[Federal Register Volume 61, Number 109 (Wednesday, June 5, 1996)]
[Proposed Rules]
[Pages 28530-28531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14105]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AC45
Big Thicket National Preserve, Moored Houseboats
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The National Park Service (NPS) is proposing regulations that
will require all houseboat owners to register their houseboats at the
Office of the Superintendent of the Preserve to adhere to regulations
pertaining specifically to moored houseboats within the boundaries of
the Preserve. This rulemaking will also include regulations pertaining
to sanitation and refuse (trash removal), fire extinguishers and
personal flotation devices on board houseboats. The addition of the
proposed regulations will allow the NPS to identify each houseboat
owner in the event emergency notification is needed while the houseboat
is vacant. The regulations will also assist the park in monitoring
recreational activities directly related to houseboats. These
regulations will enhance protection of the resources in the Preserve
while providing improved visitor protection services by park personnel.
DATES: Written comments will be accepted through August 5, 1996.
ADDRESSES: Comments should be addressed to: Superintendent, Big Thicket
National Preserve, 3785 Milam, Beaumont, Texas 77701.
FOR FURTHER INFORMATION CONTACT: Robert D. Appling, Chief Ranger Big
Thicket National Preserve, Telephone 409-839-2689.
SUPPLEMENTARY INFORMATION:
Background
Houseboats have been moored on the Neches River and its tributaries
since before Big Thicket National Preserve was established. The mooring
of houseboats within the Preserve is considered a traditional use and
should be allowed to continue. Houseboat owners are primarily local
residents of the Southeast Texas area.
Houseboat owners and the recreational activities associated with
these moored houseboats have been mostly unregulated since the Preserve
was established in 1974 (16 U.S.C. 698). Activities associated with
houseboats have led to the degradation of Preserve resources in a
variety of ways, including the poaching of fish and game, damage to and
removal of vegetation to establish egress routes, concentrated human
use impacts, stream bank erosion and the prohibited discharge of
sewage, animal and fish remains, and other aquatic pollutants.
Houseboats have been left unattended for long periods of time and
many are utilized only during the approved hunting season. Attempts by
Preserve personnel to contact houseboat owners to inform them of damage
to their property or to advise them of violations of regulations have
proven to be extremely difficult. Many houseboat owners do not have
telephones and the park does not have permanent addresses where the
owners can be contacted.
The NPS believes that the addition of these regulations will
provide for better management of the land and water resources of the
Preserve and improve overall communications with houseboat owners by
providing accurate and updated information concerning hunting, fishing,
boating and water use activities.
Public Participation
It is the policy of the Department of 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 rule to the address noted at the
beginning of this rulemaking. Big Thicket National Preserve will also
publish public notices in local papers informing the general public of
the proposed rule. The NPS will review comments and consider making
changes to the final rule based upon an analysis of the comments.
Drafting Information. The primary authors of this proposed rule
are Robert D. Appling, Chief Ranger and Richard F. Strahan, Chief,
Division of Resource Management, and Dennis Burnett, Washington
Office of Ranger Activities, National Park Service.
Paperwork Reduction Act
This proposed 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 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 USC 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, 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 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 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 7.85 is amended by adding new paragraph (e) to read as
follows:
Sec. 7.85 Big Thicket National Preserve.
* * * * *
(e) Moored houseboats. Except as otherwise provided, the following
regulations will be applicable:
(1) All houseboats moored on waterways within the boundaries of Big
Thicket National Preserve are required to be registered with the Office
of the Superintendent, Big Thicket National Preserve. Houseboats will
be assigned a number and a decal at the beginning of each calendar
year. It is further required that written notification will be given to
the Office of the Superintendent prior to relocation of a houseboat
from its registered location.
(2) Houseboats will be located a minimum distance of one-half mile
from other houseboats.
[[Page 28531]]
(3) New houseboats that have buoyancy flotation devices enabling
the houseboat to float will be limited to styrofoam-type material or
commercially made flotation products such as pontoon floats. Houseboats
utilizing containers made of metal (e.g., 55 gallon drums for buoyancy/
flotation) will not be permitted unless the container has never been
used to store any type of product inside and proof to this effect is
provided.
(4) Houseboats will have a chemical or other marine-type approved
holding tank or storage container. Discharge of sewage into waters
within the Preserve is prohibited.
(5) All trash and other waste material accumulated on houseboats
will be properly disposed of outside the Preserve boundaries. Burying
or burning trash is prohibited.
(6) All weapons on houseboats will be unloaded and cased.
(7) Houseboats will be equipped with a minimum of one approved Type
B-l fire extinguisher, one Type I personal flotation device for each
individual occupying the houseboat, and one Type IV buoyant cushion or
ring buoy.
(8) Houseboats will have a minimum of three reflective devices
located so as to be visible to other marine type traffic from sunset to
sunrise.
(9) Fires on Preserve land will not be left unattended and will be
completely extinguished before leaving the area of the moored
houseboat.
(10) Damage to any trees or vegetation on Preserve land surrounding
the moored houseboat is prohibited. This includes such actions as, but
not limited to:
(i) Mooring houseboats to trees;
(ii) Nailing objects to trees;
(iii) Clearing of vegetation; and
(iv) Streambank modification.
(11) All persons registering a houseboat within the boundaries of
Big Thicket National Preserve will comply with all regulations
pertaining to moored houseboats.
Dated: May 9, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-14105 Filed 6-4-96; 8:45 am]
BILLING CODE 4310-70-P
