[Federal Register Volume 61, Number 109 (Wednesday, June 5, 1996)]
[Proposed Rules]
[Pages 28530-28531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14105]



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DEPARTMENT OF THE INTERIOR
National Park Service

36 CFR Part 7

RIN 1024-AC45


Big Thicket National Preserve, Moored Houseboats

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service (NPS) is proposing regulations that 
will require all houseboat owners to register their houseboats at the 
Office of the Superintendent of the Preserve to adhere to regulations 
pertaining specifically to moored houseboats within the boundaries of 
the Preserve. This rulemaking will also include regulations pertaining 
to sanitation and refuse (trash removal), fire extinguishers and 
personal flotation devices on board houseboats. The addition of the 
proposed regulations will allow the NPS to identify each houseboat 
owner in the event emergency notification is needed while the houseboat 
is vacant. The regulations will also assist the park in monitoring 
recreational activities directly related to houseboats. These 
regulations will enhance protection of the resources in the Preserve 
while providing improved visitor protection services by park personnel.

DATES: Written comments will be accepted through August 5, 1996.

ADDRESSES: Comments should be addressed to: Superintendent, Big Thicket 
National Preserve, 3785 Milam, Beaumont, Texas 77701.

FOR FURTHER INFORMATION CONTACT: Robert D. Appling, Chief Ranger Big 
Thicket National Preserve, Telephone 409-839-2689.

SUPPLEMENTARY INFORMATION:

Background

    Houseboats have been moored on the Neches River and its tributaries 
since before Big Thicket National Preserve was established. The mooring 
of houseboats within the Preserve is considered a traditional use and 
should be allowed to continue. Houseboat owners are primarily local 
residents of the Southeast Texas area.
    Houseboat owners and the recreational activities associated with 
these moored houseboats have been mostly unregulated since the Preserve 
was established in 1974 (16 U.S.C. 698). Activities associated with 
houseboats have led to the degradation of Preserve resources in a 
variety of ways, including the poaching of fish and game, damage to and 
removal of vegetation to establish egress routes, concentrated human 
use impacts, stream bank erosion and the prohibited discharge of 
sewage, animal and fish remains, and other aquatic pollutants.
    Houseboats have been left unattended for long periods of time and 
many are utilized only during the approved hunting season. Attempts by 
Preserve personnel to contact houseboat owners to inform them of damage 
to their property or to advise them of violations of regulations have 
proven to be extremely difficult. Many houseboat owners do not have 
telephones and the park does not have permanent addresses where the 
owners can be contacted.
    The NPS believes that the addition of these regulations will 
provide for better management of the land and water resources of the 
Preserve and improve overall communications with houseboat owners by 
providing accurate and updated information concerning hunting, fishing, 
boating and water use activities.

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. Big Thicket National Preserve will also 
publish public notices in local papers informing the general public of 
the proposed rule. The NPS will review comments and consider making 
changes to the final rule based upon an analysis of the comments.

    Drafting Information. The primary authors of this proposed rule 
are Robert D. Appling, Chief Ranger and Richard F. Strahan, Chief, 
Division of Resource Management, and Dennis Burnett, Washington 
Office of Ranger Activities, National Park Service.

Paperwork Reduction Act

    This proposed rule does not contain collections of information 
requiring approval by the Office of Management and Budget under the 
Paperwork Reduction Act of 1995.

Compliance With Other Laws

    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 USC 601 et seq.). The economic effects of this rulemaking are 
local in nature and negligible in scope.
    The NPS has determined that this proposed rulemaking will not have 
a significant effect on the quality of the human environment, health 
and safety because it is not expected to:
    (a) Increase public use to the extent of compromising the nature 
and character of the area or causing physical damage to it;
    (b) Introduce incompatible uses which compromise the nature and 
character of the area or causing physical damage to it;
    (c) Conflict with adjacent ownerships or land uses; or
    (d) Cause a nuisance to adjacent owners or occupants.
    Based on this determination, the regulation is categorically 
excluded from the procedural requirements of the National Environmental 
Policy Act (NEPA) by Departmental guidelines in 516 DM 6 (49 FR 21438). 
As such, neither an Environmental Assessment (EA) nor an Environmental 
Impact Statement (EIS) has been prepared.

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); Sec. 7.96 also 
issued under D.C. Code 8-137 (1981) and D.C. Code 40-721 (1981).

    2. Section 7.85 is amended by adding new paragraph (e) to read as 
follows:


Sec. 7.85  Big Thicket National Preserve.

* * * * *
    (e) Moored houseboats. Except as otherwise provided, the following 
regulations will be applicable:
    (1) All houseboats moored on waterways within the boundaries of Big 
Thicket National Preserve are required to be registered with the Office 
of the Superintendent, Big Thicket National Preserve. Houseboats will 
be assigned a number and a decal at the beginning of each calendar 
year. It is further required that written notification will be given to 
the Office of the Superintendent prior to relocation of a houseboat 
from its registered location.
    (2) Houseboats will be located a minimum distance of one-half mile 
from other houseboats.

[[Page 28531]]

    (3) New houseboats that have buoyancy flotation devices enabling 
the houseboat to float will be limited to styrofoam-type material or 
commercially made flotation products such as pontoon floats. Houseboats 
utilizing containers made of metal (e.g., 55 gallon drums for buoyancy/
flotation) will not be permitted unless the container has never been 
used to store any type of product inside and proof to this effect is 
provided.
    (4) Houseboats will have a chemical or other marine-type approved 
holding tank or storage container. Discharge of sewage into waters 
within the Preserve is prohibited.
    (5) All trash and other waste material accumulated on houseboats 
will be properly disposed of outside the Preserve boundaries. Burying 
or burning trash is prohibited.
    (6) All weapons on houseboats will be unloaded and cased.
    (7) Houseboats will be equipped with a minimum of one approved Type 
B-l fire extinguisher, one Type I personal flotation device for each 
individual occupying the houseboat, and one Type IV buoyant cushion or 
ring buoy.
    (8) Houseboats will have a minimum of three reflective devices 
located so as to be visible to other marine type traffic from sunset to 
sunrise.
    (9) Fires on Preserve land will not be left unattended and will be 
completely extinguished before leaving the area of the moored 
houseboat.
    (10) Damage to any trees or vegetation on Preserve land surrounding 
the moored houseboat is prohibited. This includes such actions as, but 
not limited to:
    (i) Mooring houseboats to trees;
    (ii) Nailing objects to trees;
    (iii) Clearing of vegetation; and
    (iv) Streambank modification.
    (11) All persons registering a houseboat within the boundaries of 
Big Thicket National Preserve will comply with all regulations 
pertaining to moored houseboats.

    Dated: May 9, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-14105 Filed 6-4-96; 8:45 am]
BILLING CODE 4310-70-P