Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Proposed Rules 60815

the Assistant Chief Counsel, AEA–7,

F.A.A. Eastern Region, Federal Building

#111, John F. Kennedy International

Airport, Jamaica, NY 11430.

Communications must identify the

notice number of this NPRM. Persons

interested in being placed on a mailing

list for future NPRMs should also

request a copy of Advisory Circular No.

11–2A, which describes the application

procedure.

The Proposal

The FAA is considering an

amendment to 14 CFR Part 71 to amend

the Class E airspace area at Somerset,

PA. A GPS RWY 6 SIAP has been

developed for the Somerset County

Airport. Additional controlled airspace

extending upward from 700 feet AGL is

needed to accommodate the SIAP and

for IFR operations at the airport. Class

E airspace designations for airspace

areas extending upward from 700 feet or

more above the surface are published in

Paragraph 6005 of FAA Order 7400.9E,

dated September 10, 1997, and effective

September 16, 1997, which is

incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in this document would be

published subsequently in the Order.

The FAA has determined that this

proposed regulation only involves an

established body of technical

regulations for which frequent and

routine amendments are necessary to

keep them operationally current.

Therefore, this proposed regulation—(1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that would only affect air

traffic procedures and air navigation, it

is certified that this proposed rule

would not have significant economic

impact on a substantial number of small

entities under the criteria of the

Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

The Proposed Amendment

In consideration of the foregoing, the

Federal Aviation Administration

proposes to amend 14 CFR Part 71 as

follows:

PART 71—[AMENDED]

1. The authority citation for Part 71

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9E, Airspace

Designations and Reporting Pants, dated

September 10, 1997, and effective

September 16, 1997, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

AEA PA E5 Somerset, PA [Revised]

Somerset County Airport, PA

(lat. 40°02′20′′N., long. 79°00′47′′W.)

Stoystown NDB

(lat. 40°05′09′′N., long. 78°55′00′′W.)

That airspace extending upward from 700

feet above the surface within a 6.4-mile

radius of Somerset County Airport and

within 3.1 miles each side of the 058° bearing

from the Stoystown NDB extending from the

6.4-mile radius to 9.6 miles northeast of the

NDB and 4 miles each side of the 236°

bearing from the Somerset County Airport

extending from the 6.4-mile radius to 9.5

miles southwest of the airport, excluding that

portion that coincides with the Seven

Springs, PA, Class E airspace area.

* * * * *

Issued in Jamaica, New York, on October

7, 1997.

Franklin D. Hatfield,

Manager, Air Traffic Division, Eastern Region.

[FR Doc. 97–29835 Filed 11–12–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024–AC62

Delaware Water Gap National

Recreation Area; Designation of

Bicycle Routes; Deletion of Climbing

Registration Regulation

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

SUMMARY: The National Park Service

(NPS) is proposing to amend its special

regulations to designate certain routes

within a nondeveloped area as open for

bicycle use and to regulate their use in

this area and to delete the regulation

concerning the mandatory registration

of technical rock climbing activities at

Delaware Water Gap National

Recreation Area. Bicycle use has been

determined by the Superintendent to be

a desirable recreational use within the

Blue Mountain Lakes area of the park

because such use is consistent with the

protection of the park’s natural, scenic

and aesthetic values, safety

considerations and management

objectives and will not disturb wildlife

or park resources. The requirement to

register for climbing activities was

originally intended to promote climbing

safety, provide information concerning

the location and difficulty of routes and

provide climbers with procedures to

follow in the event of an emergency.

However, the registration system has not

been effective and the NPS believes that

a better course of action will be to

promote self-responsibility within the

climbing community. Many NPS areas

with significant rock climbing activities

do not require technical climbing

registration. The deletion of this

regulation will also remove an

unnecessary administrative burden for

both the climbing community and the

NPS.

DATES: Written comments will be

accepted until January 12, 1998.

ADDRESSES: Comments should be

addressed to: Superintendent, Delaware

Water Gap National Recreation Area,

Bushkill, Pennsylvania, 18324.

FOR FURTHER INFORMATION CONTACT:

Wayne Valentine, Kittatinny Subdistrict

Ranger, Delaware Water Gap National

Recreation Area. Telephone 908–841–

9533.

SUPPLEMENTARY INFORMATION:

Background

Bicycle Routes

This proposed rule will designate

certain trails and former roads for

bicycle use in the Blue Mountain Lakes

area of the park. This area was originally

intended for a housing development

associated with the proposed Tocks

Island Dam prior to the establishment of

Delaware Water Gap National

Recreation Area in 1965.

On April 2, 1987, the NPS published

revised regulations in the Federal

Register amending 36 CFR part 4 which,

among other regulations, states that

‘‘(T)he use of a bicycle is prohibited

except on park roads, in parking areas

and on routes designated for bicycle

use’’ (52 FR 10670). This regulation,

found at 36 CFR 4.30, requires that such

designation be made only after ‘‘a

written determination that such use is

consistent with the protection of a park

area’s natural, scenic and aesthetic

values, safety considerations and

management objectives and will not

disturb wildlife or park resources’’ (36

CFR 4.30(a)). This regulation further

requires that, ‘‘except for routes
60816 Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Proposed Rules

designated in developed areas and

special use zones, routes designated for

bicycle use shall be promulgated as

special regulations’’ (36 CFR 4.30(b)).

The trails and former roads in the

Blue Mountain Lakes area of the park

are proposed for designation as open to

bicycle use. These trails will not

adversely impact other park users such

as hikers and hunters, nor the park’s

natural and cultural resources.

Currently, approximately eleven miles

of trail and former road in the Blue

Mountain Lakes area are recommended

for bicycle trail use. All have suitable

width and visibility and can be

adequately maintained for multiple

uses, including bicycling. This same

trail network is also designated as a

cross country ski trail during the winter

months when snow covered.

Any additional trails, other than those

in the Blue Mountain Lakes area, will be

permitted on routes in developed areas

and special use zones which have been

designated by the Superintendent by the

posting of signs and as designated on

maps which will be available in the

office of the superintendent and at other

places convenient to the public. Further,

the authority of the Superintendent to

‘‘impose public use limits, or close all

or a portion’’ of a designated trail

according to the criteria at 36 CFR 1.5

is not restricted by this rule.

Climbing Registration

The present regulation concerning

mandatory registration for technical

rock climbing at Delaware Water Gap

National Recreation Area is codified at

36 CFR 7.71(c)(2). Mandatory

registration of technical rock climbing

activities was instituted at Delaware

Water Gap in 1976. This regulation was

intended to promote safety by educating

climbers, especially novice or new

climbers to the area about safety

hazards, to provide climbers with the

location and difficulty of climbing

routes, and to provide climbers with

procedures to follow in the event of an

emergency. A check-in and check-out

system that would activate a search and

rescue effort for overdue climbers was

also implemented.

Although many climbers register, just

as many climbers do not, especially

those climbing at locations not in the

immediate vicinity of the Kittatinny

Point Visitor Center where registration

occurs. In most instances, climbers do

not receive good practical information

about the climbing area, because the

rangers on duty at the visitor center are

often not climbers and are often not

familiar with the routes or with specific

climbing hazards. Too often, the only

information climbers receive at the

visitor center is a climbing safety

handout. The check-in and check-out

portion of the registration system has

failed to provide a timely method to

insure that all climbers have safely

completed their climbs. There have

been no documented cases of lives

saved as a result of the check-in and

check-out registration system.

Many NPS areas with significant rock

climbing activity such as Joshua Tree,

Rocky Mountain and Yosemite National

Parks do not require climbers to register

and have not experienced any adverse

results. Denali National Park revised its

mandatory climbing registration

regulation in 1996. With the deletion of

this park specific regulation, it will be

the climbing party’s responsibility to

insure that responsible friends or

relatives are advised of where they will

be climbing, what kind of equipment

they will use, the experience level of the

climbers and when they expect to

complete the climb and return.

Public Participation

It is the policy of the Department of

Interior, whenever practicable, to afford

the public an opportunity to participate

in the rule making process. Accordingly,

interested persons may submit written

comments regarding this proposed rule

to the address noted at the beginning of

this rulemaking. The NPS will review

all comments and consider making

changes to the rule based upon analysis

of the comments.

Drafting Information

The primary authors of this rule

making are Wayne Valentine, Kittatinny

Subdistrict Ranger, Robert Wilson, Law

Enforcement Specialist, both of

Delaware Water Gap National

Recreation Area, and Dennis Burnett,

Washington Office of Ranger Activities,

National Park Service.

Paperwork Reduction Act

This rulemaking 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 negligible.

NPS has determined and certifies

pursuant to the Unfunded Mandates

Reform Act, 2 U.S.C. 1502 et seq., that

this rule will not impose a cost of $100

million or more in any given year on

local, State or tribal governments or

private entities.

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

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, this

rulemaking 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

nor an Environmental Impact Statement

has been prepared.

List of Subjects in 36 CFR Part 7

District of Columbia, National parks,

Reporting and recordkeeping

requirements.

In consideration of the foregoing, 36

CFR Chapter I is proposed to be

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 7.71 is amended by revising

paragraph (c) to read as follows:

§ 7.71 Delaware Water Gap National

Recreation Area.

* * * * *

(c) Designated bicycle routes. The use

of a bicycle is permitted according to

§ 4.30 of this chapter and, in

nondeveloped areas, as follows: Bicycle

use is permitted on trails and former

roads in the Blue Mountain Lakes area

of the park which have been designated

by the Superintendent as bicycle routes

by the posting of signs, and as

designated on maps which are available

in the office of the Superintendent and

other places convenient to the public.

* * * * *
Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Proposed Rules 60817

Date: August 26, 1997.

William Leary,

Acting Deputy Assistant Secretary for Fish

and Wildlife and Parks.

[FR Doc. 97–29776 Filed 11–12–97; 8:45 am]

BILLING CODE 4310–70–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[FL–70–9738b; FRL–5920–4]

Approval and Promulgation of State

Plans For Designated Facilities and

Pollutants: Florida

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to approve the

Section 111(d)/129 State Plan submitted

by Florida on November 18, 1996. The

State Plan was submitted by Florida to

satisfy certain Federal Clean Air Act

requirements. In the Final Rules Section

of this Federal Register, EPA is

approving the State’s Plan submittal as

a direct final rule without prior proposal

because the Agency views this as a

noncontroversial submittal and

anticipates that it will not receive any

significant, material, and adverse

comments. A detailed rationale for the

approval is set forth in the direct final

rule and incorporated by reference

herein. If no significant, material, and

adverse comments are received in

response to this proposed rule, no

further activity is contemplated in

relation to this proposed rule. If EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. EPA will

not institute a second comment period

on this action.

DATES: Comments on this proposed rule

must be received in writing by

December 15, 1997.

ADDRESSES: Written comments should

be addressed to Joey LeVasseur at the

EPA Regional Office listed below.

Copies of the documents relevant to this

proposed rule are available for public

inspection during normal business

hours at the following locations. The

interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the day of the

visit.

Environmental Protection Agency,

Region 4, Air and Radiation

Technology Branch, 61 Forsyth Street,

SW, Atlanta, Georgia 30303–3104.

Florida Department of Environmental

Protection, Air Resources

Management Division, Twin Towers

Office Building, 2600 Blair Stone

Road, Tallahassee, Florida 32399–

2400.

FOR FURTHER INFORMATION CONTACT:

Scott Davis at 404/562–9127 or Joey

LeVasseur at 404/562–9035.

SUPPLEMENTARY INFORMATION: See the

information provided in the Direct Final

action which is located in the Rules

Section of this Federal Register and

incorporated by reference herein.

Dated: October 15, 1997.

A. Stanley Meiburg,

Acting Regional Administrator.

[FR Doc. 97–29859 Filed 11–12–97; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 350

Public Meeting To Discuss the

Development of Functional

Specifications for Performance-Based

Brake Testers Used To Inspect

Commercial Motor Vehicles

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Notice of public meeting.

SUMMARY: The FHWA is announcing a

public meeting to discuss the

development of functional

specifications for performance-based

brake testing machines purchased with

Federal funds through the FHWA’s

Motor Carrier Safety Assistance Program

(MCSAP). The FHWA is nearing the

completion of a multi-year research

program to evaluate prototype

performance-based brake testing

technologies, including roller

dynamometers, flat-plate brake testers,

and breakaway torque brake testers. The

agency has determined that certain

performance-based brake testing

machines are eligible for funding under

MCSAP but only as screening and

sorting devices in commercial vehicle

inspections. The purpose of the public

meeting is to discuss the establishment

of generic functional specifications that

would be applicable to a range of brake

testing technologies. The functional

specifications would serve as guidelines

for the States to use in determining

whether the purchase of a specific brake

tester would be an eligible expense

under the MCSAP.

DATES: The meeting will be held on

December 8, 1997. The meeting will

begin at 9:00 a.m. and end at 4:00 p.m.

The meeting will include a presentation

of the results to date from the brake

tester evaluation program and a review

of preliminary functional specifications.

ADDRESSES: The meeting will be held at

the National Highway Traffic Safety

Administration’s (NHTSA) Vehicle

Research and Test Center in East

Liberty, Ohio.

FOR FURTHER INFORMATION CONTACT: Mr.

Larry W. Minor, Vehicle and Operations

Division, Office of Motor Carrier

Research and Standards, (202) 366–

4009; Mr. Steve Keppler, Intelligent

Transportation Systems—Commercial

Vehicle Operations Division, Office of

Motor Carrier Safety and Technology,

(202) 366–0950; or Mr. Paul Alexander,

State Programs Division, Office of Motor

Carrier Safety and Technology (202)

366–9579, Federal Highway

Administration, 400 Seventh Street,

SW., Washington, D. C. 20590. Office

hours are from 7:45 a.m. to 4:15 p.m.,

e.t., Monday through Friday, except

Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

In 1993, the FHWA initiated a

research program to evaluate various

performance-based brake testing

technologies for use on commercial

motor vehicles. The purpose of the

program was to determine, through

field-test data collection, if

performance-based brake inspection

technologies could improve or assist

with the throughput and accuracy of the

current inspection techniques which

involve visual examination of

components, measurement of push-rod

travel on air-braked vehicles, and

listening for air leaks. Following the

completion of the first task of the

program, in which various performancebased technologies were analyzed,

several of the systems were selected for

evaluation in a roadside field-test

inspection program.

During the field tests, inspections

were performed using both visual and

performance-based methods to compare

their ability to detect vehicle brake

defects. In particular, a Commercial

Vehicle Safety Alliance Level 4

inspection (consisting of the brake and

tire portion of a Level 1 inspection) was

conducted in addition to a performancebased brake test. The dual inspections

were performed by State officials in

each of eight States that volunteered to

participate in the field test program.

The data collected from these dual

inspections were tabulated and