16576 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations

Authority: 26 U.S.C. 7805 * * *.

Par. 2. Section 18.0 is revised to read

as follows:

§ 18.0 Effective date of temporary

regulations under the Subchapter S

Revision Act of 1982.

The temporary regulations provided

under §§ 18.1361–1, 18.1377–1,

18.1379–1, and 18.1379–2 are effective

with respect to taxable years beginning

after 1982, and the temporary

regulations provided under § 18.1378–1

are effective with respect to elections

made after October 19, 1982.

Cynthia E. Grigsby,

Chief, Regulations Unit, Assistant Chief

Counsel (Corporate).

[FR Doc. 95–7970 Filed 3–30–95; 8:45 am]

BILLING CODE 4830–01–P

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Part 9

[TD ATF–362; Re: Notice No. 802]

RIN 1512–AA07

Cucamonga Valley Viticultural Area

(94F–011P)

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Department of the

Treasury.

ACTION: Final rule, Treasury decision.

SUMMARY: This final rule establishes a

viticultural area in San Bernardino and

Riverside Counties, California, to be

known as ‘‘Cucamonga Valley.’’ The

petition was filed by Gino L. Filippi of

J. Filippi Vintage Co. on behalf of

himself and other growers and wineries

in the area.

ATF believes that the establishment of

viticultural areas and the subsequent

use of viticultural area names as

appellations of origin in wine labeling

and advertising allows wineries to

designate the specific areas where the

grapes used to make the wine were

grown and enables consumers to better

identify the wines they purchase.

EFFECTIVE DATE: May 1, 1995.

FOR FURTHER INFORMATION CONTACT:

Marjorie D. Ruhf, Wine, Beer and Spirits

Regulations Branch, Bureau of Alcohol,

Tobacco and Firearms, 650

Massachusetts Avenue, NW.,

Washington, DC 20226 (202–927–8230).

SUPPLEMENTARY INFORMATION:

Background

On August 23, 1978, ATF published

Treasury Decision ATF–53 (43 FR

37672, 54624) revising regulations in 27

CFR part 4. These regulations allow the

establishment of definite American

viticultural areas. The regulations also

allow the name of an approved

viticultural area to be used as an

appellation of origin in the labeling and

advertising of wine.

On October 2, 1979, ATF published

Treasury Decision ATF–60 (44 FR

56692) which added a new part 9 to 27

CFR, providing for the listing of

approved American viticultural areas.

Section 4.25a(e)(1), Title 27, CFR,

defines an American viticultural area as

a delimited grape-growing region

distinguishable by geographical

features, the boundaries of which have

been delineated in subpart C of part 9.

Section 4.25a(e)(2) outlines the

procedure for proposing an American

viticultural area. Any interested person

may petition ATF to establish a grapegrowing region as a viticultural area.

The petition should include:

(a) Evidence that the name of the

proposed viticultural area is locally

and/or nationally known as referring to

the area specified in the petition;

(b) Historical or current evidence that

the boundaries of the viticultural area

are as specified in the petition;

(c) Evidence relating to the

geographical features (climate, soil,

elevation, physical features, etc.) which

distinguish the viticultural features of

the proposed area from surrounding

areas;

(d) A description of the specific

boundaries of the viticultural area,

based on features which can be found

on United States Geological Survey

(U.S.G.S.) maps of the largest applicable

scale; and

(e) A copy of the appropriate U.S.G.S.

map(s) with the boundaries prominently

marked.

Petition

ATF received a petition from Gino L.

Filippi of J. Filippi Vintage Co.

proposing to establish a viticultural area

in San Bernardino and Riverside

Counties, California, to be known as

‘‘Cucamonga Valley.’’ The viticultural

area is located in southern California,

about 45 miles east of the city of Los

Angeles. It contains approximately

109,400 acres. The petitioner states that

wine grapes, probably the mission

variety, were first planted in the

Cucamonga Valley in 1839 or 1840,

‘‘undoubtedly one of the first large

plantings of grapes in California.’’

According to the petitioner the wine

industry in the Cucamonga Valley grew

during the late nineteenth and early

twentieth centuries, reaching ‘‘its peak

in the 1940’s and 1950’s with over 60

wineries producing from approximately

35,000 acres.’’ Today, there are five

bonded wineries within the proposed

area, and approximately 2,000 acres are

planted to wine grapes. The petitioner

notes ‘‘the area’s great history and

heritage of wine growing and

winemaking is truly more impressive

than the number of acres currently

farmed.’’

The petition was also signed by Philo

Biane of Rancho de Philo Winery, Rene ́

Biane of Guasti Plaza, Don Galleano of

Galleano Winery, Paul Hofer III of Hofer

Ranch, LeAnn Smothers of the City of

Rancho Cucamonga, and Jeff Wilson, of

Inland Empire West Resource

Conservation District.

Notice of Proposed Rulemaking

In response to Mr. Filippi’s petition,

ATF published a notice of proposed

rulemaking, Notice No. 802, in the

Federal Register on December 2, 1994

(59 FR 61853), proposing the

establishment of the Cucamonga Valley

viticultural area. The notice requested

comments from all interested persons by

January 31, 1995.

Comments on Notice of Proposed

Rulemaking

ATF received 15 letters of comment

and copies of several newspaper articles

and a newspaper editorial concerning

the proposal to establish the Cucamonga

Valley viticultural area. All commenters

expressed their support for establishing

the Cucamonga Valley viticultural area

as proposed in Notice No. 802.

Commenters included growers and

other local business owners, consumers,

and government officials.

The Honorable James L. Brulte, State

Assembly Republican Leader, wrote to

support recognition of Cucamonga

Valley as a viticultural area. The

Honorable Fred Aguiar, State

Assemblyman for the Sixty-first

assembly district, endorsed the

establishment of Cucamonga Valley

viticultural area and wrote further:

Our region has a long and distinguished

history in the winegrowing industry and it is

highly appropriate that this area be

recognized for such a distinction.

The San Bernardino County Board of

Supervisors adopted a resolution which

read, in part, as follows:

* * * RESOLVED that the Board of

Supervisors of the County of San Bernardino,

State of California, hereby recognizes the

efforts of the local wineries and supports the

designation of ‘‘CUCAMONGA VALLEY’’ in

advertising and on the labels of wines

produced in this vicinity.

The Honorable William J. Alexander,

Mayor of Rancho Cucamonga, wrote:

I would like to express our support in

establishing the Cucamonga Valley as a
Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16577

viticulture area. The City of Rancho

Cucamonga takes great pride in the fact that

the grape vineyards and the wineries of our

area contributed so much to the early history

of the region. For this reason, a grape cluster

has a prominent focus in both the City’s seal

and logo.

Allyn B. Scheu of Scheu

Manufacturing Company wrote that the

designation ‘‘will help consumers to

identify the origins of the wines they

buy and will recognize the Cucamonga

area’s rich heritage of wine production.’’

Charles L. Keagle, a restauranteur, also

supported the designation and wrote

that ‘‘the history of the area, America’s

first, goes back over 100 years.’’

Columnist Garry Greenberg of the

Victorville, California Daily Press, sent

in a copy of his September 15, 1994

column which reported on the filing of

the petition, and described the

Cucamonga Valley area as ‘‘the home of

the largest winemaking industry in the

world a century ago.’’ Mr. Greenberg

also sent in the text of a column which

he planned to publish in January 1995,

encouraging readers to write in support

of the proposed area.

The petitioner mailed in a clipping of

an editorial from the Inland Valley Daily

Bulletin of December 30, 1994, which

concluded:

There are 122 viticultural regions in the

United States, and 69 of them are in

California. The next one should be in

California also, in the ‘‘Cucamonga Valley.’’

Evidence of Name

Evidence that the name Cucamonga

Valley is locally and/or nationally

known as referring to the viticultural

area includes:

(a) Leon D. Adams, in The Wines of

America, describes the Cucamonga

Valley as follows:

The Cucamonga Valley, forty-five miles

east of Los Angeles, has grown the bulk of

Southern California wine during the present

century. The vineyard area extends from

Ontario east to Fontana and from the base of

the San Gabriel Mountains southward to the

Jurupa Hills in Riverside County. The

climate, though tempered by winds from the

ocean, is as warm as the northern San

Joaquin Valley and is classed as Region IV.

(b) An article published in The Sun,

a San Bernardino, California,

newspaper, on March 30, 1994, titled

‘‘Fontana winery soaks up more

awards,’’ described awards won by two

wines from J. Filippi Vintage Co. at a

recent competition and stated that the

‘‘Ruby Port is produced from

Cucamonga Valley grapes, renown for

sherry and port wines.’’

(c) A letter dated August 20, 1991,

from the San Bernardino County

Archives to the Riverside County

Historical Commission discussed

designation of the Galleano Winery as a

landmark. The letter makes several

references to the Cucamonga Valley,

mentioning locations within the

proposed area such as Rancho

Cucamonga, Fontana, Ontario and Mira

Loma.

Evidence of Boundaries

As evidence that the boundaries for

the area are as specified in the petition,

the previously cited excerpt from The

Wines of America, by Leon D. Adams,

states that the vineyard area of the

Cucamonga Valley ‘‘extends from

Ontario east to Fontana and from the

base of the San Gabriel Mountains

southward to the Jurupa Hills in

Riverside County.’’ The San Gabriel

Mountains form the northern boundary

of the proposed area, and the Jurupa

Hills form the eastern part of the

southern boundary. The towns of

Fontana and Ontario are both within the

area.

The petitioner used the 560′ elevation

line as the western portion of the

southern boundary. He states the area

south of that elevation has poor

drainage and is mainly used for dairy

farming.

In support of Euclid Avenue as the

western boundary for the viticultural

area, the petitioner gave historical

information. He stated that the area west

of Euclid Avenue ‘‘was subjected to

flooding from the San Antonio Canyon.

In the 1940’s several flood control

construction projects began to solve the

problem. Historically, agriculture in this

area (Upland, CA) was citrus (lemons

and oranges).’’ He stated that citrus trees

were grown there because there was a

good water source and better drainage

than within the viticultural area to the

east of Euclid Avenue.

The eastern boundary, made up of

Lytle Creek Wash, Warm River, and the

Santa Ana River, marks a shift in the

type of soil and the ability of the soils

to drain. These characteristics will be

discussed in detail in the background

material on soils.

Geographical Features

The petitioner describes the

viticultural area as follows:

Cucamonga Valley is an east-west oriented

valley. The San Gabriel mountains form the

valley’s northern boundary. The San Antonio

Creek, Cucamonga Creek, Deer Creek, Day

Creek, San Sevaine Creeks, from west to east

respectively, spread out to form alluvial fans

as they descend the foothills and emerge in

the Cucamonga Plain. These fans contain

sand and silt deposits that create a rich

mixture of fertile soil.

The viticultural area includes the area

described above and the valley drained

by the Cucamonga Creek to the south of

this alluvial fan. These areas share

characteristics of topography, soil

composition and climate which

distinguish the viticultural area from the

surrounding areas. The petitioner

provided the following evidence of the

area’s distinctiveness:

Topography

The U.S.G.S. topographic maps

submitted by the petitioner show the

viticultural area slopes gradually from

2,000 feet at the northern boundary to

560 feet at the southern boundary. The

petitioner describes the San Gabriel

mountains to the north of the proposed

area as ‘‘a great wall, from 8,000 to

10,000 feet high.’’ The Jurupa

Mountains to the southeast of the area

offer another contrast as they rise

steeply from the valley floor to form part

of the southern boundary. The balance

of the southern boundary, the 560 foot

contour line, was chosen because the

area at lower elevations was poorly

drained and was traditionally used for

dairy farming; furthermore, the nearby

Prado Dam is scheduled to be raised, so

the area to the south of the 560 foot

contour line will be flooded.

Soil

According to the petitioner, the soil in

the viticultural area is ‘‘alluvial valley

floors, fans and terraces * * * derived

from granitic rock from the San Gabriel

formation in the north.’’ He further

states that the wine grape vineyards in

the region are ‘‘found to be located on

Delhi, Hanford, Tujunga, Gorgonio and

Hilmar soil series’’ and ‘‘most vineyards

are nearly level to moderately sloping

(0–15°).’’

The General Soil Map for

southwestern San Bernardino County

describes these associations as very

deep, ‘‘dominantly brownish soils that

are coarse textured throughout’’ and

‘‘somewhat excessively drained to

excessively drained.’’ On this map, the

eastern boundary in particular is

distinguished by a change in the soil

composition to the Hanford-GreenfieldSan Emigdio association, finer textured

and less well drained than the soils

within the proposed area. The

mountainous areas to the north and

southeast of the viticultural area have

shallower soils over granite, schist and

sandstone.

Climate

The petitioner states that the climate

in the area is ‘‘well-suited for viticulture

* * *. There are relatively few nights

below freezing in the winter and
16578 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations

summer days can be very hot, reaching

temperatures over 100 degrees

Fahrenheit.’’ The climate is classed as

Region IV, with a heat summation in the

3,501 to 4,000 degree F. range. The

petitioner states this corresponds to the

Ukiah, Davis and Lodi areas of

California, and is warmer than the Santa

Barbara, Santa Rosa and Santa Maria

areas to the north and the Temecula and

Rancho California areas to the south.

Boundary

The boundary of the Cucamonga

Valley viticultural area may be found on

ten United States Geological Survey

(U.S.G.S.) maps with a scale of 1:24000.

The boundary is described in § 9.150.

Miscellaneous

ATF does not wish to give the

impression by approving the

Cucamonga Valley viticultural area that

it is approving or endorsing the quality

of wine from this area. ATF is approving

this area as being distinct from

surrounding areas, not better than other

areas. By approving this area, ATF will

allow wine producers to claim a

distinction on labels and advertisements

as to origin of the grapes. Any

commercial advantage gained can only

come from consumer acceptance of

wines from Cucamonga Valley.

Executive Order 12866

It has been determined that this rule

is not a significant regulatory action

because:

(1) It will not have an annual effect on

the economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees

or loan programs or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in Executive Order 12866.

Regulatory Flexibility Act

It is hereby certified that this

regulation will not have a significant

economic impact on a substantial

number of small entities. Any benefit

derived from the use of a viticultural

area name is the result of the

proprietor’s own efforts and consumer

acceptance of wines from a particular

area. No new recordkeeping or reporting

requirements are imposed. Accordingly,

a regulatory flexibility analysis is not

required.

Paperwork Reduction Act

The provisions of the Paperwork

Reduction Act of 1980, Public Law 96–

511, 44 U.S.C. Chapter 35, and its

implementing regulations, 5 CFR part

1320, do not apply to this final rule

because no requirement to collect

information is imposed.

Drafting Information

The principal author of this document

is Marjorie D. Ruhf, Wine, Beer and

Spirits Regulations Branch, Bureau of

Alcohol, Tobacco and Firearms.

List of Subjects in 27 CFR Part 9

Administrative practices and

procedures, Consumer protection,

Viticultural areas, and Wine.

Authority and Issuance

Title 27, Code of Federal Regulations,

part 9, American Viticultural Areas, is

amended as follows:

PART 9—AMERICAN VITICULTURAL

AREAS

Paragraph 1. The authority citation

for part 9 continues to read as follows:

Authority: 27 U.S.C. 205.

Par. 2. Subpart C is amended by

adding § 9.150 to read as follows:

Subpart C—Approved American

Viticultural Areas

* * * * *

§ 9.150 Cucamonga Valley.

(a) Name. The name of the viticultural

area described in this section is

‘‘Cucamonga Valley.’’

(b) Approved maps. The appropriate

maps for determining the boundary of

the Cucamonga Valley viticultural area

are the following ten U.S.G.S.

topographical maps (7.5 minute series

1:24000 scale):

(1) ‘‘Mt. Baldy, Calif.,’’ 1967,

photorevised 1988.

(2) ‘‘Cucamonga Peak, Calif.,’’ 1966,

photorevised 1988.

(3) ‘‘Devore, Calif.,’’ 1966,

photorevised 1988.

(4) ‘‘San Bernardino North, Calif.,’’

1967, photorevised 1988.

(5) ‘‘Ontario, Calif.,’’ 1967,

photorevised 1981.

(6) ‘‘Guasti, Calif.,’’ 1966,

photorevised 1981.

(7) ‘‘Fontana, Calif.,’’ 1967,

photorevised 1980.

(8) ‘‘San Bernardino South, Calif.,’’

1967, photorevised 1980.

(9) ‘‘Prado Dam, Calif.,’’ 1967,

photorevised 1981.

(10) ‘‘Corona North, Calif.,’’ 1967,

photorevised 1981.

(c) Boundary. The Cucamonga Valley

viticultural area is located in San

Bernardino and Riverside Counties,

California. The boundary is as follows:

(1) The beginning point is the

intersection of Euclid Avenue and 24th

Street on the Mt. Baldy, Calif. U.S.G.S.

map;

(2) From the beginning point, the

boundary follows 24th Street east for

approximately 0.3 mile, until it reaches

the intersection of 24th Street with two

unnamed light-duty streets to the north;

(3) The boundary then diverges from

24th Street and goes straight north for

approximately 0.3 mile, until it reaches

the 2,000 foot contour line;

(4) The boundary then follows the

2,000 foot contour line in a generally

easterly direction across the Cucamonga

Peak, Calif., U.S.G.S. map and onto the

Devore, Calif., U.S.G.S. map until it

reaches Lytle Creek Wash;

(5) The boundary follows the

intermittent stream in Lytle Creek Wash

in a southeasterly direction to the end

of the intermittent stream on the Devore,

Calif., U.S.G.S. map;

(6) The boundary then continues

through Lytle Creek Wash, proceeding

southeast in a straight line from the end

of the intermittent stream, across the

southwest corner of the San Bernardino

North, Calif., U.S.G.S. map and onto the

San Bernardino, South, Calif., U.S.G.S.

map, to the northernmost point of the

flood control basin at the end of the

Lytle Creek Wash, a distance of

approximately 4.3 miles;

(7) The boundary then proceeds in a

straight line south-southeast across the

flood control basin to the point where

Lytle Creek Channel exits the basin;

(8) The boundary continues along

Lytle Creek Channel until it empties

into Warm Creek;

(9) The boundary then follows Warm

Creek until it meets the Santa Ana

River;

(10) The boundary then follows the

western edge of the Santa Ana River in

a generally southwesterly direction until

it meets the San Bernardino—Riverside

County line;

(11) The boundary follows the county

line west, crossing onto the Guasti,

Calif., U.S.G.S. map, until it reaches the

unnamed channel between Etiwanda

and Mulberry Avenues (identified by

the petitioner as Etiwanda Creek

Channel);

(12) The boundary then follows

Etiwanda Creek Channel in a southerly

direction until it parallels Bain Street;

(13) The boundary then diverges from

Etiwanda Creek Channel and follows

Bain Street south until it ends at
Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16579

Limonite Avenue in the northeast

corner of the Corona North, Calif.,

U.S.G.S. map;

(14) The boundary then continues

south in a straight line until it reaches

the northern shore of the Santa Ana

River;

(15) The boundary then follows the

north shore of the Santa Ana River until

it intersects the 560 foot contour line in

Section 1 T3S/R7W;

(16) The boundary then follows the

560′ contour line to the north of the

Santa Ana River in a generally westerly

direction until it reaches Euclid Avenue

on the Prado Dam, Calif., U.S.G.S. map;

(17) The boundary then follows

Euclid Avenue north to the point of

beginning.

Signed: March 1, 1995.

Daniel R. Black,

Acting Director.

Approved: March 9, 1995.

Dennis M. O’Connell,

Acting Deputy Assistant Secretary,

(Regulatory, Tariff and Trade Enforcement).

[FR Doc. 95–7893 Filed 3–30–95; 8:45 am]

BILLING CODE 4810–31–U

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 13

RIN 1024–AC31

Denali National Park and Preserve,

Alaska

AGENCY: National Park Service, Interior.

ACTION: Interim rule with request for

comments.

SUMMARY: The National Park Service

(NPS) is promulgating an interim rule to

require mountain climbers to register a

minimum of 60-days before any climb

on Mount McKinley and Mount Foraker

in Denali National Park. Mountaineering

in the park has increased dramatically

over the last ten years. The number of

climbers on Mount McKinley has risen

from 695 in 1984 to 1,277 in 1994.

Climbing-related injuries and deaths

have correspondingly increased. By

requiring advance registration, the

Denali park staff will be able to provide

information to prospective

mountaineers in advance of their climb.

This may include information on the

specific dangers they may face, how to

prepare and equip, other safety related

issues, and requirements concerning

resource protection issues such as litter

removal and human waste disposal.

Currently, climbers are required to

register, but may do so as late as the day

they depart for the mountain.

DATES: This rule is effective March 31,

1995. Expiration date: Section 13.63(f)

will expire on March 31, 1997, unless

amended or revised by future

rulemaking. However, written

comments will be accepted until May

30, 1995.

ADDRESSES: Comments should be

directed to: Superintendent, PO Box 9,

Denali National Park, AK 99755.

FOR FURTHER INFORMATION CONTACT:

Steve Martin, Acting Superintendent,

Denali National Park and Preserve, P.O.

Box 9, Denali National Park, AK 99755.

SUPPLEMENTARY INFORMATION:

Background

Denali National Park was first

established as Mt. McKinley National

Park on February 26, 1917. A separate

Denali National Monument was

proclaimed on December 1, 1978. These

two were combined, reconfigured and

established as Denali National Park and

Preserve on December 2, 1980,

encompassing 6.5 million acres. Prior to

achieving its current configuration, the

land the park now encompasses was

recognized for its unique ecological

value and designated an International

Biosphere Reserve in 1976. That

designation has since been expanded to

encompass the entire 6.5 million acre

park and preserve. The park contains

North America’s highest mountain,

20,320 foot Mount McKinley. Mount

Foraker, at 17,400 feet, and numerous

large glaciers of the Alaska Range are

also a part of this park’s subarctic

ecosystem. Wildlife includes caribou,

Dall sheep, moose, grizzly bears and

wolves.

The first ascent of Mount McKinley

occurred in 1913. Climbing continued to

be a popular activity, although on a

small scale, after the park was

established. However, during the last

ten years mountaineering in the park

has increased dramatically. The number

of Mount McKinley climbers has risen

from 695 in 1984 to 1,277 in 1994. With

the numbers of climbers increasing, the

number of accidents, rescues, and

resource related problems have also

increased. Since 1932 a total of 79

mountaineers have perished on the

slopes of Mount McKinley; 23 percent

of these deaths (18 people) have

occurred since 1990. Recent years have

also seen an increase in climbing related

deaths on Mount Foraker and the other

Alaska Range peaks located in the park.

In 1990, eight mountaineers were

rescued on Mount McKinley. In sharp

contrast, the number of mountaineers

rescued increased to 28 in 1992, and 27

in 1994. Studies by the NPS showed

that the major reason climbers got into

trouble on the mountain and required

rescue was their unfamiliarity with the

hazards unique to Mount McKinley.

Specifically, extreme weather

conditions, their changeability, and the

other hazards associated with climbing

in such northerly latitudes caught the

climbers unprepared. The NPS

determined that climbers need better

education and information prior to their

climbs and that an appropriate time

frame was necessary to convey this

information to the climbing community.

Climbers from 22 countries registered to

climb Mount McKinley in 1990. With so

many climbers seeking permits,

adequate lead time required to fulfill the

requests lengthens. The 60 day preregistration period will provide

sufficient opportunity for the Denali

park staff to provide the necessary

information to prospective

mountaineers on the dangers they may

face climbing in the park, how to

prepare and equip themselves for the

climb, other safety related issues, and

requirements concerning resource

protection issues such as litter removal

and human waste disposal.

Authority

This regulation is promulgated

pursuant to the Secretary of the

Interior’s authority to make and publish

necessary and proper rules and

regulations for the use and management

of parks, monuments and reservations

under the jurisdiction of the National

Park Service (16 U.S.C. 3).

Interim Rulemaking

The purpose of this rulemaking is to

allow the park enough time to provide

climbers with better general and safety

related information in order to reduce

the number of climbing accidents and

the attendant injuries and deaths, the

occurrence of which have recently and

dramatically increased. In order for the

NPS to implement these safeguards

prior to the 1995 climbing season,

which begins in April 1995, the interim

rule will need to be effective upon the

date of publication. The park is already

receiving requests for information about

the 1995 climbing season; allowing for

notice and comment or delaying the

effective date of the rule will not allow

the NPS adequate time to implement

these safeguards. The interim rule has a

two-year ‘‘sunset clause’’. Notice and

comment rulemaking will be conducted

with full public involvement during this

two-year time period. The intended

result of this action is to immediately

increase the safety of mountain climbers

by allowing sufficient time for the park