13654 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules

conditions (when the river gauge

indicates 5.9 feet or less), the proposed

extended periods when the bridges need

not open for the passage of vessels will

apply to both commercial and

noncommercial vessels.

Regulatory Evaluation

This proposal is not a significant

action under section 3(f) of Executive

Order 12866 and does not require an

assessment of potential costs and

benefits under section 6(a)(3) of that

order. It has been exempted form review

by the Office of Management and

Budget under that order. It is not

significant under the regulatory policies

and procedures of the Department of

Transportation (DOT) (44 FR 11040;

February 26, 1979).

The Coast Guard expects the

economic impact of this proposal to be

so minimal that a full regulatory

evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. Most waterway

traffic can be accommodated by the

alternate fixed span channel. For the

benefit of commercial vessels, the

proposed rule would revert to its

previous, less-restrictive form when the

vertical clearance under the alternate

fixed span was less than 52 feet.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this proposal

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ include

independently owned and operated

small businesses that are not dominant

in their field and that otherwise qualify

as ‘‘small business concerns’’ under

section 3 of the Small Business Act (15

U.S.C. 632). Because the impacts of this

proposal are expected to be minimal,

the Coast Guard certifies under section

605(b) of the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.) that this proposal

will not have a significant impact on a

substantial number of small entities.

Federalism

The Coast Guard has analyzed this

action in accordance with the principles

and criteria contained in Executive

Order 12612 and has determined that

this proposal does not have sufficient

federalism implications to warrant the

preparation of a federalism assessment.

Environment

The Coast Guard considered the

environmental impact of this proposed

regulation and concluded that, under

paragraph 2.B.2 of Commandant

Instruction M16475.1B (as revised by 59

FR 38654; July 29, 1994), this proposed

regulation is categorically excluded

from further environmental

documentation. An environmental

checklist and categorical exclusion

determination have been completed for

this proposed action and have been

included in the rulemaking docket.

List of Subjects in 33 CFR Part 117

Bridges.

Proposed Regulations

For the reasons set out in the

preamble, the Coast Guard proposes to

amend Part 117 of Title 33, Code of

Federal Regulations as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for Part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. In § 117.869, paragraph (a) is

revised to read as follows:

§ 117.869 Columbia River.

(a) The draws of the Interstate 5

highway bridge, mile 106.5, between

Portland, OR, and Vancouver, WA, shall

open on signal, except that:

(1) When the river gauge at the bridge

indicates 6.0 feet, or more, as

determined by the drawtender on duty,

the draws need not open for the passage

of commercial vessels from 6:30 a.m. to

8:00 a.m. and from 3:30 p.m. to 6:00

p.m. Monday through Friday, except

Federal holidays, and for all other

vessels the draws need not open from

5:30 a.m. to 9:00 a.m. and from 2:30

p.m. to 6:00 p.m. Monday through

Friday, except Federal holidays.

(2) When the river gauge at the bridge

indicates 5.9 feet, or less, as determined

by the drawtender on duty, the draws

need not open for the passage of any

vessels from 5:30 a.m. to 9:00 a.m. and

from 2:30 p.m. to 6:00 p.m. Monday

through Friday, except Federal holidays.

* * * * *

Dated: February 28, 1995.

John A. Pierson,

Captain, U.S. Coast Guard, Commander, 13th

Coast Guard District, Acting.

[FR Doc. 95–6152 Filed 3–13–95; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF DEFENSE

Department of the Army

Corp of Engineers

33 CFR Parts 320, 325 and 333

Wetland Delineator Certification

Program

AGENCY: Army Corps of Engineers, DOD.

ACTION: Proposed rule.

SUMMARY: The U.S. Army Corps of

Engineers (Corps) is establishing a

program for the training and

certification of individuals as wetland

delineators. The intent of the Wetland

Delineator Certification Program

(WDCP) is: (1) To improve the quality

and consistency of wetland delineations

submitted to the Corps, and (2) to

streamline the regulatory process by

developing procedures for expediting

review and consideration of

delineations submitted by certified

delineators. We are publishing this

proposed rule today to provide the

public the opportunity to assist us in the

development of the WDCP.

DATES: Written comments must be

submitted on or before April 13, 1995.

ADDRESSES: Written comments must be

submitted to: The Chief of Engineers,

United States Army Corps of Engineers.

ATTN: Ms. Karen Kochenbach, CECW–

OR, Washington, DC 20314–1000.

FOR FURTHER INFORMATION CONTACT: Ms.

Karen Kochenbach or Mr. Sam

Collinson at the Office of the Chief of

Engineers at (202) 272–0199.

SUPPLEMENTARY INFORMATION:

Background

The Corps regulates activities

involving the discharge of dredged or

fill material into waters of the United

States, including wetlands, pursuant to

Section 404 of the Clean Water Act

(CWA). In accordance with Section

307(e) of the Water Resources

Development Act of 1990 (WRDA 90),

the Corps is establishing the WDCP.

Section 307 (e) of WRDA 90 authorizes

the Secretary of the Army to establish a

program for the training and

certification of individuals as wetland

delineators. Pursuant to this authority,

the Corps conducted demonstration

projects in the Baltimore, Jacksonville,

and Seattle districts.

The Wetland Delineator Certification

Program (WDCP) was initially

announced in the Federal Register on

December 30, 1992 (57 FR 62312). This

notice introduced the WDCP and

provided specifics on participation in

the three demonstration projects. On
Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13655

April 16, 1993, we published a second

announcement in the Federal Register

(58 FR 19806) concerning the

availability of draft training materials

developed for the WDCP. Corps districts

nationwide issued public notices

concurrently with these notices, and

numerous publications chose to include

brief articles in their professional

journals on the WDCP.

The concept of providing expedited

acceptance of wetland delineations by

consultants and contractors similar to

the goals of the WDCP has previously

been informally implemented by a few

Corps districts on a limited basis. In

those cases, the Corps districts

established informal procedures for

expeditious review and acceptance of

wetland delineations performed by

qualified individuals. Like those

informal approaches, there will be no

requirement for wetland delineators to

be certified under the WDCP in order to

submit wetland delineations to the

Corps; however, the Corps will handle

wetland delineations performed by

wetland delineators it has certified more

expeditiously. Corps districts will retain

discretion regarding the acceptance of

wetland delineations, including those

accomplished by certified delineators.

The WDCP will affect the Corps’, U.S.

Environmental Protection Agency’s

(EPA), or U.S. Department of

Agriculture Natural Resources

Conservation Service’s (NRCS, formerly

the Soil Conservation Service (SCS))

authority to determine jurisdiction for

purposes of Section 404 of the CWA, but

is intended to provide expedited service

to the public, while improving the

accuracy and consistency of wetland

delineations submitted to the Corps by

consultants and contractors. The

development of this program is also a

component of the Administration’s

August 24, 1993 Wetlands Plan entitled

‘‘Protecting America’s Wetlands: A Fair,

Flexible, and Effective Approach.’’

Wetland Delineation Manual

The four Federal agencies responsible

for making wetland delineations (i.e.,

the Corps, EPA, NRCS, and the U.S.

Department of Interior Fish and Wildlife

Service (FWS) currently utilize the 1987

Corps of Engineers Wetland Delineation

Manual (1987 Manual) for identifying

and delineating wetlands for purposes

of Section 404 of the CWA. As noted in

the Administration’s Wetlands Plan, the

agencies will continue to use the 1987

Manual pending completion of an ongoing study of the National Academy of

Sciences (NAS) Committee on Wetlands

Characterization. The four Federal

agencies noted above will review the

results of the NAS study, which is

scheduled for completion at the end of

1994, and determine if modifications to

the 1987 Manual are necessary.

Certification under the WDCP will be

based on demonstrated abilities for

delineating wetlands using the current

Federal wetland delineation

methodology in use at the time of

certification.

Copies of the 1987 Manual are

available from the National Technical

Information Service (NTIS), 5285 Port

Royal Road, Attn: Order Department,

Springfield, Virginia 22171. Document

#ADA 176 734, Phone #(703) 487–4650.

Copies of the supplemental guidance

issued by the Corps concerning use of

the 1987 Manual (i.e., the October 7,

1991, Questions and Answers, and the

March 6, 1992, Clarification and

Interpretation memorandum) as well as

the Administration’s Wetlands Plan of

August 24, 1993, may be obtained by

contacting the Regulatory Branch of

your local Corps district, the EPA

Wetlands Hotline at (800) 832–7828, or

the Regulatory Branch of Corps

Headquarters (Office of the Chief of

Engineers) at (202) 272–0199.

Current Practices/Past Problems

On the average, the Corps makes a

total of 30,000 jurisdictional

determinations a year, many of which

involve wetlands subject to regulation

under Section 404 of the CWA.

Jurisdictional determinations are

determinations that a wetland and/or

waterbody is subject to regulatory

jurisdiction under Section 404 of the

Clean Water Act or Sections 9 and 10 of

the Rivers and Harbors Act of 1899.

While the Corps will conduct a wetland

delineation if requested to do so, many

applicants choose to hire the services of

a consulting firm to perform wetland

delineations on their behalf. Because of

delineation backlogs in many Corps

districts, this approach can expedite the

wetland delineation review process.

However, the Corps routinely receives

inaccurate and inconsistent wetland

delineations from applicants and/or

their representatives which nessitate

modification(s) or redelineation(s).

When this occurs, the Corps must spend

a greater amount of time in making a

determination of wetlands jurisdiction.

By relying more on private sector

delineations the Corps will be able to

more efficiently utilize its limited staff

for permit evaluations and compliance.

Although many districts have internal

procedures currently in use to

determine competent wetland

delineators, the Corps has not had one

uniform process for evaluating the

demonstrated competence of wetland

delineators during its review of wetland

delineations. It has been our experience

that wetland delineators who are

properly trained and experienced in the

current Federal wetland delineation

methodology perform wetland

delineations that are more accurate and

consistent. Consequently, these

delineations require the Corps to spend

less time reviewing them for accuracy.

These time savings are vital because

Corps districts spend a considerable

amount of resources reviewing and

performing wetland delineations,

whether delineations are made on-site

(based on a site visit) or off-site (based

on an office determination utilizing

exiting available information, such as

National Wetlands Inventory maps and

aerial photography).

We are aware that application of any

wetland delineation methodology by

persons who lack the requisite scientific

and technical knowledge, has the

potential to result in inaccurate or

inconsistent wetland delineations.

However, we anticipate that wetland

delineations performed by certified

delineators will be of higher quality and

greater consistency, thereby allowing for

an expedited wetland delineation

review process.

Other organizations have or will be

developing certification programs in

wetland science (e.g., the Society of

Wetland Scientists), and several States

are also considering implementing

certification programs related to

wetlands. The WDCP is a separate and

distinct program for wetland delineators

who perform and submit wetland

delineations to the Corps, and has no

relationship to, nor reciprocity with,

other certification programs currently in

existence.

Federal Government Certification

The four Federal agencies primarily

involved in wetland delineations and

Section 404 of the CWA (i.e., Corps,

EPA, FWS, and NRCS) have participated

in interagency wetland delineation

training since 1989. The Corps manages

this training, and experienced

delineators from the four agencies serve

as instructors. The course is

continuously revised as necessary to

ensure that Federal agency personnel

are presented with the current Federal

wetland delineation methodologies.

Additionally, Corps, EPA, FWS, and

NRCS wetland delineators receive onthe-job training and gain valuable field

experience during the daily

implementation of their wetland

programs. The agencies recognize the

need to ensure that employees who

perform and/or verify wetland

delineation possess the necessary

training experience. To facilitate the
13656 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules

goal of consistency in the identification

and delineation of wetlands, the Corps

continues to work with EPA, NRCS, and

FWS to improve its training programs

and field staff capabilities, as included

in the Administration’s Wetlands Plan.

The Corps, based on these proposed

regulations, will require completion of

the interagency wetland delineation

training course (i.e., Regulatory IV), in

addition to two (2) years experience and

an internal evaluation of knowledge and

abilities of its field staff responsible for

making jurisdictional determinations in

wetlands, equivalent to the

requirements of certified delineators.

Consistent with the intent of the WDCP,

Federal agencies which submit wetland

delineations to the Corps (e.g., the

Federal Highway Administration), may

benefit from being certified by the Corps

through the WDCP.

Demonstration Program

The purpose of the demonstration

program of the WDCP was to determine

the appropriate level of wetland

delineation capabilities which should

be required of individuals in order to

receive expedited review and

consideration of their wetland

delineations by the Corps. In addition,

the demonstration program was used to

test draft written tests and field

practicums, assess individuals’ wetland

delineation capabilities, and receive

feedback on the training package

designed for use by certified wetland

delineators in the training of others in

the current Federal wetland delineation

methodologies. Provisional certification

was awarded to those WDCP

participants successfully completing the

two-part test, pending the adoption of

final regulations that will result from

the evaluation of comments received on

the regulation proposed today.

The WDCP demonstration program

involved projects in three Corps

districts, and began in March, 1993. The

WDCP was initially announced

December 30, 1992 in the Federal

Register, in addition to district public

notices. The projects took place in the

States of: Washington, Maryland, and

Florida, administered by the Seattle,

Baltimore, and Jacksonville Districts,

respectively, although participation was

not limited to applicants within the

districts’ boundaries. Applications for

provisional certification are no longer

being accepted; districts have completed

the testing and evaluation of over 200

WDCP applicants. There were no

prerequisites nor fees charged for

participation in the demonstration

projects. Because we believe that

provisionally certified individuals have

demonstrated adequate wetland

delineation knowledge and ability, it is

our intention to consider provisionally

certified individuals as certified

wetland delineators under the final

WDCP, pending adoption of these

regulations. The provisional

certifications will remain valid until a

final rule is adopted for the WDCP.

Written Test

The written tests used by the three

demonstration districts were developed

from the pool of questions used in the

Federal interagency wetland delineation

training (Regulatory IV), and are based

on the current Federal wetland

delineation methodology (i.e., the 1987

Manual), related technical guidance,

and other wetland concepts covered in

the Regulatory IV training (e.g., soil

taxonomy). Each demonstration district

prepared a written test from the pool of

these multiple choice questions. Over

the years, the Corps has added, deleted,

and/or modified questions in the pool

used in its wetland delineation training

to remain consistent with the current

Federal wetland delineation

methodology. The passing score for the

written exam administered during the

demonstration projects was 80%. We

believe that proper training is essential

to the competency of wetland

delineators, and the Corps tests are

designed to evaluate such training. We

invite comments on this testing

approach, as well as comments on the

tests, from those who have participated

in the demonstration program. We

intend to standardize the written tests

for administration nationwide in the

final WDCP.

Field Practicum

A field practicum was also

administered by the demonstration

districts to those who successfully

completed the written test. Like the

written test, the field practicum

required WDCP applicants to have an

understanding of the three parameters

used in wetlands delineation (i.e.,

hydrophytic vegetation, hydric soils,

and wetland hydrology), and the

procedures utilized to assess these

characteristics consistent with the 1987

Manual. During the field practicums,

participants were required to document

the presence or absence of field

indicators for each of the three

parameters by using data sheets to

record field observations, and by

providing written explanations

supporting their conclusions. Eighty

percent (80%) was also the passing

score for the field practicum. We believe

that WDCP field practicums must be

procedurally and fundamentally the

same from Corps district to Corps

district, and will standardize the

practicum used during the

demonstration phase prior to

nationwide implementation.

Administration of the field practicum

during the demonstration program was

influenced to some degree by the

weather (e.g., snow in Baltimore in

March). We welcome comments on the

consideration of limiting these tests to

the time period as determined by

appropriate by the districts, for

example, the local growing season.

Comments on the field practicum are

requested from those individuals who

participated in the demonstration

program, and any recommendations for

modifications or other procedures that

can be consistently administered in all

districts will be considered.

Results

Results of the demonstration program

are provided in Table 1 below. Overall,

more than 3,000 WDCP information/

application packages were mailed to

prospective applicants by the three

demonstration districts in response to

public requests. Over 1500 applications

were submitted, and all were provided

the opportunity to take the written

exam. Of the more than 900 that did so,

fewer than 400 WDCP applicants passed

the written test. All of the individuals

who passed the written test took the

field practicum, and over 85% passed.

Currently there are almost 350

provisionally certified wetland

delineators nationwide. Until

certification is defined through the

adoption of final regulations, and

individuals are certified under the final

WDCP, the names of provisionally

certified individuals will not be released

by the Corps.

TABLE 1.—SUMMARY OF WDCP DEMONSTRATION PROGRAM RESULTS

No. of individuals Baltimore Jacksonville Seattle Totals

Applied for participation .................................................................................... 496 501 642 1,639

Took written test ............................................................................................... 386 347 174 907

Passed written test ........................................................................................... 184 (48%) 148 (43%) 61 (35%) 393 (43%)
Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13657

TABLE 1.—SUMMARY OF WDCP DEMONSTRATION PROGRAM RESULTS—Continued

No. of individuals Baltimore Jacksonville Seattle Totals

Took field practicum ......................................................................................... 184 148 61 393

Passed field practicum ..................................................................................... 152 (82%) 148 (100%) 49 (80%) 349 (88%)

Provisionally certified ........................................................................................ 152 148 49 349 (38%)

Training

A certificate of training in the current

Federal wetland delineation

methodology, signed by a certified

wetland delineator, would be a

mandatory prerequisite for all WDCP

applicants. Prior to the adoption of final

regulations based on today’s proposal,

individuals may satisfy this future

prerequisite by obtaining a certificate

verifying completion of wetland

delineation training in the current

Federal wetland delineation

methodology from an instructor

utilizing the Corps 1993 WDCP draft

training package. The availability of the

draft training package developed for the

WDCP, was announced in the Federal

Register on April 16, 1993 (58 FR

19806). Copies were distributed free of

charge by the Corps Wetlands Research

and Technology Center (WRTC) at the

Waterways Experiment Station (WES) in

Vicksburg, MS. A limited number of

copies may still be available by calling

the WRTC at (601) 634–4217. An

evaluation of the draft WDCP training

package is being conducted by the

Corps, and a revised training package

will be developed for future use.

A list of potential training sources

available to the public through private

and academic institutions, is available

from the Regulatory Branch of your

local Corps district office or the Office

of the Chief of Engineers in Washington,

D.C. A certificate of completion of the

WDCP wetland delineation training

would be issued by the training source

and required by the Corps for

participation in the final WDCP. At this

time, training may be provided by

individuals who have received the

training materials, regardless of whether

or not they are provisionally certified by

the Corps. However, after the adoption

of final regulations for the WDCP, all

training intended to meet this

prerequisite must be provided by a

wetland delineator certified under the

final WDCP. It is the responsibility of

the individual seeking certification by

the Corps under the WDCP to ensure

that the training meets the training

prerequisite (i.e., that the training is

provided by a certified wetland

delineator).

The Corps will keep certified

delineators and trainers abreast of

modifications and updates to the

training materials, and will provide lists

of training sources offering the WDCP

training. After a final WDCP is adopted,

all districts will maintain lists of both

certified wetland delineators as well as

those who provide the requisite

training, and will make these lists

available to the public, as proposed in

these regulations.

The Wetland Delineation Certification

Program (WDCP)

The WDCP would require applicants

to: (1) satisfy certain prerequisites and

(2) pass a two-part test.

Prerequisites

Prerequisites for entrance into the

WDCP would consist of: (1) Training in

the current Federal wetland delineation

methodology, and (2) two (2) years of

professional experience in wetlands

delineation. We feel training should

consist of a combination of classroom

and field training specifically in the

current Federal wetland delineation

methodology. Training must be

conducted by an individual certified by

the Corp, and should consist of a

minimum of 36 hours of instruction,

consistent with the training required of

Corps, EPA, NRCS (formerly the SCS),

and FWS Federal agency staff who

delineate wetlands for purposes of

Section 404 of the Clean Water Act.

Comments are requested on alternative

training mechanisms which provide

greater flexibility to potential WDCP

applicants. For example, comment is

solicited in the use of videotape or athome study for the delivery of the

training material. One such alternative

would allow individuals to study course

materials at home, and then spend one

or two days at a training program

facility to receive hands-on instruction

and to take the course exam. This

alternative would help to reduce travel

expenses, may lower tuition costs, and

would reduce the time that a trainee

would have to miss work. The Corps is

concerned, however, that non-classroom

oriented instructional methods may not

provide training of a quality equivalent

to classroom instruction. Comments on

the impact of quality resulting from the

alternative training methods taking into

account the requirement for hands-on

training, course test, and third party

exam, are specifically sought as a part

of this proposal. To satisfy the

experience requirement, WDCP

applicants should have a minimum of 2

years experience delineating wetlands

for Federal, State, tribal or local

governments, or the private sector. The

WDCP applicant would have to supply

references of employers, including

telephone numbers for verification

purposes, of references who can attest as

to the WDCP applicant’s assertions

regarding experience. The Corps

reserves the right to check a WDCP

applicant’s documented prerequisites.

We welcome comments on alternative

approaches of satisfying the experience

requirement, such as documentation

that a minimum number of wetland

delineations were accepted by the Corps

prior to certification. Acceptance into

the WDCP (i.e., meeting all

prerequisites) does not guarantee

certification. Applications for

certification must be accompanied by

documentation (e.g., training certificate)

that an individual meets all

prerequisites. We welcome comments

on the proposed prerequisites, as well as

suggestions for other options.

Tests

Generally, WDCP applicants would

submit a WDCP application form (to be

developed for the final WDCP) to the

appropriate district, where it would be

considered in accordance with the final

regulations. Qualified WDCP applicants

would be notified of the next available

test date. Testing will include a

standardized written examination for

nationwide use, which must be passed

before applicants proceed to the field

practicum. Based on the response to the

demonstration projects, we are

proposing to offer the national written

test sessions in all Corps districts on the

same date each month for the first three

months of nationwide implementation

of the WDCP and quarterly thereafter.

Field practicums will be scheduled

based on need (i.e., the number of

WDCP applicants which have first

passed the written test). The field

practicums may vary slightly between

divisions (the proposed geographic

limits of the validity of certifications

made at the district level), based on

regional differences such as growing

season, wetland type, and some field
13658 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules

indicators, however, the field practicum

procedure will be identical nationwide.

Comments on the appropriate

procedures and frequency of the field

testing, particularly from individuals

who participated in the demonstration

program, would be helpful. We are

proposing to limit the number of

opportunities to retake the tests without

the benefit of additional training. WDCP

applicants who fail either the written or

the field test are encouraged to obtain

additional training and/or experience

prior to retesting.

Certification

Upon successful completion of the

prerequisites and testing requirements,

the district would award a certification

to the applicant by mail. Certified

wetland delineators would be required

to include a signed statement with all

wetland delineations submitted to the

Corps, verifying that the information has

been developed in accordance with the

current Federal wetland delineation

methodology, and is subject to legal

penalties related to false information as

provided for in 18 U.S.C. Section 1001

(18 U.S.C. Section 1001 provides that:

Whoever, in any manner within the

jurisdiction of any department or agency

of the United States knowingly and

willfully falsifies, conceals, or covers up

by any trick, scheme or device a

material fact or makes any false,

fictitious, or fraudulent statements or

representations or makes or uses any

false writing or document knowing the

same to contain any false, fictitious, or

fraudulent statements or entry, shall be

fined not more than $10,000 or

imprisoned not more than five years, or

both.) Certified wetland delineators

would be contacted by the Corps as to

the completeness and accuracy of the

wetland delineation submitted within

30 days if submitted in conjunction

with a permit application, or 60 days if

not (see 325.2(c)). Expedited review

associated with wetland delineations

submitted by certified wetland

delineators does not guarantee shorter

permit processing times, which will be

the subject of a future rulemaking action

related to the Administration’s Plan.

The issuance of a certification does not

create or grant any property interest or

right for the certified wetland

delineator, nor does it create any rights

for an individual relying upon a

wetland delineation made by a certified

wetland delineator, but is intended to

facilitate the determination of

jurisdiction by the Corps.

Validity of Certifications

Comments are requested on our

intention to consider provisional

certifications issued by the

demonstration districts valid as final

certifications after the WDCP is

implemented nationwide. Comments

are also requested on the option of

considering certifications (provisional

as well as final) valid in a broader

geographic area than the administering

district’s regulatory boundaries. While

we are proposing that certifications be

issued by districts and considered valid

within the Corps Division in which the

district exists, we invite comments on

other options (e.g., nationwide). In

addition, we invite comments on the

need to further limit the validity of

certifications in exceptional situations

involving unique geographic areas. For

example, it may be determined

appropriate for certifications within

Divisions which include entities such as

Alaska, Hawaii, Puerto Rico, and

America Samoa, etc., to limit the

validity of certification to a smaller

geographic area. Certifications would

remain valid for a period of five (5)

years; therefore recertification would

generally be necessary once every 5

years. Certifications would be subject to

suspension or revocation procedures

(see Section 333.7) based on repeated

poor performance and/or submittal of

inaccurate wetland delineations by

certified wetland delineators.

Costs

During the early years of the WDCP,

costs to the Corps of administering the

program will likely exceed the savings

in reduced staffing needs associated

with verifying wetland delineations.

These costs were monitored during the

demonstration program to assess the

effect on budget and manpower

allowances. The costs incurred by the

demonstration districts were, as

expected, greater than the costs

anticipated during nationwide

implementation due to the WDCP

developmental responsibilities required

of these districts.

Although the WDCP require the

expenditure of a portion of the

regulatory budget for several years, we

are not proposing to assess a fee for

certification. WDCP applicants will

have incurred some costs associated

with satisfaction of the training

prerequisites of the program. In

addition, it will be necessary for

certified wetland delineators to keep

certifications current with the most

recent Federal wetland delineation

methodology. Nonetheless, comments

are requested on the issue of fees

associated with the WDCP, such as

where fees should be charged and why,

and what should be the basis for such

fees. Although we expect Federal costs

associated with nationwide

implementation of the WDCP to be

higher initially, we are confident that

Federal labor costs will be reduced over

the life of the program.

Benefits

The Corps, permit applicants, and the

public will benefit from the improved

quality and consistency of wetland

delineations the Corps receives from

certified wetland delineators. The

public will benefit from the expedited

review and consideration of wetland

delineations by certified wetland

delineators by the Corps. We believe

that the program will result in better

service to the public by both the Corps

and private sector wetland delineators.

It is anticipated that both the Corps and

the public will have greater certainty in

consultants’ or contractors’ wetland

delineations as a result of the WDCP.

Benefits are expected to increase each

year.

Proposed Changes

33 CFR 320.3(p)—Related Laws

We are proposing to add Section

307(e) of the Water Resources

Development Act of 1990 authorizing

the WDCP to the related laws section.

33 CFR 325.2(c)—Wetland Delineations

Submitted by Certified Delineators

We are proposing procedures,

requirements, and timeframes to

provide for expedited review of wetland

delineations submitted by certified

delineators as required by Section

307(e) of the Water Resources

Development Act of 1990.

33 CFR 333—Wetland Delineator

Certification Program

We are adding a new part to

implement the WDCP. Section 333.1

Purpose and Section 333.2 General

provide a statement of purpose and an

overview of the WDCP.

Section 333.3 Definitions provides

definitions of common terms used in the

WDCP. The proposed terms are

‘‘accuracy determination’’, ‘‘wetland

delineation’’, ‘‘wetland determination’’,

‘‘jurisdictional determination’’,

‘‘certification’’, ‘‘certified wetland

delineator’’, ‘‘expedited review’’,

‘‘suspension’’, ‘‘revocation’’,

‘‘substantial inaccuracies’’, and ‘‘history

of substantial inaccuracies’’. We request

comments on these terms and the need

to define additional terms.

Section 333.4 Certification Process

describes the procedures and

requirements necessary to be certified

under the WDCP. This section includes

a discussion of the mandatory

prerequisites and tests we are proposing
Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13659

to require of wetland delineators in

order to be certified by the Corps.

Section 333.5 Validity of

Certifications provides for the

geographic limits of where a

certification would be considered valid

in order to receive expedited review by

the Corps.

Section 333.6 Recertification

discusses the requirement for an

individual to keep the certification

current in order to receive expedited

review by the Corps. We believe that

certifications should not be valid

indefinitely and are proposing a five (5)

year limit.

Section 333.7 Suspension or

revocation discusses the ability of the

Corps to suspend or revoke an

individual’s certification, if appropriate,

after an opportunity has been provided

by the Corps for the certified delineator

to respond in writing to the District

Engineer’s reasons for suspending or

revoking the certification.

Environmental Documentation

We have made a preliminary

determination that this action does not

constitute a major Federal action

significantly affecting the quality of the

human environment. The WDCP is

intended to improve the quality and

consistency of wetland delineations

reviewed by the Corps, and to expedite

decisions regarding these delineations,

but will have no effect on the outcome

of the jurisdictional determination.

Furthermore, appropriate environmental

documentation is prepared for all

permit decisions on a case-by-case basis.

Executive Order 12866

The Department of the Army has

made a preliminary determination that

these regulations do not contain a major

proposal requiring the preparation of a

regulatory analysis under E.O. 12866.

The Office of Management and Budget

has concurred. In addition, there has

been, and will continue to be,

substantial interagency coordination on

the WDCP to ensure that the interests of

other Federal agencies are considered in

the finalization of regulations for the

WDCP.

The Regulatory Flexibility Act

The Department of the Army,

pursuant to Section 605(b) of the

Regulatory Flexibility Act of 1980, has

made a preliminary determination that

these proposed regulations will not have

a significant impact on a substantial

number of small entities.

Implementation of the WDCP has the

potential to be labor intensive for the

Corps, as was the case during the

demonstration projects. While costs to

the Corps of administering the program

during the early years of the WDCP will

likely exceed the savings in reduced

manpower needs associated with

verifying wetland jurisdictional

determinations, we are confident that

labor costs will be reduced over the life

of the program. These costs were

monitored during the demonstration

program to assess the effect on budget

and manpower allowances, and costs

varies among the three participating

Districts. Although the WDCP will

require the expenditure of a portion of

the regulatory budget for several years,

we do not intend to assess a fee for

certification. WDCP applicants will

already have incurred expenses to

obtain the necessary training as needed

to meet the prerequisites of the program.

In addition, it will be necessary for

certified wetland delineators to keep

certifications current with the most

recent Federal wetland delineation

methodology. We have taken steps,

however, to minimize labor

requirements on Corps districts in the

implementation of the final WDCP. For

example, field practicums will be

standardized and necessary training

provided to the districts, thereby

eliminating the time-consuming

developmental process experienced by

the demonstration districts. Although

we expect costs associated with

nationwide implementation of the

WDCP to be higher initially, we are

confident that Federal labor costs will

be deduced over the life of the program.

Benefits

The Corps, permit applicants, and the

public will benefit from the improved

quality and consistency of wetland

delineations the Corps receives from

certified wetland delineators. The

public will benefit from the expedited

review and consideration of wetland

delineations submitted by certified

wetland delineators by the Corps. We

believe that the program will result in

better service to the public by both the

Corps and private sector wetland

delineators. It is anticipated that both

the Corps and the public will have

greater certainty in consultants’ or

contractors’ wetland delineations as a

result of the WDCP. Benefits are

expected to increase each year.

Note: (1) The terms ‘‘district engineer’’ or

‘‘division engineer’’ should be considered to

be interchangeable until decisions are made

as to the appropriate level of authority for

decisions regarding the WDCP, as set forth in

the final regulations.

List of Subjects

33 CFR Part 320

Environmental Protection,

Intergovernmental relations, Navigation,

Water pollution control, Waterways.

33 CFR Part 325

Administrative practice and

procedure, Intergovernmental relations,

Environmental protection, Navigation,

Water pollution control, Waterways.

33 CFR Part 333

Waterways, Training programs,

Consultants, Reporting and record

keeping requirements.

Dated: March 3, 1995.

John H. Zirschky,

Acting Assistant Secretary of the Army (Civil

Works), Department of the Army.

For the reasons set out in the

preamble, 33 CFR Parts 320 and 325 are

proposed to be amended, and Part 333

is added to read as follows:

33 CFR CHAPTER I—CORPS OF

ENGINEERS, DEPARTMENT OF THE ARMY

PART 320—GENERAL REGULATORY

POLICIES

1. The authority citation for Part 320

continues to read as follows:

Authority: 33 U.S.C. 401 et seq.; 33 U.S.C.

1344; 33 U.S.C. 1413.

2. Section 320.3 is amended by

adding a new paragraph (p) at the end

that reads as follows:

§ 320.3 Related laws.

* * * * *

(p) Water Resources Development Act

of 1990. Pursuant to Section 307(e) of

the Water Resources Development Act

of 1990 (Pub. L. 101–640), the Secretary

of the Army has established a program

for the training and certification of

individuals as wetland delineators for

purposes of submitting wetland

delineations to the Corps. The Wetland

Delineator Certification Program also

includes procedures for expediting

review and consideration of wetland

delineations submitted by wetland

delineators it has certified.

PART 325—PROCESSING

DEPARTMENT OF THE ARMY

PERMITS

3. The authority citation of part 325

continues to read as follows:

Authority: 33 U.S.C. 401 et seq.; 33 U.S.C.

1344; 33 U.S.C. 1413.

4. Paragraph (c) is added to read as

follows:

§ 325.2 Processing of applications.

* * * * *
13660 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules

(c) Wetland delineations submitted by

certified wetland delineators—(1)

General. The Corps intends to give

expedited review to wetland

delineations submitted by certified

wetland delineators, as part of a request

for wetland jurisdictional

determinations.

(2) Contents of wetland delineations.

Certified wetland delineators will

submit wetland delineations to the

appropriate Corps regulatory office

using the following format.

(i) The wetland delineation submittal

will include:

(A)(i) A copy of the wetland

delineator’s certification.

B(i) Drawings, plans and/or surveys,

to scale, showing the acreage and

boundaries of the wetland in the project

area, and

(C) Completed data sheets in support

of the documented wetland boundary.

(ii) In addition, submittals by certified

wetland delineators will include the

name, address and telephone number of

the person designated to receive the

results of the Corps’ accuracy

determination for Corps’ acceptance of

the wetland delineation.

(3) Corps approval. District Engineers

will strive to make a determination of

completeness and accuracy of wetland

delineations submitted by certified

wetland delineators within thirty (30)

calendar days of receipt if they are

accompanied by a permit application,

and sixty (60) calender days if they are

not.

(i) The district engineer’s

determination of completeness and

accuracy of the wetland delineation

submitted by a certified wetland

delineator will be made in writing and

will consist of:

(A) Request for additional information

or corrections needed for the Corps to

make a determination of the accuracy of

the wetland delineation.

(B) Acceptance of the wetland

delineation by the Corps as submitted,

or

(C) Acceptance with minor

modifications identified and made by

the Corps.

(ii) The Corps final acceptance of a

certified wetland delineator’s submittal

will represent the wetland delineation

used in making the jurisdictional

determination, and will remain valid for

a specified period of time consistent

with corps guidance as provided in the

final acceptance document. Resubmittal

of corrected wetland delineations by

certified wetland delineators after an

earlier submission has been determined

to have been incomplete or inaccurate

will be subject to the same time frames

as the initial submittal.

* * * * *

PART 333—WETLAND DELINEATOR

CERTIFICATION PROGRAM

5. Part 333 is added to read as follows:

PART 333—WETLAND DELINEATOR

CERTIFICATION PROGRAM

333.1. Purpose.

333.2. General.

333.3. Definitions.

333.4. Certification Process.

333.5. Validity of certifications.

333.6. Recertification.

333.7. Suspension or revocation of

certifications.

333.8. Maintenance of lists.

Authority: 33 U.S.C. 1344.

§ 333.1 Purpose.

This section prescribes the policies,

procedures, and guidance for

administration of the Wetland

Delineator Certification Program

(WDCP). The purposes of the WDCP are:

(a) To improve the quality and

consistency of wetland delineations

submitted to the Corps either alone or

in conjunction with a permit

application seeking to discharge dredge

or fill material into waters of the United

States, and.

(b) To streamline the regulatory

process through the submittal of

wetland delineations which can be

approved by the Corps in an expedited

manner (see 33 CFR 325.2(c) for a

discussion of the expedited review and

consideration of delineators submitted

by certified wetland delineators).

§ 333.2 General.

The WDCP is a training and

certification program for wetland

delineators who submit wetland

delineations to the Crops. The Corps has

developed a training package for use by

the others (e.g., the private sector, the

academic community, States) in the

current Federal wetland identification

and delineation methodologies. WDCP

applicants receive training from sources

utilizing certified wetland delineators

and the current training materials

developed and provided to them for that

purpose by the Corps for the WDCP. In

addition, the Corps has developed a

process to certify that wetland

delineators have met certain minimum

standards (see § 333.4 below).

Furthermore, the Corps has established

a process to expedite decisions on

wetland delineators submitted by

certified delineators (see § 325.2(c)).

§ 333.3 Definitions.

For purposes of this regulation these

terms are defined as follows:

(a) The term accuracy determination

refers to the process whereby the

District Engineer determines that a

wetland delineation submitted by a

certified wetland delineator is

consistent with the current Federal

wetland delineation methodology. Such

delineations may include some flaws

which the Corps determines are minor

and that can be easily corrected.

(b) The term wetland delineation

means a final Corps of Engineers

delineation, or verification by the Corps

of a delineation submitted by an

applicant or an applicant’s

representative, indicating the acreage

and boundaries of a subject property

that is wetland in accordance with the

current Federal wetland delineation

methodology. Additionally, the term

includes reverification of expired

wetland delineations and reverification

of wetland delineation where new

information has become available that

may effect the final wetland delineation.

(c) The term wetland determination

means a preliminary Corps of Engineers

determination as to whether or not

wetlands exist on a subject property.

(d) The term jurisdictional

determination means a final Corps of

Engineers determination that a wetland

and/or waterbody is subject to

regulatory jurisdiction under Section

404 of the Clean Water Act or a final

Corps determination that a waterbody is

subject to regulatory jurisdiction under

Sections 9 and 10 of the Rivers and

Habors Act of 1899. Additionally, the

term includes reverification of expired

jurisdictional determinations and

reverification of jurisdictional

determinations where new information

has become available that may effect the

final determination.

(e) The term certification refers to the

Corps’ official recognition that an

individual has successfully

demonstrated that he or she is capable

of performing wetland delineations

consistent with the current Federal

wetland delineation methodology in use

at the time of certification.

(f) The term certified wetland

delineator means an individual who has

met all prerequisites and testing

requirements of the Corps of Engineers

wetland delineator certification

program. The certified wetland

delineator is able to submit wetland

delineations to the Corps and receive

expedited review and decisions as to the

completeness and accuracy of the

delineation.

(g) The term expedited review means

that, to the maximum extent possible,
Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13661

District Engineers will make all

determinations as to the completeness

and accuracy of wetland delineations

submitted by certified wetland

delineators within thirty (30) calendar

days of receipt in the case of wetland

delineation requests not associated with

a permit application.

(h) The term suspension means the

temporary removal of a wetland

delineator’s Corps certification, pending

a decision by the District Engineer on

whether a certification should be

revoked.

(i) The term revocation means the

removal of a delineator’s certification

with an optional ban on recertification

for a prescribed revocation period.

(j) The term substantial inaccuracies

means non-minor inaccuracies that, in

the District Engineer’s judgment, have

materially affected the completeness

and accuracy of the delineation and/or

have caused substantial delays to the

District in its review of the delineation.

Substantial inaccuracies may include,

but are not limited to: the inaccurate

application of one or more of the field

indicators for vegetation, soils, or

hydrology; the failure to follow

appropriate field sampling protocol or

techniques; the submission of

inaccurate or incomplete data forms; or

the reach of erroneous conclusions

about the presence and/or extent of

wetlands at a site.

(k) The term history of substantial

inaccuracies means 2 or more

substantial inaccuracies in wetland

delineations submitted to the Corps by

the same certified wetland delineator

within the same District, or 3 or more

substantial inaccuracies the Corps has

documented in different Districts, with

at least one of these inaccuracies

recorded in the District contemplating a

revocation action.

§ 333.4 Certification process.

(a) Prerequisites: The certification

process is designed to identify those

individuals who possess the requisite

knowledge and skills necessary to

conduct and appropriately document

wetland delineations consistent with

the current Federal wetland delineation

methodology in use at the time of

certification. The certification process,

which will be administered by Corps

district offices, involves two steps:

meeting all prerequisites, and passing

all tests.

(1) The prerequisites will consist of

written documentation demonstrating

that the WDCP applicant has:

(i) At least two (2) years experience in

delineating wetlands for any Federal,

State, or local governments, or the

private sector, and

(ii) Completed wetland delineation

training as set forth in the Corps training

materials developed for the WDCP.

(2) The training package will be made

available only to training sources for

instruction by a WDCP certified wetland

delineator.

(b) Testing: The WDCP involves two

(2) types of tests: a national written test,

and a regional field proacticum. WDCP

applicants meeting all prerequisites will

be scheduled for the written test. A

minimum score of 80% will be required

to successfully complete the written

test. WDCP applicants will be permitted

to retake the written test a maximum of

three (3) times, or the field practicum a

maximum of two (2) times, unless the

WDCP applicant can provide

documentation that the required

training has been repeated since the last

practicum. During the practicum, WDCP

applicants will be asked to collect data

and document conclusions. A minimum

score of 80% on the field test will be

required. WDCP applicants who pass

both the written test and field practicum

will receive documentation of

certification by the applicable Corps

district.

(c) Certification. In order to receive

expedited review and consideration by

the Corps, certified wetland delineators

will be required to submit a copy of

their certification, in addition to other

required documentation, to the Corps in

conjunction with each request for a

verification of a wetland delineation.

Wetland delineations conducted in

whole or in part by an uncertified

individual may receive expedited

review and consideration if it is

reviewed, adopted, and signed by a

Corps-certified wetland delineator. The

certified wetland delineator must state

that the he or she has personally

reviewed and concurred with the

wetland delineation and has found the

documentation to be satisfactory. By

signature and submittal, certified

wetland delineators accept

responsibility for the completeness and

accuracy of the wetland delineation,

and are subject to the suspension or

revocation procedures described in

§ 333.7, and legal penalties regarding

false information.

§ 333.5 Validity of certifications.

Generally, certifications made

pursuant to these regulations will be

valid within the Corps division

boundaries of the certifying district.

However, due to the unique features of

wetland characteristics in some districts

(e.g., Alaska), Corps divisions may

confine the validity of certain

certifications to a district or set of

districts. Certifications will remain valid

for a period of five (5) years, at which

time recertification will be necessary.

§ 333.6 Recertification.

(a) Recertification through the WDCP

will be required every five (5) years,

unless otherwise required by the Corps.

WDCP applicants for recertification may

be expected to complete the testing

requirements (written, field, or both, as

determined by the district) which have

been adopted for the final WDCP. If the

Corps adopts use of a new wetland

delineation methodology, or events

beyond the Corps’ control nullify the

original certification of a wetland

delineator made by the Corps,

recertification may be required at a

greater frequency.

(b) Minor changes in the Corps

wetland delineation policy and/or

procedures will typically not require

recertification. The Corps will notify

certified individuals of minor

modifications by mail. The extent of the

modification will dictate the need for

recertification (e.g, a new wetland

delineation manual may require

recertification while use of a new data

form may not). Once notified, certified

wetland delineators will be expected to

incorporate these modifications into all

future wetland delineations they

submit. Failure to do so maybe grounds

for suspension of an individual’s

certification.

§ 333.7 Suspension or revocation of

certifications.

(a) A District Engineer may suspend

or revoke a delineator’s certification if

the District Engineer determines that the

wetland delineations submitted by the

certified wetland delineator exhibit a

history of substantial inaccuracies.

Revocation will result in removal of an

individual from lists provided to the

public, while suspension will not. This

will ensure that the list of certified

wetland delineators given to the public

does not contain certified wetland

delineators that repeatedly perform and/

or submit inaccurate wetland

delineations and thus delay, rather than

expedite, the Corps acceptance of

wetland delineations.

(b) Procedures—(1) Records. Districts

will maintain accurate records on all

substantial inaccuracies identified in

wetland delineations submitted by

certified wetland delineators. Whenever

any District identifies such an

inaccuracy, the District will notify the

certified wetland delineator and allow

the delineator to write a letter

explaining the inaccuracy. Such letter

will be maintained in the delineator’s

file. If the District discovers that a

certified wetland delineator has
13662 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules

submitted 2 or more substantially

inaccurate delineations to the District,

or 1 substantially inaccurate delineation

to the District and 2 or more

delineations to other Districts, and the

Chief of the Regulatory office believes

that these inaccuracies warrant

revocation, than the Chief of the

Regulatory office should prepare, with

the advice of counsel, a report for the

District Engineer substantiating these

inaccuracies along with a

recommendation to revoke the

delineator’s certification.

(2) Notification. If the District

Engineer agrees that revocation may be

warranted. The District Engineer shall

send a letter to the delineator

explaining:

(i) That the District Engineer is

considering whether to revoke the

delineator’s certification.

(ii) That the delineator’s certification

is suspended pending the District

Engineer’s decision.

(iii) The causes for the potential

revocation, including the substantial

inaccuracies identified, and

(iv) That the delineator has 30 days

from receipt of the District Engineer’s

letter to send a response letter providing

mitigating or extenuating circumstances,

or stating a defense against the causes

for revocation.

(3) Delineator response. In the

response letter, the delineator should

include a complete explanation of any

mitigating or extenuating circumstances

demonstrating that revocation is

unwarranted. The delineator should

also provide any defenses to the stated

causes for revocation, including any

assertion that he or she may choose to

make that no substantial inaccuracies

occurred.

(4) Review and decision. The District

Engineer must consider any certified

wetland delineator response letter

submitted. If a letter raises any genuine

issues of fact, the District Engineer,

exercising appropriate discretion, may

decide to meet with the delineator to

discuss these issues. After considering

all information gathered by the District

and submitted by the delineator, the

District Engineer should make the

decision, based on a preponderance of

the evidence, as to whether or not to

revoke the delineator’s certification.

(5) Notification of decision to

delineator. Absent extenuating

circumstances, the District Engineer

shall decide whether to revoke a

certification within 30 days of receiving

the delineator’s response letter or any

meeting with the delineator, whichever

is later. A letter stating the District

Engineer’s decision shall be sent to the

delineator by certified mail, return

receipt requested.

(6) Notification to other corps

districts. If the District Engineer’s

decision is to revoke a certification, the

District shall notify all other Corps

Districts that the delineator is no longer

certified, and the individual’s name will

be removed from the list of certified

wetland delineators given to the public.

(c) Revocation period. Revocation

periods are measured from the

beginning of the suspension. The

District Engineer should assign a

revocation period commensurate with

the seriousness of the causes for

revocation, but no longer than 2 years.

The District Engineer may reduce the

length of the revocation period after it

is assigned, if new information or other

appropriate reasons develop.

Delineators can apply for recertification

only after the revocation period has

ended.

(d) Scope of revocation. (1) A

revocation only applies to the

certification of the person who signed

the delineations identified as

inaccurate. Thus, a revocation cannot be

imputed to other certified delineator in

the same consulting firm as a decertified

delineator.

(2) The revocation shall apply

nationwide.

(e) Appeal. A revocation may be

appealed in writing to the Division

Engineer setting forth matters in

extenuation, mitigation, or disagreement

with the revocation. After reviewing

both the appeal letter and the

administrative record, the Division

Engineer will reverse the District

Engineer’s decision to revoke the

delineator’s certification only if the

determination is found to be arbitrary or

capricious. The Division Engineer must

notify both the delineator and the

District Engineer of the decision. Only

after the conclusion of this appeal

process may a delineator seek redress in

Federal court.

§ 333.8 Maintenance of lists.

The Corps will maintain two (2) lists

for the WDCP. The first will be a list of

individuals within a Division who have

been certified by one of its Districts

through the final WDCP. The second

will be the list of training sources

providing the prerequisite training. All

training intended to meet the mandatory

prerequisite will be conducted by a

certified wetland delineator as an

instructor. Both lists will be available to

the public.

[FR Doc. 95–5873 Filed 3–13–95; 8:45 am]

BILLING CODE 3710–92–M

DEPARTMENT OF INTERIOR

National Park Service

36 CFR Part 7

RIN 1024–AC26

Oregon Caves National Monument;

Special Regulations

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

SUMMARY: The National Park Service

(NPS) proposes to revise the current

regulation concerning admission to

Oregon Caves National Monument

found at 36 CFR 7.49 that prohibits

access to children under the age of six

years from entering Oregon Caves in

Oregon Caves National Monument. This

proposed revision to the existing

regulation would 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

proposed revision is to establish a more

equitable criterion for allowing children

access to the caves. If necessary, the

park will manage access to the Caves

through the Superintendent’s

Compendium.

DATES: Written comments will be

accepted through May 15, 1995.

ADDRESSES: Comments should be

addressed to: Superintendent, Oregon

Caves National Monument, 19000 Caves

Highway, Cave Junction, OR 97523.

FOR FURTHER INFORMATION CONTACT:

Craig W. Ackerman, Superintendent,

Oregon Caves National Monument,

19000 Caves Highway, Cave Junction,

OR 97523.

SUPPLEMENTARY INFORMATION:

Background

This proposed revision addresses a

specific management problem involving

access to the only public tour route in

Oregon Caves. The present restriction,

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 limit 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