Apostle Islands National Lakeshore; Designation of Snowmobile and Off-Road Motor Vehicle Areas, and Use of Portable Ice Augers or Power Engines, 16712-16717 [05-6385]
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Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Rules and Regulations
(b) Summons—(1) In general. For the
purposes described in § 301.7602–1(a),
the Commissioner is authorized to
summon the person liable for tax or
required to perform the act, or any
officer or employee of such person or
any person having possession, custody,
or care of books of accounts containing
entries relating to the business of the
person liable for tax or required to
perform the act, or any other person
deemed proper, to appear before one or
more officers or employees of the
Internal Revenue Service at a time and
place named in the summons and to
produce such books, papers, records, or
other data, and to give such testimony,
under oath, as may be relevant or
material to such inquiry; and take such
testimony of the person concerned,
under oath, as may be relevant or
material to such inquiry. This summons
power may be used in an investigation
of either civil or criminal tax-related
liability. The Commissioner may
designate one or more officers or
employees of the IRS as the individuals
before whom a person summoned
pursuant to section 6420(e)(2),
6421(g)(2), 6427(j)(2), or 7602 shall
appear. Any such officer or employee is
authorized to take testimony under oath
of the person summoned and to receive
and examine books, papers, records, or
other data produced in compliance with
the summons.
(2) Officer or employee of the IRS. For
purposes of this paragraph (b), officer or
employee of the IRS means all officers
and employees of the United States,
who are engaged in the administration
and enforcement of the internal revenue
laws or any other laws administered by
the IRS, and who are appointed or
employed by, or subject to the
directions, instructions, or orders of the
Secretary of the Treasury or the
Secretary’s delegate. An officer or
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paragraph (b), shall include an officer or
employee of the Office of Chief Counsel.
*
*
*
*
*
(d) Effective dates. This section is
applicable after September 3, 1982,
except for paragraph (b), which is
applicable on and after April 1, 2005.
For rules under paragraph (b) that are
applicable to summonses issued on or
after September 10, 2002, see 26 CFR
301.7602–1T. For rules applicable on or
before September 3, 1982, see 26 CFR
301.7602–1 (revised as of April 1, 1984).
§ 301.7602–1T
[Removed]
I Par. 3. Section 301.7602–1T is
removed.
Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
Approved: February 15, 2005.
Eric Solomon,
Acting Deputy Assistant Secretary of the
Treasury (Tax Policy).
[FR Doc. 05–6407 Filed 3–31–05; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024–AD26
Apostle Islands National Lakeshore;
Designation of Snowmobile and OffRoad Motor Vehicle Areas, and Use of
Portable Ice Augers or Power Engines
National Park Service, Interior.
Final rule.
AGENCY:
ACTION:
SUMMARY: The National Park Service
(NPS) is adopting this final rule to
designate areas on Lake Superior and
the mainland unit for use by
snowmobiles, off-road motor vehicles,
and ice augers or power engines within
Apostle Islands National Lakeshore.
Unless otherwise provided for by
special regulation, the operation of
snowmobiles and off-road motor
vehicles within areas of the National
Park System is prohibited under
existing regulations. The intended effect
of the special regulations is to designate
the routes, areas and frozen water
surfaces identified herein and remove
the requirement for a permit to operate
an ice auger or power engine. All other
portions of the existing regulations,
governing use, safety, and operating
requirements would remain in effect.
DATES: Effective April 1, 2005.
ADDRESSES: Mail inquiries to
Superintendent, Apostle Islands
National Seashore, Route 1, Box 4,
Bayfield, Wisconsin 54814. Telephone:
(715) 779–3398. E-mail:
APIS_Winter_Use@nps.gov.
Jerry
Case, Regulations Program Manager,
National Park Service, 1849 C Street,
NW., Room 7241, Washington, DC
20240. Phone: (202) 208–4206. E-mail:
Jerry_Case@nps.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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Background
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This rule designates areas on the
frozen surface of Lake Superior and a
route on the mainland unit for use by
snowmobiles, off-road motor vehicles,
and ice augers or power engines within
the established boundaries of Apostle
Islands National Lakeshore. The areas
designated are the frozen surface of Lake
Superior surrounding every island from
the shoreline out to the Lakeshore’s 1⁄4
mile boundary, and the frozen surface of
Lake Superior from Sand Point to the
mainland unit’s eastern boundary.
Motorized access will end at the
shoreline of the islands. The route
designated is the 1⁄4 mile section of the
Big Sand Bay Road that passes through
the mainland unit to non-NPS property.
The enabling legislation for Apostle
Islands National Lakeshore (16 U.S.C.;
460w–460w–7), specifically authorizes
recreational use of the Lakeshore by the
public. It further includes provisions for
hunting, fishing, and trapping on the
lands and waters within the boundaries,
with certain limitations allowed for
public safety administration, fish or
wildlife management, or public use and
enjoyment.
The Lakeshore comprises 21 islands
and a 12-mile strip of mainland
shoreline lying at the northern end of
the Bayfield peninsula in Northern
Wisconsin. Jurisdiction by the National
Park Service extends for a distance of
one-quarter mile offshore on the waters
of Lake Superior surrounding each
island and along the mainland coast.
During the winter months, safe access
up to shoreline areas and traditional
hunting, fishing, and trapping areas
frequently requires over ice travel by
snowmobile and various forms of offroad motor vehicle transportation
within the quarter-mile jurisdiction.
The Apostle Islands archipelago is
roughly 287,000 acres in size, including
all of the water between the islands. Of
this 287,000 acres, less than 40,000
acres are contained within the park’s
islands, and an additional 27,500 acres
are water, leaving over 210,000 acres of
water within the archipelago that lie
outside the jurisdiction of the NPS. In
other words, the NPS has jurisdiction
over only 15% of the waters between all
of the islands.
The use of snowmobiles, off-road
motor vehicles, and ice augers or power
engines was common prior to the
establishment of the Lakeshore and
continues through the present day. The
use of ice augers or power engines is
necessary to provide access to the water
through the ice for authorized fishing
activities. Ice augers are typically
operated only once a day at the
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beginning of ice fishing activities. The
length of operation is chiefly dependent
on the thickness of the ice, which can
vary from four inches to more than three
feet. Most ice augers can cut through the
ice surface in less than a few minutes.
The exclusive purpose of operation is to
cut or bore small holes in the frozen
surface of Lake Superior to allow fishing
equipment to pass freely.
These uses continue as a safe,
common, and necessary method of
access up to shorelines and other
locations inside Lakeshore boundaries
and corridors to areas outside the
Lakeshore boundaries for gaining access
to fishing and recreational areas during
winter.
This designation of water surfaces and
routes within the Lakeshore provides
the public with the means to safely
navigate around rough ice, cracks,
pressure ridges and other dangerous ice
conditions on frozen Lake Superior. It
facilitates traditional and legislatively
authorized uses such as hunting, fishing
and trapping while also providing
shoreline access for winter camping,
hiking, snowshoeing, skiing, and other
non-motorized recreational activities
within the Lakeshore.
Under current NPS regulations, 36
CFR 2.18 and 4.10, the use of
snowmobiles and off-road motor
vehicles within areas of the National
Park System is prohibited, except on
water surfaces and designated routes
that are used by motorboats or motor
vehicles during other seasons. These
water surfaces and routes must be
designated and promulgated as special
regulations. The use of portable engines
associated with a power ice auger is
allowed by permit only under 36 CFR
2.12(a)(3).
National Park Service Management
Policies Section 8.2.2.1 states that any
restriction of appropriate recreational
uses will be limited to what is necessary
to protect park resources and values, to
promote visitor safety and enjoyment, or
to meet park management needs. It also
states the Superintendent will develop
and implement visitor use management
plans and take management actions, as
appropriate, to ensure that recreational
uses and activities within the park are
consistent with authorizing legislation
and do not cause unacceptable impacts
to park resources or values.
After reviewing the issues
surrounding the use of snowmobiles,
off-road motor vehicles, and ice augers
or power engines, NPS determined that
the uses authorized in the rule are
consistent with the enabling legislation
and will not result in impairment of
resources, values, or purposes for which
the Lakeshore was established.
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Snowmobiles and off-road motor
vehicles are used as a means of
transportation to a specific park
location, where the user participates in
a non-motorized recreational activity.
When the snowmobile or off-road motor
vehicle user reaches his or her
destination, the snowmobile or off-road
motor vehicle is stopped with the
engine off, minimizing noise, pollution,
and other associated impacts. By
contrast, recreational touring, which is
not allowed under this rule, would
involve continuous or prolonged
operation of a snowmobile or off-road
motor vehicle which would increase
noise, pollution, and other associated
impacts.
The designation of areas and routes
on the frozen surface of Lake Superior
and the mainland road is consistent
with water surfaces and routes used by
powerboats and motor vehicles during
other times of year. These regulations
limit the designation of specific areas,
and further restrict designation of routes
to surfaces used by motor vehicles
during other times of year. Because of
these limitations, no additional
snowmobile or off-road motor vehicle
areas will be established. Hunting,
fishing, trapping and non-motorized
recreational opportunities on the islands
will continue to be permitted as in the
past. Operation of power engines in
other areas or for other purposes will
continue to be subject to authorization
by permit only.
Less than 15 percent of the ice on
Lake Superior that surrounds the
islands is located within the Lakeshore’s
1⁄4-mile boundary. Exterior areas are
owned by the State of Wisconsin and
allow snowmobile and off-road motor
vehicle operation pursuant to State
regulations. With virtually unlimited
snowmobile and off-road motor vehicle
use in State areas, which are directly
adjacent to park boundaries, the most
significant factor for noise and
emissions in island and mainland
locations inside the Lakeshore boundary
is wind speed and direction rather than
where snowmobiles and off-road motor
vehicles are operated. Sound and
emissions can travel long distances over
the hard frozen surface of Lake
Superior.
The conditions that allow for
reasonably safe snowmobile and offroad motor vehicle access on the frozen
surface of Lake Superior are generally
limited to late December through midMarch. During this time period, a
majority of the wildlife has either
migrated from the area or is in
hibernation. Since snowmobiles and offroad motor vehicles are not permitted to
operate outside of designated roads on
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the mainland or on the islands
themselves, no impact is expected on
the wintering white-tailed deer
population, other wildlife, or the snowcovered vegetation. Therefore, it is
anticipated that adoption of this
regulation will not adversely affect the
resources of the Lakeshore.
Allowing the use of snowmobiles, offroad motor vehicles, and ice augers or
power engines on the frozen surface of
Lake Superior is not expected to
dramatically increase visitation to the
area. Traditional users include
fishermen and recreational users that
engage in winter hunting, trapping,
camping, hiking, snowshoeing, skiing,
and other non-motorized recreational
activities.
Designated state and county trails for
snowmobile and off-road motor vehicle
use are abundant outside the Lakeshore
throughout Ashland and Bayfield
Counties. Bayfield County contains
more than 430 miles of maintained
snowmobile trails and in excess of 108
miles of all-terrain vehicle routes.
Ashland County has more than 205
miles and 132 miles respectively. There
is little demand for recreational touring
on the ice of Lake Superior.
Due to the short duration of
accessibility, instability of the ice at
many times and limited need for access
to non-NPS property outside the
Lakeshore boundary, it is not
anticipated that a large increase in
snowmobiles or off-road motor vehicles
will result from adopting these special
regulations. With current use limited
and no significant increase expected, no
measurable economic impact is
anticipated.
The NPS considers that local
residents, area businesses, and park
visitors are best served by allowing for
the use of snowmobiles, off-road motor
vehicles, and portable ice augers/
engines in the designated areas and
routes.
A proposed regulation was published
in the Federal Register on August 12,
2004 (69 FR 49841). Public comment
was invited. The comment period
closed October 12, 2004.
Summary of Comments Received
During the public comment period,
the NPS received 408 comments via
U.S. Mail and electronic mail (e-mail).
Comments Received in Support of the
Rule:
All comments received from
neighboring city, county, and State
governments, agencies, and officials
were in support of the proposed rule.
The letters of support expressed concern
for the safety of fishermen and park
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users. Of the comments received from
individuals who support the proposed
rulemaking, 94 percent are residents in
the Apostle Islands (Chequamegon Bay)
area and 76 percent are residents of the
State of Wisconsin.
Comment: The operation of
snowmobiles, off-road motor vehicles,
ice augers or power engines on the
frozen surface of Lake Superior is
necessary to avoid hazardous ice,
pressure ridges, and cracks, and provide
reasonable and safe access to fishing
areas and island shoreline locations.
Response: NPS agrees with
respondents and supports efforts to
maintain visitor access and safety.
No comments were received in
support of snowmobiles or off-road
vehicles for the purpose of recreational
touring.
Comments Received in Opposition to
the Rule
Of the comments received from
individuals who wrote to oppose the
proposed rulemaking, 5 percent are
from residents from the State of
Wisconsin. Over 98 percent of the
comments in opposition to the proposed
rule were received from the Bluewater
Network internet Web site.
The Bluewater Network Web site
offered internet users prepared text that
could not be modified and the option
for individuals to add comments about
personal experiences relating to
snowmobiles, off-road vehicles, and
other issues. Fifty-eight respondents
expressed concern about noise,
pollution, and the negative impacts on
wildlife and their outdoor experience.
The prepared text from the Bluewater
Network addressed five comments that
are listed below. The NPS response
follows each comment.
Comment: The Bluewater Network
(and 340 form letter comments initiated
from its Web site) commented that the
current prohibition on ORV/
snowmobiles should be maintained.
Response: NPS recognizes that
snowmobile and off-road vehicle (ORVs)
operation around the Apostle Islands on
frozen Lake Superior is a historic and
traditional use that was in existence
prior the establishment of the Apostle
Islands National Lakeshore in 1970.
NPS has determined that the
continuation of these uses for access on
designated areas and routes will
enhance public safety and facilitate
authorized uses without causing
unacceptable impacts on the resources,
values or purposes of the Lakeshore.
Comment: The Bluewater Network
(and 340 form letter comments initiated
from its Web site) commented that the
proposed rule does not distinguish
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between ice fishing and recreational
use, or how the regulations would be
enforced.
Response: Snowmobiles and off-road
motor vehicles are used as a means of
transportation to a specific park
location, where the user participates in
a non-motorized recreational activity.
When the snowmobile or off-road motor
vehicle user reaches his or her
destination, the snowmobile or off-road
motor vehicle is stopped with the
engine off. Recreational touring, which
is not allowed under this rule, involves
continuous or prolonged operation of a
snowmobile or off-road motor vehicle.
Park rangers will enforce this rule by
monitoring visitor use and ice
conditions. It is reasonable to expect
users to travel around hazards on the ice
and follow safe routes to access
shoreline locations. Park rangers will
verify that visitors are fishing, camping,
snowshoeing, skiing, hiking or
participating in other non-motorized
activities based on their observed travel
within the park, clothing, equipment,
tools, and other accessories in their
possession.
Comment: The Bluewater Network
(and 340 form letter comments initiated
from its Web site) commented that NPS
should mark access corridors to prime
fishing spots.
Response: The number of possible
fishing spots (locations) around the
Apostle Islands on Lake Superior is
virtually unlimited. Fishermen choose
areas primarily by existing ice
conditions with safety as the paramount
issue. Ice must be of adequate thickness
to support people, fishing equipment,
and methods of transport.
Unfortunately, the frozen surface of
Lake Superior can change on a daily
basis due to variable winds, waves,
currents, and temperature conditions. It
is typical for winter ice to form between
some of the inner islands in the Apostle
Islands archipelago, but ice around all
of the islands is unusual due to the
variety of weather conditions listed
above. It is a rare occurrence for all of
Lake Superior to freeze over. Ice that
forms over a period of days or weeks
can be destroyed in hours by high
winds, shifting ice, and/or the forces of
wave action. The pressure of moving ice
can create cracks, fissures, and areas of
open water without warning. Hence,
there is no practical way to mark or
maintain the unlimited number of
corridors or routes to fishing locations.
Comment: The Bluewater Network
(and 340 form letter comments initiated
from its Web site) commented that the
Rule should prohibit snowmobile/ORV
use on waters around those islands that
are recommended for wilderness
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protection under alternative C in the
2004 Apostle Islands National
Lakeshore Wilderness Suitability Study.
Response: The mainland unit, all of
Sand, Basswood, and Long Islands, the
lighthouses, and other existing
developed areas of the Lakeshore, and
all waters and frozen areas of Lake
Superior were excluded from
wilderness protection with the
designation of the Gaylord A. Nelson
National Wilderness (Pub. L. 108–447)
on December 8, 2004. The wilderness
boundary begins at the high water mark
for each island having lands designated
as wilderness, and proceeds inland.
Operation of boats, snowmobiles, and
off-road vehicles is limited to the waters
and frozen surface of Lake Superior,
which was not included in the
wilderness designation. The use of
motorized vessels and vehicles allow
visitors safe access to island shorelines
and other locations on Lake Superior
both inside and outside of Lakeshore
boundaries for fishing and nonmotorized recreational activities.
Regardless of what the NPS does,
snowmobiles and ORVs will be legal 1⁄4
mile from shore. Prohibiting them
within the Lakeshore’s 1⁄4 mile
boundary will not create quiet zones
because of the long distances that sound
travels over water and ice. Limiting or
restricting access to shorelines would
effectively prevent many park users
from accessing proposed wilderness
trailheads.
Comment: The Bluewater Network
(and 340 form letter comments initiated
from its Web site) commented that the
NPS rule should require the use of
advanced technologies, such as four
stroke engines, for snowmobiles used at
Apostle Islands National Lakeshore.
Response: Advanced technologies that
reduce possible pollution are preferable,
but it is impractical to require them now
at the Apostle Islands for several
reasons.
First, snowmobiles and off-road motor
vehicles are used as a means of
transportation to a specific park
location, where the user participates in
a non-motorized recreational activity.
When the snowmobile or off-road motor
vehicle user reaches his or her
destination, the snowmobile or off-road
motor vehicle is stopped with the
engine off, minimizing noise, pollution,
and other associated impacts. By
contrast, recreational touring, which is
not allowed under this rule, would
involve continuous or prolonged
operation of a snowmobile or off-road
motor vehicle which would increase
noise, pollution, and other associated
impacts.
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Second, Apostle Islands National
Lakeshore has no ‘‘gate’’ or entrance
through which all snowmobiles must
pass before entering the park. The
Lakeshore contains over 154 miles of
shoreline on Lake Superior with
virtually unlimited access points. Hence
there is no practical way to stop noncomplying machines from entering the
park or assure compliance with
technological criteria.
The Apostle Islands archipelago is
roughly 287,000 acres in size, including
all of the water between the islands. Of
this 287,000 acres, less than 40,000
acres are contained within the park’s
islands, and an additional 27,500 acres
are water, leaving over 210,000 acres of
water or approximately 85% of the area,
within the archipelago, outside of NPS
jurisdiction. Requiring visitors to use
only advanced technologies in an area
that has so little NPS jurisdiction is not
practical.
Lastly, there is no snowmobile rental
industry in the park area, nor any fleets
of snowmobiles owned by companies.
Virtually all use in the park is by
individuals, and virtually all machines
are individually-owned. Imposing a
technology requirement in the
Lakeshore that exceeds other state and
federal legal requirements would
impose a high burden on individual
users of the park which would not be
justified here given the issues discussed
above.
Additional Comments
Comment: The National Parks
Conservation Association (NPCA)
commented on the National Park
Service’s ‘‘lack of compliance with the
National Environmental Policy Act’’
(NEPA). While supporting the
implementation of the rule, NPCA urges
that it be conditioned upon a future
finding of no significant impact
consistent with a more detailed NEPA
analysis.
Response: The National Park Service
has prepared an Environmental
Assessment and Finding of No
Significant Impact for the rule, in
compliance with NEPA. Copies are
available from Apostle Islands National
Lakeshore at the address listed above.
The 27,500 acres of water within NPS
jurisdiction is fragmented into 24
separate units (21 islands and 3 sections
on mainland unit). Only 15% of the
waters between all of the islands is
located within park boundaries.
Regardless of what the NPS decides
with respect to these issues,
snowmobiles, ORVs, and power augers
will still be legal on more than 210,000
acres or 85% of the waters outside of
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park boundaries within the Apostle
Islands archipelago.
Although snowmobile and ORV use
within the Apostle Islands archipelago
is not without any environmental
impacts, the proposed rule is expected
to have less than significant impacts on
the human environment in the Apostle
Islands National Lakeshore for the
following reasons:
—Preventing snowmobile use within
the park’s 1⁄4-mile water boundary
would not affect the amount of
snowmobile use in the larger Apostle
Islands archipelago, and therefore it
would not decrease any associated
environmental impacts.
—The proposed rule authorizes
snowmobiles/ORV use for
transportation only, not long-distance
touring. Hence the machines’ engines
will be turned off for the majority of
time that they are on the lake,
minimizing associated environmental
impacts.
—Use is not concentrated, but generally
dispersed.
—Wildlife are extremely scarce on the
frozen surface of the lake, greatly
decreasing potential impacts.
Comment: The Red Cliff and Bad
River Bands of Lake Superior Chippewa
Indians both stated that they wanted
written assurance that the proposed rule
would not be applied to regulate the
Tribes’ treaty-reserved rights either
within or outside of their reservations
and requested that such assurance be
included in either the notice of the final
rule or in the rule itself.
Response: Nothing in this rule
modifies, alters, or affects any treaty
rights.
Compliance With Other Laws
Need for an Immediate Effective Date
This rule relieves restrictions on
snowmobile, off-road vehicle, ice auger
and power engine use that would
ordinarily exist under NPS regulations.
For this reason, the Department has
determined that good cause exists to
waive the normal 30-day delay and
make this rule effective upon
publication as allowed by 5 U.S.C.
553(d)(1).
Regulatory Planning and Review
(Executive Order 12866)
This document is not a significant
rule and is not subject to review by the
Office of Management and Budget under
Executive Order 12866.
(1) This rule will not have an effect of
$100 million or more on the economy.
It will not adversely affect in a material
way the economy, productivity,
competition, jobs, the environment,
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public health or safety, or State, local,
or tribal governments or communities.
Snowmobiles and off-road motor
vehicles (all terrain vehicles) are not
available for sale, rental, or lease
through local businesses or tour
companies within the Apostle Islands
(Chequamegon Bay) area. Snowmobiles
and off-road motor vehicles are almost
exclusively privately owned or
transported to the region from sources
outside of the local geographic area.
(2) This rule will not create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency. Actions taken under
this rule will not interfere with other
agencies or local government plans,
policies or controls. This rule supports
local government and community plans
for winter recreation that already exists.
(3) This rule does not alter the
budgetary effects of entitlements, grants,
user fees, or loan programs or the rights
or obligations of their recipients. This
rule will have no effects on
entitlements, grants, user fees, or loan
programs or the rights or obligations of
their recipients. No grants or other
forms of monetary supplements are
involved.
(4) This rule does not raise novel legal
or policy issues. This rule codifies longexisting uses at Apostle Islands National
Lakeshore.
Regulatory Flexibility Act
The Department of the Interior
certifies that this rulemaking 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.). Snowmobiles and
off-road motor vehicles (all terrain
vehicles) are not available for sale,
rental, or lease through local businesses
or tour companies within the Apostle
Islands (Chequamegon Bay) area.
Snowmobiles and off-road motor
vehicles are almost exclusively privately
owned or transported to the region from
sources outside of the local geographic
area.
Small Business Regulatory Enforcement
Fairness Act (SBREFA)
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This proposed rule:
a. Does not have an annual effect on
the economy of $100 million or more.
b. Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions.
c. Does not have significant adverse
effects on competition, employment,
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investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
Unfunded Mandates Reform Act
This rule does not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of more than $100 million per year. The
rule does not have a significant or
unique effect on State, local or tribal
governments or the private sector. This
rule is an agency specific rule and does
not impose any other requirements on
other agencies, governments, or the
private sector. The use of snowmobiles,
off-road vehicles, and ice augers or
power engines on the frozen surface of
Lake Superior and the mainland unit is
a voluntary activity.
Takings (Executive Order 12630)
In accordance with Executive Order
12630, the rule does not have significant
takings implications. This rule codifies
existing snowmobile, off-road vehicle,
ice auger or power engine use on the
frozen surface of Lake Superior and
mainland unit. No taking of personal
property will occur as a result of this
rule.
Federalism (Executive Order 13132)
In accordance with Executive Order
13132, the rule does not have sufficient
federalism implications to warrant the
preparation of a Federalism Assessment.
This rule codifies existing snowmobile,
off-road vehicle, ice auger or power
engine use on the frozen surface of Lake
Superior and mainland unit and does
not place any requirements on State or
local governments.
Civil Justice Reform (Executive Order
12988)
In accordance with Executive Order
12988, the Office of the Solicitor has
determined that this rule does not
unduly burden the judicial system and
meets the requirements of sections 3(a)
and 3(b)(2) of the Order.
Paperwork Reduction Act
This regulation does not require an
information collection from 10 or more
parties and a submission under the
Paperwork Reduction Act is not
required. An OMB Form 83–I is not
required.
National Environmental Policy Act
As discussed above, the National Park
Service has prepared an Environmental
Assessment and Finding of No
Significant Impact for this rule in
compliance with NEPA. Copies are
available from Apostle Islands National
Lakeshore at the address listed above.
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15:42 Mar 31, 2005
Jkt 205001
Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government to Government Relations
with Native American Tribal
Governments’’ (59 FR 22951) and 512
DM 2 have evaluated potential effects
on federally recognized Indian tribes
and have determined that there are no
potential effects. Park staff consulted
with the Red Cliff and Bad River Band
of Lake Superior Chippewa and the
Great Lakes Indian Fish and Wildlife
Commission. In return the park received
letters generally supporting the
proposed regulations from the Red Cliff
and Bad River Bands and verbal support
from the Fish and Wildlife Commission.
List of Subjects in 36 CFR Part 7
National Parks, Reporting and
recordkeeping requirements.
I In consideration of the foregoing, the
National Park Service amends 36 CFR
part 7 as follows:
PART 7—SPECIAL REGULATIONS,
AREAS OF THE NATIONAL PARK
SYSTEM
1. The authority citation for part 7
continues to read as follows:
I
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. In § 7.82 the existing paragraph is
designated as (a), and paragraphs (b),(c),
and (d) are added to read as follows:
I
§ 7.82
Apostle Islands National Lakeshore.
*
*
*
*
*
(b) Snowmobiles. (1) Snowmobiles
may be operated for authorized
purposes in the following designated
areas within the Lakeshore:
(i) The frozen surface of Lake Superior
that surrounds every island from the
shoreline out to the authorized
boundary;
(ii) The frozen surface of Lake
Superior from Sand Point to the
mainland unit’s eastern boundary;
(iii) The 1⁄4 mile section of the Big
Sand Bay Road that passes through the
park mainland unit to non-NPS
property.
(2) Snowmobile use is authorized
solely for the purpose of providing
access for legal forms of:
(i) Ice fishing;
(ii) Hunting and trapping;
(iii) Winter camping;
(iv) Other non-motorized recreational
activities; and
(v) Access to non-NPS property by
owners, and to NPS properties by ‘‘use
and occupancy’’ lessees and their
guests.
PO 00000
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Fmt 4700
Sfmt 4700
(3) Snowmobiles may be used for
administrative, law enforcement, and
emergency services as determined by
the Superintendent.
(4) Snowmobile use in areas and for
purposes other than those stated in
paragraphs (b)(1) and (b)(2) of this
section is prohibited.
(5) Maps showing designated use
areas are available at park headquarters.
(c) Off-road vehicles. (1) Off-road
motor vehicles may be operated for
authorized purposes in the following
designated areas within the Lakeshore:
(i) The frozen surface of Lake Superior
that surrounds every island from the
shoreline out to the authorized
boundary; and
(ii) The frozen surface of Lake
Superior from Sand Point to the
mainland unit’s eastern boundary.
(2) Off-road motor vehicle use is
authorized solely for the purpose of
providing access for legal forms of:
(i) Ice fishing;
(ii) Hunting and trapping;
(iii) Winter camping;
(iv) Other non-motorized recreational
activities; and
(v) Access to non-NPS property by
owners, and to NPS properties by ‘‘use
and occupancy’’ lessees and their
guests.
(3) Off-road motor vehicles may be
used for administrative, law
enforcement, and emergency services as
determined by the Superintendent.
(4) Off-road motor vehicle use in areas
and for purposes other than those stated
in paragraphs (c)(1) and (c)(2) is
prohibited.
(5) Maps showing designated use
areas are available at park headquarters.
(d) Ice augers and power engines. (1)
Ice auger means a portable gasoline or
electric powered engine connected to a
rotating helical shaft for boring through
the frozen surface of a lake.
(2) Power engine means a mobile
gasoline or electric powered engine or
device that is connected to a rotating
saw blade or teeth linked in an endless
chain for cutting through the frozen ice
surface of a lake.
(3) Notwithstanding the requirements
of 36 CFR 2.12(a)(3), operation of an ice
auger or power engine is authorized on
designated portions of Lake Superior for
the specific purpose of cutting through
the ice surface to provide access for
legal ice fishing activity.
(4) Areas designated for use of an ice
auger or power engine include:
(i) The frozen surface of Lake Superior
that surrounds every island from the
shoreline out to the authorized
boundary; and
(ii) The frozen surface of Lake
Superior from Sand Point to the
mainland unit’s eastern boundary.
E:\FR\FM\01APR1.SGM
01APR1
Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Rules and Regulations
(5) Maps showing designated use
areas are available at park headquarters.
(6) Use of an ice auger or power
engine on any land surface or frozen
water surface outside of designated use
areas is prohibited without a permit.
Dated: March 18, 2005.
Paul Hoffman,
Deputy Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 05–6385 Filed 3–31–05; 8:45 am]
BILLING CODE 4312–97–P
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
36 CFR Part 1270
RIN 3095–AB40
Presidential Records Act Procedures
National Archives and Records
Administration (NARA).
ACTION: Final rule.
AGENCY:
SUMMARY: In response to a petition for
rulemaking, NARA is amending our
rules concerning Presidential records to
lengthen the time from 10 working days
to 35 calendar days to appeal denial of
access. This proposed rule will affect
the public.
DATES: Effective May 2, 2005.
FOR FURTHER INFORMATION CONTACT:
Jennifer Davis Heaps at (301) 837–1801.
SUPPLEMENTARY INFORMATION: The
proposed rule was published in the
October 1, 2004, Federal Register (69 FR
58875) for a 60-day public comment
period. NARA notified several
researcher organizations about the
proposed rule. A copy of the proposed
rule was also posted on the NARA Web
site. NARA received three responses to
the proposed rule from the public.
NARA proposed, in response to a
petition for proposed rulemaking, to
extend the timeframe in which a person
may appeal the denial of a request for
access to Presidential records made
under the Presidential Records Act
(PRA) (44 U.S.C. 2201–2207). Two
public commenters agreed with the
proposed regulation changes. One
member of the public objected to
NARA’s proposed length of appeal time.
The commenter said that a requester
should be able to appeal NARA’s letter
of denial ‘‘within 35 working days after
the requester receives written
notification,’’ not ‘‘within 35 calendar
days of the date of NARA’s denial
letter’’ as NARA proposed.
We did not adopt that
recommendation. The commenter
argued that the proposed length in
timeframe was unfair because the
VerDate jul<14>2003
17:23 Mar 31, 2005
Jkt 205001
delivery of NARA’s denial letter could
be considerably delayed. The
commenter said that the appeal
timeframe should continue to be based
on when the requester receives the
denial, not the date of NARA’s denial
letter.
NARA proposed the timeframe
requested by the petitioners, which was
based on the timeframe for appeals
NARA permits under the provisions of
the Freedom of Information Act (FOIA)
(see 36 CFR 1250.72(a)) and the Privacy
Act (PA) (see 36 CFR 1202.56(a)). The
petition cited the following compelling
reasons for requesting an extension to
the length of time to file an appeal
under the PRA:
• NARA’s longer appeal timeframes
for FOIA and PA denials;
• The disparity with the lengthy
waits requesters have, only to learn of
a denial of access; and,
• Extenuating circumstances that
make it difficult for requesters to appeal
in 10 days after receipt of NARA’s
denial. Among the latter are requesters
being on vacation, business trips, and
academic absences like visiting
professorships and sabbaticals.
The petitioners’ request is based on
well-recognized and widely accepted
practices in implementing the FOIA.
NARA believes that this rule will be of
assistance to requesters of Presidential
records.
This rule is not a significant
regulatory action for the purposes of
Executive Order 12866 and has not been
reviewed by the Office of Management
and Budget (OMB). As required by the
Regulatory Flexibility Act, it is hereby
certified that this rule will not have a
significant impact on a substantial
number of small entities because this
rule applies to the public. This rule does
not have any federalism implications.
This rule is not a major rule as defined
in 5 U.S.C. Chapter 8, Congressional
Review of Agency Rulemaking.
List of Subjects in 36 CFR Part 1270
Archives and records.
I For the reasons set forth in the
preamble, NARA amends part 1270 of
title 36, Code of Federal Regulations, as
follows:
PART 1270—PRESIDENTIAL
RECORDS
1. The authority citation for part 1270
is revised to read as follows:
I
Authority: 44 U.S.C. 2201–2207.
2. Amend § 1270.42 by revising
paragraphs (a), (b), and (d) to read as
follows:
I
PO 00000
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Fmt 4700
Sfmt 4700
16717
Subpart D—Access to Presidential
Records
§ 1270.42 Denial of access to public; right
to appeal.
(a) Any person denied access to a
Presidential record (hereinafter the
requester) because of a determination
that the record or a reasonable
segregable portion of the record was
properly restricted under 44 U.S.C.
2204(a), and not placed in the public
domain by the former President or his
agent, may file an administrative appeal
with the appropriate Presidential library
director at the address cited in part 1253
of this chapter.
(b) All appeals must be received by
NARA within 35 calendar days of the
date of NARA’s denial letter.
*
*
*
*
*
(d) Upon receipt of an appeal, the
appropriate Presidential library director
has 30 working days from the date an
appeal is received to consider the
appeal and respond in writing to the
requester. The director’s response must
state whether or not the Presidential
records requested are to be released and
the basis for this determination. The
director’s decision to withhold release
of Presidential records is final and not
subject to judicial review.
Dated: March 25, 2005.
Allen Weinstein,
Archivist of the United States.
[FR Doc. 05–6410 Filed 3–31–05; 8:45 am]
BILLING CODE 7515–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R03–OAR–2005–PA–0006; FRL–7893–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; VOC RACT
Determinations for Three Individual
Sources
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action to approve revisions to the
Commonwealth of Pennsylvania’s State
Implementation Plan (SIP). The
revisions were submitted by the
Pennsylvania Department of
Environmental Protection (PADEP) to
establish and require reasonably
available control technology (RACT) for
three major sources of volatile organic
compounds (VOC). These sources are
located in Pennsylvania. EPA is
E:\FR\FM\01APR1.SGM
01APR1
]]>Agencies
[Federal Register Volume 70, Number 62 (Friday, April 1, 2005)]
[Rules and Regulations]
[Pages 16712-16717]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6385]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AD26
Apostle Islands National Lakeshore; Designation of Snowmobile and
Off-Road Motor Vehicle Areas, and Use of Portable Ice Augers or Power
Engines
AGENCY: National Park Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Park Service (NPS) is adopting this final rule to
designate areas on Lake Superior and the mainland unit for use by
snowmobiles, off-road motor vehicles, and ice augers or power engines
within Apostle Islands National Lakeshore. Unless otherwise provided
for by special regulation, the operation of snowmobiles and off-road
motor vehicles within areas of the National Park System is prohibited
under existing regulations. The intended effect of the special
regulations is to designate the routes, areas and frozen water surfaces
identified herein and remove the requirement for a permit to operate an
ice auger or power engine. All other portions of the existing
regulations, governing use, safety, and operating requirements would
remain in effect.
DATES: Effective April 1, 2005.
ADDRESSES: Mail inquiries to Superintendent, Apostle Islands National
Seashore, Route 1, Box 4, Bayfield, Wisconsin 54814. Telephone: (715)
779-3398. E-mail: APIS--Winter--Use@nps.gov.
FOR FURTHER INFORMATION CONTACT: Jerry Case, Regulations Program
Manager, National Park Service, 1849 C Street, NW., Room 7241,
Washington, DC 20240. Phone: (202) 208-4206. E-mail: Jerry--
Case@nps.gov.
SUPPLEMENTARY INFORMATION:
Background
This rule designates areas on the frozen surface of Lake Superior
and a route on the mainland unit for use by snowmobiles, off-road motor
vehicles, and ice augers or power engines within the established
boundaries of Apostle Islands National Lakeshore. The areas designated
are the frozen surface of Lake Superior surrounding every island from
the shoreline out to the Lakeshore's \1/4\ mile boundary, and the
frozen surface of Lake Superior from Sand Point to the mainland unit's
eastern boundary. Motorized access will end at the shoreline of the
islands. The route designated is the \1/4\ mile section of the Big Sand
Bay Road that passes through the mainland unit to non-NPS property.
The enabling legislation for Apostle Islands National Lakeshore (16
U.S.C.; 460w-460w-7), specifically authorizes recreational use of the
Lakeshore by the public. It further includes provisions for hunting,
fishing, and trapping on the lands and waters within the boundaries,
with certain limitations allowed for public safety administration, fish
or wildlife management, or public use and enjoyment.
The Lakeshore comprises 21 islands and a 12-mile strip of mainland
shoreline lying at the northern end of the Bayfield peninsula in
Northern Wisconsin. Jurisdiction by the National Park Service extends
for a distance of one-quarter mile offshore on the waters of Lake
Superior surrounding each island and along the mainland coast. During
the winter months, safe access up to shoreline areas and traditional
hunting, fishing, and trapping areas frequently requires over ice
travel by snowmobile and various forms of off-road motor vehicle
transportation within the quarter-mile jurisdiction.
The Apostle Islands archipelago is roughly 287,000 acres in size,
including all of the water between the islands. Of this 287,000 acres,
less than 40,000 acres are contained within the park's islands, and an
additional 27,500 acres are water, leaving over 210,000 acres of water
within the archipelago that lie outside the jurisdiction of the NPS. In
other words, the NPS has jurisdiction over only 15% of the waters
between all of the islands.
The use of snowmobiles, off-road motor vehicles, and ice augers or
power engines was common prior to the establishment of the Lakeshore
and continues through the present day. The use of ice augers or power
engines is necessary to provide access to the water through the ice for
authorized fishing activities. Ice augers are typically operated only
once a day at the
[[Page 16713]]
beginning of ice fishing activities. The length of operation is chiefly
dependent on the thickness of the ice, which can vary from four inches
to more than three feet. Most ice augers can cut through the ice
surface in less than a few minutes. The exclusive purpose of operation
is to cut or bore small holes in the frozen surface of Lake Superior to
allow fishing equipment to pass freely.
These uses continue as a safe, common, and necessary method of
access up to shorelines and other locations inside Lakeshore boundaries
and corridors to areas outside the Lakeshore boundaries for gaining
access to fishing and recreational areas during winter.
This designation of water surfaces and routes within the Lakeshore
provides the public with the means to safely navigate around rough ice,
cracks, pressure ridges and other dangerous ice conditions on frozen
Lake Superior. It facilitates traditional and legislatively authorized
uses such as hunting, fishing and trapping while also providing
shoreline access for winter camping, hiking, snowshoeing, skiing, and
other non-motorized recreational activities within the Lakeshore.
Under current NPS regulations, 36 CFR 2.18 and 4.10, the use of
snowmobiles and off-road motor vehicles within areas of the National
Park System is prohibited, except on water surfaces and designated
routes that are used by motorboats or motor vehicles during other
seasons. These water surfaces and routes must be designated and
promulgated as special regulations. The use of portable engines
associated with a power ice auger is allowed by permit only under 36
CFR 2.12(a)(3).
National Park Service Management Policies Section 8.2.2.1 states
that any restriction of appropriate recreational uses will be limited
to what is necessary to protect park resources and values, to promote
visitor safety and enjoyment, or to meet park management needs. It also
states the Superintendent will develop and implement visitor use
management plans and take management actions, as appropriate, to ensure
that recreational uses and activities within the park are consistent
with authorizing legislation and do not cause unacceptable impacts to
park resources or values.
After reviewing the issues surrounding the use of snowmobiles, off-
road motor vehicles, and ice augers or power engines, NPS determined
that the uses authorized in the rule are consistent with the enabling
legislation and will not result in impairment of resources, values, or
purposes for which the Lakeshore was established. Snowmobiles and off-
road motor vehicles are used as a means of transportation to a specific
park location, where the user participates in a non-motorized
recreational activity. When the snowmobile or off-road motor vehicle
user reaches his or her destination, the snowmobile or off-road motor
vehicle is stopped with the engine off, minimizing noise, pollution,
and other associated impacts. By contrast, recreational touring, which
is not allowed under this rule, would involve continuous or prolonged
operation of a snowmobile or off-road motor vehicle which would
increase noise, pollution, and other associated impacts.
The designation of areas and routes on the frozen surface of Lake
Superior and the mainland road is consistent with water surfaces and
routes used by powerboats and motor vehicles during other times of
year. These regulations limit the designation of specific areas, and
further restrict designation of routes to surfaces used by motor
vehicles during other times of year. Because of these limitations, no
additional snowmobile or off-road motor vehicle areas will be
established. Hunting, fishing, trapping and non-motorized recreational
opportunities on the islands will continue to be permitted as in the
past. Operation of power engines in other areas or for other purposes
will continue to be subject to authorization by permit only.
Less than 15 percent of the ice on Lake Superior that surrounds the
islands is located within the Lakeshore's \1/4\-mile boundary. Exterior
areas are owned by the State of Wisconsin and allow snowmobile and off-
road motor vehicle operation pursuant to State regulations. With
virtually unlimited snowmobile and off-road motor vehicle use in State
areas, which are directly adjacent to park boundaries, the most
significant factor for noise and emissions in island and mainland
locations inside the Lakeshore boundary is wind speed and direction
rather than where snowmobiles and off-road motor vehicles are operated.
Sound and emissions can travel long distances over the hard frozen
surface of Lake Superior.
The conditions that allow for reasonably safe snowmobile and off-
road motor vehicle access on the frozen surface of Lake Superior are
generally limited to late December through mid-March. During this time
period, a majority of the wildlife has either migrated from the area or
is in hibernation. Since snowmobiles and off-road motor vehicles are
not permitted to operate outside of designated roads on the mainland or
on the islands themselves, no impact is expected on the wintering
white-tailed deer population, other wildlife, or the snow-covered
vegetation. Therefore, it is anticipated that adoption of this
regulation will not adversely affect the resources of the Lakeshore.
Allowing the use of snowmobiles, off-road motor vehicles, and ice
augers or power engines on the frozen surface of Lake Superior is not
expected to dramatically increase visitation to the area. Traditional
users include fishermen and recreational users that engage in winter
hunting, trapping, camping, hiking, snowshoeing, skiing, and other non-
motorized recreational activities.
Designated state and county trails for snowmobile and off-road
motor vehicle use are abundant outside the Lakeshore throughout Ashland
and Bayfield Counties. Bayfield County contains more than 430 miles of
maintained snowmobile trails and in excess of 108 miles of all-terrain
vehicle routes. Ashland County has more than 205 miles and 132 miles
respectively. There is little demand for recreational touring on the
ice of Lake Superior.
Due to the short duration of accessibility, instability of the ice
at many times and limited need for access to non-NPS property outside
the Lakeshore boundary, it is not anticipated that a large increase in
snowmobiles or off-road motor vehicles will result from adopting these
special regulations. With current use limited and no significant
increase expected, no measurable economic impact is anticipated.
The NPS considers that local residents, area businesses, and park
visitors are best served by allowing for the use of snowmobiles, off-
road motor vehicles, and portable ice augers/engines in the designated
areas and routes.
A proposed regulation was published in the Federal Register on
August 12, 2004 (69 FR 49841). Public comment was invited. The comment
period closed October 12, 2004.
Summary of Comments Received
During the public comment period, the NPS received 408 comments via
U.S. Mail and electronic mail (e-mail).
Comments Received in Support of the Rule:
All comments received from neighboring city, county, and State
governments, agencies, and officials were in support of the proposed
rule. The letters of support expressed concern for the safety of
fishermen and park
[[Page 16714]]
users. Of the comments received from individuals who support the
proposed rulemaking, 94 percent are residents in the Apostle Islands
(Chequamegon Bay) area and 76 percent are residents of the State of
Wisconsin.
Comment: The operation of snowmobiles, off-road motor vehicles, ice
augers or power engines on the frozen surface of Lake Superior is
necessary to avoid hazardous ice, pressure ridges, and cracks, and
provide reasonable and safe access to fishing areas and island
shoreline locations.
Response: NPS agrees with respondents and supports efforts to
maintain visitor access and safety.
No comments were received in support of snowmobiles or off-road
vehicles for the purpose of recreational touring.
Comments Received in Opposition to the Rule
Of the comments received from individuals who wrote to oppose the
proposed rulemaking, 5 percent are from residents from the State of
Wisconsin. Over 98 percent of the comments in opposition to the
proposed rule were received from the Bluewater Network internet Web
site.
The Bluewater Network Web site offered internet users prepared text
that could not be modified and the option for individuals to add
comments about personal experiences relating to snowmobiles, off-road
vehicles, and other issues. Fifty-eight respondents expressed concern
about noise, pollution, and the negative impacts on wildlife and their
outdoor experience. The prepared text from the Bluewater Network
addressed five comments that are listed below. The NPS response follows
each comment.
Comment: The Bluewater Network (and 340 form letter comments
initiated from its Web site) commented that the current prohibition on
ORV/snowmobiles should be maintained.
Response: NPS recognizes that snowmobile and off-road vehicle
(ORVs) operation around the Apostle Islands on frozen Lake Superior is
a historic and traditional use that was in existence prior the
establishment of the Apostle Islands National Lakeshore in 1970. NPS
has determined that the continuation of these uses for access on
designated areas and routes will enhance public safety and facilitate
authorized uses without causing unacceptable impacts on the resources,
values or purposes of the Lakeshore.
Comment: The Bluewater Network (and 340 form letter comments
initiated from its Web site) commented that the proposed rule does not
distinguish between ice fishing and recreational use, or how the
regulations would be enforced.
Response: Snowmobiles and off-road motor vehicles are used as a
means of transportation to a specific park location, where the user
participates in a non-motorized recreational activity. When the
snowmobile or off-road motor vehicle user reaches his or her
destination, the snowmobile or off-road motor vehicle is stopped with
the engine off. Recreational touring, which is not allowed under this
rule, involves continuous or prolonged operation of a snowmobile or
off-road motor vehicle. Park rangers will enforce this rule by
monitoring visitor use and ice conditions. It is reasonable to expect
users to travel around hazards on the ice and follow safe routes to
access shoreline locations. Park rangers will verify that visitors are
fishing, camping, snowshoeing, skiing, hiking or participating in other
non-motorized activities based on their observed travel within the
park, clothing, equipment, tools, and other accessories in their
possession.
Comment: The Bluewater Network (and 340 form letter comments
initiated from its Web site) commented that NPS should mark access
corridors to prime fishing spots.
Response: The number of possible fishing spots (locations) around
the Apostle Islands on Lake Superior is virtually unlimited. Fishermen
choose areas primarily by existing ice conditions with safety as the
paramount issue. Ice must be of adequate thickness to support people,
fishing equipment, and methods of transport. Unfortunately, the frozen
surface of Lake Superior can change on a daily basis due to variable
winds, waves, currents, and temperature conditions. It is typical for
winter ice to form between some of the inner islands in the Apostle
Islands archipelago, but ice around all of the islands is unusual due
to the variety of weather conditions listed above. It is a rare
occurrence for all of Lake Superior to freeze over. Ice that forms over
a period of days or weeks can be destroyed in hours by high winds,
shifting ice, and/or the forces of wave action. The pressure of moving
ice can create cracks, fissures, and areas of open water without
warning. Hence, there is no practical way to mark or maintain the
unlimited number of corridors or routes to fishing locations.
Comment: The Bluewater Network (and 340 form letter comments
initiated from its Web site) commented that the Rule should prohibit
snowmobile/ORV use on waters around those islands that are recommended
for wilderness protection under alternative C in the 2004 Apostle
Islands National Lakeshore Wilderness Suitability Study.
Response: The mainland unit, all of Sand, Basswood, and Long
Islands, the lighthouses, and other existing developed areas of the
Lakeshore, and all waters and frozen areas of Lake Superior were
excluded from wilderness protection with the designation of the Gaylord
A. Nelson National Wilderness (Pub. L. 108-447) on December 8, 2004.
The wilderness boundary begins at the high water mark for each island
having lands designated as wilderness, and proceeds inland. Operation
of boats, snowmobiles, and off-road vehicles is limited to the waters
and frozen surface of Lake Superior, which was not included in the
wilderness designation. The use of motorized vessels and vehicles allow
visitors safe access to island shorelines and other locations on Lake
Superior both inside and outside of Lakeshore boundaries for fishing
and non-motorized recreational activities. Regardless of what the NPS
does, snowmobiles and ORVs will be legal \1/4\ mile from shore.
Prohibiting them within the Lakeshore's \1/4\ mile boundary will not
create quiet zones because of the long distances that sound travels
over water and ice. Limiting or restricting access to shorelines would
effectively prevent many park users from accessing proposed wilderness
trailheads.
Comment: The Bluewater Network (and 340 form letter comments
initiated from its Web site) commented that the NPS rule should require
the use of advanced technologies, such as four stroke engines, for
snowmobiles used at Apostle Islands National Lakeshore.
Response: Advanced technologies that reduce possible pollution are
preferable, but it is impractical to require them now at the Apostle
Islands for several reasons.
First, snowmobiles and off-road motor vehicles are used as a means
of transportation to a specific park location, where the user
participates in a non-motorized recreational activity. When the
snowmobile or off-road motor vehicle user reaches his or her
destination, the snowmobile or off-road motor vehicle is stopped with
the engine off, minimizing noise, pollution, and other associated
impacts. By contrast, recreational touring, which is not allowed under
this rule, would involve continuous or prolonged operation of a
snowmobile or off-road motor vehicle which would increase noise,
pollution, and other associated impacts.
[[Page 16715]]
Second, Apostle Islands National Lakeshore has no ``gate'' or
entrance through which all snowmobiles must pass before entering the
park. The Lakeshore contains over 154 miles of shoreline on Lake
Superior with virtually unlimited access points. Hence there is no
practical way to stop non-complying machines from entering the park or
assure compliance with technological criteria.
The Apostle Islands archipelago is roughly 287,000 acres in size,
including all of the water between the islands. Of this 287,000 acres,
less than 40,000 acres are contained within the park's islands, and an
additional 27,500 acres are water, leaving over 210,000 acres of water
or approximately 85% of the area, within the archipelago, outside of
NPS jurisdiction. Requiring visitors to use only advanced technologies
in an area that has so little NPS jurisdiction is not practical.
Lastly, there is no snowmobile rental industry in the park area,
nor any fleets of snowmobiles owned by companies. Virtually all use in
the park is by individuals, and virtually all machines are
individually-owned. Imposing a technology requirement in the Lakeshore
that exceeds other state and federal legal requirements would impose a
high burden on individual users of the park which would not be
justified here given the issues discussed above.
Additional Comments
Comment: The National Parks Conservation Association (NPCA)
commented on the National Park Service's ``lack of compliance with the
National Environmental Policy Act'' (NEPA). While supporting the
implementation of the rule, NPCA urges that it be conditioned upon a
future finding of no significant impact consistent with a more detailed
NEPA analysis.
Response: The National Park Service has prepared an Environmental
Assessment and Finding of No Significant Impact for the rule, in
compliance with NEPA. Copies are available from Apostle Islands
National Lakeshore at the address listed above.
The 27,500 acres of water within NPS jurisdiction is fragmented
into 24 separate units (21 islands and 3 sections on mainland unit).
Only 15% of the waters between all of the islands is located within
park boundaries. Regardless of what the NPS decides with respect to
these issues, snowmobiles, ORVs, and power augers will still be legal
on more than 210,000 acres or 85% of the waters outside of park
boundaries within the Apostle Islands archipelago.
Although snowmobile and ORV use within the Apostle Islands
archipelago is not without any environmental impacts, the proposed rule
is expected to have less than significant impacts on the human
environment in the Apostle Islands National Lakeshore for the following
reasons:
--Preventing snowmobile use within the park's \1/4\-mile water boundary
would not affect the amount of snowmobile use in the larger Apostle
Islands archipelago, and therefore it would not decrease any associated
environmental impacts.
--The proposed rule authorizes snowmobiles/ORV use for transportation
only, not long-distance touring. Hence the machines' engines will be
turned off for the majority of time that they are on the lake,
minimizing associated environmental impacts.
--Use is not concentrated, but generally dispersed.
--Wildlife are extremely scarce on the frozen surface of the lake,
greatly decreasing potential impacts.
Comment: The Red Cliff and Bad River Bands of Lake Superior
Chippewa Indians both stated that they wanted written assurance that
the proposed rule would not be applied to regulate the Tribes' treaty-
reserved rights either within or outside of their reservations and
requested that such assurance be included in either the notice of the
final rule or in the rule itself.
Response: Nothing in this rule modifies, alters, or affects any
treaty rights.
Compliance With Other Laws
Need for an Immediate Effective Date
This rule relieves restrictions on snowmobile, off-road vehicle,
ice auger and power engine use that would ordinarily exist under NPS
regulations. For this reason, the Department has determined that good
cause exists to waive the normal 30-day delay and make this rule
effective upon publication as allowed by 5 U.S.C. 553(d)(1).
Regulatory Planning and Review (Executive Order 12866)
This document is not a significant rule and is not subject to
review by the Office of Management and Budget under Executive Order
12866.
(1) This rule will not have an effect of $100 million or more on
the economy. It will not adversely affect in a material way the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities. Snowmobiles and off-road motor vehicles (all terrain
vehicles) are not available for sale, rental, or lease through local
businesses or tour companies within the Apostle Islands (Chequamegon
Bay) area. Snowmobiles and off-road motor vehicles are almost
exclusively privately owned or transported to the region from sources
outside of the local geographic area.
(2) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency. Actions
taken under this rule will not interfere with other agencies or local
government plans, policies or controls. This rule supports local
government and community plans for winter recreation that already
exists.
(3) This rule does not alter the budgetary effects of entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients. This rule will have no effects on entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients. No grants or other forms of monetary supplements are
involved.
(4) This rule does not raise novel legal or policy issues. This
rule codifies long-existing uses at Apostle Islands National Lakeshore.
Regulatory Flexibility Act
The Department of the Interior certifies that this rulemaking 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.).
Snowmobiles and off-road motor vehicles (all terrain vehicles) are not
available for sale, rental, or lease through local businesses or tour
companies within the Apostle Islands (Chequamegon Bay) area.
Snowmobiles and off-road motor vehicles are almost exclusively
privately owned or transported to the region from sources outside of
the local geographic area.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This proposed rule:
a. Does not have an annual effect on the economy of $100 million or
more.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
c. Does not have significant adverse effects on competition,
employment,
[[Page 16716]]
investment, productivity, innovation, or the ability of U.S.-based
enterprises to compete with foreign-based enterprises.
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local or tribal governments or the private sector. This rule is an
agency specific rule and does not impose any other requirements on
other agencies, governments, or the private sector. The use of
snowmobiles, off-road vehicles, and ice augers or power engines on the
frozen surface of Lake Superior and the mainland unit is a voluntary
activity.
Takings (Executive Order 12630)
In accordance with Executive Order 12630, the rule does not have
significant takings implications. This rule codifies existing
snowmobile, off-road vehicle, ice auger or power engine use on the
frozen surface of Lake Superior and mainland unit. No taking of
personal property will occur as a result of this rule.
Federalism (Executive Order 13132)
In accordance with Executive Order 13132, the rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment. This rule codifies existing snowmobile, off-road
vehicle, ice auger or power engine use on the frozen surface of Lake
Superior and mainland unit and does not place any requirements on State
or local governments.
Civil Justice Reform (Executive Order 12988)
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that this rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the Order.
Paperwork Reduction Act
This regulation does not require an information collection from 10
or more parties and a submission under the Paperwork Reduction Act is
not required. An OMB Form 83-I is not required.
National Environmental Policy Act
As discussed above, the National Park Service has prepared an
Environmental Assessment and Finding of No Significant Impact for this
rule in compliance with NEPA. Copies are available from Apostle Islands
National Lakeshore at the address listed above.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government to Government Relations with Native American Tribal
Governments'' (59 FR 22951) and 512 DM 2 have evaluated potential
effects on federally recognized Indian tribes and have determined that
there are no potential effects. Park staff consulted with the Red Cliff
and Bad River Band of Lake Superior Chippewa and the Great Lakes Indian
Fish and Wildlife Commission. In return the park received letters
generally supporting the proposed regulations from the Red Cliff and
Bad River Bands and verbal support from the Fish and Wildlife
Commission.
List of Subjects in 36 CFR Part 7
National Parks, Reporting and recordkeeping requirements.
0
In consideration of the foregoing, the National Park Service amends 36
CFR part 7 as follows:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
0
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).
0
2. In Sec. 7.82 the existing paragraph is designated as (a), and
paragraphs (b),(c), and (d) are added to read as follows:
Sec. 7.82 Apostle Islands National Lakeshore.
* * * * *
(b) Snowmobiles. (1) Snowmobiles may be operated for authorized
purposes in the following designated areas within the Lakeshore:
(i) The frozen surface of Lake Superior that surrounds every island
from the shoreline out to the authorized boundary;
(ii) The frozen surface of Lake Superior from Sand Point to the
mainland unit's eastern boundary;
(iii) The \1/4\ mile section of the Big Sand Bay Road that passes
through the park mainland unit to non-NPS property.
(2) Snowmobile use is authorized solely for the purpose of
providing access for legal forms of:
(i) Ice fishing;
(ii) Hunting and trapping;
(iii) Winter camping;
(iv) Other non-motorized recreational activities; and
(v) Access to non-NPS property by owners, and to NPS properties by
``use and occupancy'' lessees and their guests.
(3) Snowmobiles may be used for administrative, law enforcement,
and emergency services as determined by the Superintendent.
(4) Snowmobile use in areas and for purposes other than those
stated in paragraphs (b)(1) and (b)(2) of this section is prohibited.
(5) Maps showing designated use areas are available at park
headquarters.
(c) Off-road vehicles. (1) Off-road motor vehicles may be operated
for authorized purposes in the following designated areas within the
Lakeshore:
(i) The frozen surface of Lake Superior that surrounds every island
from the shoreline out to the authorized boundary; and
(ii) The frozen surface of Lake Superior from Sand Point to the
mainland unit's eastern boundary.
(2) Off-road motor vehicle use is authorized solely for the purpose
of providing access for legal forms of:
(i) Ice fishing;
(ii) Hunting and trapping;
(iii) Winter camping;
(iv) Other non-motorized recreational activities; and
(v) Access to non-NPS property by owners, and to NPS properties by
``use and occupancy'' lessees and their guests.
(3) Off-road motor vehicles may be used for administrative, law
enforcement, and emergency services as determined by the
Superintendent.
(4) Off-road motor vehicle use in areas and for purposes other than
those stated in paragraphs (c)(1) and (c)(2) is prohibited.
(5) Maps showing designated use areas are available at park
headquarters.
(d) Ice augers and power engines. (1) Ice auger means a portable
gasoline or electric powered engine connected to a rotating helical
shaft for boring through the frozen surface of a lake.
(2) Power engine means a mobile gasoline or electric powered engine
or device that is connected to a rotating saw blade or teeth linked in
an endless chain for cutting through the frozen ice surface of a lake.
(3) Notwithstanding the requirements of 36 CFR 2.12(a)(3),
operation of an ice auger or power engine is authorized on designated
portions of Lake Superior for the specific purpose of cutting through
the ice surface to provide access for legal ice fishing activity.
(4) Areas designated for use of an ice auger or power engine
include:
(i) The frozen surface of Lake Superior that surrounds every island
from the shoreline out to the authorized boundary; and
(ii) The frozen surface of Lake Superior from Sand Point to the
mainland unit's eastern boundary.
[[Page 16717]]
(5) Maps showing designated use areas are available at park
headquarters.
(6) Use of an ice auger or power engine on any land surface or
frozen water surface outside of designated use areas is prohibited
without a permit.
Dated: March 18, 2005.
Paul Hoffman,
Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-6385 Filed 3-31-05; 8:45 am]
BILLING CODE 4312-97-P
