[Federal Register Volume 62, Number 223 (Wednesday, November 19, 1997)]
[Rules and Regulations]
[Pages 61631-61633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30135]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 4
RIN 1024-AC63
Safety Belt Use Within the NPS System
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: The National Park Service (NPS) is amending its regulations
concerning seatbelt use within units of the NPS. Currently, the NPS has
regulations requiring seatbelt use by the operator and each front seat
passenger. On April 16, 1997, President Clinton signed Executive Order
13043 directing NPS and other Federal agencies to promulgate
regulations that require all occupants of motor vehicles to use safety
belts or child restraint devices at all times within units of the NPS
when the vehicle is in motion.
EFFECTIVE DATE: This rule becomes effective on December 19, 1997.
FOR FURTHER INFORMATION CONTACT: Dennis Burnett, Ranger Activities
Division, National Park Service, at (202) 208-4874.
SUPPLEMENTARY INFORMATION:
Background
NPS administers 375 areas throughout the country under the
statutory mandate to conserve the scenery, the natural and cultural
objects and the wildlife therein; and to provide for their enjoyment in
such manner as will leave them unimpaired for the enjoyment of future
generations. Although the nearly 300 million annual visitors to the
National Park System use a variety of access methods, the vast majority
rely on motor vehicles and roadways to reach park areas and to
circulate within them.
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Consequently, NPS is involved in road construction and maintenance,
traffic safety and traffic law enforcement.
NPS currently administers over 8,000 miles of roads within the
National Park System that are open to the public. These 8,000 miles
compare in magnitude to the State of Arizona's state road system,
except that they are scattered throughout the United States and its
territories. There is great variety in the nature and extent of park
roads, ranging from very short lengths of unpaved secondary roadways,
to well-developed road systems complete with spur roads, parking areas
and overlooks, to parkways running for hundreds of miles through
several States, to parkways used primarily as commuter routes in the
Washington, DC area. In addition, many park areas contain State and/or
county highways and roads over which the NPS may exercise varying
degrees of jurisdiction.
On December 13, 1989, the NPS promulgated a final rule (36 CFR
4.15) concerning the use of safety belts (54 FR 51199). That rule
requires the operator of a motor vehicle and each front seat passenger
to wear a safety belt at all times when the vehicle is in motion,
unless (1) the vehicle was not originally equipped by the manufacturer
with a safety belt or (2) the operator or front seat passenger has a
medical condition that prevents the use of a safety belt. The
regulation is applicable in park areas located within States that do
not have a mandatory seatbelt law in effect and can be enforced only
when another traffic violation had occurred. The regulation is
implemented primarily through signing, text in brochures and incidental
public contact.
Executive Order 13043, signed by President Clinton on April 16,
1997 (62 FR 19217, April 18, 1997), directed NPS to propose rules and
take other appropriate measures to further the use of safety belts in
the national parks. This initiative includes, but is not limited to,
conducting education, awareness and other appropriate programs about
the importance of wearing safety belts and the consequences of not
wearing them. In addition, NPS was directed to consider implementing
regulations to enhance safety belt use requirements and begin primary
enforcement of such requirements in park areas. The order also required
NPS to consider publicizing and actively enforcing such regulations.
Under the final rule as adopted after consideration of public comment,
each operator and passenger occupying any seating position of a motor
vehicle in a park area, whose seat is equipped with a seatbelt or child
restraint system, shall have the seatbelt or child restraint system
properly fastened at all times when the vehicle is in motion. Primary
enforcement means that a motor vehicle may be stopped and seatbelt
regulations enforced when the operator or any occupant is not wearing
their seatbelt. The rule would not require another traffic violation to
occur before the vehicle may be stopped. The seatbelt regulation in
this rulemaking is intended to apply in all NPS areas.
The President, the Department of the Interior and NPS strongly
support the use of appropriate restraint systems by all motor vehicle
occupants and view the potential reduction in personal injuries and
fatalities that may result from the promulgation of this regulation as
highly desirable. The benefits of wearing seatbelts have been
documented extensively.
Summary of Comments
During the public review period for the proposed regulation (62 FR
40317, July 28, 1997), two written comments were received. Both
commenters supported the regulation from a safety perspective, but had
other concerns about the proposed rule.
One commenter, who operates a tour bus equipped with seatbelts, was
concerned about the difficulty in getting passengers to buckle-up and
whether the driver would be responsible, and therefore liable, if
passengers do not buckle-up.
NPS believes that the responsibility of the bus driver is to
announce to all passengers that the use of seatbelts is required
whenever the bus is in motion. After that, it is the responsibility of
each passenger, and not the driver, to ensure that they keep their
seatbelts fastened. NPS does not intend this rule to be overly
cumbersome, but rather to encourage the use of seatbelts.
The other commenter had several points to address. First, the
commenter was concerned about the penalty for not using a seatbelt.
Under Title 36 of the Code of Federal Regulations (36 CFR), Sec. 1.3,
penalties for ``all'' violations of 36 CFR shall be punished as
provided by law, which means a fine up to $5,000, or by imprisonment
not exceeding 6 months, or both. This maximum penalty is in accordance
with the Criminal Fine Improvements Act of 1987 (18 U.S.C. 3571).
However, every unit of the NPS is located within a U.S. Judicial
District that has established fines for seatbelt and child restraint
regulations for that specific District. These fines range from $10 to
$100 Servicewide, depending on the Judicial District in which the park
is located. The most common fine is $50. These fines will not change
with the new regulation.
Second, the commenter was concerned that the seatbelt rule would
create confusion and a new layer of regulation in those States where
there is already a seatbelt rule in effect. The commenter requested
that the NPS post this new regulation at the entrance to all park
areas. NPS agrees with the comment that prior notice is best course of
action to ensure compliance with this regulation. NPS will therefore
encourage all park areas to post, or otherwise make this information
readily available to this visiting public. The commenter's concerns
about the additional layer of regulations is understandable, but E.O.
13043 is clear that the rule apply to all occupants of motor vehicles
in motion in all NPS units.
Drafting information: The primary author of this rule is Dennis
Burnett, Ranger Activities Division, National Park Service, Washington,
D.C. 20240.
Paperwork Reduction Act
This rulemaking does not contain collections of information
requiring approval by the Office of Management and Budget under the
Paperwork Reduction Act of 1995.
Compliance With Other Laws
This rule was not subject to Office of Management and Budget review
under Executive Order 12866. The Department of the Interior determined
that this document will not have a significant economic effect on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et. seq.). The economic effects of this rulemaking
are negligible.
NPS 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.
The Department has determined that this rule meets the applicable
standards provided in Section 3(a) and 3(b)(2) of Executive Order
12988.
This rule is not a major rule under the Congressional review
provisions of the Small Business Regulatory Enforcement Fairness Act (5
U.S.C. 8-4(2)).
The NPS has determined that this rulemaking will not have a
significant effect on the quality of the human environment, health and
safety because it is not expected to:
(a) Increase public use to the extent of compromising the nature
and character of the area or causing physical damage to it;
(b) Introduce incompatible uses which compromise the nature and
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characteristics of the area or cause physical damage to it;
(c) Conflict with adjacent ownership or land uses; or
(d) Cause a nuisance to adjacent owners or occupants.
Based on this determination, this rulemaking is categorically
excluded from the procedural requirements of the National Environmental
Policy Act (NEPA) by Departmental guidelines in 516 DM 6 (49 FR 21438).
As such, neither an Environmental Assessment nor an Environmental
Impact Statement has been prepared.
List of Subjects in 36 CFR Part 4
National parks, Traffic regulations.
In consideration of the foregoing, 36 CFR chapter I is amended as
follows:
PART 4--VEHICLES AND TRAFFIC SAFETY
1. The authority citation for Part 4 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 462(k).
2. Section 4.15 is revised to read as follows:
Sec. 4.15 Safety belts.
(a) Each operator and passenger occupying any seating position of a
motor vehicle in a park area will have the safety belt or child
restraint system properly fastened at all times when the vehicle is in
motion. The safety belt and child restraint system will conform to
applicable United States Department of Transportation standards.
(b) This section does not apply to an occupant in a seat that was
not originally equipped by the manufacturer with a safety belt nor does
it apply to a person who can demonstrate that a medical condition
prevents restraint by a safety belt or other occupant restraining
device.
Dated: November 6, 1997.
Donald J. Barry,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 97-30135 Filed 11-18-97; 8:45 am]
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