[Federal Register Volume 63, Number 53 (Thursday, March 19, 1998)]
[Proposed Rules]
[Pages 13383-13385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7109]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AC67
Appalachian National Scenic Trail, Snowmobile Routes
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The National Park Service (NPS) is proposing to establish and
designate trail crossings of snowmobile trails at three locations along
the Appalachian National Scenic Trail. These trail crossings are part
of a State approved network of snowmobile routes that exist on adjacent
State lands. These crossings existed prior to the NPS assuming
management of the National Scenic Trail. Designating these crossings
fulfills assurances made by the NPS at the time of land acquisition
that establishment of the permanent linear trail corridor would not
sever established snowmobile routes. The Park Manager also will be
provided the discretion to designate temporary snowmobile crossings in
the Compendium of Superintendent's Orders.
DATES: Written comments will be accepted through May 18, 1998.
ADDRESSES: Comments should be addressed to: Park Manager, Appalachian
National Scenic Trail, National Park Service, Harpers Ferry Center,
Harpers Ferry, WV 25425.
FOR FURTHER INFORMATION CONTACT: Pamela Underhill, Park Manager,
Appalachian National Scenic Trail, National Park Service, Harpers Ferry
Center, Harpers Ferry, WV 25425. Telephone 304-535-6278.
SUPPLEMENTARY INFORMATION:
Background
This proposed regulation will designate portions of snowmobile
trails, that are part of a State approved network of snowmobile routes,
to cross NPS administered Appalachian National Scenic Trail lands in
order to connect with other state approved routes. The intent of this
regulation is to designate the minimum number of crossings necessary to
accommodate Statewide snowmobile trail networks.
The Appalachian Trail is a north-south hiking trail that stretches
nearly 2,160 miles from Katahdin, Maine, to Springer Mountain, Georgia,
along the crest of the Appalachian Mountains. The Trail is administered
by the Secretary of the Interior through the NPS, in consultation with
the Secretary of Agriculture through the U.S. Forest Service, as part
of the National Trails System. Upon completion of the land protection
program, the NPS will have protected approximately 800 miles of the
Trail and approximately 100,000 acres of land. Because NPS administered
lands are intermingled with private, local, state and other federal
government lands, differing regulations apply and varying land uses are
allowed. These agencies have become partners in the Appalachian Trail
cooperative management system. The linear nature of the resource and
the varied land ownership patterns require special consideration in
management planning.
Generally, any motorized use along the Appalachian Trail is
prohibited, including snowmobiles. However, Section 7 (c) of the
National Trails System Act provides for limited authority for allowing
snowmobile use for crossings, emergencies and for adjacent landowners:
``The use of motorized vehicles by the general public along any
national scenic trail shall be prohibited and nothing in this
chapter shall be construed as authorizing the use of motorized
vehicles within the natural and historical areas of the national
park system, the national wildlife refuge system,
[[Page 13384]]
the national wilderness preservation system where they are presently
prohibited or on other federal lands where they are presently
prohibited or on other Federal lands where trails are designated as
being closed to such use by the appropriate Secretary. Provided,
that the Secretary charged with the administration of such trail
shall establish regulations which shall authorize the use of
motorized vehicles when, in his judgment, such vehicles are
necessary to meet emergencies or to enable adjacent landowners or
land users to have reasonable access to their lands or timber rights
* * *'' (16 U.S.C. 1246(c)).
The proposed regulation will allow limited snowmobile crossings of
the Appalachian Trail, while still prohibiting such use along the
trail. Additionally, the proposed limited use is consistent with the
Federal government's obligations to provide access for emergencies and
to owners of lands adjacent to the Trail.
36 CFR 2.18 of the NPS general regulations prohibits the use of
snowmobiles except on routes designated specifically for snowmobile
use. These specific routes must be authorized through promulgation of
special regulations. Snowmobile use may be designated only when the use
is consistent with the park's natural, cultural, scenic and aesthetic
values, safety considerations, park management objectives, and will not
disturb wildlife or damage park resources. Section 2.18 establishes
further procedures and criteria for the use of snowmobiles within park
areas. The term ``snowmobile'' is defined in Sec. 1.4 and conforms to
the standard definition used by the International Snowmobile Industry
Association. The NPS does not intend that this definition be broadly
interpreted to include any other motorized or non-motorized off-road
vehicles.
During the development of the NPS land protection program, the
issue of continuing use of existing snowmobile crossings of the planned
Trail corridor was raised by adjacent landowners, snowmobile
organizations and State agencies. The NPS assured interested parties
that establishment of the permanent linear trail corridor would not
sever established snowmobile routes. For the purposes of this special
regulation, established snowmobile routes are considered to be those
routes in use at the time of NPS land acquisition. The NPS has worked
closely with State snowmobile organizations and State agencies to
identify only those trails that are part of a State-approved network of
snowmobile routes.
There are a number of crossings of the Appalachian Trail corridor
by established, State-approved snowmobile trails in Maine, New
Hampshire, Vermont, Massachusetts and Connecticut. Most of these
crossings are currently allowed by deeded right-of-way reserved by the
seller or by public road right-of-way. Three State-approved snowmobile
trails, two in Maine and one in Massachusetts, cross lands acquired for
the protection of the Appalachian Trail and require designation. The
NPS intends to designate these three State-approved routes that are
existing crossings of the Trail corridor and part of a State network of
snowmobile routes. Within the NPS corridor, snowmobile travel will be
limited to the three designated crossings and the crossings that occur
on deeded right-of-ways and public road right-of-ways. Snowmobiles will
not be permitted to follow the trail footpath itself and all other
crossings of Appalachian National Scenic Trail lands will be
prohibited.
Public Participation
It is the policy of the Department of the Interior, whenever
practicable, to afford the public an opportunity to participate in the
rulemaking process. Accordingly, interested persons may submit written
comments regarding this proposed regulation to the address noted at the
beginning of this rulemaking. The NPS will review comments and consider
making changes to the rule based upon an analysis of the comments.
Drafting Information
The principal authors of this rulemaking are Robert W. Gray, Park
Ranger, Appalachian National Scenic Trail and Dennis Burnett,
Washington Office of Ranger Activities, National Park Service.
Paperwork Reduction Act
This rule does not contain collections of information that require
approval by the Office of Management and Budget under the Paperwork
Reduction Act of 1995.
Compliance With Other Laws
This document is not a significant rule subject to Office of
Management and Budget review under Executive Order 12866. 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 rulemaking are local in nature and negligible
in scope.
The 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.
The Department has determined that this rule meets the applicable
standards provided in Section 3(a) and 3(b)(2) of Executive Order
12988.
This rule is not a major rule under the Congressional review
provisions of the Small Business Regulatory Enforcement Fairness Act (5
U.S.C. 804(2)).
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 or causing physical damage to it;
(b) Introduce incompatible uses which compromise the nature and
character of the area or causing 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 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
National parks, District of Columbia, Reporting and recordkeeping
requirements.
In consideration of the foregoing, NPS proposes to amend 36 CFR
Chapter I 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. Amend section 7.100 by revising paragraph (a) and adding new
paragraph (d), to read as follows:
Sec. 7.100 Appalachian National Scenic Trail.
(a) The use of bicycles, motorcycles, or other motor vehicles is
prohibited.
* * * * *
(d) Snowmobiles. (1) The use of snowmobiles is prohibited except on
the following designated trail crossings of National Park Service
administered
[[Page 13385]]
lands within the Appalachian National Scenic Trail corridor:
(i) Nahmakanta Lake Spur--the spur snowmobile route that leads from
Maine Bureau of Parks and Lands Debsconeag Pond Road to the
southeastern shore of Nahmakanta Lake.
(ii) Lake Hebron to Blanchard-Shirley Road Spur--the spur
snowmobile route that leads from Lake Hebron near Monson, Maine to the
Maine Interconnecting Trail System Route 85 near the Blanchard-Shirley
Road.
(iii) Massachusetts Turnpike to Lower Goose Pond Crossing--that
part of the Massachusetts Interconnecting Trail System Route 95 from
the Massachusetts Turnpike Appalachian Trail Bridge to the northeastern
shore of Lower Goose Pond.
(2) Temporary crossings of National Park Service administered
Appalachian Trail corridor lands may be designated by the Park Manager
in the Superintendent's Compendium of Orders when designated snowmobile
routes are temporarily dislocated by timber haul road closures.
(3) Maps showing the designated trail crossings are available at
the Appalachian National Scenic Trail headquarters, Harpers Ferry
Center, Harpers Ferry, West Virginia 25425.
Dated: February 5, 1998.
Donald J. Barry,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 98-7109 Filed 3-18-98; 8:45 am]
BILLING CODE 4310-70-P
