francisco Health Code Article 39: 
Commercial Dog Walking. The City permit requirement applies to any 
person walking four or more dogs at any one time, for some sort of 
payment on City park property (broadly defined to include, among other 
areas, all grounds and other property under the management of the 
Recreation and Park Commission) as well as certain open spaces, certain 
properties under the jurisdiction of the San Francisco Port Commission, 
and designated properties under control of the Public Utilities 
Commission (PUC). Under Article 39, among other requirements Commercial 
Dog Walkers must be trained or meet minimum experience requirements, be 
free of convictions related to animal cruelty within the previous five 
years, carry $1 million in general liability insurance, provide 
sufficient drinking water for the dogs in their charge, transport dogs 
in a safe manner, and have proper dog walking safety equipment as 
specified by the City's Director of Public Works.
    The Trust currently does not impose restrictions specific to 
Commercial Dog Walkers in Area B. Given the extremely broad 
geographical reach (parks, open spaces, Port lands, and PUC properties) 
of the City's ordinance, the Trust reasonably anticipates a certain 
number of Commercial Dog Walkers who would otherwise fall under the 
City's ordinance will walk their dogs in Area B in order to avoid the 
permit fees, requirements, and limit on the number of dogs they may 
walk on City lands covered by the ordinance. This is particularly to be 
expected because the NPS is also considering restrictions on commercial 
dog walking in Area A of the Presidio. This increase in dogs in Area B 
will inevitably affect the use and enjoyment of the Presidio by other 
users, will increase damages to resources, and will increase the cost 
of park maintenance and operations. The Trust must provide for the safe 
enjoyment of all park users, protect resources, and control its 
operations and maintenance costs, and is therefore undertaking this 
public use limit in response to the changing circumstances in the 
surrounding area.
    The Trust believes that no less restrictive measures are reasonably 
available to the Trust that would achieve the same results--that is, 
appropriate behavior to the benefit of other dog walkers and other park 
users, the protection of natural and cultural resources, and the 
reduction of expenditures for maintenance that would otherwise be 
necessitated by unlimited use by Commercial Dog Walkers. Nor could any 
such less restrictive measures, even if they were to exist, take 
advantage of the substantial amount of feedback from diverse 
constituencies that went into drafting and refining the City's 
ordinance. Honoring the City's existing permitting system is less 
restrictive than creating a new system because it avoids imposing 
additional administrative and financial burdens on Commercial Dog 
Walkers.

[[Page 69787]]

    Commercial Dog Walkers with four or more dogs at one time in Area B 
will be subject to the terms and conditions of the City permits, 
including the maximum number of dogs allowed at one time. A Commercial 
Dog Walker will be obliged to carry his or her permit while walking 
four or more dogs at one time and to produce the permit for inspection 
upon request by an officer with law enforcement authority in Area B. 
Anyone violating the limitation could face punishment as provided by 
law.
    The limitation would go into effect following the operative date of 
the City's Commercial Dog Walking ordinance. Prior to implementation, 
the Trust will conduct a public outreach and education campaign to 
alert Commercial Dog Walkers and others about the use limitation. The 
Trust will also post signs and provide handouts to notify park users of 
the restriction in areas where dog walking is a high-use activity.
    In its draft Dog Management Plan/Environmental Impact Statement 
(EIS), which is currently being supplemented, the NPS has proposed a 
permitting system for commercial and private dog walkers who walk four 
or more dogs at one time in the Golden Gate National Recreation Area 
(GGNRA). Draft EIS Appendix F: Special Use Permit. The NPS permitting 
system will not be implemented until a rulemaking process is completed 
and a comprehensive special regulation for dog walking at GGNRA is 
adopted. Upon the completion of the NPS rulemaking, the Trust may amend 
its own use limitation for Commercial Dog Walkers to recognize GGNRA 
permits as valid within Area B among other permits, to accept GGNRA 
permits exclusively, or otherwise in response to new circumstances.
    In fulfilling its responsibilities and exercising its independent 
jurisdiction under the Presidio Trust Act, 16 U.S.C. 460bb appendix, 
the Trust intends to monitor closely the City's implementation of its 
ordinance and permit system. The Trust intends to evaluate periodically 
whether honoring Commercial Dog Walker permits issued by the City 
continues to serve the purpose of avoiding conflict among visitor uses 
and enhancing health and safety and resource protection, and the Trust 
will take action to revise its regulations in this regard should 
changes be appropriate. Although the Trust will honor City-issued 
permits, the Trust retains its independent authority to define the 
requirements for Commercial Dog Walkers within Area B of the Presidio.

2. Requirement To Remove Pet Excrement

    Under 36 CFR 1002.15(a)(5), the Board may establish pet excrement 
disposal conditions. The Trust is proposing a rule amendment that will 
require all persons controlling pets to remove pet excrement and 
deposit it in a refuse container. This rule will apply to all 
individuals whether or not they are engaged in commercial activities or 
meet the definition of Commercial Dog Walker under the City ordinance 
and permit system.
    The Trust's Interim Compendium currently requires pet excrement to 
be removed only in areas designated by appropriate signage. Pet 
excrement is a recognized health hazard, may deface or damage cultural 
and natural resources, and is widely considered to be a deterrent to 
use of park facilities. The Trust sees no benefit in limiting the 
removal requirement to specific areas in which signs are posted and 
believes that its stewardship responsibilities would be best served by 
extending the removal requirement to the entirety of Area B. 
Accordingly, in order to avoid conflict among visitor uses, and enhance 
health and safety and resource protection, the Trust is proposing this 
rule.
    Regulatory Impact: The proposed amendments will not have an annual 
effect of $100 million or more on the economy nor adversely affect 
productivity, competition, jobs, prices, the environment, public health 
or safety, or State or local governments. The proposed rule will not 
interfere with an action taken or planned by another agency or raise 
new legal or policy issues. In short, little or no effect on the 
national economy will result from adoption of the proposed rule. 
Because the proposed rule is not ``economically significant,'' they are 
not subject to review by the Office of Management and Budget under 
Executive Order 12866 or Executive Order 13536. The proposed rule is 
not a ``major rule'' under the Congressional review provisions of the 
Small Business Regulatory Enforcement Fairness Act, 5 U.S.C. 801 et 
seq.
    The Trust has determined and certifies pursuant to the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq., that the proposed rule will not 
have a significant economic effect on a substantial number of small 
entities.
    The Trust has determined and certifies pursuant to the Unfunded 
Mandates Reform Act, 2 U.S.C. 1502 et seq., that this rule will not 
impose a cost of $100 million or more in any given year on local, 
State, or tribal governments or private entities.
    Environmental Impact: The Trust's National Environmental Policy Act 
(NEPA) Regulations contain categories of actions that do not require an 
environmental assessment or environmental impact statement. 36 CFR part 
1010. 36 CFR 1010.7(a)(31) provides that ``minor changes in programs 
and regulations pertaining to visitor activities'' may be categorically 
excluded under the NEPA. The proposed rule will improve visitor and dog 
safety and protect resources in Area B. However, dog walking use in 
Area A could slightly increase as those who walk dogs for 
consideration, despite the additional travel time and fees for parking, 
may take their dogs to walk in Crissy Field or other areas where 
permits are not currently required by the NPS. Any environmental impact 
will be short-term, however, until such time as the NPS permit 
provisions for dog walkers in Area A are in place. No extraordinary 
circumstances as listed in Sec.  1010.7(b) are involved that may have a 
significant environmental effect. Therefore, the regulatory actions are 
categorically excluded from further NEPA review. The Trust has prepared 
a Project Screening Form to determine that the regulatory actions will 
have no significant effect on the environment, which is part of the 
administrative record on this matter. The Project Screening Form is 
available for public inspection at the offices of the Presidio Trust, 
103 Montgomery Street, The Presidio, San Francisco, CA 94129, between 
the hours of 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.
    Other Authorities: The Trust has drafted and reviewed the proposed 
rule in light of Executive Order 12988 and has determined that they 
meet the applicable standards provided in secs. 3(a) and (b) of that 
Order.

List of Subjects in 36 CFR Part 1002

    National parks, Natural resources, Public lands, Recreation and 
recreation areas.

    For the reasons set forth in the preamble, part 1002 of Title 36 of 
the Code of Federal Regulations is proposed to be amended as set forth 
below:

 PART 1002--RESOURCE PROTECTION, PUBLIC USE AND RECREATION

    1. The authority citation for part 1002 continues to read as 
follows:

    Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb 
note).

    2. In Sec.  1002.15, revise paragraph (a)(5) and add paragraph (f) 
to read as follows:

[[Page 69788]]

Sec.  1002.15  Pets.

    (a) * * *
    (5) In all areas of the Presidio administered by the Presidio 
Trust, pet excrement shall be removed and deposited in a refuse 
container by the person(s) controlling the pet(s).
* * * * *
    (f) The walking of four or more dogs at one time by any one person 
for consideration is prohibited within the area administered by the 
Presidio Trust unless:
    (1) That person has been issued a currently valid permit under 
Article 39 of the San Francisco Health Code.
    (2) The walking of four or more dogs is done pursuant to the terms 
and conditions of that permit as well as in compliance with all laws 
and regulations in effect in the area administered by the Presidio 
Trust; and
    (3) The permit is produced for inspection upon request by an 
officer with law enforcement authority in the area administered by the 
Presidio Trust.

    Dated: November 13, 2012.
Karen A. Cook,
General Counsel.
[FR Doc. 2012-28018 Filed 11-20-12; 8:45 am]
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