[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Rules and Regulations]
[Pages 39257-39258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18885]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AC23
Voyageurs National Park; Aircraft Operations--Designation of
Areas
AGENCY: National Park Service, Interior.
ACTION: Interim rule.
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SUMMARY: The National Park Service (NPS) is adopting this interim rule
for Voyageurs National Park to allow an activity that has been
identified in the 1980 Master Plan and the 1992 Wilderness Plan. The
interim rule will designate certain areas open to aircraft use within
the park for a limited duration of time while the agency develops a
special regulation to address the activity through public notice and
comment rulemaking. This addition is necessary because NPS general
regulations require special regulatory designations for areas in parks
open to the operation or use by aircraft. The intended effects are to
ensure safety, protect resources and provide appropriate enjoyment to
park users.
DATES: This rule is effective on August 2, 1995 and will expire upon
the publication of a final rule developed through the normal public
notice and comment rulemaking process. Written comments will be
accepted through October 2, 1995.
ADDRESSES: Comments should be addressed to: Superintendent, Voyageurs
National Park, 3131 Highway 53, International Falls, MN 56649-8904.
FOR FURTHER INFORMATION CONTACT: Chief Ranger, Voyageurs National Park,
3131 Highway 53, International Falls, MN 56649-8904, Telephone: (218)
283-9821.
SUPPLEMENTARY INFORMATION:
Background
The enabling legislation for Voyageurs National Park states ``The
Secretary may, when planning for development of the park, include
appropriate provisions for * * * use by seaplanes * * *.'' 16 U.S.C.
Section 160h. The 1980 Master Plan for the park states that float
planes and ski planes will be allowed upon all lakes deemed safe by the
Minnesota Department of Transportation. It also states that this
allowance would be subject to the findings of the wilderness study. The
1992 wilderness study recommended that planes be allowed on the four
major lakes (Rainy, Kabetogama, Namakan and Sand Point), as well as the
following interior lakes: Locator, War Club, Quill, Loiten, Shoepack,
Little Trout and Mukooda. The park has received several requests for
permission to land float planes on park lakes this summer.
Public aircraft use on park waters occurred prior to the
designation of the park in 1971. This use is primarily related to
fishing, camping, transportation to resorts and summer dwellings and is
typical for the area. Float plane use is mainly associated with the
four major lakes with use of the interior lakes constituting less than
1% of the park's use. Aircraft are currently prohibited from using
about 22 small interior lakes that have been determined to be too small
to use safely by the Minnesota Department of Transportation. Three
other lakes that have been used periodically and are accessible by
hiking trails will not be opened to float plane use by this regulation.
The closing of these three interior lakes will allow the park to manage
the interior lakes on an equitable basis since other motorized uses are
prohibited. Section 2.17 of 36 CFR prohibits the operation or use of
aircraft on lands and waters within park areas except at locations
designated through the special rulemaking process.
This interim rule will allow the park to grant appropriate requests
for aircraft operation this summer. It will also increase public safety
by identifying where and under what conditions aircraft are allowed to
operate and improving information to the public on where they may
expect to see aircraft within the park. This will lessen potential
conflicts among user groups and encourage those that do not want to
associate with aircraft operations to select areas within the park that
are closed to aircraft use. There will be increased enjoyment among
users by delineating areas appropriate to specialized uses. By
identifying areas open to aircraft use, the park will be able to limit
aircraft use to less sensitive areas and improve protection of
resources. The park will also be able to improve information to pilots
on what areas are open and what areas are closed to aircraft operations
as well as information on sensitive areas that would be affected by
aircraft use. This regulation will allow the park to identify those
areas where appropriate use may occur, improve public information and
protect area resources.
The NPS is adopting this interim rule to allow an activity that has
been identified as compatible with the establishment of the park and an
activity that was specifically identified in the park's enabling
legislation as an acceptable activity in the park. Because of the time
requirements associated with the normal rulemaking process, and the
fact that the NPS has been unable to proceed in a timely manner with a
proposed rule this summer, the agency has determined that an interim
rule would allow for aircraft use in a more expeditious manner. The
interim rule will allow aircraft use to occur while the agency proceeds
with the required rulemaking to adopt a permanent special regulation
for Voyageurs National Park.
The NPS is adopting this interim rule pursuant to the ``good
cause'' exception of the Administrative Procedure Act (5 U.S.C.
553(b)(B)) from general notice and comment rulemaking. As discussed
above, the NPS believes that this exception is warranted in order to
authorize float plane use this summer, insofar as such use is
identified in the park's enabling legislation, management plan,
wilderness plan, environmental assessment and environmental impact
statement. Moreover, the development of these documents solicited and
provided ample opportunity for public comment, and the public comment
revealed support for appropriate aircraft use.
Because public comment is a principal reason for the general
regulation requirement of special regulations to allow the designation
of locations for this activity, the NPS finds that notice and comment
are unnecessary and contrary to the public interest for this interim
rule. Furthermore, the NPS is developing and will be publishing soon in
the Federal Register a proposed rule requesting public comment on a
special regulation to allow the use of aircraft in Voyageurs National
Park. This interim rule is
[[Page 39258]]
limited in duration and will terminate with the publication of a final
rule in the Federal Register.
The NPS has also determined, in accordance with the Administrative
Procedure Act (5 U.S.C. 553(d)(3)), that the publishing of this interim
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. Therefore, under
the ``good cause'' exception of the Administrative Procedure Act (5
U.S.C. 553(d)(3)), it has been determined that this interim 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 authors of this interim rule
are Bruce D. McKeeman, Chief Ranger, Voyageurs National Park and
Dennis Burnett, Washington Office of Ranger Activities.
Paperwork Reduction Act
This rulemaking does not contain information collection
requirements that require approval by the Office of Management and
Budget under 44 U.S.C. 3501 et seq.
Compliance With Other Laws
Pursuant to the Act of January 3, 1968, 84 Stat. 1972, 16 U.S.C.
Section 160f(b), the NPS prepared a Wilderness Recommendation and,
pursuant to the National Environmental Policy Act, 42 U.S.C. Secs. 4332
et seq., prepared an Environmental Impact Statement (EIS) assessing the
effects of the Wilderness Recommendation. On page 30 of the EIS, the
section titled ``Provisions Common To All Alternatives'' states:
``Under all alternatives motorized vehicles and aircraft would be
allowed on Rainy, Kabetogama, Namakan and Sand Point lakes, subject to
established regulations. Special regulations for aircraft access in the
park will be required, * * *''. On page 35, the section titled
``Alternatives'' also states that the alternatives address the
appropriateness of motorized use in the park, specifically the location
of snowmobile routes and portages, as well as the lakes open to
aircraft and motorboat use.'' Each of the six alternatives specifically
lists the lakes that will be open to motorized and aircraft use. The
NPS consulted with the U.S. Fish and Wildlife Service pursuant to
Section 7 of the Endangered Species Act, 16 U.S.C. Section 1536 and
they issued a ``No Jeopardy Opinion'' as part of their biological
opinion. Public input was provided during a series of public hearings.
Extensive public comment, both oral and written, was received regarding
the matter of snowmobile use and wilderness designation. There were
very few comments received concerning aircraft use.
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.
Based on this determination, and in accord with the procedural
requirements of the National Environmental Policy Act (NEPA), and by
Departmental guidelines in 516 DM 6 (49 FR 21438), an Environmental
Assessment (EA), which included consultation with the U.S. Fish and
Wildlife Service, and a Finding of No Significant Impact (FONSI) have
been prepared.
List of Subjects in 36 CFR Part 7
National parks, Reporting and recordkeeping requirements.
In consideration of the foregoing, 36 CFR Chap. I is amended 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 DC Code 40-721 (1981).
2. In Sec. 7.33, a new paragraph (c) is added to read as follows:
Sec. 7.33 Voyageurs National Park.
* * * * *
(c) Aircraft. (1) Aircraft may be operated on the entire water
surface and frozen lake surface of the following lakes, except as
restricted in paragrah (c)(4) of this section and Sec. 2.17 of this
chapter: Rainy, Kabetogama, Namakan, Sand Point, Locator, War Club,
Quill, Loiten, Shoepack, Little Trout and Mukooda.
(2) Approaches, landings and take-offs shall not be made within 500
feet of any developed facility, boat dock, float, pier, ramp or beach.
(3) Aircraft may taxi to and from a dock or ramp designated for
their use for the purpose of mooring and must be operated with due care
and regard for persons and property and in accordance with any posted
signs or waterway markers.
(4) Areas within the designated lakes may be closed to aircraft use
by the Superintendent taking into consideration public safety, wildlife
management, weather and park management objectives.
Dated: July 21, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-18885 Filed 8-1-95; 8:45 am]
BILLING CODE 4310-70-P
