[Federal Register Volume 60, Number 62 (Friday, March 31, 1995)]
[Rules and Regulations]
[Pages 16579-16580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7906]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 13
RIN 1024-AC31
Denali National Park and Preserve, Alaska
AGENCY: National Park Service, Interior.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The National Park Service (NPS) is promulgating an interim
rule to require mountain climbers to register a minimum of 60-days
before any climb on Mount McKinley and Mount Foraker in Denali National
Park. Mountaineering in the park has increased dramatically over the
last ten years. The number of climbers on Mount McKinley has risen from
695 in 1984 to 1,277 in 1994. Climbing-related injuries and deaths have
correspondingly increased. By requiring advance registration, the
Denali park staff will be able to provide information to prospective
mountaineers in advance of their climb. This may include information on
the specific dangers they may face, how to prepare and equip, other
safety related issues, and requirements concerning resource protection
issues such as litter removal and human waste disposal. Currently,
climbers are required to register, but may do so as late as the day
they depart for the mountain.
DATES: This rule is effective March 31, 1995. Expiration date: Section
13.63(f) will expire on March 31, 1997, unless amended or revised by
future rulemaking. However, written comments will be accepted until May
30, 1995.
ADDRESSES: Comments should be directed to: Superintendent, PO Box 9,
Denali National Park, AK 99755.
FOR FURTHER INFORMATION CONTACT: Steve Martin, Acting Superintendent,
Denali National Park and Preserve, P.O. Box 9, Denali National Park, AK
99755.
SUPPLEMENTARY INFORMATION:
Background
Denali National Park was first established as Mt. McKinley National
Park on February 26, 1917. A separate Denali National Monument was
proclaimed on December 1, 1978. These two were combined, reconfigured
and established as Denali National Park and Preserve on December 2,
1980, encompassing 6.5 million acres. Prior to achieving its current
configuration, the land the park now encompasses was recognized for its
unique ecological value and designated an International Biosphere
Reserve in 1976. That designation has since been expanded to encompass
the entire 6.5 million acre park and preserve. The park contains North
America's highest mountain, 20,320 foot Mount McKinley. Mount Foraker,
at 17,400 feet, and numerous large glaciers of the Alaska Range are
also a part of this park's subarctic ecosystem. Wildlife includes
caribou, Dall sheep, moose, grizzly bears and wolves.
The first ascent of Mount McKinley occurred in 1913. Climbing
continued to be a popular activity, although on a small scale, after
the park was established. However, during the last ten years
mountaineering in the park has increased dramatically. The number of
Mount McKinley climbers has risen from 695 in 1984 to 1,277 in 1994.
With the numbers of climbers increasing, the number of accidents,
rescues, and resource related problems have also increased. Since 1932
a total of 79 mountaineers have perished on the slopes of Mount
McKinley; 23 percent of these deaths (18 people) have occurred since
1990. Recent years have also seen an increase in climbing related
deaths on Mount Foraker and the other Alaska Range peaks located in the
park. In 1990, eight mountaineers were rescued on Mount McKinley. In
sharp contrast, the number of mountaineers rescued increased to 28 in
1992, and 27 in 1994. Studies by the NPS showed that the major reason
climbers got into trouble on the mountain and required rescue was their
unfamiliarity with the hazards unique to Mount McKinley. Specifically,
extreme weather conditions, their changeability, and the other hazards
associated with climbing in such northerly latitudes caught the
climbers unprepared. The NPS determined that climbers need better
education and information prior to their climbs and that an appropriate
time frame was necessary to convey this information to the climbing
community. Climbers from 22 countries registered to climb Mount
McKinley in 1990. With so many climbers seeking permits, adequate lead
time required to fulfill the requests lengthens. The 60 day pre-
registration period will provide sufficient opportunity for the Denali
park staff to provide the necessary information to prospective
mountaineers on the dangers they may face climbing in the park, how to
prepare and equip themselves for the climb, other safety related
issues, and requirements concerning resource protection issues such as
litter removal and human waste disposal.
Authority
This regulation is promulgated pursuant to the Secretary of the
Interior's authority to make and publish necessary and proper rules and
regulations for the use and management of parks, monuments and
reservations under the jurisdiction of the National Park Service (16
U.S.C. 3).
Interim Rulemaking
The purpose of this rulemaking is to allow the park enough time to
provide climbers with better general and safety related information in
order to reduce the number of climbing accidents and the attendant
injuries and deaths, the occurrence of which have recently and
dramatically increased. In order for the NPS to implement these
safeguards prior to the 1995 climbing season, which begins in April
1995, the interim rule will need to be effective upon the date of
publication. The park is already receiving requests for information
about the 1995 climbing season; allowing for notice and comment or
delaying the effective date of the rule will not allow the NPS adequate
time to implement these safeguards. The interim rule has a two-year
``sunset clause''. Notice and comment rulemaking will be conducted with
full public involvement during this two-year time period. The intended
result of this action is to immediately increase the safety of mountain
climbers by allowing sufficient time for the park [[Page 16580]] to
provide the necessary information to all climbers concerning the
hazards associated with climbing in Denali National Park.
The NPS is promulgating this interim rule under the ``good cause''
exception of the Administrative Procedure Act (5 U.S.C. 553(b)(B) from
general notice and comment rulemaking. As discussed above, the NPS
believes that this exception is warranted because of the time
constraints involved. Based upon this discussion, the NPS finds
pursuant to 5 U.S.C. 533(b)(B) that it would be contrary to the public
interest to publish a notice of proposed rulemaking. The NPS is,
however, soliciting comments and will review comments and consider
making changes to the rule based upon an analysis of comments.
In accordance with the Administrative Procedure Act (5 U.S.C. 531
et seq.), the NPS has further determined that publishing this interim
rule 30 days prior to the rule becoming effective could further delay
the dissemination of safety and resource related information to
climbers. This also would be contrary to the public interest and the
intended purpose of the rule. Therefore, under the ``good cause''
exception of the Administrative Procedure Act (5 U.S.C. 553(d)(3)), and
as discussed above, the NPS has been determined that this interim
rulemaking is excepted from the 30-day delay of effective date, and
shall therefore become effective upon the date published in the Federal
Register.
Because the NPS is soliciting comments as discussed above, the NPS
plans to analyze comments received and prepare further rulemaking, as
appropriate.
Public Participation
The policy of the National Park Service is, whenever practicable,
to afford the public an opportunity to participate in the rulemaking
process. However, in accordance with the above discussion, the urgent
need to disseminate the information concerning the 60-day pre-
registration notice and to ensure the safety of the mountain climbers,
it has been determined that it is contrary to the public interest to
delay the effective date of this interim rule pending public comment.
Nevertheless, interested persons are invited to submit written
comments or suggestions regarding the proposed regulations to the
address noted at the beginning of this rulemaking. Comments must be
received on or before May 30, 1995. The NPS will review comments and
consider making changes to the rule based upon an analysis of comments.
Drafting Information
The primary authors of this rule are Dennis Burnett, Washington
Office of Ranger Activities and Brenda Bussard of Denali National Park
and Preserve, National Park Service.
Paperwork Reduction Act
This rule does not contain collections of information which require
approval by the Office of Management and Budget under 44 U.S.C. 3501 et
seq.
Compliance With Other Laws
In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et
seq., the NPS has determined that this interim rule will not have a
significant economic effect on a substantial number of small entities,
nor does it require a preparation of a regulatory analysis.
This rule was not subject to Office of Management and Budget (OMB)
review under Executive Order 12866.
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 non-compatible uses which 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 interim rule 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.
List of Subjects in 36 CFR Part 13
Alaska, National Parks; Reporting and recordkeeping requirements.
In consideration of the foregoing, 36 CFR part 13 is amended as
follows:
PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA
Subpart C--Special Regulations--Specific Park areas in Alaska
1. The authority citation for part 13 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 462(k), 3101 et seq.; Sec. 13.65(b)
also issued under 16 U.S.C. 1361, 1531.
Sec. 13.63 [Amended]
2. Section 13.63 is amended by revising paragraph (f) to read as
follows:
* * * * *
(f) Mountain climbing. Climbing on Mount McKinley or Mount Foraker
without registering, on a form provided by the Superintendent, at least
60 days in advance of the climb is prohibited.
Dated: March 23, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-7906 Filed 3-30-95; 8:45 am]
BILLING CODE 4310-70-P
