[Federal Register Volume 75, Number 38 (Friday, February 26, 2010)]
[Rules and Regulations]
[Pages 8806-8807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3337]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[Docket No. E8-27047J]
RIN 1024-AD71
Special Regulation: Areas of the National Park System, National
Capital Region; Correction
AGENCY: National Park Service, Interior.
ACTION: Correcting amendments.
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SUMMARY: The National Park Service (NPS) published the final rule
governing viewing of the Inaugural Parade by the Presidential Inaugural
Committee in the Federal Register on November 17, 2008. That document
inadvertently left out text that was intended to be retained from the
previous regulation. That document also retained a paragraph that
should have been removed. This document makes correcting amendments
restoring the missing text to the appropriate paragraph, and removing
the unnecessary paragraph.
DATES: Effective Date: February 26, 2010.
FOR FURTHER INFORMATION CONTACT: National Park Service, Regional
Director of the National Capital Region, 1100 Ohio Drive, SW., Room
336, Washington, DC 20242.
SUPPLEMENTARY INFORMATION:
On November 17, 2008 (73 FR 67739), the National Park Service
published a final rule to revise the special regulations for the
National Capital Parks in Washington, DC. The purposes of the revision
were to: (1) Clarify the regulations on issuance of permits for events
in National Capital Parks, (2) respond to a decision of the U.S.
District Court for the District of Columbia related to practice and
procedure of permit application processing for the Presidential
Inaugural Committee, and (3) provide more public access to park areas
along the inaugural parade route. The paragraph revised was entitled
``Permit processing''.
Through a formatting error, the portion of the paragraph that
notified the public of conditions under which a permit could be denied
was omitted. That same formatting error resulted in a duplicate
paragraph. Paragraph (g)(5)(iv) was revised and redesignated
(g)(4)(vi), but the old paragraph (g)(5)(iv) was retained in error.
This correction restores the omitted language, unchanged in wording or
content, to the paragraph on permit processing, removes the old
duplicate paragraph, and redesignates the sections after it to restore
correct numbering.
Need for Correction
As published and codified, the regulation omitted important
information that the public needs in order to plan a demonstration in a
time, place, and manner that will increase the chances of approval of
the permit by the National Park Service. It also contained a duplicate
paragraph that could cause confusion in interpretation of the
regulation.
List of Subjects in 36 CFR Part 7
District of Columbia, National parks, Reporting and recordkeeping
requirements.
0
In consideration of the reasons stated in the preamble, the National
Park Service makes the following correcting amendments to 36 CFR part
7:
[[Page 8807]]
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
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1. The authority citation for Part 7 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec. 7.96 also issued
under D.C. Code 10-137(2001) and D.C. Code 50-2201 (2001).
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2. In section 7.96:
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a. Add paragraph (g)(4)(vii);
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b. Remove paragraph (g)(5)(iv); and
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c. Redesignate paragraphs (g)(5)(v) through (g)(5)(xiv) as paragraphs
(g)(5)(iv) through (g)(5)(xiii), respectively.
The addition reads as follows:
Sec. 7.96 National Capital Region.
* * * * *
(g) * * *
(4) * * *
(vii) A permit may be denied in writing by the Regional Director
upon the following grounds:
(A) A fully executed prior application for the same time and place
has been received, and a permit has been or will be granted authorizing
activities which do not reasonably permit multiple occupancy of the
particular area; in that event, an alternate site, if available for the
activity, will be proposed by the Regional Director to the applicant.
(B) It reasonably appears that the proposed demonstration or
special event will present a clear and present danger to the public
safety, good order, or health.
(C) The proposed demonstration or special event is of such a nature
or duration that it cannot reasonably be accommodated in the particular
area applied for; in that event, the Regional Director shall propose an
alternate site to the applicant, if available for the activity; in this
connection, the Regional Director shall reasonably take into account
possible damage to the park, including trees, shrubbery, other
plantings, park installations and statues.
(D) The application proposes activities contrary to any of the
provisions of this section or other applicable law or regulation.
* * * * *
Dated: January 20, 2010.
Thomas L. Strickland,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2010-3337 Filed 2-25-10; 8:45 am]
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