Federal Register / Vol

Federal Register / Vol. 48, No. 127 / Thursday, June 30, 1983 / Rules and Regulations

be covered under the procedures of §1.5. The Service has decided that the "quite hours" restriction should be included in the camping regulation, as there is need for a servicewide standard on this issue. Should the 10.00 p.m. to 6:00 am timeframe not be suited to a particular park's need, a superintendent may designate different times under the authority of §1.5.

The Service also requested comments in its proposed rule on whether the provision should be retained prohibiting the use of a campsite within a park as a base for hunting outside of the park. The National Park Service has determined that it is inappropriate to prohibit the use of campsites within a park as a base for hunting outside the park. The law enforcement and public use concerns of the Service will be met through a prohibition on the display of wildlife carcasses, remains or parts thereof except when taken pursuant to §2.2. If further restrictions are needed the superintendent may use the designation process authority in §1.5. It should be noted that while the display of wildlife or parts thereof is prohibited except pursuant to §2.2, the enabling legislation for the following park areas provides that the possession of the dead bodies of wildlife or the parts thereof shall be prima facie evidence of the violation of the applicable statutory prohibition on the taking of wildlife: Crater Lake, Glacier, Great Smoky Mountains, Hawaii Volcanoes, Isle Royale, Lassen Volcanic, Mammouth Cave, Mesa Verde, Mount Rainier, Olympic, Rocky Mountain, Sequoia, Shenandoah, Yellowstone and Yosemite National Parks.

In response to comments that the food storage regulation did not provide enough flexibility for the superintendent to meet individual park needs, the Service has modified this provision. Superintendents have the authority to designate locations in which food storage requirements will be in effect and have discretion in implementing these restrictions.

Section 2.11 Picnicking.

The National Park Service received 68 comments in opposition to this regulation. which establishes a single standard for picnicking in all National Park System areas. This rule generally allows picnicking, an activity that is enjoyed by many park visitors with little, if any, resource impact in a number of park areas. However, the Service also recognizes that there are many parks or portions of parks where picnicking is not appropriate, i.e., battlegrounds, cemeteries, historical sites. To accommodate these areas. This regulation authorizes the superintendent to restrict picnicking or close areas to this activity. Since previous codifications of this rule generally required that the public be advised of the picnicking prohibition through signing or other notification, the Service believes that this rule will have little actual impact on the manner in which picnicking is regulated.

Section 2.12 Audio Disturbances

Numerous commenters pointed out two problems with this proposed regulation: (1) The sound pressure level of 85 decibels for motorized equipment or machinery was too high; and (2) without a specified distance at which to measure this sound, the regulation was unenforceable. In response to these comments, the Service has adopted a noise level of 60 decibels measured on the A-weighted scale at 50 feet. Devices producing noise above this level are prohibited. A second standard or test has also been added in park areas where a decibel meter is unavailable or where reasonableness calls for a lower level of noise, such as in crowded campgrounds, during interpretive programs, and at night when individuals are sleeping. The standard here will be whether the noise is reasonable considering the nature and purpose of the actor's conduct, location, time of day or night, or impact on other park users. This is identical to the one adopted in §2.10 and §2.34.

Section 2.13 Fires.

A few individuals questioned the need to apply this regulation to privately owned lands under the exclusive- or concurrent jurisdiction of the United States. T his does not represents change from earlier codifications on this provision. The Service believes that it must have the authority to restrict such fires that, if uncontrolled. could spread to threaten park: lands or endanger resources, persons or property on other private lands.

Section 2.14 Sanitation and Refuse.

Two commenters suggested that the prohibition, in the proposed regulation, against polluting or contaminating a drinking water supply, should be broadened to include all park area waters or water courses. The National Park Service has adopted this suggestion Another individual recommended that the Service require the burial of human waste in nondeveloped areas. This in not feasible in certain areas because of hydrological, geological and ecological factors such as frozen ground conditions or rocky terrain. The superintendent needs some discretion to establish procedures concerning the disposal, containerization or carryout of human waste, as required in a particular situation. This final rule provides that flexibility.

Section 2.15 Pets.

Several individuals suggested that this regulation be rewritten to authorize the closing of portions of a park to all pets. Should such a closure be necessary, it can be accomplished under the authority of §1.5.

A few commenters requested that a prevision be added to this regulation to prohibit one from leaving a pet locked in a car on a hot day. To alleviate this problem, the superintendent can desiderate certain stipulations in accordance with the procedures of §1.5 and §1.7.

One writer suggested that the term "unreasonable" in §2.15a)(4) should be mare precisely defined. The Service has therefore, adopted a noise standard, similar to the one used in §2.10, §2.12 and §2.34 for this regulation.

One individual indicated that a paragraph should he added excluding from the provisions of this section, dogs used by authorized Federal. State and local law enforcement officers in the performance of their official duties. This suggestion has been adopted in §2.15(f).

Several commenters requested a clarification of the applicability of this section to sled dogs. In park areas where sledding is permitted, dogs, while in harness, may be used to pull sleds within designated areas. Sled dogs are authorized for use in Alaskan park areas under 38 CFR 13.12.

Section 2.16 Horses and Pack Animals.

One individual commented that the term "unreasonable noise or gesture" as used in §2.16(f) was too vague to be enforceable. The Service agrees with this comment, and has adopted the following standard for unreasonable noise or gesture "considering the nature and purpose of the actor's conduct, and other factors that would govern the conduct of a reasonably prudent person.

****" This standard is identical to the one used in §2.15(a)(4).

Several commenters suggested that this regulation be revised to authorize the use of sled dogs as pack animals. The Service has determined that, as a general rule, dogs should not be designated as pack animals They are inappropriate in nondeveloped areas where they frequently interact unfavorably with park visitors and wildlife.