[Federal Register Volume 60, Number 49 (Tuesday, March 14, 1995)]
[Proposed Rules]
[Pages 13662-13663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6242]



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DEPARTMENT OF INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AC26


Oregon Caves National Monument; Special Regulations

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service (NPS) proposes to revise the current 
regulation concerning admission to Oregon Caves National Monument found 
at 36 CFR 7.49 that prohibits access to children under the age of six 
years from entering Oregon Caves in Oregon Caves National Monument. 
This proposed revision to the existing regulation would allow children 
to enter the Caves, regardless of age. The existing age restriction is 
not necessary to provide safe and quality interpretive tours in the 
Caves. The effect of this proposed revision is to establish a more 
equitable criterion for allowing children access to the caves. If 
necessary, the park will manage access to the Caves through the 
Superintendent's Compendium.

DATES: Written comments will be accepted through May 15, 1995.

ADDRESSES: Comments should be addressed to: Superintendent, Oregon 
Caves National Monument, 19000 Caves Highway, Cave Junction, OR 97523.

FOR FURTHER INFORMATION CONTACT: Craig W. Ackerman, Superintendent, 
Oregon Caves National Monument, 19000 Caves Highway, Cave Junction, OR 
97523.

SUPPLEMENTARY INFORMATION:

Background

    This proposed revision addresses a specific management problem 
involving access to the only public tour route in Oregon Caves. The 
present restriction, 36 CFR 7.49, states that ``Children under the age 
of 6 are not permitted to enter the caves.'' A search of historical 
records has failed to find any extensive discussion of or justification 
for this particular age limit. No other Park Service cave, open for 
public tours, has a similar regulatory limit for general tours.
    Employees who give the cave tours or sell tickets for the tours 
generally make the determination as to whether a child wanting to enter 
the caves is under six years of age. Since most parents do not carry 
documentation of the age of a child, verification of age is usually not 
possible. Some parents become upset [[Page 13663]] when their children 
are denied access to the Caves. The age limit restriction has been the 
most common visitor complaint to both park and concession employees 
over the last few decades. Denying access to children who can safely 
travel through the Caves contradicts one of the management objectives 
of Oregon Caves National Monument's General Management Plan, which is 
to ``provide quality interpretive service that increases the visitors' 
knowledge, appreciation and enjoyment of the resources at Oregon 
Caves.''
    There appears to be little justification for using six years of age 
in determining who enters the Caves. The width of tread, number and 
rise of steps, the length of the tour, and the height of railings 
better determine whether visitors can safely negotiate the cave tour. 
Renovation of the entire trail system, which is being designed with 
children in mind, is currently in the planning stage. This proposed 
revision would greatly reduce visitor conflicts by instituting safety 
restrictions that are fair and equitable. If necessary, the park will 
manage access to the Caves through the Superintendent's Compendium.

Options Considered

    Other management options considered included leaving the current 
regulation as it is or instituting a fixed height and/or endurance 
limit that might soon be out of tune with continuing modification of 
the present trail system. The current proposed rule revision is in 
accordance with stated overall management objectives.

Effects of Revision

    This rule revision increases the opportunity for visitors with 
young children to enter Oregon Caves. There will be fewer visitor 
complaints, fewer visitor/NPS confrontations, and fewer disrupted 
public tours.

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 proposed rule to the address noted at the beginning of 
this rulemaking.

Drafting Information

    The primary authors of this revision are Craig W. Ackerman, 
Superintendent of Oregon Caves National Monument and Dennis Burnett, 
Washington Office of Ranger Activities, National Park Service.

Paperwork Reduction Act

    This revision 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 Interior has determined that this document is not 
a major rule under Executive Order 12866 and 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 National Park Service has determined that this proposed 
revision 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 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 upon this determination, this proposed revision 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

    National Parks; Reporting and recordkeeping requirements.

    In consideration of the foregoing, it is proposed to amend 36 CFR 
Chapter 1 as follows:

PART 7--SPECIAL REGULATING, 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 7.49 is revised to read as follows:


Sec. 7.49  Oregon Caves National Monument.

    (a) Admission to caves. No person, or persons, shall be permitted 
to enter Oregon Caves unless accompanied by an approved National Park 
Service or concessioner employee who has successfully completed the 
training prescribed by the National Park Service.

    Dated: February 27, 1995.

    Approved:
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-6242 Filed 3-13-95; 8:45 am]
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