[Federal Register Volume 61, Number 65 (Wednesday, April 3, 1996)]
[Rules and Regulations]
[Pages 14617-14618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7978]



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DEPARTMENT OF INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AC26


Oregon Caves National Monument, Admission to Caves

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: The National Park Service (NPS) is publishing this final rule 
to remove an existing regulation that prohibits children under the age 
of six years from entering Oregon Caves at Oregon Caves National 
Monument. Elimination of this regulation will 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 removal is to establish a more equitable criteria 
for allowing children access to the caves.

EFFECTIVE DATE: This final rule becomes effective on May 3, 1996.

FOR FURTHER INFORMATION CONTACT: Craig W. Ackerman, Superintendent, 
Oregon Caves National Monument. Telephone 503-592-2100.

SUPPLEMENTARY INFORMATION:

Background

    This final regulation addresses a specific management problem 
involving access to the only public tour route in Oregon Caves. The 
present restriction found at 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 restriction 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 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 physically and 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 revision 
would greatly reduce visitor conflicts by instituting safety 
restrictions that are fair and equitable. Sufficient

[[Page 14618]]

discretionary authority can be found at 36 CFR 1.5 (Closures and public 
use limits) and at 36 CFR 1.7(b) (Park compendium) to safely regulate 
access to the Caves.
    On March 14, 1995, the NPS published the proposed regulation that 
would delete this special regulation (60 FR 13662). Public comment was 
invited. The comment period closed on May 15, 1995. No comments were 
received during the comment period.

Drafting Information

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

Paperwork Reduction Act

    This final rule does not contain collections of information 
requiring approval by the Office of Management and Budget under the 
Paperwork Reduction Act of 1995.

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 final rule 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 regulation 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 (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, 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).


Sec. 7.49  [Removed]

    2. Section 7.49 is removed.

    Dated: March 14, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-7978 Filed 4-2-96; 8:45 am]
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