[Federal Register Volume 61, Number 21 (Wednesday, January 31, 1996)]
[Proposed Rules]
[Pages 3359-3361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1747]



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DEPARTMENT OF THE INTERIOR
36 CFR Part 7

RIN 1024-AC23


Voyageurs National Park; Aircraft Operations, Designation of 
Areas

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service (NPS) is proposing this rule to 
amend the special regulations for Voyageurs National Park by replacing 
the interim rule (60 FR 39257) that was published on August 2, 1995, 
designating certain areas open to aircraft use within the park. This 
rulemaking is necessary to comply with NPS general regulations that 
require special regulatory designations for areas in parks open to the 
operation or use by aircraft. The intended effects of this rule are to 
increase safety, protect resources and provide appropriate enjoyment to 
park users.

DATES: Written comments will be accepted through April 1, 1996.

ADDRESSES: Comments should be directed 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 stated 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. Each year the park receives an increasing 
number of inquiries for permission to land float planes in the park.
    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 
one percent 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.
    This rule will increase public safety by identifying where and 
under what conditions aircraft are allowed to operate and improve 
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 an increased enjoyment among users by delineating 
areas appropriate to specialized uses. By identifying areas open to 
aircraft use, the park is able to limit use to less sensitive areas and 
improve protection of resources. The park will also be able to improve 
information to pilots as 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 proposing this 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. 36 CFR 2.17 prohibits the 
operation or use of aircraft on lands and waters within park areas 
except at locations designated through the special rulemaking process. 
This requirement, as complied with here, ensures that aircraft use and 
activities are only undertaken in park areas subsequent to full public 
participation and the review that is accorded rulemaking documents.

Public Participation

    It is the policy of the Department of Interior, whenever 
practicable, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons may submit written 
comments regarding this proposed rule to the address noted at the 
beginning of this rulemaking. The NPS will review comments and consider 
making changes to the final rule based upon an analysis of the 
comments.
    During the 1992 wilderness study process, all of the options for 
aircraft use were presented and discussed. Each of the six alternatives 
specifically identified which lakes would be open to aircraft use. The 
public was informed of these options during three public hearings. 
Extensive public involvement has taken place as a requirement of the 
``Master Plan'', ``Trail Plan'' and ``Wilderness Recommendation'', all 
of which had complete public review and environmental review and 
analysis under applicable law.

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

Paperwork Reduction Act

    This proposed rule does not contain collections of information 
requiring 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. 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. 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 

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and wilderness designation. There were very few comments received 
concerning aircraft use.
    This rule was not subject to Office of Management and Budget (OMB) 
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 effect of this 
rulemaking are local in nature and negligible in scope.
    In accordance 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. These documents can 
be obtained by contacting the address noted at the beginning of this 
rulemaking.

List of Subjects in 36 CFR Part 7

    National parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, it is proposed to amend 36 CFR 
Chapter I as follows:

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

    1. The authority citation continues to read as follows:

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

    2. Section 7.33, is amended by revising paragraph (c) 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 paragraph (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: October 20, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-1747 Filed 1-30-96; 8:45 am]
BILLING CODE 4310-70-P