[Federal Register Volume 60, Number 49 (Tuesday, March 14, 1995)]
[Rules and Regulations]
[Pages 13629-13630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6241]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AC20
Grand Teton National Park, WY; Mountain Climbing and Winter
Backcountry Trip Regulations
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: The National Park Service (NPS) is eliminating registration
and check out requirements for climbing and off trail travel above
7,000 ft., and for winter travel in Grand Teton National Park. Existing
regulations requiring climbers, off trail hikers, and winter travel
users to register and check out upon completion of their activity were
intended primarily to provide information necessary to initiate search
and rescue responses. Actual experience over the years has shown that
the [[Page 13630]] intended purpose of these regulations has not been
achieved. Nearly all search and rescue responses are generated by
reports from sources other than the check out system. Instead of aiding
rescuers, these regulations burden park rangers with the task of
checking on countless cases of climbers and backpackers who failed to
check out. These regulations have been enforced selectively for several
years, where local climbers and guides have not been forced to register
because of an assumed expertise and knowledge of the local area. The
deletion of these regulations will not eliminate visitor protection
services provided by park personnel.
EFFECTIVE DATE: The final rule becomes effective April 13, 1995.
ADDRESSES: Comments should be addressed to: Superintendent, Grand Teton
National Park, P.O. Drawer 170, Moose, WY 83012.
FOR FURTHER INFORMATION CONTACT: Colin W. Campbell, Law Enforcement
Specialist, Grand Teton National Park, Telephone: 307-733-2880.
SUPPLEMENTARY INFORMATION:
Background
The existing National Park Service (NPS) special regulations that
pertain to mountain climbing, off trail travel, and winter travel trips
in Grand Teton National Park are codified at 36 CFR 7.22 (f) and (g).
They require all technical climbers, off trail travel, and winter
travel users to register or check in prior to undertaking these
activities and to check out with a ranger upon completion of the
activity. The original intent was primarily to provide park search and
rescue personnel with the knowledge that a park user was in essence
overdue from a potentially dangerous activity. In reality, almost all
perceived overdue parties concerned climbers and backcountry users
failing to properly check out. In addition, the vast majority of winter
travelers either ignore or do not know of the requirement to register,
and strict enforcement of this regulation has not been done for several
years. The result has been a combination of non-compliance, failure to
check out, failure to contact a ranger in a timely manner and wasted
time and energy on the part of the park staff administering the system.
After working with these restrictions since promulgation it has been
determined that they are not achieving their original purpose of saving
lives by alerting search and rescue personnel. In reality, almost all
park search and rescue efforts are the result of initial reports by
climbing partners, other park backcountry users, friends or relatives.
The NPS believes the deletion of these rules will make the
management of mountain climbing and winter backcountry trips more
consistent with the practices of both State and Federal agencies whose
lands are contiguous with Grand Teton National Park. Overnight
backcountry trips will continue to be regulated by general camping
regulations at 36 CFR 2.10.
A voluntary registration system will be available to climbers and
backcountry travelers who choose to use it. The exchange of information
between climbers, off-trail hikers, winter travelers and park rangers
will still be available and encouraged without mandating it through
regulation. Furthermore, the park staff will be educating park users to
leave trip information with family or friends, shifting responsibility
for trip planning onto the park user.
A proposed rule was published May 13, 1994 in the Federal Register
(59 FR 25001). In addition to the Federal Register, a press release
concerning the proposed change was released in the Jackson, Wyoming
area, as well as local climbing shops and guides being notified of the
proposed change. No responses were received during the following 30-day
public review and comment period. Consequently, the rule promulgated
here is the same as the one proposed.
Public Participation
The policy of the National Park Service is, whenever practicable,
to afford the public an opportunity to participate in the rulemaking
process. Accordingly, interested persons may submit written comments
regarding this final rule to the address noted at the beginning of this
rulemaking. Grand Teton National Park staff will also be making public
notices in local papers and contacting representatives of the local
climbing community.
Drafting Information: The primary authors of this proposed rule
are Colin W. Campbell, Law Enforcement Specialist and Mark L.
Magnuson, Jenny Lake Sub-District Ranger.
Paperwork Reduction Act
This rulemaking does not contain information collection
requirements that require approval by the Office of Management and
Budget under 44 U.S.C. 3501 et seq.
Compliance With Other Laws
The Department of the Interior has 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.), because it deletes an existing requirement and gives more
discretion to the park visitor.
The NPS has determined that this proposed 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 causing physical damage to it:
(b) Introduce noncompatible uses which might compromise the nature
and characteristics of the area, or cause physical damage to it;
(c) Conflict with adjacent ownerships 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 Regulations in 516 DM 6, (49 FR
21438). As such, neither an Environmental Assessment nor an
Environmental Impact Statement has been prepared.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866.
List of Subjects in 36 CFR Part 7
National parks.
In consideration of the foregoing, 36 CFR Chapter I is 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. In Sec. 7.22, paragraphs (f) and (g) are removed, and paragraphs
(h) and (i) are redesignated paragraphs (f) and (g) respectively.
Dated: January 24, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-6241 Filed 3-13-95; 8:45 am]
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