[Federal Register Volume 60, Number 135 (Friday, July 14, 1995)]
[Rules and Regulations]
[Pages 36224-36225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17369]



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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AC36


Appalachian National Scenic Trail; Revisions to Special 
Regulations

AGENCY: National Park Service, Interior.

ACTION: Interim rule.

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SUMMARY: The National Park Service (NPS) is adopting this interim rule 
to allow the continuation of an existing hang gliding activity on the 
Appalachian Trail while the agency develops a special regulation to 
address the activity through public notice and comment rulemaking. The 
interim rule will allow the Appalachian Trail Project Manager (Project 
Manager) to renew the Special Use Permit (SUP) of the Water Gap Hang 
Gliding Club. The Water Gap Hang Gliding Club (WGHGC) has been 
undertaking this activity at Kirkridge on the AT for over twenty years 
and the WGHGC's SUP recently expired.

EFFECTIVE DATE: This rule is effective July 14, 1995 and will expire on 
December 31, 1995. Written comments will be accepted through September 
12, 1995.

ADDRESSES: Comments should be addressed to: Project Manager, 
Appalachian Trail Project Office, National Park Service, c/o Harpers 
Ferry Center, Harpers Ferry, WV 25425.

FOR FURTHER INFORMATION CONTACT: Donald T. King, Project Manager, 
Appalachian Trail Project Office, National Park Service, c/o Harpers 
Ferry Center, Harpers Ferry, WV 25425.

SUPPLEMENTARY INFORMATION:

Background

    The Appalachian National Scenic Trail (AT) is a north-south hiking 
trail that stretches nearly 2,200 miles from Maine to Georgia along the 
crest of the Appalachian Mountains. The AT is administered by the 
Secretary of the Interior, National Park Service, as part of the 
National Trails System.
    At its inception, the AT traversed mostly private lands. Use of the 
private lands was enjoyed not only by hikers, but also by other types 
of outdoor enthusiasts. In the late 1970's, hang gliders in the area of 
Fox Gap, Pennsylvania, with the permission of the landowner, were 
launching from the ridgetop known as Kirkridge, along the Appalachian 
Mountains. The hang gliders formally organized and established the 
WGHGC for the purpose of promoting the safety of hang gliding and 
addressing liability issues.
    Originally, the WGHGC used the area with the expressed permission 
of the landowner and, after the area was acquired by the NPS, the WGHGC 
requested permission from the NPS and was issued a SUP to continue 
using the AT area as a launch site. The WGHGC has proven by past 
conduct to be a good steward of these public lands. The WGHGC has 
assumed shared responsibility for maintenance of this popular section 
of the AT along with the local trail club. The WGHGC has a published 
maintenance schedule for its individual club members to provide trash 
pick-up in the general area. The WGHGC works with the local trail club 
to protect the resource qualities of the area and to ensure the area is 
safe for public use by other outdoor enthusiasts. The private 
landowners adjacent to the site have endorsed the continued use of the 
area by the WGHGC. Based upon a review of the past years of use by 
WGHGC and the experience of others (including the landowners and local 
hiking club) in the area, the NPS has determined that there are no 
known adverse impacts caused by the WGHGC activities. 

[[Page 36225]]

    During the review process conducted by the NPS for the renewal of 
the SUP for the WGHGC, the NPS discovered that a 1983 revision to the 
general regulations found at 36 CFR 2.17 had created the requirement of 
a special regulation before the NPS could renew the WGHGC permit. A 
review of the 1983 rulemaking indicates one of the reasons for 
requiring the special regulation process was to have a full review of 
potential conflicts before making a decision to authorize hang gliding 
in a particular area. This interim rule will allow the activity to 
continue while the agency undertakes the required rulemaking to adopt a 
special regulation for the AT.
    The NPS is adopting this interim rule pursuant to 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 
past conduct of the WGHGC while operating under NPS SUPs and the 
demonstrated lack of adverse conflicts with other users of the AT. 
These being the principal reasons for the general regulation 
requirement of special regulations to allow the designation of 
locations for this activity, the NPS finds that notice and comment are 
unnecessary and contrary to the public interest for this interim rule. 
The interim rule is limited to allowing the issuance of a SUP to WGHGC 
for the site known as Kirkridge, near Fox Gap, Pennsylvania, effective 
until December 31, 1995. Furthermore, the NPS is developing and will be 
publishing soon in the Federal Register a proposed rule requesting 
public comment on a special regulation to allow the use of powerless 
flight devices (hang gliding) on the AT.
    The NPS has also determined, in accordance with the Administrative 
Procedure Act (5 U.S.C. 553(d)(3)), that the publishing of this interim 
rule 30 days prior to the rule becoming effective would be 
counterproductive and unnecessary for the reasons discussed above. A 
30-day delay would be contrary to the public interest.
    Therefore, under the ``good cause'' exception of the Administrative 
Procedure Act (5 U.S.C. 553(d)(3)), it has been determined that this 
interim rulemaking is excepted from the 30-day delay in the effective 
date and shall therefore become effective on the date published in the 
Federal Register and will expire on December 1, 1995.

Drafting Information

    The principal authors of this interim rulemaking are Acting Project 
Manager Donald T. King, Appalachian Trail Project Office and Michael M. 
Tiernan, Office of the Solicitor, Washington, D.C.

Paperwork Reduction Act

    This interim rule 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

    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866. The Department of the Interior 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.). The economic effects of this rulemaking 
are local in nature and negligible in scope.
    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 
characteristics of the area or cause physical damage to it;
    (c) Conflict with adjacent ownership or land uses; or
    (d) Cause a nuisance to adjacent owners or occupants.
    Based on this determination, the regulation is categorically 
excluded from the procedural requirements of the National Environmental 
Policy Act (NEPA) and 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; Reporting and recordkeeping requirements.

    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. Section 7.100 is amended by adding paragraph (c) to read as 
follows:


Sec. 7.100  Appalachian National Scenic Trail.

* * * * *
    (c) Powerless flight. The use of devices designed to carry persons 
through the air in powerless flight is allowed at Kirkridge, located 
near Fox Gap, Pennsylvania, pursuant to a permit issued by the project 
manager. This authority shall expire on December 31, 1995.

    Dated: July 11, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-17369 Filed 7-13-95; 8:45 am]
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