[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]



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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.

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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]
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