[Federal Register Volume 62, Number 219 (Thursday, November 13, 1997)]
[Proposed Rules]
[Pages 60815-60817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29776]


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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.

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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

[[Page 60816]]

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:


Sec. 7.71  Delaware Water Gap National Recreation Area.

* * * * *
    (c) Designated bicycle routes. The use of a bicycle is permitted 
according to Sec. 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.
* * * * *

[[Page 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