[Federal Register Volume 62, Number 219 (Thursday, November 13, 1997)]
[Proposed Rules]
[Pages 60815-60817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29776]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AC62
Delaware Water Gap National Recreation Area; Designation of
Bicycle Routes; Deletion of Climbing Registration Regulation
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The National Park Service (NPS) is proposing to amend its
special regulations to designate certain routes within a nondeveloped
area as open for bicycle use and to regulate their use in this area and
to delete the regulation concerning the mandatory registration of
technical rock climbing activities at Delaware Water Gap National
Recreation Area. Bicycle use has been determined by the Superintendent
to be a desirable recreational use within the Blue Mountain Lakes area
of the park because such use is consistent with the protection of the
park's natural, scenic and aesthetic values, safety considerations and
management objectives and will not disturb wildlife or park resources.
The requirement to register for climbing activities was originally
intended to promote climbing safety, provide information concerning the
location and difficulty of routes and provide climbers with procedures
to follow in the event of an emergency. However, the registration
system has not been effective and the NPS believes that a better course
of action will be to promote self-responsibility within the climbing
community. Many NPS areas with significant rock climbing activities do
not require technical climbing registration. The deletion of this
regulation will also remove an unnecessary administrative burden for
both the climbing community and the NPS.
DATES: Written comments will be accepted until January 12, 1998.
ADDRESSES: Comments should be addressed to: Superintendent, Delaware
Water Gap National Recreation Area, Bushkill, Pennsylvania, 18324.
FOR FURTHER INFORMATION CONTACT: Wayne Valentine, Kittatinny
Subdistrict Ranger, Delaware Water Gap National Recreation Area.
Telephone 908-841-9533.
SUPPLEMENTARY INFORMATION:
Background
Bicycle Routes
This proposed rule will designate certain trails and former roads
for bicycle use in the Blue Mountain Lakes area of the park. This area
was originally intended for a housing development associated with the
proposed Tocks Island Dam prior to the establishment of Delaware Water
Gap National Recreation Area in 1965.
On April 2, 1987, the NPS published revised regulations in the
Federal Register amending 36 CFR part 4 which, among other regulations,
states that ``(T)he use of a bicycle is prohibited except on park
roads, in parking areas and on routes designated for bicycle use'' (52
FR 10670). This regulation, found at 36 CFR 4.30, requires that such
designation be made only after ``a written determination that such use
is consistent with the protection of a park area's natural, scenic and
aesthetic values, safety considerations and management objectives and
will not disturb wildlife or park resources'' (36 CFR 4.30(a)). This
regulation further requires that, ``except for routes
[[Page 60816]]
designated in developed areas and special use zones, routes designated
for bicycle use shall be promulgated as special regulations'' (36 CFR
4.30(b)).
The trails and former roads in the Blue Mountain Lakes area of the
park are proposed for designation as open to bicycle use. These trails
will not adversely impact other park users such as hikers and hunters,
nor the park's natural and cultural resources. Currently, approximately
eleven miles of trail and former road in the Blue Mountain Lakes area
are recommended for bicycle trail use. All have suitable width and
visibility and can be adequately maintained for multiple uses,
including bicycling. This same trail network is also designated as a
cross country ski trail during the winter months when snow covered.
Any additional trails, other than those in the Blue Mountain Lakes
area, will be permitted on routes in developed areas and special use
zones which have been designated by the Superintendent by the posting
of signs and as designated on maps which will be available in the
office of the superintendent and at other places convenient to the
public. Further, the authority of the Superintendent to ``impose public
use limits, or close all or a portion'' of a designated trail according
to the criteria at 36 CFR 1.5 is not restricted by this rule.
Climbing Registration
The present regulation concerning mandatory registration for
technical rock climbing at Delaware Water Gap National Recreation Area
is codified at 36 CFR 7.71(c)(2). Mandatory registration of technical
rock climbing activities was instituted at Delaware Water Gap in 1976.
This regulation was intended to promote safety by educating climbers,
especially novice or new climbers to the area about safety hazards, to
provide climbers with the location and difficulty of climbing routes,
and to provide climbers with procedures to follow in the event of an
emergency. A check-in and check-out system that would activate a search
and rescue effort for overdue climbers was also implemented.
Although many climbers register, just as many climbers do not,
especially those climbing at locations not in the immediate vicinity of
the Kittatinny Point Visitor Center where registration occurs. In most
instances, climbers do not receive good practical information about the
climbing area, because the rangers on duty at the visitor center are
often not climbers and are often not familiar with the routes or with
specific climbing hazards. Too often, the only information climbers
receive at the visitor center is a climbing safety handout. The check-
in and check-out portion of the registration system has failed to
provide a timely method to insure that all climbers have safely
completed their climbs. There have been no documented cases of lives
saved as a result of the check-in and check-out registration system.
Many NPS areas with significant rock climbing activity such as
Joshua Tree, Rocky Mountain and Yosemite National Parks do not require
climbers to register and have not experienced any adverse results.
Denali National Park revised its mandatory climbing registration
regulation in 1996. With the deletion of this park specific regulation,
it will be the climbing party's responsibility to insure that
responsible friends or relatives are advised of where they will be
climbing, what kind of equipment they will use, the experience level of
the climbers and when they expect to complete the climb and return.
Public Participation
It is the policy of the Department of Interior, whenever
practicable, to afford the public an opportunity to participate in the
rule making process. Accordingly, interested persons may submit written
comments regarding this proposed rule to the address noted at the
beginning of this rulemaking. The NPS will review all comments and
consider making changes to the rule based upon analysis of the
comments.
Drafting Information
The primary authors of this rule making are Wayne Valentine,
Kittatinny Subdistrict Ranger, Robert Wilson, Law Enforcement
Specialist, both of Delaware Water Gap National Recreation Area, and
Dennis Burnett, Washington Office of Ranger Activities, National Park
Service.
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.
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
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 7
District of Columbia, National parks, Reporting and recordkeeping
requirements.
In consideration of the foregoing, 36 CFR Chapter I is proposed to
be amended as follows:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
1. The authority citation for Part 7 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also
issued under D.C. Code 8-137(1981) and D.C. code 40-721(1981).
2. Section 7.71 is amended by revising paragraph (c) to read as
follows:
Sec. 7.71 Delaware Water Gap National Recreation Area.
* * * * *
(c) Designated bicycle routes. The use of a bicycle is permitted
according to Sec. 4.30 of this chapter and, in nondeveloped areas, as
follows: Bicycle use is permitted on trails and former roads in the
Blue Mountain Lakes area of the park which have been designated by the
Superintendent as bicycle routes by the posting of signs, and as
designated on maps which are available in the office of the
Superintendent and other places convenient to the public.
* * * * *
[[Page 60817]]
Date: August 26, 1997.
William Leary,
Acting Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 97-29776 Filed 11-12-97; 8:45 am]
BILLING CODE 4310-70-P
