[Federal Register Volume 67, Number 37 (Monday, February 25, 2002)]
[Rules and Regulations]
[Pages 8479-8481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4339]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AC67


Special Regulations; Areas of the National Park System

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: The National Park Service (NPS) is adopting this final rule to 
designate as snowmobile routes on NPS administered Appalachian National 
Scenic Trail lands, portions of snowmobile trails that are part of a 
State-approved network of snowmobile routes and that cross the 
Appalachian Trail corridor. Snowmobile use on these routes is 
established. The Park Manager is also provided the discretion to 
designate temporary snowmobile crossings in the Compendium of 
Superintendent's Orders.

DATES: This rule becomes effective March 27, 2002.

FOR FURTHER INFORMATION CONTACT: Pamela Underhill, Park Manager, 
Appalachian National Scenic Trail, National Park Service, Harpers Ferry 
Center, Harpers Ferry, WV 25425. Telephone 304-535-6278. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The regulation designates as snowmobile routes on NPS administered 
Appalachian National Scenic Trail lands, portions of snowmobile trails 
that are part of a State-approved network of snowmobile routes that 
cross NPS administered lands in order to connect with other state 
approved routes. The regulation designates the minimum number of 
crossings necessary to accommodate statewide snowmobile trail networks.
    The Appalachian Trail is a north-south hiking trail that stretches 
nearly 2,160 miles from Katahdin, Maine, to Springer Mountain, Georgia, 
along the crest of the Appalachian Mountains. The Trail is administered 
by the Secretary of the Interior through the NPS, in consultation with 
the Secretary of Agriculture through the U.S. Forest Service, as part 
of the National Trails System. Upon completion of the land protection 
program, the NPS will have protected approximately 800 miles of the 
Trail and approximately 100,000 acres of land. Because NPS administered 
lands are intermingled with private, local, state and other

[[Page 8480]]

Federal government lands, differing regulations apply and varying land 
uses are allowed. These agencies have become partners in the 
Appalachian Trail cooperative management system. The linear nature of 
the resource and the varied land ownership patterns require special 
consideration in management planning.
    Generally, any motorized use along the Appalachian Trail is 
prohibited, including snowmobiles. However the National Trails System 
Act provides for limited authority for allowing snowmobile use for 
crossings, emergencies, and for adjacent landowners:

    The use of motorized vehicles by the general public along any 
national scenic trail shall be prohibited and nothing in this 
chapter shall be construed as authorizing the use of motorized 
vehicles within the natural and historical areas of the national 
park system, the national wildlife refuge system, the national 
wilderness preservation system where they are presently prohibited 
or on other federal lands where they are presently prohibited or on 
other Federal lands where trails are designated as being closed to 
such use by the appropriate Secretary: Provided, That the Secretary 
charged with the administration of such trail shall establish 
regulations which shall authorize the use of motorized vehicles 
when, in his judgment, such vehicles are necessary to meet 
emergencies or to enable adjacent landowners or land users to have 
reasonable access to their lands or timber rights . . . (16 U.S.C. 
1246 (c)).

    The regulation allows limited snowmobile crossings of the 
Appalachian Trail while still prohibiting such use along the trail. 
Additionally, the limited use is consistent with the Federal 
government's obligations to provide access for emergencies and to 
owners of lands adjacent to the Trail.
    36 CFR 2.18 of the NPS general regulations prohibits the use of 
snowmobiles in units of the National Park System except on routes 
designated specifically for snowmobile use. These specific routes must 
be authorized through promulgation of special regulations. Snowmobile 
use may occur only on designated routes and when the use is consistent 
with the park's natural, cultural, scenic and aesthetic values, safety 
considerations, park management objectives, and will not disturb 
wildlife or damage park resources. Section 2.18 establishes further 
procedures and criteria for the use of snowmobiles within park areas. 
The term ``snowmobile'' is defined in Sec. 1.4 and conforms to the 
standard definition used by the International Snowmobile Industry 
Association. The NPS does not intend that this definition be broadly 
interpreted to include any other motorized or non-motorized off-road 
vehicles.
    During the development of the NPS land protection program, the 
issue of continuing use of existing snowmobile crossings of the planned 
Trail corridor was raised by adjacent landowners, snowmobile 
organizations and state agencies. The NPS assured interested parties 
that establishment of the permanent linear trail corridor would not 
sever established snowmobile routes. For the purposes of this Special 
Regulation, established snowmobile routes are considered to be those 
routes in use at the time of NPS land acquisition. The NPS has worked 
closely with state snowmobile organizations and state agencies to 
identify only those routes that are part of a State-approved network of 
snowmobile routes.
    There are a number of crossings of the Appalachian Trail corridor 
by established, State-approved snowmobile trails in Maine, New 
Hampshire, Vermont, Massachusetts and Connecticut. Most of these 
crossings are currently allowed by deeded right-of-way reserved by the 
seller or by public road right-of-way. Three State-approved snowmobile 
trails, two in Maine and one in Massachusetts cross lands acquired for 
the protection of the Appalachian Trail and would require designation. 
The NPS intends to designate only the State approved routes that are 
existing crossings of the trail corridor and part of a State network of 
snowmobile routes. Within the NPS corridor, snowmobile travel will be 
limited to the designated crossing only. Snowmobiles will not be 
permitted to follow the trail footpath itself. Snowmobile use of other 
NPS Appalachian Trail corridor lands will not be allowed.
    A proposed regulation was published in the Federal Register on 
March 19, 1998 (63 FR 13383). Public comment was invited. The comment 
period closed May 18, 1998.

Summary of Comments Received

    During the public comment period, the NPS received two letters. 
Both of the respondents to the proposed rule endorsed the proposed 
special regulation. The respondents stated that the regulation would 
fulfill commitments made to the snowmobile community that acquisition 
for the Appalachian Trail would not sever existing snowmobile routes 
while limiting motorized recreation within the trail corridor.

Drafting Information

    The principal authors of this rulemaking are Robert W. Gray, Park 
Ranger, Appalachian National Scenic Trail and Dennis Burnett, 
Washington Office of Ranger Activities, National Park Service.

Compliance with Laws, Executive Orders and Department Policy

Regulatory Planning and Review (Executive Order 12866)

    This document is not a significant rule and is not subject to 
review by the Office of Management and Budget under Executive Order 
12866.
    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local or tribal governments or communities. 
This rule establishes designated routes for snowmobile use across the 
Trail and would cause only a small economic benefit to the local 
communities, if any.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. This rule 
supports local government and community plans for snowmobile routes 
that already exist.
    (3) This rule does not alter the budgetary effects or entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. There are no budgetary considerations involved in 
this rule.
    (4) This rule does not raise novel legal or policy issues. This 
rule codifies snowmobile use that previously existed.

Regulatory Flexibility Act

    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 USC 601 et seq.). This 
rule codifies existing use of snowmobile routes and merely maintains 
use levels; it does not restrict or prohibit current use patterns so 
would not likely have any economic impact.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more. This rule is not expected to have any effect on the economy since 
the rule does not change existing uses in any way.

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    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. No increase is expected since the rule 
does not change existing uses in any way.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises. No 
effects are expected since the rule does not change existing uses in 
any way.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local or tribal governments or the private sector. This rule poses no 
mandates on the government or private sector. The use of snowmobile 
routes on the Trail is a voluntary activity.

Takings (Executive Order 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. This rule codifies existing 
snowmobile use and does not have implications on lands outside the 
Trail.

Federalism (Executive Order 13132)

    In accordance with Executive Order 13132, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. This rule codifies existing snowmobile use and 
does not place any requirements on State governments.

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act

    This regulation does not require an information collection from 10 
or more parties and a submission under the Paperwork Reduction Act is 
not required. An OMB form 83-I is not required.

National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. In accordance with 516 
DM 6, Appendix 7.4 A(10), the NPS has determined that this 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 cause physical damage to it, (c) conflict with adjacent ownerships 
or land uses, or (d) cause a nuisance to adjacent owners or occupants. 
A Categorical Exclusion Determination has been completed.

Government-to-Government Relationship with Tribes

    In accordance with Executive Order 13175 ``Consultation with Indian 
Tribal Governments'' (65 FR 67249) and the President's memorandum of 
April 29, 1994, ``Government-to-Government Relations with Native 
American Tribal Governments'' (59 FR 22951), and 512 DM 2, we have 
evaluated potential effects on Federally recognized Indian tribes and 
have determined that there are no potential effects. This rule solely 
affects snowmobile users who choose to use the crossing routes 
designated in this rule and does not have any effects on lands or 
entities outside the NPS.

List of Subject in 36 CFR Part 7

    National parks, District of Columbia, Reporting and recordkeeping 
requirements

    In consideration of the foregoing, 36 CFR Part 7 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. Revise Sec. 7.100 to read as follows:


Sec. 7.100  Appalachian National Scenic Trail.

    (a) What activities are prohibited?
    (1) The use of bicycles, motorcycles or other motor vehicles is 
prohibited. The operation of snowmobiles is addressed in paragraph (b).
    (2) The use of horses or pack animals is prohibited, except in 
locations designated for their use.
    (b) Where can I operate my snowmobile?
    (1) You may cross the Appalachian National Scenic Trail corridor by 
using established, State-approved snowmobile trails in Maine, New 
Hampshire, Vermont, Massachusetts and Connecticut that are allowed by 
deeded right-of-way reserved by the seller or by public road right-of-
way. You may also cross National Park Service administered lands within 
the Appalachian National Scenic Trail corridor at the following 
locations:
    (2) Nahmakanta Lake Spur--The spur snowmobile route that leads from 
Maine Bureau of Parks and Lands Debsconeag Pond Road to the 
southeastern shore of Nahmakanta Lake.
    (3) Lake Hebron to Blanchard-Shirley Road Spur--The spur snowmobile 
route that leads from Lake Hebron near Monson, Maine to the Maine 
Interconnecting Trail System Route 85 near the Blanchard-Shirley Road.
    (4) Massachusetts Turnpike to Lower Goose Pond Crossing--That part 
of the Massachusetts Interconnecting Trail System Route 95 from the 
Massachusetts Turnpike Appalachian Trail Bridge to the northeastern 
shore of Lower Goose Pond.
    (5) Temporary crossings of National Park Service administered 
Appalachian Trail corridor lands may be designated by the Park Manager 
in the Superintendent's Compendium of Orders when designated snowmobile 
routes are temporarily dislocated by timber haul road closures.
    (6) Maps that show the crossings of National Park Service 
administered lands within the Appalachian National Scenic Trail may be 
obtained from the Park Manager, Appalachian National Scenic Trail, 
Harpers Ferry Center, Harpers Ferry, West Virginia 25425.
    (c) Is powerless flight permitted? 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: February 1, 2002.
Joseph E. Doddridge,
Acting Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. 02-4339 Filed 2-22-02; 8:45 am]
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