Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations 28505

SUPPLEMENTARY INFORMATION:

Background

The National Park System of the

United States comprises 369 areas

covering over 80 million acres in 49

States, the District of Columbia,

American Samoa, Guam, Puerto Rico,

Sampan and the Virgin Islands. These

areas of national significance justify

special recognition and protection in

accordance with various acts of

Congress.

In 1995, as a result of: (1) the NPS’s

own assessment of a need to change

how it accomplished its essential work

with increasing constraints; (2) the

National Performance Review (NPR),

which directed Federal agencies to cut

red tape, put customers first, empower

employees to get results and reduce

layers in organizations; and (3) The

Federal Workforce Restructuring Act of

1994 (P.L. 103–226), a government-wide

Workforce reduction, the NPS

implemented a Servicewide

restructuring of the organization. The

reorganization effort drastically reduces

central office staffs. The 10 NPS

Regional Directors have been replaced

by 7 Field Directors, who provide

direction, oversight, budget formulation

and assistance in media relations for the

parks and support offices in their

geographical field areas. With the

change and revision of the regional

concept, all national park units are now

grouped into clusters to act

collaboratively in sharing limited

resources. A network of 16 system

support offices provide services and

support to the parks by cluster.

The President of the United States,

through the Secretary of the Interior and

the Director of the NPS, allowed the

Regional Directors of the ten Regional

Offices certain delegated authorities in

the management of the park units. 36

CFR Parts 1–199 contains many of these

authorities. Because the term Regional

Director is codified in the CFR, the

definition of Regional Director must be

replaced to reflect the new authorities

given to Field Directors as a result of the

reorganization. Many of these

authorities have the enforcement

powers of law. On November 3, 1995,

the NPS published a final rule in the

Federal Register (60 FR 55789)

changing the nomenclature in 36 CFR

Parts 1–199 from Regional Director to

Field Director.

The NPS adopts this final rule

pursuant to the ‘‘agency organization’’

exception of the Administrative

Procedure Act (5 U.S.C. 553(b)(A)) from

general notice and comment

rulemaking. The NPS believes that this

exception from rulemaking procedures

is warranted because it is merely a

change in agency organizational

structure. The NPS finds that notice and

comment are unnecessary and contrary

to the public interest for this final rule.

The NPS has also determined, in

accordance with the Administrative

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

the publishing of this final rule 30 days

prior to the rule becoming effective

would be counterproductive and

unnecessary for the reasons discussed

above. A 30-day delay would be

contrary to the public interest and the

interest of the agency. Therefore, under

the ‘‘good cause’’ exception of the

Administrative Procedure Act (5 U.S.C.

553(d)(3)), it has been determined that

this rulemaking is excepted from the 30-

day delay in the effective date and shall

therefore become effective on the date

published in the Federal Register.

Drafting Information. The primary author

of this final rule is Dennis Burnett,

Washington Office of Ranger Activities,

National Park Service.

Paperwork Reduction Act

This rulemaking does not contain

information collection requirements that

require approval by the Office of

Management and Budget under the

Paperwork Reduction Act of 1995.

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 has 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.).

The economic effects of this rulemaking

are negligible.

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 incompatible uses

which compromise the nature and

characteristics of the area or cause

physical damage to it;

(c) Conflict with adjacent ownership

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.

List of Subjects in 36 CFR Part 6

National parks, Natural resources,

Penalties, Reporting and recordkeeping

requirements, Waste treatment.

In consideration of the foregoing, and

under the authority at 18 U.S.C. 1 and

3, 36 CFR Chapter I is amended as

follows:

PART 6—SOLID WASTE DISPOSAL

SITES IN UNITS OF THE NATIONAL

PARK SYSTEM

1. The authority citation for 36 CFR

part 6 continues to read as follows:

Authority: 16 U.S.C. 1, 3, 4601–22(c).

2. 36 CFR Part 6 is amended by

removing the term ‘‘Regional Director’’

and inserting the term ‘‘Field Director’’

in its place each time it appears.

Dated: May 29, 1996.

George T. Frampton,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 96–14122 Filed 6–4–96; 8:45 am]

BILLING CODE 4310–70–P

36 CFR Part 7

RIN 1024–AC42

Appalachian National Scenic Trail,

Powerless Flight

AGENCY: National Park Service, Interior.

ACTION: Final rule.

SUMMARY: The National Park Service

(NPS) is adopting this final rule to allow

powerless flight along the Appalachian

National Scenic Trail at times and

locations designated by the Park

Manager, pursuant to the terms and

conditions of a permit. The terms and

conditions of a Special Use Permit

(SUP) will in all cases prohibit stunt

flying, commercialization, advertising,

publicity, contests, meets,

demonstrations and motor vehicular

access on non-public roads. In addition,

the Park Manager may require, as a

standard condition of the SUP, that all

hang gliders using the designated site be

qualified pilots licensed by the United

States Hang Gliding Association. The

frequency of launch sites, level of use,

availability of alternate sites and

cumulative impacts on the remote

recreational experience and character of

the Appalachian Trail will be significant

factors in determining whether new

launch and/or landing sites will be

designated.

EFFECTIVE DATE: This final rule becomes

effective on July 5, 1996.
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