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
Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13663

when their children are denied access to

the Caves. The age limit restriction has

been the most common visitor

complaint to both park and concession

employees over the last few decades.

Denying access to children who can

safely travel through the Caves

contradicts one of the management

objectives of Oregon Caves National

Monument’s General Management Plan,

which is to ‘‘provide quality interpretive

service that increases the visitors’

knowledge, appreciation and enjoyment

of the resources at Oregon Caves.’’

There appears to be little justification

for using six years of age in determining

who enters the Caves. The width of

tread, number and rise of steps, the

length of the tour, and the height of

railings better determine whether

visitors can safely negotiate the cave

tour. Renovation of the entire trail

system, which is being designed with

children in mind, is currently in the

planning stage. This proposed revision

would greatly reduce visitor conflicts by

instituting safety restrictions that are

fair and equitable. If necessary, the park

will manage access to the Caves through

the Superintendent’s Compendium.

Options Considered

Other management options

considered included leaving the current

regulation as it is or instituting a fixed

height and/or endurance limit that

might soon be out of tune with

continuing modification of the present

trail system. The current proposed rule

revision is in accordance with stated

overall management objectives.

Effects of Revision

This rule revision increases the

opportunity for visitors with young

children to enter Oregon Caves. There

will be fewer visitor complaints, fewer

visitor/NPS confrontations, and fewer

disrupted public tours.

Public Participation

The policy of the National Park

Service is, whenever practicable, to

afford the public an opportunity to

participate in the rulemaking process.

Accordingly, interested persons may

submit written comments regarding this

proposed rule to the address noted at

the beginning of this rulemaking.

Drafting Information

The primary authors of this revision

are Craig W. Ackerman, Superintendent

of Oregon Caves National Monument

and Dennis Burnett, Washington Office

of Ranger Activities, National Park

Service.

Paperwork Reduction Act

This revision does not contain

information collection requirements that

require approval by the Office of

Management and Budget under 44

U.S.C. 3501 et. seq.

Compliance With Other Laws

The Department of Interior has

determined that this document is not a

major rule under Executive Order 12866

and certifies 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 local in nature

and negligible in scope.

The National Park Service has

determined that this proposed revision

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 non-compatible uses

which might compromise the nature

and characteristics of the area, or cause

physical damage to it;

(c) Conflict with adjacent ownerships

or land uses; or

(d) Cause a nuisance to adjacent

owners or occupants.

Based upon this determination, this

proposed revision is categorically

excluded from the procedural

requirements of the National

Environmental Policy Act (NEPA) by

Departmental regulations 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 13

National Parks; Reporting and

recordkeeping requirements.

In consideration of the foregoing, it is

proposed to amend 36 CFR Chapter 1 as

follows:

PART 7—SPECIAL REGULATING,

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 7.49 is revised to read as

follows:

§ 7.49 Oregon Caves National Monument.

(a) Admission to caves. No person, or

persons, shall be permitted to enter

Oregon Caves unless accompanied by an

approved National Park Service or

concessioner employee who has

successfully completed the training

prescribed by the National Park Service.

Dated: February 27, 1995.

Approved:

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 95–6242 Filed 3–13–95; 8:45 am]

BILLING CODE 4310–70–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 50 and 53

[AD–FRL–5172–4]

National Ambient Air Quality

Standards for Sulfur Oxides (Sulfur

Dioxide)—Reproposal

AGENCY: U.S. Environmental Protection

Agency (U.S. EPA).

ACTION: Extension of public comment

period.

SUMMARY: The EPA is announcing the

extension of the public comment period

on the proposed rule for the national

ambient air quality standards (NAAQS)

for sulfur oxides (sulfur dioxide) and

associated changes to the requirements

for Ambient Air Monitoring Reference

and Equivalent Methods that were

published on November 15, 1994 (59 FR

58958).

DATES: Written comments must be

received on or before April 14, 1995.

ADDRESSES: Submit written comments

on the proposed action on the NAAQS

(40 CFR part 50) (duplicate copies

preferred) to Air and Radiation Docket

Information Center (6102), Room M–

1500, U.S. Environmental Protection

Agency, Attn: Docket No. A–84–25, 401

M Street, SW., Washington, DC 20460.

Comments on the proposed revisions to

the Ambient Air Monitoring Reference

and Equivalent Methods (40 CFR part

53) should be separated from those

pertaining to the standards and sent to

the same address, Attn: Docket No. A–

94–42. These dockets, containing

supporting information used in

developing the proposed rule, are

located in the Air and Radiation Docket

Information Center of the U.S.

Environmental Protection Agency,

South Conference Center, Room M–

1500, 401 M Street, SW., Washington,

DC 20460. The dockets may be

inspected between 8:30 a.m. and 3:30

p.m. on weekdays, and a reasonable fee

may be charged for copying.