[Federal Register Volume 75, Number 130 (Thursday, July 8, 2010)]
[Rules and Regulations]
[Pages 39168-39170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16600]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AD79
Special Regulations; Areas of the National Park System
AGENCY: National Park Service.
ACTION: Final Rule.
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SUMMARY: The National Park Service (NPS) is removing the regulation
that closed the Harry S Truman Home to all public use until June 1,
2010. The closure was necessary because of serious health and safety
hazards to visitors during the repair and restoration work and the
potential for damage to irreplaceable artifacts. Closure could not be
avoided without compromising the quality and cost of renovation of the
Truman Home. It was necessary to become effective upon publication to
allow major repair and restoration activities scheduled to proceed. The
projects have been completed and the Truman Home has been reopened as
scheduled.
DATES: Effective Date: July 8, 2010.
FOR FURTHER INFORMATION CONTACT: Superintendent Larry Villalva, at
Harry S Truman National Historic Site. Telephone 816-254-2720.
SUPPLEMENTARY INFORMATION:
Background
The projects to repair and restore the Truman Home are part of the
National Park Service Centennial Initiative, which was introduced in
May 2007. The initiative is a nine year plan to improve facilities and
services in the National Park Service for the 100th anniversary of the
agency in 2016. One of the main goals is stewardship of natural and
cultural resources in our National Parks, including rehabilitation,
restoration and maintenance of treasured cultural resources such as the
Truman Home. The home is a Victorian-style mansion which was built in
1867 and became part of the National Park System in 1983. It served as
the residence of Harry S Truman, 33rd President of the United States
from 1919 until his death in 1972.
During the closure, we completed four projects: installation of a
new HVAC system, installation of a fire suppression system, repair of
structural deficiencies, and rehabilitation of walls, ceilings and
historic wall covering materials. Before these construction projects,
we removed and stored the historic furnishings to protect them from
accidental damage from fine dust caused by construction activities.
We removed historic wallpaper from the dining room and upstairs
bedroom areas for cleaning, repairing, and reinstallation by a paper
conservator. Plaster located in many areas throughout the home failed
as a result of deterioration and exposure to moisture which caused
ceilings to buckle, and walls to either bulge or crack.
The existing HVAC system installed in 1985 failed to maintain a
stable environment in the Truman Home. This compromised the longevity
of not only the home's infrastructure, but also the thousands of
artifacts on exhibit and in storage within the home. We installed three
HVAC units to stabilize the interior environment. Since the project
required removal of flooring on the second floor and attic to install
ductwork, we used the opportunity for access to the floor cavities to
install a fire suppression system.
Administrative Procedure Act
The temporary closure of the Truman Home to visitors ended on June
1, 2010, making it possible for the public to again visit this historic
property (36 CFR 7.94; 70 FR 51239). The regulation is no longer
necessary and should be removed. Since accepting public comment on this
rule would be unnecessary and contrary to the public interest, we find
under the Administrative Procedure Act that it is not necessary to
publish a proposed rule. For the same reasons, we find that the rule
can become effective immediately under the criteria in the
Administrative Procedure Act.
Regulatory Planning and Review (Executive Order 12866)
This document is not a significant rule and the Office of
Management and Budget has not reviewed this rule under Executive Order
12866. We have made the assessments required by E.O. 12866 and the
results are given below.
(1) This rule will not have an effect of $100 million or more on
the economy. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities. The area restricted through the rulemaking was closed only
during the Truman Home repair, preservation and protection construction
activities stabilizing the structure, replacing the HVAC systems and
adding a fire suppression system, and is now safe for access by the
public.
(2) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by
[[Page 39169]]
another agency. The closure was confined to one building located within
a unit of the National Park System, which is neither managed nor
occupied by any other 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. The rule was confined to the closure for public
safety and protection of the historic resource, does not regulate any
financial programs or matters and is being removed.
(4) This rule does not raise novel legal or policy issues. Closure
of a historic structure for restoration is a normal procedure for
assuring public safety, minimizing interruption of the restoration
process, and protection of the building and contents while construction
is ongoing, and the needed restoration has been accomplished.
Regulatory Flexibility Act
The Department of the Interior certifies 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 rule are local in nature and negligible in
scope. The primary purpose of this rule is to close the Truman Home
during preparation and completion of necessary construction activities.
Removal of the restriction is necessary in order to allow public access
once again.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
a. Does not have an annual effect on the economy of $100 million or
more. This rule will allow the public to visit the interior of the
Truman Home during the closure.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, federal, state, or local government
agencies, or geographic regions. There were no costs associated with
the removal of this section of the CFR.
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. The
primary purpose of the interim rule was to implement a closure to allow
necessary construction activities to proceed safely and efficiently in
order to carry out the protection and preservation of the Truman Home
structure. This rule will not change the ability of United States based
enterprises to compete in any way.
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. The rule does not have a significant or unique effect on State,
local or tribal governments or the private sector. The restrictions
under this regulation do not have a significant effect or impose an
unfunded mandate on any agency or on the private sector. This rule
applies only to federal parkland administered by the National Park
Service at Truman Home, and no costs will be incurred by any non-
federal parties.
Takings (Executive Order 12630)
Under the criteria in Executive Order 12630, this rule does not
have significant takings implications. This rule does not apply to
private property, or cause a compensable taking, so there are no
takings implications.
Federalism (Executive Order 13132)
In accordance with Executive Order 13132, the rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment. This regulation will not have a substantial
direct effect on the states, or on the distribution of power and
responsibilities among the various levels of government. The rule
addresses public access to the Truman Home structure at Harry S Truman
National Monument. The affected land is under the administrative
jurisdiction of the National Park Service.
Civil Justice Reform (Executive Order 12988)
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule:
(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
National Environmental Policy Act
The Handbook for NPS Director's Order 12 contains a listing of
Categorical Exclusions. Section 3.4 D(2) of the Director's Order 12
Handbook provides that ``minor changes in programs and regulations
pertaining to visitor activities'' may be categorically excluded under
NEPA. The revision will have no effect on use, adjacent land ownerships
or land uses, or adjacent owners or occupants. Visitor access has
already resumed, and the only effect of this rule is to remove an
obsolete regulation. Completion of the environmental screening form
shows that the adoption of this regulation to remove the closure of the
Truman house would result in no measurable adverse environmental
effects.
We have also determined that the rule does not involve any of the
extraordinary circumstances listed in 43 CFR 46.215 that would require
further analysis under the National Environmental Policy Act. As such,
a categorical exclusion is the appropriate form of NEPA compliance for
this regulatory action.
Government-to-Government Relationship With Tribes
Under the criteria in Executive Order 13175, we have evaluated this
rule and determined that it has no potential effects on federally
recognized Indian tribes. This interim rule is temporary, is limited to
the closure of the Truman house, does not affect any other area of the
park, and does not involve items or interests of federally recognized
Indian tribes.
Information Quality Act
In developing this rule we did not conduct or use a study,
experiment, or survey requiring peer review under the Information
Quality Act (Pub. L. 106-554).
Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects is not
required.
Drafting Information
The following persons participated in the writing of this
regulation: Larry Villalva, Superintendent, Harry S Truman National
Historic Site, Carol Dage, Curator, Harry S Truman National Historic
Site, James Loach, Associate Regional Director, Midwest Regional
Office, Omaha, Nebraska; and Philip A. Selleck, Chief, Regulations and
Special Park Uses, Washington, DC.
List of Subjects in 36 CFR Part 7
District of Columbia, National Parks, Reporting and recordkeeping
requirements.
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For the reasons stated in the preamble, the National Park Service
amends 36 CFR part 7 as follows:
[[Page 39170]]
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
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1. The authority 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).
Sec. 7.94 [Removed and reserved]
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2. Remove and reserve Sec. 7.94.
Dated: June 29, 2010.
Will Shafroth,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2010-16600 Filed 7-7-10; 8:45 am]
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