[Federal Register Volume 61, Number 109 (Wednesday, June 5, 1996)]
[Rules and Regulations]
[Pages 28505-28506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14103]



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DEPARTMENT OF THE INTERIOR
36 CFR Part 7

RIN 1024-AC42


Appalachian National Scenic Trail, Powerless Flight

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: The National Park Service (NPS) is adopting this final rule to 
allow powerless flight along the Appalachian National Scenic Trail at 
times and locations designated by the Park Manager, pursuant to the 
terms and conditions of a permit. The terms and conditions of a Special 
Use Permit (SUP) will in all cases prohibit stunt flying, 
commercialization, advertising, publicity, contests, meets, 
demonstrations and motor vehicular access on non-public roads. In 
addition, the Park Manager may require, as a standard condition of the 
SUP, that all hang gliders using the designated site be qualified 
pilots licensed by the United States Hang Gliding Association. The 
frequency of launch sites, level of use, availability of alternate 
sites and cumulative impacts on the remote recreational experience and 
character of the Appalachian Trail will be significant factors in 
determining whether new launch and/or landing sites will be designated.

EFFECTIVE DATE: This final rule becomes effective on July 5, 1996.


[[Page 28506]]


FOR FURTHER INFORMATION CONTACT: Virginia F. Williams, NPS, Appalachian 
National Scenic Trail, Harpers Ferry Center, Harpers Ferry, WV 25425. 
Telephone (304) 535-6278

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 Appalachian 
Mountains. The AT is administered by the Secretary of the Interior 
through the NPS, 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 endorse seeking the special regulation.
    Other sites along the AT have historically been used as launch 
sites for hang gliders prior to NPS acquisition. To date, the WGHGC is 
the only organized club that has requested a permit to maintain a 
launch site.
    A proposed regulation was published in the Federal Register on 
January 31, 1996 (60 FR 3358) to allow hang gliding at the Fox Gap site 
pursuant to the terms and conditions of a permit. Public comment was 
invited. The comment period closed March 1, 1996.

Summary of Comments Received

    During the public comment period, the NPS received 620 letters, of 
which 618 were identical form letters. After the close of the comment 
period, approximately 300 additional form letters were received. All of 
the respondents to the proposed rule endorsed hang gliding use of the 
Fox Gap site. However, the 918 form letters urged the NPS to seek a 
broader, non site-specific special regulation. After considering all of 
the public comments received, the NPS has decided to endorse a broader 
rule, and to proceed with a final rule with a modification of the 
proposed rule from a site specific regulation to a non site-specific 
special regulation that may allow powerless flight on AT acquired lands 
at times and locations designated by the Park Manager, pursuant to the 
terms and conditions of a permit.

    Drafting Information. The primary authors of this final rule are 
Park Manager Pamela Underhill, Landscape Architect Virginia F. 
Williams at the Appalachian National Scenic Trail Office and Dennis 
Burnett, Washington Office of Ranger Activities, National Park 
Service.

Paperwork Reduction Act

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.), the information collection requirements contained in this 
final rule have been approved by the Office of Management and Budget 
and assigned clearance number 1024-0026. This information is being 
collected for the Superintendent to issue a permit. The information 
will be used to grant administrative benefits. The obligation to 
respond is required to obtain a benefit.

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.). Any economic effects of this rulemaking 
will be 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 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, the 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. However, as requests for 
permits for specific launch or landing sites are received, an EA in 
accordance with the procedural requirements of NEPA, and by 
Departmental guidelines, may be required.

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 times and locations 
designated by the Park Manager, pursuant to the terms and conditions of 
a permit.

    Dated: May 29, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-14103 Filed 6-4-96; 8:45 am]
BILLING CODE 4310-70-P