[Federal Register: November 15, 2004 (Volume 69, Number 219)]
[Proposed Rules]
[Page 65556-65563]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15no04-50]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AC93
Pictured Rocks National Lakeshore, Personal Watercraft Use
AGENCY: National Park Service, Interior.
ACTION: Proposed Rule.
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SUMMARY: The National Park Service (NPS) is proposing to designate
areas where personal watercraft (PWC) may be used in Pictured Rocks
National Lakeshore, Michigan. This proposed rule implements the
provisions of the NPS general regulations authorizing park areas to
allow the use of PWC by promulgating a special regulation. The NPS
Management Policies 2001 require individual parks to determine whether
PWC use is appropriate for a specific park area based on an evaluation
of that area's enabling legislation, resources and values, other
visitor uses, and overall management objectives.
DATES: Comments must be received by January 14, 2005.
ADDRESSES: Comments on the proposed rule should be mailed to N8391 Sand
Point Road, P.O. Box 40 Munising, Michigan 49862-0040. Comments may
also be sent by e-mail to PIRO@den.nps.gov. If you comment by e-mail,
please include ``PWC rule'' in the subject line and your name and
return address in the body of your Internet message.
For additional information see ``Public Participation'' under
SUPPLEMENTARY INFORMATION below.
FOR FURTHER INFORMATION CONTACT: Kym Hall, Special Assistant, National
Park Service, 1849 C Street, NW., Room 3145, Washington, DC 20240.
Phone: (202) 208-4206. E-mail: Kym_Hall@nps.gov.
SUPPLEMENTARY INFORMATION:
Background
Additional Alternatives
The information contained in this proposed rule supports
implementation of the modified preferred alternative for Pictured Rocks
National Lakeshore in the Environmental Assessment (EA) published July,
2002, and the errata sheet published October, 2003. The errata sheet
corrects factual information in the EA as well as provides the analysis
of the modified preferred alternative. The public should be aware that
two other alternatives including a no-PWC alternative were presented in
the EA and one alternative was modified in the subsequent errata sheet.
Those alternatives should also be reviewed and considered when making
comments on this proposed rule.
Personal Watercraft Regulation
On March 21, 2000, the National Park Service published a regulation
(36 CFR 3.24) on the management of personal watercraft (PWC) use within
all units of the national park system (65 FR 15077). This regulation
prohibits PWC use in all national park units unless the NPS determines
that this type of water-based recreational activity is appropriate for
the specific park unit based on the legislation establishing that park,
the park's resources and values, other visitor uses of the area, and
overall management objectives. The regulation prohibits PWC use in all
park units effective April 20, 2000, except a limited exception was
provided for 21 parks, lakeshores, seashores, and recreation areas. The
regulation established a 2-year grace period following the final rule
publication to give these 21 park units time to consider whether PWC
use should be allowed. Accordingly, on April 22, 2002, Pictured Rocks
National Lakeshore closed for PWC use.
Description of Pictured Rocks National Lakeshore
Pictured Rocks National Lakeshore is situated in the north-central
section of Michigan's Upper Peninsula, along the southern shore of Lake
Superior. The eastern half of the Upper Peninsula is bounded by Lakes
Superior, Michigan, and Huron. There are a variety of other national
parks in the upper Great Lakes, including Apostle Islands National
Lakeshore and Isle Royal National Park on Lake Superior, and Sleeping
Bear Dunes and Indiana Dunes National Lakeshores on Lake Michigan.
Canadian provincial parks are also located on Lake Superior.
The national lakeshore stretches from Munising to Grand Marais,
approximately 40 miles to the northeast. The shoreline consists of
narrow sandy beaches, sandstone cliffs, and a perched sand dune system.
The sandy shoreline is susceptible to erosion from natural weather
conditions.
Pictured Rocks National Lakeshore was authorized in 1966. The
lakeshore is noted for its multicolored sandstone cliffs, beaches, sand
dunes, waterfalls, inland lakes, wildlife, and forested shoreline.
Attractions include a lighthouse and former Coast Guard life-saving
stations, along with old farmsteads and orchards. The lakeshore is a
year-round recreational destination where hiking, camping, hunting,
nature study, and winter activities abound.
Purpose of Pictured Rocks National Lakeshore
As formulated during the Pictured Rocks general management planning
process, the purpose of the national lakeshore includes the following:
Preserve a portion of the Great Lakes shoreline for its geographic,
scientific, scenic, and historic features, and its associated
ecological processes.
Provide opportunities for public benefit in recreation, education,
enjoyment, and inspiration.
Protect the character and use of the shoreline zone while allowing
economic utilization of the inland buffer zone's renewable resources.
Significance of Pictured Rocks National Lakeshore
As stated in the national lakeshore's Draft General Management Plan
/ Wilderness Study/Environmental Impact Statement, Pictured Rocks
National Lakeshore is significant because:
Pictured Rocks National Lakeshore preserves and affords public
access to a spectacular and diverse segment of the Lake Superior
shoreline.
Unmatched in their scenic value, the 200-foot high Pictured Rocks
cliffs rise perpendicularly from Lake Superior, creating a rock mosaic
of form, color, and texture, which is enhanced by cascading waterfalls.
Grand Sable Dunes, perched atop 300-foot-high sand banks above Lake
Superior, is one of two perched dune systems on the Great Lakes; within
these dunes live unique plant communities resulting from geomorphic
processes.
Twelve miles of unspoiled and undeveloped Lake Superior beach
contrast with the Pictured Rocks cliffs and Grand Sable Dunes.
Bedrock geology and glacial landforms provide significant
topographic relief marked by streams, inland lakes, and a diversity of
associated vegetation.
The shoreline offers extraordinary and inspirational scenic vistas
of Lake
[[Page 65557]]
Superior, which has the largest surface area of any fresh water lake on
earth.
Pictured Rocks National Lakeshore offers a variety of affordable
year-round recreational opportunities for appropriate public use.
Within a distinct area, the lakeshore contains a spectrum of
cultural resources focused on the human use of Lake Superior and its
shoreline.
Lying in a transition zone between boreal and eastern hardwood
forest, the lakeshore's scientifically recognized assemblage of flora
and fauna is representative of associations unique to the Lake Superior
Basin.
Pictured Rocks is the only national park system area with a
legislated buffer zone.
Authority and Jurisdiction
Under the National Park Service's Organic Act of 1916 (Organic Act)
(16 U.S.C. 1 et seq.) Congress granted the NPS broad authority to
regulate the use of the Federal areas known as national parks. In
addition, the Organic Act (16 U.S.C. 3) allows the NPS, through the
Secretary of the Interior, to ``make and publish such rules and
regulations as he may deem necessary or proper for the use and
management of the parks * * *''.
16 U.S.C. 1a-1 states, ``The authorization of activities shall be
conducted in light of the high public value and integrity of the
National Park System and shall not be exercised in derogation of the
values and purposes for which these various areas have been established
* * *''.
As with the United States Coast Guard, NPS's regulatory authority
over waters subject to the jurisdiction of the United States, including
navigable waters and areas within their ordinary reach, is based upon
the Property and Commerce Clauses of the U.S. Constitution. In regard
to the NPS, Congress in 1976 directed the NPS to ``promulgate and
enforce regulations concerning boating and other activities on or
relating to waters within areas of the National Park System, including
waters subject to the jurisdiction of the United States * * *'' (16
U.S.C. 1a-2(h)). In 1996 the NPS published a final rule (61 FR 35136,
July 5, 1996) amending 36 CFR 1.2(a)(3) to clarify its authority to
regulate activities within the National Park System boundaries
occurring on waters subject to the jurisdiction of the United States.
PWC Use at Pictured Rocks National Lakeshore
PWC use in Pictured Rocks National Lakeshore began around 1990.
Before the ban, use was only allowed on Lake Superior, and it was
relatively low. Restrictions on inland lakes precluded PWC use on those
lakes. Pictured Rocks National Lakeshore has jurisdiction on the
surface water of Lake Superior extending 0.25 mile from the shoreline.
This proposed rule would only apply to the waters under the lakeshore's
jurisdiction. In addition, Michigan's Personal Watercraft Safety Act of
1998 (Public Act 116) stipulates regulations for PWC use. One of the
regulations is that personal watercraft cannot operate within 200 feet
of the shoreline unless traveling perpendicular to shoreline at no-wake
speed.
Before the ban, PWC operation on Lake Superior was concentrated
between Sand Point and Chapel Beach, along the Lake Superior shoreline.
The eastern side of the park had little PWC use. Rivers and streams
within Pictured Rocks National Lakeshore are not accessible to personal
watercraft due to extremely small size, shallow depths, and rocky
bottoms. On inland lakes within the Lakeshore boundaries, the size of
powerboat engines is restricted to two- and four-stroke internal
combustion engines of 50 hp or less, essentially eliminating PWC use.
Before the ban was imposed, most PWC users at the park were from
within 100 miles of the lakeshore. Based on staff observations, some
users come from other parts of Michigan, Wisconsin, and Minnesota, and
perhaps Ohio and Illinois. There are many other areas for water-based
recreation in this portion of the Upper Peninsula, including State
parks, national forests, and other lakes with public access. Such areas
include other portions of Lake Superior (excluding the shore of Grand
Island), many lakes within the Escanaba River and Lake Superior State
Forests, several lakes within the Hiawatha National Forest, Manistique
Lake, South Manistique Lake, and Lake Michigan.
To document actual PWC use and to provide peak usage information,
staff conducted a survey at the Sand Point launch July 4-8, 2001.
During the five-day survey, small craft warnings prohibited personal
watercraft on two days. PWC use for the remaining three days ranged
from 8 to 13 personal watercraft each day. Thus, the peak number of
personal watercraft that were operating before the ban in the lakeshore
was 13 per day--6.6 from the Sand Point launch and 6.6 from the
Munising boat ramp.
Before the ban, because personal watercraft were also launched from
the Munising boat ramp on the west end of the lakeshore, the city was
contacted to determine launch numbers. However, specific data were not
available. Based on discussions with lakeshore staff, the number of
personal watercraft launched from Munising was assumed to be the same
as the number launched from Sand Point. Based on the analysis of the
survey and assumptions, 6.6 personal watercraft would be launched from
the Munising boat ramp each day during July and August weekends. All of
these personal watercraft would likely travel within the lakeshore's
jurisdiction.
Grand Marais, on the east end of the lakeshore, also has boat
launch facilities. According to city staff, very few personal
watercraft are launched--perhaps 12 all summer, for an average of 1
personal watercraft every seven days. This analysis assumes that on
average no personal watercraft would be launched from Grand Marais
during July and August.
The low PWC numbers are primarily a result of the cold water
temperature, cool ambient air temperature, changeable weather
conditions, and heavy winds and wave action. The average PWC trip
within Pictured Rocks National Lakeshore lasted between three and five
hours, from mid morning to mid or late afternoon. State regulations
restrict operations to the hours of 8 a.m. to one hour before sunset.
Most PWC users cruised and sometimes raced along the shoreline,
explored the rock cliffs up close, jumped the wakes of tour boats
(which make 4-5 foot swells), and traveled to beach destinations and
spent the day or afternoon on the beach. Fewer PWC users assembled in
pontoons and did short trips or went to beach areas. A very small
number may have done day trips between Munising and Grand Marais (40+
miles). Only a few users asked about PWC camping opportunities.
Before the ban, PWC users were distributed throughout the
lakeshore. According to NPS staff, most personal watercraft were
operated on the west end of the lakeshore. This is consistent with the
launch locations and predicted launch numbers. Few PWC operators
traveled the entire length of the lakeshore due to the long distance,
rough waters, and potential for changing weather.
Generally, there is very little information specific to visitor
concerns about PWC use. Visitor surveys were conducted for the winter
of 1999-2000 and for the summer of 2000 (with questions specific to PWC
use in the national lakeshore). A majority of the respondents to the
survey supported or strongly supported restricting PWC use to
designated areas. No PWC accidents have been observed or reported to
NPS staff. Five incident reports have been documented, one for
operating too close
[[Page 65558]]
to other motorcraft, two for operating too close to swimmers, and two
for operating illegally on inland lakes. There are no observations or
reports related to natural resource concerns.
Resource Protection and Public Use Issues
Pictured Rocks National Lakeshore Environmental Assessment
The environmental assessment was available for public review and
comment for the period August 1 through November 15, 2004. An errata
sheet was prepared to address the changes to alternative B, the
preferred alternative. To request a copy of the document and the errata
sheet contact Superintendent, Pictured Rocks National Lakeshore, N8391
Sand Point Road, P.O. box 40, Munising, MI 49862-0040. A copy of the
Environmental Assessment and the errata sheet may also be found at
http://www.nps.gov/piro.
The purpose of the environmental assessment was to evaluate a range
of alternatives and strategies for the management of PWC use at
Pictured Rocks to ensure the protection of park resources and values
while offering recreational opportunities as provided for in the
National Lakeshore's enabling legislation, purpose, mission, and goals.
The assessment assumed alternatives would be implemented beginning in
2002 and considered a 10-year period, from 2002 to 2012. In addition,
the environmental assessment defines such terms as ``negligible'' and
``adverse.'' In this document, these terms are used to describe the
environmental impact. Refer to the EA for complete definitions.
The environmental assessment evaluates three alternatives
addressing the use of personal watercraft at Pictured Rocks National
Lakeshore. The errata sheet modifies one of the alternatives,
Alternative B. Each alternative is described below:
Alternative A--Under alternative A, PWC use would continue as was
provided and managed within Pictured Rocks National Lakeshore before
the ban. PWC use would be unrestricted on Lake Superior from the
lakeshore's 0.25-mile jurisdictional boundary to the lakeshore's
shoreline. Launch and retrieval of personal watercraft would be
permitted only at the Sand Point boat ramp on Lake Superior. PWC users
would be able to land anywhere along the shoreline. PWC users would
continue to abide by Michigan's Personal Watercraft Safety Act of 1998
(Public Act 116) and related regulations.
Alternative B--Alternative B was modified by the errata dated
October 2003. Under the modified alternative B, PWC use would be
allowed to operate on the waters of Lake Superior within the boundaries
of Pictured Rocks National Lakeshore from the western boundary of the
lakeshore up to the east end of Miners Beach.
PWC use would be allowed under the following conditions: Personal
watercraft may only be launched from a designated launch site at Sand
Point, PWC users may beach their craft only on Miners Beach, and PWC
users may not launch or operate in any other area of the lakeshore. The
superintendent of the park may temporarily limit, restrict, or
terminate access to areas designated for PWC use after taking into
consideration public health and safety, natural and cultural resource
protection, and other management activities and objectives. PWC use
would be restricted at specific locations during the permitted use of
ethnographic resources. Boat patrols would be conducted in the vicinity
of the ethnographic resource use in order to reduce the potential for
PWC-related intrusion into the ceremonial activity. PWC users would
continue to abide by Michigan's Personal Watercraft Safety Act of 1998
(Public Act 116) and related regulations, as identified in alternative
A. This alternative would allow PWC use along the Lake Superior
shoreline within the western end of the park, covering approximately 8
miles of shoreline. The numbers of personal watercraft would not be
restricted.
No-Action Alternative--Under the no-action alternative, the
National Park Service would take no action to reinstate the use of
personal watercraft at Pictured Rocks National Lakeshore and no special
rule would be promulgated to continue personal watercraft use. Under
this alternative, NPS would continue to prohibit personal watercraft
use at Pictured Rocks begun on April 22, 2002.
Alternative B is the park's preferred alternative because it would
best fulfill the park responsibilities as trustee of the sensitive
habitat; ensure safe, healthful, productive, and aesthetically and
culturally pleasing surroundings; and attain a wider range of
beneficial uses of the environment without degradation, risk of health
or safety, or other undesirable and unintended consequences.
As previously noted, NPS will consider the comments received on
this proposal, as well as the comments previously received on the
Environmental Assessment [as modified by the errata sheet]. In the
final rule, the NPS will implement one of these alternatives as
proposed, or choose a different alternative or combination of
alternatives. Therefore, the public should review and consider the
other alternatives contained in the Environmental Assessment [as
modified by the errata sheet] when making comments on this proposed
rule.
The following summarizes the predominant resource protection and
public use issues associated with reinstating PWC use at Pictured Rocks
National Lakeshore. Each of these issues is analyzed in the Pictured
Rocks National Lakeshore, Personal Watercraft Use Environmental
Assessment as modified by the errata sheet.
Water Quality
Most research on the effects of personal watercraft on water
quality focuses on the impacts of two-stroke engines, and it is assumed
that any impacts caused by these engines also apply to the personal
watercraft powered by them. There is general agreement that two-stroke
engines discharge a gas-oil mixture into the water. Fuel used in PWC
engines contains many hydrocarbons, including benzene, toluene,
ethylbenzene, and xylene (collectively referred to as BTEX) and
polyaromatic hydrocarbons (PAH). PAH also are released from boat
engines, including those in personal watercraft. These compounds are
not found appreciably in the unburned fuel mixture, but rather are
products of combustion. Discharges of these compounds--BTEX and PAH--
have potential adverse effects on water quality. A common gasoline
additive, methyl tertiary butyl ether (MTBE) is not used in Michigan.
A typical conventional (i.e., carbureted) two-stroke PWC engine
discharges as much as 30% of the unburned fuel mixture directly into
the water. At common fuel consumption rates, an average two-hour ride
on a personal watercraft may discharge 3 gallons of fuel into the
water. According to the California Air Resources Board, an average
personal watercraft can discharge between 1.2 and 3.3 gallons of fuel
during one hour at full throttle. However, hydrocarbon (HC) discharges
to water are expected to decrease substantially over the next 10 years
due to mandated improvements in engine technology.
PWC use would continue within the lakeshore, with a shift in
location due to restrictions east of Miners Beach. Overall numbers of
personal watercraft would remain similar to the number before the ban,
with maximum use projected to increase from 13 per day in 2002 to 16
per day in 2012. For example, the estimated use in 2002 if PWC were
allowed would have been 52
[[Page 65559]]
PWC-hours per day in the designated use area. Daily peak operation
times would increase in 2012 to 64 PWC-hours in the designated use
area. Water quality impacts east of Miners Beach would be reduced
compared to before the ban, since PWC use would not be allowed in this
area.
PWC users would operate within the designated use area because of
the closure of other areas to the east and proximity to the launch
facility at Sand Point. The Sand Point area would have the highest use
and highest pollutant loads. This location also tends to have shallower
waters that extend for some distance offshore. Over the next 10 years
PWC use in this area is projected to increase from 13 to 16 machines
per day.
The calculated threshold volumes for pollutants emitted by personal
watercraft and boats would range from 0 to 240 acre-feet for the
ecological criteria. The 1-methyl naphthalene volume for Sand Point
(240 acre-feet) would be less than 1% of the volume available. These
pollutant concentrations are well below the water quality benchmarks
and would likely not be detectable. Cumulative ecological impacts under
this proposal would be negligible.
Threshold volumes for the human health criteria range from 0 to
10,800 acre-feet. Benzene emissions in the Sand Point area would have
the highest concentrations and would require 45% of the total water
volume available within the 0.25-mile jurisdictional boundary for
dilution. Benzene levels would be below the human health criterion.
Similar to before the ban, dilution with adjacent waters and
volatilization would occur and therefore cumulative human health based
impacts would be negligible to minor. If the State water quality
standard for benzene was used in place of the EPA criterion, estimated
human health impacts from benzene would be even lower.
Total PAH concentrations in the designated use area with boating
activity would equal or exceed 0.1 [mu]g/L in 2002 and 2012. Although
the calculated levels are well below aquatic life benchmarks, the
concentrations could have a minor to moderate adverse impact to aquatic
life due to phototoxic effects.
Future (2012) pollutant loads would decrease, despite increased
boating traffic, due to reductions in engine emissions. Impact levels
for cumulative actions would be negligible to moderate, depending on
the location and pollutant type. All effects would be short term and
would occur during the times of heaviest use.
In conclusion, based on analyses for individual pollutants, this
proposal would have negligible to minor adverse effects on water
quality due to continued PWC use. No impacts would occur east of Miners
Beach where PWC use would be restricted under this proposed rule. While
all pollutant loads would be well below benchmarks and criteria, PAH
concentrations in the Sand Point segment and the western Cliffs segment
could have negligible to moderate adverse phototoxic effects on aquatic
life.
Cumulative impacts from PWC and motorized boat use would range from
negligible to moderate. No impacts would occur in the Beaver Basin
segment. Total PAH concentrations could be a concern for aquatic life,
due to potential phototoxicity. Benzene concentrations could be
detectable, but are expected to remain below the human health
criterion. By 2012 impacts would be reduced substantially through
improved emission controls.
Air Quality
Personal watercraft emit various compounds that pollute the air. In
the two-stroke engines commonly used in personal watercraft, the
lubricating oil is used once and is expelled as part of the exhaust;
and the combustion process results in emissions of air pollutants such
as volatile organic compounds (VOC), nitrogen oxides (NOX),
particulate matter (PM), and carbon monoxide (CO). Personal watercraft
also emit fuel components such as benzene that are known to cause
adverse health effects. Even though PWC engine exhaust is usually
routed below the waterline, a portion of the exhaust gases go into the
air. These air pollutants may adversely impact park visitor and
employee health, as well as sensitive park resources.
For example, in the presence of sunlight VOC and NOX
emissions combine to form ozone. Ozone causes respiratory problems in
humans, including cough, airway irritation, and chest pain during
inhalations. Ozone is also toxic to sensitive species of vegetation. It
causes visible foliar injury, decreases plant growth, and increases
plant susceptibility to insects and disease. Carbon monoxide can affect
humans as well. It interferes with the oxygen carrying capacity of
blood, resulting in lack of oxygen to tissues. NOX and PM
emissions associated with PWC use can also degrade visibility.
NOX can also contribute to acid deposition effects on
plants, water, and soil. However, because emission estimates show that
NOX from personal watercraft are minimal (less than 5 tons
per year), acid deposition effects attributable to personal watercraft
use are expected to be minimal.
Under this proposed rule the number of personal watercraft used
daily in the lakeshore would follow similar trends as before the ban,
ranging from 13 in 2002 to 16 in 2012. The impacts of continued PWC use
within the lakeshore, but with restrictions east of Miners Beach, would
be the negligible, since the emissions would all be less than 50 tons/
year. All pollutant loads would be less than 20 tons/year, with
negligible to moderate impact levels.
As stated above, the number of personal watercraft operating within
Pictured Rocks National Lakeshore would be similar to the number before
the ban, except that PWC use would be prohibited east of Miners Beach.
Therefore, PWC-related activities would result in negligible adverse
impacts for all pollutants and would range from negligible to moderate
adverse for air quality impact levels.
Soundscapes
Daily PWC use levels would be similar to the number before the ban,
with a slight change in the area of use. Under this proposal there
would be an estimated 13 personal watercraft per day in the designated
use area. No PWC use would be allowed east of Miners Beach.
In most cases, personal watercraft would be dispersed along 8 miles
of the lakeshore so that operating craft would be infrequent at any
given location. At the areas that have the highest visitor use, such as
Sand Point, PWC noise would be diluted by the sounds from wind, waves,
other visitors, and motorboats. In general, the use of personal
watercraft would result in negligible adverse impacts where other users
are concentrated, such as at overlooks and beaches. Within the
designated PWC use area, PWC noise would be heard frequently but would
not be overly disruptive to visitors because of the high degree of
activity that occurs within the area. Thus, PWC noise would have a
moderate adverse impact on the soundscapes in the area of designated
use.
Backcountry users, particularly in the Beaver Basin segment and
along the North Country National Scenic Trail, tend to be more
sensitive to sound levels and PWC activity. The intolerance to PWC
noise by backcountry users was documented in the summer 2000 visitor
survey. Under this proposed rule personal watercraft would be
prohibited east of Miners Beach. Backcountry users in this area might
still hear infrequent PWC noise since personal watercraft could still
[[Page 65560]]
operate outside the 0.25-mile boundary. Thus, eliminating PWC use from
the eastern portions of the lakeshore would have minor beneficial
impacts to the soundscape because related noise would be less frequent
and at a greater distance from shore.
Overall, this proposed rule would have a minor beneficial effect
east of Miners Beach and a moderate adverse effect near Sand Point and
Miners Beach on days when PWC use was relatively heavy. Negligible
impacts would occur when use was occasional and distanced from other
park users, for example, PWC users operating far from shore. Moderate
adverse impacts would occur mainly where PWC use would conflict with
other quieter uses, such as fishing, beach uses, or backcountry
camping. In general, the impact to those seeking a quiet visitor
experience would most likely be short-term and minor because PWC use
would not be constant throughout the day and because the enjoyment of
the typical visitor activities in the area would not be compromised.
Overall, this proposal would result in a net minor beneficial to
moderate adverse impact on the soundscape of Pictured Rocks National
Lakeshore. All impacts would be temporary, since noise would usually be
for limited times.
Therefore, noise from personal watercraft would continue to have
short- and long-term, moderate adverse impacts in the area of
designated use. Impact levels would be related to the number of
personal watercraft operating, as well as the sensitivity of other
visitors. Eliminating PWC use east of Miners Beach would have minor
beneficial impacts.
Wildlife and Wildlife Habitat
Some research suggests that personal watercraft affect wildlife by
interrupting normal activities. This is thought to be caused by PWC
speed, noise, and access. Flight response is the most likely impact of
PWC use; the most likely occurrence of PWC-induced flight would be on
Lake Superior. Impacts to sensitive species at Pictured Rocks, such as
loons, peregrine falcons, and piping plovers, are documented under
``Threatened, Endangered, or Special Concern Species.''
The number of PWC users in the lakeshore would be similar to the
number before the ban, except use would be prohibited east of Miners
Beach. Wildlife impacts under this proposal would be similar to those
that existed before the ban on PWC use. Due to the low habitat
productivity and lack of colonial wildlife along the lakeshore, as well
as the low number of personal watercraft in use, impacts to wildlife
and wildlife habitat due to PWC activity would be negligible at most
locations. Closing eastern portions of the lakeshore to PWC use would
have negligible beneficial impacts. Over the next 10 years impacts
would continue to be negligible since PWC numbers would not increase
substantially. All wildlife impacts would be temporary.
Therefore, due to the 200' distance that PWC users are required to
operate at flat wake speed in proximity to the shoreline, impacts on
wildlife and wildlife habitat would be negligible at most locations.
Prohibiting PWC use east of Miners Beach would have negligible
beneficial impacts.
Threatened, Endangered, or Special Concern Species
The same issues described for PWC use and general wildlife also
pertain to special concern species. Potential impacts from personal
watercraft include inducing flight and alarm responses, disrupting
normal behaviors and causing stress, degrading habitat quality, and
potentially affecting reproductive success. Special status species at
the recreation area include Federal or State listed threatened,
endangered, or candidate species.
The Endangered Species Act (16 U.S.C 1531 et seq.) mandates that
all Federal agencies consider the potential effects of their actions on
species that are listed as threatened or endangered. If the National
Park Service determines that an action may adversely affect a Federally
listed species, consultation with the U.S. Fish and Wildlife Service is
required to ensure that the action will not jeopardize the species'
continued existence or result in the destruction or adverse
modification of critical habitat. The animal species at Pictured Rocks
National Lakeshore that have the potential to be affected by this
proposed rule include the federally listed piping plover and the State
listed peregrine falcon and common loon. Plant species include the
federally listed pitcher's thistle and the State listed Lake Huron
tansy.
This proposal would allow continued PWC use from the western park
boundary to the east end of Miners Beach. PWC use would be prohibited
east of Miners Beach. Potential effects would be similar to those that
existed before the ban and would be limited to interactions with
wildlife farther than 200 feet from shore or to personal watercraft
landing on shore.
Piping Plover--PWC use would not be allowed within the Grand Sable
segment, where potential habitat exists, and there would be no effect
on the piping plover. If plovers ever became established in the western
end of the lakeshore, then mitigating actions could be required to
minimize any adverse effect from PWC use.
Common Loon and Peregrine Falcon--Interactions between personal
watercraft and loons or falcons would have the same impacts as before
the ban and would not likely adversely affect peregrine falcons or
loons. Interactions between personal watercraft and loons or falcons
would have the same impacts as before the ban and would not likely
adversely affect peregrine falcons or loons.
Pitcher's Thistle and Lake Huron Tansy--PWC use would not be
allowed within the Grand Sable segment, where these plants are known to
exist. Therefore, this proposal would affect the pitcher's thistle or
the Lake Huron tansy. Restoration activities proposed for 2002 would
have a beneficial effect on the thistle and the tansy.
Overall, PWC use would have no effect on the piping plover, the
pitcher's thistle, or the Lake Huron tansy, and would not be likely to
adversely affect the common loon or the peregrine falcon since
interactions would be extremely limited.
Cumulative effects for PWC users and other visitors would be
similar to before the ban on PWC use and would not likely adversely
affect concerned species or their habitat. PWC use would have no effect
in the eastern portions of the lakeshore.
Piping Plover--There has been no evidence of plover use in the
national lakeshore since 1992. PWC use or motorized boating would not
be allowed in areas where critical plover habitat has been designated
in the eastern end of the lakeshore. No direct effect on the piping
plover is anticipated. If plovers started using habitat within Pictured
Rocks National Lakeshore, then PWC and visitor activity would have the
potential for adverse effects, and mitigating measures would be taken.
Therefore, PWC use would have no cumulative effect on the piping
plover, the pitcher's thistle, or the Lake Huron tansy and would not be
likely to adversely affect the common loon or the peregrine falcon
since interactions would be extremely limited.
Shoreline Vegetation
PWC are able to access areas that other types of watercraft may
not, which may cause direct disturbance to vegetation. Indirect impact
on shoreline vegetation may occur through trampling if operators
disembark and engage in activities on shore. In addition, wakes created
by personal watercraft may
[[Page 65561]]
affect shorelines through erosion by wave action. The proposed rule
aims to limit these disturbances to the shoreline areas.
PWC use under the proposed rule would continue to be allowed in the
designated use area but use would be prohibited east of Miners Beach.
PWC impacts to shoreline vegetation would be similar to those before
the ban, since the number of PWC users would be comparable, although
use areas would be modified. Impacts to vegetation east of Miners Beach
would be negligible and beneficial since users would no longer have
access to shoreline areas. Continued PWC use in other areas would have
negligible adverse impacts to sensitive shoreline vegetation over the
short and long term, with no perceptible changes in plant community
size, integrity, or continuity.
Therefore, PWC use would have negligible adverse impacts in the
designated uea area over the short and long term because there have
been no perceptible changes to plant community size, integrity or
continuity, and none are expected in the future (2012). PWC
restrictions east of Miners Beach would result in negligible beneficial
impacts to shoreline vegetation.
Visitor Experience
The proposed rule would provide park visitors with a high-quality
experience and manage potential conflicts between PWC use and other
park visitors. PWC use under this proposal would continue to be allowed
in the designated use area and PWC use would be prohibited east of
Miners Beach. Of the 13 to 16 personal watercraft operating in the
lakeshore during peak use, these restrictions would affect an estimated
five to six PWC operators by changing their location of use.
Additionally, PWC operation would be restricted at certain locations
during the permitted use of ethnographic resources.
Impact on PWC Users--By prohibiting PWC use east of Miners Beach,
there would be no use at Twelvemile Beach. Additionally, more PWC
riders would stay within the west end of the park, between Munising and
Miners Beach. Most PWC users (estimated at 60%) would have little or no
noticeable change in their location of operation. They could, however,
notice more personal watercraft operating within the 8 miles of the
shoreline open to PWC use. Voluntarily extending operations farther
from shore would likely offset this increase in density. Under this
proposal PWC users would be limited in their location of operation and
could be affected by a slight increase in density of use. As a result,
visitors who use personal watercraft at Pictured Rocks National
Lakeshore would experience moderate adverse impacts.
Impact on Frontcountry Visitors--Swimmers, hikers, and other
visitors to the Sand Point, Miners Beach, and Miners Castle areas would
have slightly more contact with PWC operators than before the ban
because PWC use would only be allowed along this stretch of the
lakeshore and would be prohibited east of Miners Beach. The increased
amount of contact would not be noticeable in comparison to existing
conditions since most activities occur in this stretch of the
lakeshore. PWC activity near Sand Point, Miners Beach, and Miners
Castle would have negligible adverse impacts on the experiences of
swimmers, hikers, and other visitors because under State regulations
personal watercraft must be operated at no-wake speed within 200 feet
of the shore and may only travel perpendicular to the shore.
Visitors east of Miners Beach would no longer have contact with PWC
users within the lakeshore's 0.25-mile jurisdiction. Visitors to Chapel
Beach and Twelvemile Beach, in particular, tend to look for quieter
experiences. Therefore, this proposal would have a negligible
beneficial impact to visitors east of Miners Beach.
Impact on Backcountry Visitors--Backcountry visitors east of Miners
Beach would have decreased contact with PWC users, resulting in a
moderate beneficial impact to their experiences. PWC restrictions would
particularly enhance the experiences of wilderness visitors in the
Beaver Basin segment. Visitors along the North Country National Scenic
Trail within the Sand Point segment and the western one mile of the
Cliffs segment would continue to be occasionally affected by PWC use,
with a moderate adverse impact.
Motorized boats and other visitors would continue to interact, with
impacts the same as before the ban on PWC use. Cumulative impacts
related to the use of personal watercraft, motorized boats, and other
visitor activities would be negligible over the short and long term
because there would be little noticeable change in the visitor
experience for most visitors. Backcountry visitors east of Miners Beach
would have moderate beneficial impacts because of decreased impacts
from PWC use. Most visitors would continue to be satisfied with their
experiences at Pictured Rocks National Lakeshore.
Therefore, PWC users would be limited in their location of
operation within the national lakeshore and could notice a slight
increase in the density of use in the vicinity of Sand Point. As a
result, they would experience moderate adverse impacts. Restricting PWC
use east of Miners Beach would have negligible beneficial impacts on
the experiences of most other visitors in the short and long term, and
it would have long-term, moderate, beneficial impacts on those visitors
desiring backcountry experiences with natural ``quiet.'' The level of
PWC use would remain relatively low at lakeshore locations. When
related to other visitor activities, PWC use would not appreciably
limit the critical characteristics of visitor experiences.
Visitor Conflict and Safety
The proposed rule would minimize or reduce the potential for PWC
user accidents and improve safety between PWC users and other water
recreationists. This proposed rule assumes that PWC operations would be
similar to before the ban, except that PWC use would be discontinued
east of Miners Beach. As a result, the watercraft that normally operate
in the eastern portions of the national lakeshore would be relocated to
the western portion of the lakeshore.
Personal Watercraft/Swimmer Conflicts--Impacts would be similar to
before the PWC ban since the overall number of personal watercraft
operating within the lakeshore would not change. PWC user/swimmer
interactions would increase slightly in the Sand Point segment and the
western one mile of the Cliffs segment because of a shift in PWC use
from other locations. However, under State regulations PWC operators
must travel at no-wake speed within 200 feet of the shore and only
perpendicular to the shore. The change in location for PWC operation
would not be noticeable to other visitors and would continue to result
in minor adverse impacts. In the remaining lakeshore locations there
would be little or no conflict between PWC users and swimmers. No
conflicts would occur east of Miners Beach, resulting in a negligible
beneficial impact to these visitors.
Overall, PWC use would continue to have negligible to minor adverse
impacts on most swimmers at Pictured Rocks National Lakeshore.
Beneficial impacts would occur east of Miners Beach. Impacts would be
perceptible to a relatively small number of visitors at localized
areas, primarily at Sand Point and Miners Beach.
Personal Watercraft/Other Boat Conflicts--Impacts would be similar
to before the ban. Overall, PWC use would continue to have minor
adverse impacts on other motorized boat users at Pictured Rocks
National Lakeshore.
[[Page 65562]]
Impacts would be perceptible to a relatively small number of visitors
at localized areas, primarily at the Sand Point launch.
Cumulative impacts would be similar to before the ban on PWC use.
The natural separation of use between the various lakeshore visitors
reduces the potential for conflicts. For this reason, the cumulative
impact of the various user groups on visitor conflicts and safety would
be negligible to minor over the short and long term. Beneficial impacts
would occur east of Miners Beach. Impacts would be perceptible to a
relatively small number of visitors at localized areas, primarily at
the Sand Point beach.
Therefore, continued PWC use would have short- and long-term,
minor, adverse impacts on visitor conflicts and safety, particularly in
the Sand Point area, due to the number of visitors and boats present on
high use days. Conflicts at other locations would remain negligible
because use is lower and conflicts would be less likely to occur.
Conflicts would be eliminated east of Miners Beach, resulting in
negligible, beneficial impacts.
The Proposed Rule
Under the proposed rule in Sec. 7.32 PWC use would be allowed to
operate on the waters of Lake Superior within the boundaries of
Pictured Rocks National Lakeshore from the western boundary of the
lakeshore up to the east end of Miners Beach. This proposed rule would
allow PWC use along the Lake Superior shoreline within the western end
of the park, covering approximately 8 miles of shoreline. PWC use would
be allowed under the following conditions:
Personal watercraft may only be launched from a designated launch
site at Sand Point.
PWC users may beach their craft on Miners Beach, however no
launching or retrieving of the craft may occur at Miners Beach.
PWC users may not launch or operate in any other area of the
lakeshore.
The superintendent may temporarily limit, restrict, or terminate
access to areas designated for PWC use after taking into consideration
public health and safety, natural and cultural resource protection, and
other management activities and objectives.
PWC use would be restricted at specific locations during the
permitted use of ethnographic resources. Boat patrols would be
conducted in the vicinity of the ethnographic resource use in order to
reduce the potential for PWC-related intrusion into the ceremonial
activity.
PWC users must comply with the requirements of the Michigan
Personal Watercraft Safety Act of 1998 (Public Act 116), including the
requirement to operate at flat wake speed within 200' of the shoreline,
and related regulations.
Compliance with Other Laws
Regulatory Planning and Review (Executive Order 12866)
This document is a significant rule and has been reviewed 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. The National Park Service has completed the report
``Economic Analysis of Personal Watercraft Regulations in Pictured
Rocks National Lakeshore'' (RTI, International, November 2004).
(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 is an agency specific
rule.
(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 raise novel legal or policy issues. This rule is
one of the special regulations being issued for managing PWC use in
National Park Units. The National Park Service published general
regulations (36 CFR 3.24) in March 2000, requiring individual park
areas to adopt special regulations to authorize PWC use. The
implementation of the requirement of the general regulation continues
to generate interest and discussion from the public concerning the
overall effect of authorizing PWC use and National Park Service policy
and park management.
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.).
This certification is based on a report entitled report ``Economic
Analysis of Personal Watercraft Regulations in Pictured Rocks National
Lakeshore'' (RTI, International, November 2004).
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, 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.
Takings (Executive Order 12630)
In accordance with Executive Order 12630, the rule does not have
significant takings implications. A taking implication assessment is
not required. 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 proposed rule only affects use of NPS
administered lands and waters. It has no outside effects on other areas
by allowing PWC use in specific areas of the park.
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
[[Page 65563]]
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 a companion document to this NPRM, NPS has issued the Personal
Watercraft Use Environmental Assessment for Pictured Rocks National
Lakeshore and subsequent errata sheet. The environmental assessment was
available for public review and comment for the period August 1 through
November 15, 2004. To request a copy of the document and errata sheet
contact Superintendent, Pictured Rocks National Lakeshore, N8391 Sand
Point Road, P.O. Box 40, Munising, MI 49862-0040. A copy of the
Environmental Assessment and errata sheet may also be found at
http://www.nps.gov/piro.
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, we have evaluated potential
effects on Federally recognized Indian tribes and have determined that
there are no potential effects.
Clarity of Rule
Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this rule easier to understand, including answers to questions such as
the following: (1) Are the requirements in the rule clearly stated? (2)
Does the rule contain technical language or jargon that interferes with
its clarity? (3) Does the format of the rule (grouping and order of
sections, use of headings, paragraphing, etc.) aid or reduce its
clarity? (4) Would the rule be easier to read if it were divided into
more (but shorter) sections? (A ``section'' appears in bold type and is
preceded by the symbol ``Sec. '' and a numbered heading; for example
[Sec. 7.32 Pictured Rocks National Lakeshore] (5) Is the description
of the rule in the ``Supplementary Information'' section of the
preamble helpful in understanding the proposed rule? What else could we
do to make the rule easier to understand?
Send a copy of any comments that concern how we could make this
rule easier to understand to: Office of Regulatory Affairs, Department
of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240.
You may also e-mail the comments to this address: Exsec@ios.doi.gov.
Drafting Information: The primary authors of this regulation are:
Larry Hach, Chief Ranger, Pictured Rocks National Lakeshore; Sarah
Bransom, Environmental Quality Division; and Kym Hall, Special
Assistant.
Public Participation
Comments on the proposed rule should be mailed to N8391 Sand Point
Road, P.O. Box 40, Munising, MI 49862-0040. Comments may also be sent
by e-mail to PIRO@den.nps.gov. If you comment by e-mail, please include
``PWC rule'' in the subject line and your name and return address in
the body of your Internet message.
Our practice is to make comments, including names and addresses of
respondents, available for public review during regular business hours.
Individual respondents may request that we withhold their home address
from the rulemaking record, which we will honor to the extent allowable
by law. If you wish us to withhold your name and/or address, you must
state this prominently at the beginning of your comment. However, we
will not consider anonymous comments. We will make all submissions from
organizations or businesses, and from individuals identifying
themselves as representatives or officials or organizations or
businesses, available for public inspection in their entirety.
List of Subjects in 36 CFR Part 7
District of Columbia, National Parks, Reporting and recordkeeping
requirements.
In consideration of the foregoing, the National Park Service
proposes to amend 36 CFR part 7 as follows:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
1. The authority 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 DC Code 8-137(1981) and DC Code 40-721 (1981).
2. Amend Sec. 7.32 by adding paragraph (d) to read as follows:
Sec. 7.32 Pictured Rocks National Lakeshore.
* * * * *
(d) Personal Watercraft (PWC). (1) PWC are allowed on the waters
within Pictured Rocks National Lakeshore, from the western boundary of
the lakeshore to the east end of Miners Beach.
(2) PWC may only be launched from a designated launch site at Sand
Point.
(3) At Sand Point Beach and Miners Beach, PWC users may only beach
their craft.
(4) The Superintendent may temporarily limit, restrict, or
terminate access to the areas designated for PWC use after taking into
consideration public health and safety, natural and cultural resource
protection, and other management activities and objectives.
Dated: November 4, 2004.
Paul Hoffman,
Deputy Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. 04-25318 Filed 11-12-04; 8:45 am]
BILLING CODE 4310-70-P