28506 Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT:

Virginia F. Williams, NPS, Appalachian

National Scenic Trail, Harpers Ferry

Center, Harpers Ferry, WV 25425.

Telephone (304) 535–6278

SUPPLEMENTARY INFORMATION:

Background

The Appalachian National Scenic

Trail (AT) is a north-south hiking trail

that stretches nearly 2,200 miles from

Mt. Katahdin, Maine, to Springer

Mountain, Georgia, along the crest of the

Appalachian Mountains. The AT is

administered by the Secretary of the

Interior through the NPS, as part of the

National Trails System.

At its inception, the AT traversed

mostly private lands. Use of the private

lands was enjoyed not only by hikers,

but also by other types of outdoor

enthusiasts. In the late 1970’s, hang

gliders in the area of Fox Gap,

Pennsylvania, with the permission of

the landowner, began launching from

the ridgetop known as Kirkridge, along

the crest of the Appalachian Mountains.

The hang gliders formally organized and

established the Water Gap Hang Gliding

Club (WGHGC) for the purpose of

promoting the safety of hang gliding and

addressing liability issues.

Originally, the WGHGC used the area

with the express permission of the

landowner and, after the area was

acquired by the NPS, the WGHGC

requested permission from the NPS and

was issued a SUP to continue using the

AT area as a launch site. During the

review process conducted by the NPS in

1995 for the renewal of the SUP for the

WGHGC, the NPS discovered that a

1983 revision to the general regulations

found at 36 CFR 2.17 had created the

requirement of a special regulation

before the NPS could renew the

WGHGC permit. Private managing

partners were consulted and they

endorse seeking the special regulation.

Other sites along the AT have

historically been used as launch sites for

hang gliders prior to NPS acquisition.

To date, the WGHGC is the only

organized club that has requested a

permit to maintain a launch site.

A proposed regulation was published

in the Federal Register on January 31,

1996 (60 FR 3358) to allow hang gliding

at the Fox Gap site pursuant to the terms

and conditions of a permit. Public

comment was invited. The comment

period closed March 1, 1996.

Summary of Comments Received

During the public comment period,

the NPS received 620 letters, of which

618 were identical form letters. After the

close of the comment period,

approximately 300 additional form

letters were received. All of the

respondents to the proposed rule

endorsed hang gliding use of the Fox

Gap site. However, the 918 form letters

urged the NPS to seek a broader, non

site-specific special regulation. After

considering all of the public comments

received, the NPS has decided to

endorse a broader rule, and to proceed

with a final rule with a modification of

the proposed rule from a site specific

regulation to a non site-specific special

regulation that may allow powerless

flight on AT acquired lands at times and

locations designated by the Park

Manager, pursuant to the terms and

conditions of a permit.

Drafting Information. The primary authors

of this final rule are Park Manager Pamela

Underhill, Landscape Architect Virginia F.

Williams at the Appalachian National Scenic

Trail Office and Dennis Burnett, Washington

Office of Ranger Activities, National Park

Service.

Paperwork Reduction Act

As required by the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.), the information collection

requirements contained in this final rule

have been approved by the Office of

Management and Budget and assigned

clearance number 1024–0026. This

information is being collected for the

Superintendent to issue a permit. The

information will be used to grant

administrative benefits. The obligation

to respond is required to obtain a

benefit.

Compliance With Other Laws

This rule was not subject to Office of

Management and Budget review under

Executive Order 12866. The Department

of the Interior determined that this

document will not have a significant

economic effect on a substantial number

of small entities under the Regulatory

Flexibility Act (5 U.S.C. 601 et. seq.).

Any economic effects of this rulemaking

will be local in nature and negligible in

scope.

The NPS has determined that this

final rule will not have a significant

effect on the quality of the human

environment, health and safety because

it is not expected to:

(a) Increase public use to the extent of

compromising the nature and character

of the area or causing physical damage

to it;

(b) Introduce incompatible uses

which compromise the nature and

character of the area or causing 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, the

regulation is categorically excluded

from the procedural requirements of the

National Environmental Policy Act

(NEPA) by Departmental guidelines in

516 DM 6 (49 FR 21438). As such,

neither an Environmental Assessment

(EA) nor an Environmental Impact

Statement (EIS) has been prepared.

However, as requests for permits for

specific launch or landing sites are

received, an EA in accordance with the

procedural requirements of NEPA, and

by Departmental guidelines, may be

required.

List of Subjects in 36 CFR Part 7

National parks, Reporting and

recordkeeping requirements.

In consideration of the foregoing, 36

CFR Chapter I, is amended as follows:

PART 7—SPECIAL REGULATIONS,

AREAS OF THE NATIONAL PARK

SYSTEM

1. The authority citation for Part 7

continues to read as follows:

Authority: 16 U.S.C. 1, 3, 9a, 460(q),

462(k); Sec. 7.96 also issued under D.C. Code

8–137 (1981) and D.C. Code 40–721 (1981).

2. Section 7.100 is amended by

adding paragraph (c) to read as follows:

-

§ 7.100 Appalachian National Scenic Trail.

* * * * *

(C) Powerless flight. The use of

devices designed to carry persons

through the air in powerless flight is

allowed at times and locations

designated by the Park Manager,

pursuant to the terms and conditions of

a permit.

Dated: May 29, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 96–14103 Filed 6–4–96; 8:45 am]

BILLING CODE 4310–70–P

36 CFR Part 17

RIN 1024–AC27

Conveyance of Freehold and

Leasehold Interests

AGENCY: National Park Service, Interior.

ACTION: Final rule.

SUMMARY: The National Park Service

(NPS) is revising portions of the

regulations for conveyance of freehold

and leasehold interests on lands

administered by the NPS. The final rule

will allow bids for freehold and
Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations 28507

leasehold interests on lands to be

accompanied by earnest money

equivalent to 2 percent of the appraised

value or $2,500, whichever is greater,

with the balance of the bid due within

45 days of the award. The NPS has

experienced problems selling parcels of

real estate under the current regulations,

which require that bids be accompanied

by certified checks, post office money

orders, bank drafts or cashier’s checks

for the full amount of the bids. The

changes to the regulations address this

issue and will correct the problem

identified with the previous regulations.

With these changes, the NPS will be

able to convey freehold and leasehold

interests on federally owned lands.

This final rule also provides for a time

frame for submitting the balance of the

bid and describes what occurs if the

successful bidder is unable to obtain the

necessary financing in the case of a

freehold interest. The NPS is revising

and amending the current regulations

on action at close of bidding, by

allowing 45 days from the time of bid

award to submit the balance due.

Failure to submit the full bid price

within 45 days will result in forfeiture

of $1,000 of the deposited bid amount

and the property will be awarded to the

next highest bid.

EFFECTIVE DATE: This rule becomes final

on July 5, 1996.

FOR FURTHER INFORMATION CONTACT: Jeff

Winstel, Historian, Cuyahoga Valley

National Recreation Area, 15160

Vaughn Road, Brecksville, OH 44114.

Telephone (216) 546–5975.

SUPPLEMENTARY INFORMATION:

Background

The current NPS regulations regarding

conveyance of freehold and leasehold

interests on land are codified in 36 CFR

part 17 and authorize sale of Federal

real property acquired from non-Federal

sources.

On June 3, 1993, Cuyahoga Valley

National Recreation Area, a unit of the

National Park System, held a bid

opening for the purpose of selling 1.13

acres of improved Federally owned

land. Improvements included a historic

three-bedroom residence, a detached

single car garage and two small sheds.

Historic preservation deed restrictions

were placed on the structures and

scenic deed restrictions were placed on

the property.

The property was marketed

extensively. It was listed in the Federal

Register, advertised in a local paper for

five consecutive weeks, marketed with a

local realtor, listed in the Multiple

Listing Service, advertised on local

television channels and open houses

were held on four days. There was

considerable interest in the property

with 180 prospective buyers attending

the open houses and private showings.

Interviews with park officials by news

media reporters regarding the property

appeared on local TV stations and in

local newspapers.

When the property was open for bid

on June 3, 1993, not a single bid was

received. This lack of response was a

concern and inquiries were made of 50

people who had attended the open

houses and expressed a sincere interest

in buying the property. The major

reason given for not bidding was the

requirement that the full amount of the

bid be enclosed with the bid. No

lending institution would approve this

type of arrangement.

The NPS is therefore revising this

regulation. The NPS is amending the

sixth sentence of 36 CFR 17.5 as

follows: ‘‘Bid must be accompanied by

certified checks, post office money

orders, bank drafts or cashier’s checks

made payable to the United States of

America for 2 percent of the fair market

value or $2,500, whichever is greater, in

the case of a freehold interest or for the

amount of the first year’s rent in the

case of a leasehold interest.’’

The NPS is also amending 36 CFR

17.6 by adding the following two

sentences to the end of the section: ‘‘In

the case of a freehold interest the high

bidder must submit the balance of the

bid within 45 days of the bid award in

the form of certified check, post office

money order, bank draft or cashier’s

check made payable to the United States

of America. Failure to submit the full

balance within 45 days will result in

forfeiture of $1,000 of the bid deposit,

unless the bidder has been released

from the bid or an extension has been

granted by the authorized officer, and

the property will be awarded to the next

highest bidder upon fulfillment of the

requirements of this section.’’

These changes will improve the

existing regulations by permitting

prospective bidders to participate

without an outlay of a large sum of cash.

This amendment will also facilitate the

‘‘sellback’’ of historic structures to the

private sector and place real property on

the local tax rolls. The historic and

scenic values of the properties will be

protected through deed restrictions.

On February 12, 1996, the NPS

published the proposed regulation that

will amend these regulations for

conveyance of freehold and leasehold

interests on lands administered by the

NPS (61 FR 5356). The comment period

closed on April 12, 1996. No comments

were received during the public

comment period. This rule becomes

final 30 days after publication in the

Federal Register.

Drafting Information. The primary author

of this regulation is John P. Debo, Jr.,

Superintendent, Cuyahoga Valley National

Recreation Area.

Paperwork Reduction Act

This final rule does not contain

collections of information requiring

approval by the Office of Management

and Budget under the Paperwork

Reduction Act of 1995.

Compliance With Other Laws

This final rule was not subject to

Office of Management and Budget

review under Executive Order 12866.

The Department of the Interior

determined that this document will not

have a significant economic effect on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). In fact, this

rulemaking will lessen the economic

burden on prospective bidders by not

requiring the full amount of the bid at

the time of the bid.

The NPS has determined that this

rulemaking will not have a significant

effect on the quality of the human

environment, health and safety because

it is not expected to:

(a) Increase public use to the extent of

compromising the nature and character

of the area or causing physical damage

to it;

(b) Introduce 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 on this determination, this

rulemaking 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

(EA) nor an Environmental Impact

Statement (EIS) has been prepared.

List of Subjects in 36 CFR Part 17

National parks, Reporting and

recordkeeping requirements.

In consideration of the foregoing, 36

CFR Chapter I is amended as follows:

PART 17—CONVEYANCE OF

FREEHOLD AND LEASEHOLD

INTERESTS ON LANDS OF THE

NATIONAL PARK SYSTEM

1. The authority citation for Part 17

continues to read as follows:

Authority: Sec 5(a) of the Act of July 15,

1968, 82 Stat. 354, 16 U.S.C. 4601–22(a).
28508 Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations

2. Section 17.5 is amended by revising

the sixth sentence to read as follows:

§ 17.5 Bids.

* * * Bids must be accompanied by

certified checks, post office money

orders, bank drafts, or cashier’s checks

made payable to the United States of

America for 2 percent of the amount of

the fair market value or $2,500,

whichever is greater, in the case of a

freehold interest or for the amount of

the first year’s rent in the case of a

leasehold interest. * * *

3. Section 17.6 is amended by adding

two sentences to the end of the section,

to read as follows:

§ 17.6 Action at close of bidding.

* * * In the case of a freehold

interest, the high bidder must submit

the balance of the bid within 45 days of

the bid award in the form of a certified

check, post office money order, bank

draft, or cashier’s check, made payable

to the United States of America. Failure

to submit the full balance within 45

days will result in the forfeiture of

$1,000 of bid deposit, unless the bidder

has been released from the bid or an

extension has been granted by the

authorized officer, and the property will

be awarded to the next highest bidder

upon fulfillment of the requirements of

this section.

Date: May 19, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 96–14104 Filed 6–4–96; 8:45 am]

BILLING CODE 4310–70–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 264, 265, 270, and 271

[FRL–5509–4]

RIN 2060–AB94

Hazardous Waste Treatment, Storage,

and Disposal Facilities and Hazardous

Waste Generators; Organic Air

Emission Standards for Tanks, Surface

Impoundments, and Containers

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Amendment of final rule to

postpone requirements.

SUMMARY: This document amends the

EPA standards to postpone the effective

date of the requirements in the

December 6, 1994 final rule entitled,

‘‘Hazardous Waste Treatment, Storage,

and Disposal Facilities and Hazardous

Waste Generators; Organic Air Emission

Standards for Tanks, Surface

Impoundments, and Containers’’ until

October 6, 1996.

DATES: These amendments are effective

June 5, 1996.

ADDRESSES: Docket. The supporting

information used for the final rule is

available for public inspection and

copying in the RCRA docket. The RCRA

docket numbers pertaining to the final

rule are F–91–CESP–FFFFF, F–92–

CESA–FFFFF, F–94–CESF–FFFFF, F–

94–CE2A–FFFFF, F–95–CE3A–FFFFF,

and F–96–CE4A–FFFFF. The RCRA

docket is located at Crystal Gateway,

1235 Jefferson Davis Highway, First

Floor, Arlington, Virginia. Review of

docket materials is conducted at the

Virginia address; an appointment is

required to review docket materials.

Appointments can be scheduled by

calling the Docket Office at (703) 603–

9230. The mailing address for the RCRA

Docket Office is RCRA Information

Center (5305W), U.S. Environmental

Protection Agency, 401 M Street, S.W.,

Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT: For

information about this postponement

contact the RCRA Hotline at (800) 424–

9346 toll-free, or (703) 920–9810.

SUPPLEMENTARY INFORMATION:

1. Postponement of Effective Date for

Rule Requirements

The effective date of the requirements

in the final rule, originally published

December 6, 1994 (59 FR 62896) and

postponed November 13, 1995 (60 FR

56952), are further postponed until

October 6, 1996. The requirements of

these final standards were originally

scheduled to become effective as of June

5, 1995. The EPA specified in the final

rule a schedule that established the

compliance dates by which different

requirements of the final rule must be

met. These compliance dates and

requirements are explained further in

the final rule (59 FR 62896, December

6, 1994) under SUPPLEMENTARY

INFORMATION. Today’s amendment

changes only the effective date of the

requirements contained in the final

standards. The effective date will be

October 6, 1996 for all provisions of the

standards, including the applicability of

40 CFR part 265 subparts AA, BB, and

CC to 90-day accumulation units at

hazardous waste generators, the

applicability of 40 CFR part 265

subparts AA, BB, and CC to RCRA

permitted units, and the applicability of

the final standards to tanks in which

waste stabilization activities are

performed. All other compliance dates

for the final rule remain as published in

the final rule (59 FR 62896.)

The EPA initially extended the

effective date of the requirements in the

final rule for six months to allow time

to clarify certain provisions of the final

rule and develop other compliance

options (see 60 FR 26828, May 19,

1995). On August 14, 1995 the EPA

published a Federal Register notice,

‘‘Proposed rule; data availability’’ (60

FR 41870) and opened RCRA docket F–

95–CE3A–FFFFF to accept comments

on revisions that the EPA is considering

for the final standards. The provisions

of the final rule that these revisions

would affect are the waste

determination procedures, the standards

for containers, and the applicability of

the final standards to units that operate

air emission controls in accordance with

certain Clean Air Act standards. In

addition, these revisions would reduce

the monitoring, record keeping, and

reporting requirements for affected

tanks, surface impoundments, and

containers.

The EPA accepted public comments

on the appropriateness of these

revisions through October 13, 1995, and

is now in the process of finalizing

amendments to the final rule to

incorporate the described revisions,

based on the information the EPA

noticed and the comments EPA

received. As anticipated, the

amendments will provide certain

compliance options for waste

determination procedures and for

container standards that are not

currently available in the published

final rule. On November 13, 1995 (60 FR

56952) the EPA again postponed the

effective date of the rule requirements

until June 6, 1996 to allow time for the

EPA to publish amendments to the

December 6, 1994 final standards. The

EPA expects to publish these

amendments in the near future. Given

that the EPA is in the process of

amending the rule in ways that would

increase compliance flexibility and

possibly reduce certain regulatory

requirements, the EPA considers it

appropriate to delay the June 6, 1996

effective date of the rule requirements

for four months. (See 5 U.S.C. 705,

‘‘when an agency finds that justice so

requires, it may postpone the effective

date of action taken by it, pending

judicial review.’’) In particular, the EPA

is not sure that it will have adequate

time to promulgate the amendments

before June 6, 1996 to allow facilities to

avoid compliance expenditures based

on the December 6, 1994 final rule,

expenditures which may prove

unnecessary in light of the projected

amendments. This postponement will

thus allow time for the EPA to publish