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
16580 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations

to provide the necessary information to

all climbers concerning the hazards

associated with climbing in Denali

National Park.

The NPS is promulgating this interim

rule under the ‘‘good cause’’ exception

of the Administrative Procedure Act (5

U.S.C. 553(b)(B) from general notice and

comment rulemaking. As discussed

above, the NPS believes that this

exception is warranted because of the

time constraints involved. Based upon

this discussion, the NPS finds pursuant

to 5 U.S.C. 533(b)(B) that it would be

contrary to the public interest to publish

a notice of proposed rulemaking. The

NPS is, however, soliciting comments

and will review comments and consider

making changes to the rule based upon

an analysis of comments.

In accordance with the

Administrative Procedure Act (5 U.S.C.

531 et seq.), the NPS has further

determined that publishing this interim

rule 30 days prior to the rule becoming

effective could further delay the

dissemination of safety and resource

related information to climbers. This

also would be contrary to the public

interest and the intended purpose of the

rule. Therefore, under the ‘‘good cause’’

exception of the Administrative

Procedure Act (5 U.S.C. 553(d)(3)), and

as discussed above, the NPS has been

determined that this interim rulemaking

is excepted from the 30-day delay of

effective date, and shall therefore

become effective upon the date

published in the Federal Register.

Because the NPS is soliciting

comments as discussed above, the NPS

plans to analyze comments received and

prepare further rulemaking, as

appropriate.

Public Participation

The policy of the National Park

Service is, whenever practicable, to

afford the public an opportunity to

participate in the rulemaking process.

However, in accordance with the above

discussion, the urgent need to

disseminate the information concerning

the 60-day pre-registration notice and to

ensure the safety of the mountain

climbers, it has been determined that it

is contrary to the public interest to delay

the effective date of this interim rule

pending public comment.

Nevertheless, interested persons are

invited to submit written comments or

suggestions regarding the proposed

regulations to the address noted at the

beginning of this rulemaking. Comments

must be received on or before May 30,

1995. The NPS will review comments

and consider making changes to the rule

based upon an analysis of comments.

Drafting Information

The primary authors of this rule are

Dennis Burnett, Washington Office of

Ranger Activities and Brenda Bussard of

Denali National Park and Preserve,

National Park Service.

Paperwork Reduction Act

This rule does not contain collections

of information which require approval

by the Office of Management and

Budget under 44 U.S.C. 3501 et seq.

Compliance With Other Laws

In accordance with the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq., the

NPS has determined that this interim

rule will not have a significant

economic effect on a substantial number

of small entities, nor does it require a

preparation of a regulatory analysis.

This rule was not subject to Office of

Management and Budget (OMB) review

under Executive Order 12866.

The NPS has determined that this

proposed rulemaking will not have a

significant effect on the quality of the

human environment, health and safety

because it is not expected to:

(a) Increase public use to the extent of

compromising the nature and

character of the area or causing

physical damage to it;

(b) Introduce non-compatible uses

which 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 on this determination, this

interim rule 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

Alaska, National Parks; Reporting and

recordkeeping requirements.

In consideration of the foregoing, 36

CFR part 13 is amended as follows:

PART 13—NATIONAL PARK SYSTEM

UNITS IN ALASKA

Subpart C—Special Regulations—

Specific Park areas in Alaska

1. The authority citation for part 13

continues to read as follows:

Authority: 16 U.S.C. 1, 3, 462(k), 3101 et

seq.; § 13.65(b) also issued under 16 U.S.C.

1361, 1531.

§ 13.63 [Amended]

2. Section 13.63 is amended by

revising paragraph (f) to read as follows:

* * * * *

(f) Mountain climbing. Climbing on

Mount McKinley or Mount Foraker

without registering, on a form provided

by the Superintendent, at least 60 days

in advance of the climb is prohibited.

Dated: March 23, 1995.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 95–7906 Filed 3–30–95; 8:45 am]

BILLING CODE 4310–70–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Office of Inspector General

42 CFR Part 1003

RIN 0991–AA65

Civil Money Penalties for Referrals to

Entities and for Prohibited

Arrangements and Schemes

AGENCY: Office of Inspector General

(OIG), HHS.

ACTION: Final rule with comment period.

SUMMARY: This final rule implements

the civil money penalty (CMP)

provisions established through sections

1877(g)(3) and 1877(g)(4) of the Social

Security Act. Specifically, in accordance

with section 1877(g)(3), these

regulations set forth CMPs, assessments

and an exclusion against any person

who presents, or causes to be presented,

a bill or claim the person knows or

should know is for a service unlawfully

referred under section 1877(a)(1)(A) of

the Act, or has not refunded amounts

inappropriately collected for a

prohibited referral. In addition, in

accordance with section 1877(g)(4),

these regulations set forth CMPs,

assessments and an exclusion in cases

where a physician or entity enters into

an arrangement or scheme in which the

physician or entity knows, or should

have known, that the principal purpose

is to assure referrals by the physician

which, if made directly to a particular

entity, would violate the prohibition on

referrals described in section 1877(a) of

the Act.

DATES: Effective date: This final rule

with comment period is effective on

March 31, 1995.

Comment period: Comments on the

applicability of these CMPs for referrals

to ‘‘designated health services’’ resulting

from provisions in the Omnibus Budget

Reconciliation Act (OBRA) of 1993 will