[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Rules and Regulations]
[Pages 39257-39258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18885]



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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AC23


Voyageurs National Park; Aircraft Operations--Designation of 
Areas

AGENCY: National Park Service, Interior.

ACTION: Interim rule.

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SUMMARY: The National Park Service (NPS) is adopting this interim rule 
for Voyageurs National Park to allow an activity that has been 
identified in the 1980 Master Plan and the 1992 Wilderness Plan. The 
interim rule will designate certain areas open to aircraft use within 
the park for a limited duration of time while the agency develops a 
special regulation to address the activity through public notice and 
comment rulemaking. This addition is necessary because NPS general 
regulations require special regulatory designations for areas in parks 
open to the operation or use by aircraft. The intended effects are to 
ensure safety, protect resources and provide appropriate enjoyment to 
park users.

DATES: This rule is effective on August 2, 1995 and will expire upon 
the publication of a final rule developed through the normal public 
notice and comment rulemaking process. Written comments will be 
accepted through October 2, 1995.

ADDRESSES: Comments should be addressed to: Superintendent, Voyageurs 
National Park, 3131 Highway 53, International Falls, MN 56649-8904.

FOR FURTHER INFORMATION CONTACT: Chief Ranger, Voyageurs National Park, 
3131 Highway 53, International Falls, MN 56649-8904, Telephone: (218) 
283-9821.

SUPPLEMENTARY INFORMATION:

Background

    The enabling legislation for Voyageurs National Park states ``The 
Secretary may, when planning for development of the park, include 
appropriate provisions for * * * use by seaplanes * * *.'' 16 U.S.C. 
Section 160h. The 1980 Master Plan for the park states that float 
planes and ski planes will be allowed upon all lakes deemed safe by the 
Minnesota Department of Transportation. It also states that this 
allowance would be subject to the findings of the wilderness study. The 
1992 wilderness study recommended that planes be allowed on the four 
major lakes (Rainy, Kabetogama, Namakan and Sand Point), as well as the 
following interior lakes: Locator, War Club, Quill, Loiten, Shoepack, 
Little Trout and Mukooda. The park has received several requests for 
permission to land float planes on park lakes this summer.
    Public aircraft use on park waters occurred prior to the 
designation of the park in 1971. This use is primarily related to 
fishing, camping, transportation to resorts and summer dwellings and is 
typical for the area. Float plane use is mainly associated with the 
four major lakes with use of the interior lakes constituting less than 
1% of the park's use. Aircraft are currently prohibited from using 
about 22 small interior lakes that have been determined to be too small 
to use safely by the Minnesota Department of Transportation. Three 
other lakes that have been used periodically and are accessible by 
hiking trails will not be opened to float plane use by this regulation. 
The closing of these three interior lakes will allow the park to manage 
the interior lakes on an equitable basis since other motorized uses are 
prohibited. Section 2.17 of 36 CFR prohibits the operation or use of 
aircraft on lands and waters within park areas except at locations 
designated through the special rulemaking process.
    This interim rule will allow the park to grant appropriate requests 
for aircraft operation this summer. It will also increase public safety 
by identifying where and under what conditions aircraft are allowed to 
operate and improving information to the public on where they may 
expect to see aircraft within the park. This will lessen potential 
conflicts among user groups and encourage those that do not want to 
associate with aircraft operations to select areas within the park that 
are closed to aircraft use. There will be increased enjoyment among 
users by delineating areas appropriate to specialized uses. By 
identifying areas open to aircraft use, the park will be able to limit 
aircraft use to less sensitive areas and improve protection of 
resources. The park will also be able to improve information to pilots 
on what areas are open and what areas are closed to aircraft operations 
as well as information on sensitive areas that would be affected by 
aircraft use. This regulation will allow the park to identify those 
areas where appropriate use may occur, improve public information and 
protect area resources.
    The NPS is adopting this interim rule to allow an activity that has 
been identified as compatible with the establishment of the park and an 
activity that was specifically identified in the park's enabling 
legislation as an acceptable activity in the park. Because of the time 
requirements associated with the normal rulemaking process, and the 
fact that the NPS has been unable to proceed in a timely manner with a 
proposed rule this summer, the agency has determined that an interim 
rule would allow for aircraft use in a more expeditious manner. The 
interim rule will allow aircraft use to occur while the agency proceeds 
with the required rulemaking to adopt a permanent special regulation 
for Voyageurs National Park.
    The NPS is adopting this interim rule pursuant to the ``good 
cause'' exception of the Administrative Procedure Act (5 U.S.C. 
553(b)(B)) from general notice and comment rulemaking. As discussed 
above, the NPS believes that this exception is warranted in order to 
authorize float plane use this summer, insofar as such use is 
identified in the park's enabling legislation, management plan, 
wilderness plan, environmental assessment and environmental impact 
statement. Moreover, the development of these documents solicited and 
provided ample opportunity for public comment, and the public comment 
revealed support for appropriate aircraft use.
    Because public comment is a principal reason for the general 
regulation requirement of special regulations to allow the designation 
of locations for this activity, the NPS finds that notice and comment 
are unnecessary and contrary to the public interest for this interim 
rule. Furthermore, the NPS is developing and will be publishing soon in 
the Federal Register a proposed rule requesting public comment on a 
special regulation to allow the use of aircraft in Voyageurs National 
Park. This interim rule is 

[[Page 39258]]
limited in duration and will terminate with the publication of a final 
rule in the Federal Register.
    The NPS has also determined, in accordance with the Administrative 
Procedure Act (5 U.S.C. 553(d)(3)), that the publishing of this interim 
rule 30 days prior to the rule becoming effective would be 
counterproductive and unnecessary for the reasons discussed above. A 
30-day delay would be contrary to the public interest. Therefore, under 
the ``good cause'' exception of the Administrative Procedure Act (5 
U.S.C. 553(d)(3)), it has been determined that this interim rulemaking 
is excepted from the 30-day delay in the effective date and shall 
therefore become effective on the date published in the Federal 
Register.

    Drafting Information. The primary authors of this interim rule 
are Bruce D. McKeeman, Chief Ranger, Voyageurs National Park and 
Dennis Burnett, Washington Office of Ranger Activities.

Paperwork Reduction Act

    This rulemaking does not contain information collection 
requirements that require approval by the Office of Management and 
Budget under 44 U.S.C. 3501 et seq.

Compliance With Other Laws

    Pursuant to the Act of January 3, 1968, 84 Stat. 1972, 16 U.S.C. 
Section 160f(b), the NPS prepared a Wilderness Recommendation and, 
pursuant to the National Environmental Policy Act, 42 U.S.C. Secs. 4332 
et seq., prepared an Environmental Impact Statement (EIS) assessing the 
effects of the Wilderness Recommendation. On page 30 of the EIS, the 
section titled ``Provisions Common To All Alternatives'' states: 
``Under all alternatives motorized vehicles and aircraft would be 
allowed on Rainy, Kabetogama, Namakan and Sand Point lakes, subject to 
established regulations. Special regulations for aircraft access in the 
park will be required, * * *''. On page 35, the section titled 
``Alternatives'' also states that the alternatives address the 
appropriateness of motorized use in the park, specifically the location 
of snowmobile routes and portages, as well as the lakes open to 
aircraft and motorboat use.'' Each of the six alternatives specifically 
lists the lakes that will be open to motorized and aircraft use. The 
NPS consulted with the U.S. Fish and Wildlife Service pursuant to 
Section 7 of the Endangered Species Act, 16 U.S.C. Section 1536 and 
they issued a ``No Jeopardy Opinion'' as part of their biological 
opinion. Public input was provided during a series of public hearings. 
Extensive public comment, both oral and written, was received regarding 
the matter of snowmobile use and wilderness designation. There were 
very few comments received concerning aircraft use.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866. The Department of the Interior determined 
that this document will not have a significant economic effect on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). The economic effects of this rulemaking are 
local in nature and negligible in scope.
    Based on this determination, and in accord with the procedural 
requirements of the National Environmental Policy Act (NEPA), and by 
Departmental guidelines in 516 DM 6 (49 FR 21438), an Environmental 
Assessment (EA), which included consultation with the U.S. Fish and 
Wildlife Service, and a Finding of No Significant Impact (FONSI) have 
been prepared.
List of Subjects in 36 CFR Part 7

    National parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, 36 CFR Chap. I is amended as 
follows:

PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

    1. The authority citation continues to read as follows:

    Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also 
issued under D.C. Code 8-137 (1981) and DC Code 40-721 (1981).

    2. In Sec. 7.33, a new paragraph (c) is added to read as follows:


Sec. 7.33  Voyageurs National Park.

* * * * *
    (c) Aircraft. (1) Aircraft may be operated on the entire water 
surface and frozen lake surface of the following lakes, except as 
restricted in paragrah (c)(4) of this section and Sec. 2.17 of this 
chapter: Rainy, Kabetogama, Namakan, Sand Point, Locator, War Club, 
Quill, Loiten, Shoepack, Little Trout and Mukooda.
    (2) Approaches, landings and take-offs shall not be made within 500 
feet of any developed facility, boat dock, float, pier, ramp or beach.
    (3) Aircraft may taxi to and from a dock or ramp designated for 
their use for the purpose of mooring and must be operated with due care 
and regard for persons and property and in accordance with any posted 
signs or waterway markers.
    (4) Areas within the designated lakes may be closed to aircraft use 
by the Superintendent taking into consideration public safety, wildlife 
management, weather and park management objectives.

    Dated: July 21, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-18885 Filed 8-1-95; 8:45 am]
BILLING CODE 4310-70-P