[Federal Register Volume 61, Number 21 (Wednesday, January 31, 1996)]
[Proposed Rules]
[Pages 3358-3359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1749]



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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AC36


Appalachian National Scenic Trail

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service (NPS) is proposing this rule to 
allow hang gliding use along the Appalachian National Scenic Trail by 
licensed persons at the Fox Gap, Pennsylvania, launch site pursuant to 
the terms and conditions of a Special Use Permit.
    The Project Manager will be provided the discretion to require that 
all hang gliders using the designated site identified in the Special 
Regulation be qualified pilots licensed by the United States Hang 
Gliding Association. The terms and conditions of a Special Use Permit 
(SUP) will prohibit stunt flying, commercialization, advertising, 
publicity, contests, meets, demonstrations and motor vehicular access.

DATES: Written comments will be accepted through March 1, 1996.

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:
Virginia F. Williams, Appalachian Trail Project Office, National Park 
Service, c/o Harpers Ferry Center, Harpers Ferry, WV 25425, (304) 535-
6278 phone, (304) 535-6270 fax.

SUPPLEMENTARY INFORMATION: 

Background

    The Appalachian National Scenic Trail (AT) is a north-south hiking 
trail that stretches nearly 2,200 miles from Mt. Katahdin, Maine to 
Springer Mountain, Georgia along the crest of the 

[[Page 3359]]
Appalachian Mountains. The AT is administered by the Secretary of the 
Interior through the 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, began 
launching from the ridgetop known as Kirkridge, along the crest of the 
Appalachian Mountains. The hang gliders formally organized and 
established the Water Gap Hang Gliding Club (WGHGC) for the purpose of 
promoting the safety of hang gliding and addressing liability issues.
    Originally, the WGHGC used the area with the express 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. During the review process conducted 
by the NPS in 1995 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. Private managing partners were 
consulted and they endorsed seeking the special regulation.
    An interim rule was published in the Federal Register on July 14, 
1995 (60 FR 36224) to allow the continuation of the existing hang 
gliding activity on the Appalachian Trail while the agency developed a 
special regulation to address the activity through public notice and 
comment rulemaking.
    The hang gliding launch site known as Kirkridge is located near Fox 
Gap, Pennsylvania. The WGHGC believes this site is the best launch site 
in the region. It has been well maintained for approximately 7 years. A 
private landowner immediately adjacent to the site endorses the 
continued use by the hang gliders. The hang gliding club has displaced 
a non-compatible user group that historically misused the site and 
caused serious management problems.
    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 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.
    Based on available data and experience at this site, there are no 
known adverse impacts caused by hang gliding use to the Appalachian 
Trail. In fact, the results of past use by hang gliders at the location 
have shown that the net result is generally positive with small 
benefits to the Trail and its resources.
    This proposed rule is virtually identical to the interim rule that 
was published on July 14, 1995 (60 FR 36224). The comment period for 
the interim rule was 60 days (through September 12, 1995). Because of 
this, the agency has determined that a 30 comment period for this 
proposed regulation is adequate.

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 primary authors of this proposed 
rulemaking are Acting Project Manager Donald T. King and Landscape 
Architect Virginia F. Williams at the Appalachian Trail Project 
Office.

Paperwork Reduction Act

    This proposed rule does not contain collections of information 
requiring 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 
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 proposed regulation 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 (EA) nor an 
Environmental Impact Statement (EIS) has been prepared.

List of Subjects in 36 CFR Part 7

    National parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, it is proposed 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. Section 7.100 is amended by revising 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 a site known as Fox 
Gap, Pennsylvania, located near longitude 75 deg.11'0'' W and latitude 
40 deg.56'17'' N, pursuant to the terms and conditions of a permit.

    Dated: November 7, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-1749 Filed 1-30-96; 8:45 am]
BILLING CODE 4310-70-M