Appalachian National Scenic Trail

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AC36

Appalachian National Scenic Trail

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The National Park Service (NPS) is proposing this rule to

allow hang gliding use along the Appalachian National Scenic Trail by

licensed persons at the Fox Gap, Pennsylvania, launch site pursuant to

the terms and conditions of a Special Use Permit.

The Project Manager will be provided the discretion to require that

all hang gliders using the designated site identified in the Special

Regulation be qualified pilots licensed by the United States Hang

Gliding Association. The terms and conditions of a Special Use Permit

(SUP) will prohibit stunt flying, commercialization, advertising,

publicity, contests, meets, demonstrations and motor vehicular access.

DATES: Written comments will be accepted through March 1, 1996.

ADDRESSES: Comments should be addressed to: Project Manager,

Appalachian Trail Project Office, National Park Service, c/o Harpers

Ferry Center, Harpers Ferry, WV 25425.

FOR FURTHER INFORMATION CONTACT:

Virginia F. Williams, Appalachian Trail Project Office, National Park

Service, c/o Harpers Ferry Center, Harpers Ferry, WV 25425, (304) 535-

6278 phone, (304) 535-6270 fax.

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

[[Page 3359]]

Appalachian Mountains. The AT is administered by the Secretary of the

Interior through the National Park Service 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 endorsed seeking the special regulation.

An interim rule was published in the Federal Register on July 14,

1995 (60 FR 36224) to allow the continuation of the existing hang

gliding activity on the Appalachian Trail while the agency developed a

special regulation to address the activity through public notice and

comment rulemaking.

The hang gliding launch site known as Kirkridge is located near Fox

Gap, Pennsylvania. The WGHGC believes this site is the best launch site

in the region. It has been well maintained for approximately 7 years. A

private landowner immediately adjacent to the site endorses the

continued use by the hang gliders. The hang gliding club has displaced

a non-compatible user group that historically misused the site and

caused serious management problems.

The WGHGC has proven by past conduct to be a good steward of these

public lands. The WGHGC has assumed shared responsibility for

maintenance of this popular section of the AT along with the local

trail club. The WGHGC has a published maintenance schedule for its

individual club members to provide trash pick-up in the general area.

The WGHGC works with the local trail club to protect the resource

qualities of the area and to ensure the area is safe for public use by

other outdoor enthusiasts. The private landowners adjacent to the site

have endorsed the continued use of the area by the WGHGC. Based upon a

review of the past years use by WGHGC and the experience of others

(including the landowners and local hiking club) in the area, the NPS

has determined that there are no known adverse impacts caused by the

WGHGC activities.

Based on available data and experience at this site, there are no

known adverse impacts caused by hang gliding use to the Appalachian

Trail. In fact, the results of past use by hang gliders at the location

have shown that the net result is generally positive with small

benefits to the Trail and its resources.

This proposed rule is virtually identical to the interim rule that

was published on July 14, 1995 (60 FR 36224). The comment period for

the interim rule was 60 days (through September 12, 1995). Because of

this, the agency has determined that a 30 comment period for this

proposed regulation is adequate.

Public Participation

It is the policy of the Department of the Interior, whenever

practicable, to afford the public an opportunity to participate in the

rulemaking process. Accordingly, interested persons may submit written

comments regarding this proposed regulation to the address noted at the

beginning of this rulemaking. The NPS will review comments and consider

making changes to the rule based upon an analysis of the comments.

Drafting Information: The primary authors of this proposed

rulemaking are Acting Project Manager Donald T. King and Landscape

Architect Virginia F. Williams at the Appalachian Trail Project

Office.

Paperwork Reduction Act

This proposed rule does not contain collections of information

requiring approval by the Office of Management and Budget under 44

U.S.C. 3501 et seq.

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.). The economic effects of this rulemaking are

local in nature and negligible in scope.

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

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, this proposed 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 7

National parks, Reporting and recordkeeping requirements.

In consideration of the foregoing, it is proposed to amend 36 CFR

Chapter I 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 revising 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 a site known as Fox

Gap, Pennsylvania, located near longitude 75 deg.11'0'' W and latitude

40 deg.56'17'' N, pursuant to the terms and conditions of a permit.

Dated: November 7, 1995.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 96-1749 Filed 1-30-96; 8:45 am]

BILLING CODE 4310-70-M