[Federal Register Volume 64, Number 209 (Friday, October 29, 1999)]
[Proposed Rules]
[Pages 58368-58369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28219]
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DEPARTMENT OF AGRICULTURE
36 CFR Chapter II
Forest Service
Negotiated Rulemaking Advisory Committee; Fixed Anchors in
Wilderness
AGENCY: Forest Service.
ACTION: Notice of intent to establish.
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SUMMARY: The Secretary of Agriculture intends to establish an advisory
committee to develop recommendations for a proposed rulemaking for the
placement, use, and removal of fixed anchors used for recreational rock
climbing purposes in congressionally designated wilderness areas
administered by the Forest Service. This committee, called the Fixed
Anchors in Wilderness Negotiated Rulemaking Advisory Committee, will be
made up of individuals representing a broad cross section of interests
with a definable stake in the outcome of the proposed rule. The
Committee will be established in accordance with the provisions of the
Federal Advisory Committee Act and will be engaged in the process of a
negotiated rulemaking pursuant to the provisions of the Negotiated
Rulemaking Act.
DATES: Written comments in response to this notice and nominations for
membership must be postmarked not later than November 29, 1999.
ADDRESSES: Written comments or nominations should be sent to the
Director, Recreation, Heritage and Wilderness Resources Staff, Mail
Stop 1125, Forest Service, U.S. Department of Agriculture, P.O. Box
96090, Washington, DC 20090-6090. Comments may also be telefaxed to the
Director at (202) 205-1145 or sent by Internet (wo@fs.fed.us).
All comments received, including names and addresses where provided,
are available for public inspection and copying.
FOR FURTHER INFORMATION CONTACT: Jerry Stokes, Recreation, Heritage,
and Wilderness Resources, (202) 205-0956.
SUPPLEMENTARY INFORMATION:
Background
The Secretary of Agriculture is establishing a negotiated
rulemaking advisory committee to assist in the development of a
proposed rule regarding the placement, use, and removal of fixed
anchors used for recreational rock climbing purposes in congressionally
designated wilderness areas administered by the Forest Service. The
Department invites comment in response to this notice, especially on
whether the proposed composition and membership of the Fixed Anchors in
Wilderness Negotiated Rulemaking Advisory Committee (Committee)
provides sufficient representation of the broad cross section of
interests that would be significantly affected by rules governing fixed
anchors in wilderness.
Rock Climbing
Recreational rock climbing has occurred on National Forest System
lands for many years. The activity occurs within designated wilderness
areas as well as on nonwilderness lands administered by the Forest
Service. Rock climbers routinely use a piece of equipment known as a
``fixed anchor'' to assist them in their climb and to help them
navigate dangerous terrain with a modicum of safety. The safest, most
common, and most reliable type of fixed anchor is an ``expansion
bolt,'' which is a small steel bolt placed into a hole that has been
drilled into a rock. Frequently, a ``hanger'' is used by a climber to
link an expansion bolt to the rope or safety system.
Although fixed anchors can be removed, it is difficult and time
consuming to do so. As a result, many climbers leave their fixed
anchors in a rock even after the completion of their climb. Many rock
climbers argue that fixed anchors are an important and necessary device
which enables them to engage in a legitimate recreational activity that
predates an area's designation as wilderness. Many wilderness
enthusiasts, on the other hand, have asserted that fixed anchors are
``installations'' that are not necessary for the administration of a
wilderness area and, therefore, are prohibited by the express terms of
the Wilderness Act itself.
Fixed Anchors in Wilderness Negotiated Rulemaking
The Secretary has determined that the best way to resolve this
issue in the wilderness areas on National Forest System lands is to
proceed with a negotiated rulemaking pursuant to the Negotiated
Rulemaking Act, 5 U.S.C. 561 et seq. To carry out the rulemaking
process, an advisory committee is established which consists of an
agency representative and other parties representing a broad cross
section of the interests significantly affected by the rulemaking.
Through a series of meetings, the members of the advisory committee
negotiate in good faith and strive to reach consensus on
recommendations for a proposed rule.
As provided for in the Negotiated Rulemaking Act, the Forest
Service retained the services of a convener highly experienced in
negotiated rulemakings to determine whether such a process would be
useful to resolve the fixed-anchor issue. After speaking directly with
representatives of many of the parties that would be affected by a
fixed anchor in wilderness regulation, the convener issued a convening
report to the Forest Service on January 26, 1999, with a recommendation
to proceed with a negotiated rulemaking. Among other things, the report
noted that with respect to fixed anchors, the following criteria
established by the Negotiated Rulemaking Act were satisfied: (1) There
is a need for a rule; (2) there is a limited number of identifiable
interests that would be significantly affected by the rule; (3)
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there is a reasonable likelihood that a committee can be established
with a balanced representation of interested parties who would be
willing to negotiate in good faith to reach consensus; (4) there is a
reasonable likelihood that the committee would be able to reach
consensus; (5) the negotiated rulemaking procedure will not
unreasonably delay the promulgating of a fixed-anchor rule; (6) the
agency has adequate resources to finance the committee operations; and
(7) to the extent practicable, the agency will use the consensus of the
committee as the basis for a proposed rule.
Having considered the recommendations of the convener in the
January 26, 1999, report, the Secretary has decided that the
establishment of the committee is in the public interest in connection
with the Forest Service's responsibility to administer congressional
designated wilderness areas in accordance with the Wilderness Act. The
Committee meetings will serve as a forum in which committee members,
with input from other interested parties, can discuss issues involved
in regulating the use of fixed anchors for recreational climbing
purposes in wilderness areas administered by the Forest Service. The
Secretary believes that this process will enable the agency to develop
and promulgate effective regulations governing the use of these devices
within wilderness areas on National Forest System lands.
Key Issues To Be Considered for Negotiation
Among the issues that may be considered by the Committee during the
course of their deliberations are the following:
What type of rock climbing-related equipment should be
allowed in wilderness areas and under what circumstances;
What process should be used to decide whether the
insertion or removal of a fixed anchor should take place and who should
be party to the decision;
Who should be responsible for the insertion and removal of
fixed anchors; and
What is the impact on the Forest Service and the climbing
industry if the agency assumes an active role in regulating the use,
the insertion, and the removal of fixed anchors.
Proposed Committee Membership
The January 26, 1999, convening report identified the interest most
likely to be directly affected by a fixed anchor in wilderness
regulation as including the following: climbers, outfitters, education/
experience providers; environmental organizations, and conservation
organizations. The following parties have been identified as potential
participants on the Negotiated Rulemaking Committee: Access Fund;
American Alpine Club; American Mountain Guide Association; Idaho
Conservation League; National Outdoor Leadership School; National Parks
and Conservation Association; Outdoor Recreation Coalition of America;
Outward Bound; Recreation Equipment Incorporated; Sierra Club; Wild
Wilderness; Wilderness Society; Wilderness Watch; and Steve Wolper, an
active climber as well as an advocate for wilderness conservation. The
report also mentioned that Native Americans may have concerns about
fixed-anchor issues that are different from the concerns of the other
interests and, therefore, should be represented on the Committee.
The Forest Service representative, Larry Gadt, Director of Minerals
and Geology, will participate in the deliberations and activities of
the Committee with the same rights and responsibilities as other
Committee members. This official will be authorized to fully represent
the agency in the discussions and negotiations of the Committee. Three
other Federal land management agencies, the National Park Service, the
Bureau of Land Management, and the Fish and Wildlife Service, will have
representatives who will serve as consultants to the Forest Service to
provide their perspective on the issues. These Federal agencies will
not participate as members on the Committee.
The Forest Service will consider nominations for Committee
membership from organizations or interests that believe they may be
substantially affected by the subject of the negotiations. Each
application or nomination for membership or nomination to the Committee
should include: (1) The name, address, telephone number(s), and e-mail
address(s) of the nominee; (2) the organization the nominee will
represent; (3) written documentation from the organization providing
evidence that the applicant or nominee is authorized to represent that
organization or interest and participate in the negotiated rulemaking
process; (4) a promise from the nominee to participate in the
negotiated rulemaking proceedings in good faith, and (5) the reasons
that the interests or persons specified in this notice do not
adequately represent this applicant's interest.
It is not necessary that every concerned organization be
represented on the Committee as long as every significant interest is
represented. In addition, the Negotiated Rulemaking Act restrict the
total number of representatives on a committee to twenty-five (25).
Nonetheless, the Department will carefully consider any and all
nominations received from individuals or organizations not included on
the Proposed Committee Membership list.
Schedule of Meetings
After the 30-day comment period for this notice ends, the Forest
Service will review the comment received on establishment of the
committee and the nominations and provide the information to the
Secretary. Following appointment of members by the Secretary, the
agency will publish a notice announcing the names of the individuals
and the interests that represent and give notice of the first meeting's
location and time. The agency expects to hold three meetings, with each
meeting consisting of two to three 8-hour days for the committee to
negotiate the issues raised at the convening stage and other issues
relevant to the use of fixed anchors in wilderness. The first meeting
is to be held within 60 days of the establishment of the committee and
appointment of its membership. The meetings and their agendas will be
announced in the Federal Register. Administrative staff support for the
meetings will be provided by the Forest Service. Assuming that the
committee reaches consensus, the agency would attempt to publish a
proposed rule in the Federal Register reflecting that consensus within
six months following submission of the committee's report to the
Secretary.
Dated: October 20, 1999.
Sally Thompson,
Acting Assistant Secretary for Administration.
[FR Doc. 99-28219 Filed 10-28-99; 8:45 am]
BILLING CODE 3410-11-M
