Appalachian National Scenic Trail, Powerless Flight

DEPARTMENT OF THE INTERIOR

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.

[[Page 28506]]

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: -

Sec. 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