[Federal Register Volume 68, Number 239 (Friday, December 12, 2003)]
[Proposed Rules]
[Pages 69358-69366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30556]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AC97


Lake Meredith National Recreation Area, 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 Lake Meredith 
National Recreation Area, Texas. This proposed rule implements the 
provisions of the NPS general regulations authorizing a park unit to 
allow the use of PWC by promulgating a special regulation. The NPS 
Management Policies 2001 directs individual parks to determine whether 
PWC use is appropriate for a specific park unit based on an evaluation 
of that park's enabling legislation, resources and values, other 
visitor uses, and overall management objectives.

DATES: Comments must be received by February 10, 2004.

ADDRESSES: Comments on the proposed rule should be sent to the 
Superintendent, Lake Meredith National Recreation Area, P.O. Box 1460, 
Fritch, TX 79036-1460, Fax: (806) 857-2319, e-mail: [email protected]. 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. Also, you may hand deliver comments to the 
Superintendent, Lake Meredith National Recreation Area, 419 East 
Broadway, Fritch, Texas.
    For additional information see ``Public Participation'' under 
SUPPLEMENTARY INFORMATION below.

FOR FURTHER INFORMATION CONTACT: Judy Shafer, Office of Policy and 
Regulations, National Park Service, 1849 C Street, NW., Room 7250, 
Washington, DC 20240. Phone: (202) 208-7068. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

Additional Alternatives

    This proposed rule would implement portions of the preferred 
alternative in the Environmental Assessment published March 10, 2003. 
The public should be aware that two other alternatives were presented 
in the EA, including a no-PWC alternative, and 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 banned PWC use in all 
park units effective April 20, 2000, except 21 park units. The 
regulation established a 2-year grace period following the final rule 
publication to provide these 21 park units time to consider whether PWC 
use should be allowed.

Description of Lake Meredith National Recreation Area

    Lake Meredith National Recreation Area is near Fritch, Texas, in 
the center of the Texas Panhandle, about 40 miles northeast of 
Amarillo, Texas. The reservoir was formed in the 1960s when the U.S. 
Bureau of Reclamation constructed Sanford Dam on the Canadian River. 
The dam was built to supply water to 11 communities in the Panhandle by 
means of 322 miles of pipeline. The National Recreation Area consists 
of about 45,000 acres; the historic average reservoir pool covers about 
10,000 acres.
    Lake Meredith is a major site of water-based recreation in the 
Panhandle, averaging more than 1.5 million visits per year from 1992 to 
1999. There are no comparable large bodies of water or land that 
provide such recreational diversity in the Panhandle area. The largest 
nearby recreation area is Palo Duro Canyon State Park, a beautiful 
scenic and historic area, but lacks the water resources of Lake 
Meredith.
    The lands and waters of Lake Meredith National Recreation Area 
support a major sport fishery and contain facilities for camping, 
picnicking, and boating. Lake Meredith is the only public land in a 
radius of approximately 50 miles that permits the hunting of deer, 
quail, ducks, and other migratory birds.
    Congress created Lake Meredith National Recreation Area on November 
28, 1990. Public Law 101-628 states this National Park System unit is 
``to provide for public outdoor recreation use and enjoyment of the 
lands and waters associated with Lake Meredith in the State of Texas, 
and to protect the scenic, scientific, cultural, and other values 
contributing to the public enjoyment of such lands and waters'' (16 
U.S.C. 460eee). By making Lake Meredith part of the National Park 
System, Congress emphasized the importance of protecting and 
interpreting the natural and cultural resources of the park. The 
legislation codified the long-standing administrative arrangements 
between the Bureau of Reclamation and the NPS.

Purpose of Lake Meredith National Recreation Area

    The purpose of the park is addressed in the following statements 
excerpted from the park's Strategic Plan.
    1. Provide for the safe public use, understanding, and enjoyment of 
the diverse recreational opportunities.
    2. Educate the public to instill an understanding and sense of 
stewardship of the cultural, natural, historic, scenic and recreational 
resources of the park.
    3. Provide opportunities for scientific study of natural and 
cultural resources.

Significance of Lake Meredith National Recreation Area

    The following park resources and values define the significance of 
Lake Meredith:
    1. The impounding of the Canadian River in 1965 created a man-made 
lake that fulfills outdoor recreational needs such as sport fishing, 
hunting, boating, horseback riding, hiking, scuba diving,

[[Page 69359]]

and bird watching for the five-state region of the Texas Panhandle 
Plains.
    2. The Lake, located on the windswept, arid plains of the Texas 
Panhandle Plains, is the largest body of water within a 200-mile radius 
and provides the main water source for three-quarters of a million 
people in 11 cities.
    3. The scenic, colorful Canadian River breaks contain the evidence 
of over 12,000 years of human occupation and use.
    4. The lake, wetlands, and High Plains prairie provide premier 
habitat for migratory waterfowl and endangered species, including but 
not limited to, bald eagle, Arkansas River shiner, and the state-listed 
Texas horned lizard.
    5. The park protects a portion of the significant High Plains 
ecosystem, including the imperiled Texas cottonwood/tall grass 
community.
    6. The park contains special geological features, such as ``filled 
chimneys,'' agatized Alibates dolomite, and the Canadian River cut, 
which exposes more than 250 million years of geologic history and 
divides the High Plains to the north from the Llano Estacado (Staked 
Plains) to the south.

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 Lake Meredith National Recreation Area

    All different types of vessels can be found on Lake Meredith on any 
given day. These vessels include canoes, rowboats, PWC, runabouts, day 
cruisers, ski boats, sailboats , and houseboats. Activities on the lake 
associated with boating include sightseeing, water skiing, fishing, 
hunting, scuba diving, swimming, camping, racing, and sailing. Boaters 
mainly come from communities in and around the Panhandle, but also from 
Kansas, Colorado, and New Mexico.
    Boaters launch vessels at any of the five developed launch ramps or 
at other designated primitive launch sites or campground sites, 
depending on the lake level. Due to sedimentation and low river volume, 
only rafts and canoes are able to access the river upstream from the 
lake proper when water levels are high enough. Also a lot of boaters 
who camp at shoreline campgrounds dock their boats near their campsite.
    Vessel and other watercraft use in Lake Meredith have occurred 
since the reservoir was opened for recreational use in 1965. PWC use 
began to appear on the lake during the late 1970s, when PWC were first 
manufactured, and their use has steadily increased. NPS estimates that 
PWC comprise approximately 20% of the vessels use on Lake Meredith. The 
primary use season is May through September (estimate 3,500 PWC 
visitor-days) with the off-season October through March (estimate 575 
PWC visitor-days).
    Most PWC users gain access to the reservoir from campgrounds and 
they operate wherever the lake is navigable. They do not commonly 
operate in the intermittent flowing Canadian River because it is 
normally too shallow, contains dense vegetation and a heavy load of 
suspended sediment. Access to streambeds in side canyons of the 
reservoir is also limited because of dense vegetation and shallow water 
levels.

Boating Accidents and Violation Notices

    When PWC's are involved in accidents there is a potential for 
greater damage and injury. PWCs are designed for speeds up to seventy 
miles per hour and for stunt-like maneuvers. Therefore, accidents 
between PWCs and fixed objects typically result in more serious damage 
and personal injuries. Industry representatives report that PWC 
accidents decreased in some states in the late 1990s. The National 
Transportation Safety Board reported that in 1996 personal watercraft 
represented 7.5% of state-registered recreational vessels but accounted 
for 36% of recreational boating accidents (NTSB 1998). From 1997 to 
2001, thirteen boating incidents occurred on Lake Meredith. Of the 
thirteen boating incidents, seven had minor damage and six had 
extensive damage. During the same time period, there were six incidents 
involving PWCs. Of the six incidents involving PWCs, five had minor 
damage and one had extensive damage. Between 1997 and 2001, 41 search 
and rescue missions were reported for vessels and five search and 
rescue missions for PWCs.
    Boating regulations are enforced by NPS law enforcement staff and 
Texas Parks and Wildlife Department officers. Between 1997 and 2001, 
NPS rangers issued 393 written violation notices to all watercraft 
operators on Lake Meredith, with 271 violations to boats and 122 
violations to PWC operators. The majority of violations for vessels 
were due to failing to pay the recreation fee, violating no-wake zones, 
towing without an observer, and riding on gunwales or bows.

Resource Protection and Public Use Issues

Lake Meredith National Recreation Area Environmental Assessment

    The National Park Service has prepared a draft Environmental 
Assessment (EA). The EA was available for public review and comment 
from March 10 to April 9, 2003. During this rule making a copy of the 
EA will remain on the park's Web site at www.nps.gov/lamr.
    The purpose of the environmental assessment was to evaluate a range 
of alternatives and strategies for the management of PWC use, ensuring 
the protection of park resources and values, and offering recreational 
opportunities as provided for in the National Recreation Area's 
enabling legislation, purpose, mission, and goals. The analysis assumed 
an alternative would be implemented beginning in 2002 and considered a 
10-year use period, from 2002 to 2012.
    The Environmental Assessment evaluated three alternatives 
concerning the use of PWC at Lake Meredith National Recreation Area. 
Two of the alternatives considered in the Environmental Assessment 
would permit PWC use in the park under certain conditions. Alternative 
A allows

[[Page 69360]]

PWC use under a special regulation that includes certain current 
provisions of the Superintendent's Compendium. The Superintendent's 
Compendium is terminology the NPS uses to describe the authority 
provided to the Superintendent under 36 CFR 1.5 and 1.7. It allows for 
local, park-specific regulations for a variety of issues and under 
certain criteria. Alternative A is also the baseline for proposing the 
impact analysis. However, the economic analysis discussed later in this 
document uses the no-action alternative as a baseline. The provisions 
of the Superintendent's Compendium include the following closures: the 
stilling basin below Sanford Dam, the waters of the Canadian River, and 
within 750' of the intake tower. The stilling basin was closed because 
it is a designated swim beach, while the prohibition on vessels within 
750 feet of the intake tower enhances safety and prevents any 
accidental contamination of the municipal water system. During times of 
heightened homeland security the park would institute a 75 foot buffer 
around the Dam structure itself to all vessels. Since this is a 
sporadic closure, it is not included in the text of the regulatory 
language. Waters of the Canadian River are typically too low to safely 
operate a vessel. The launching of boats at areas other than at a 
designated launch site is also prohibited.
    Under alternative B Lake Meredith National Recreation Area would 
adopt a special regulation that would allow continued PWC operation 
similar to alternative A, but use would be further restricted to reduce 
conflicts between fishermen and PWC operators in lake areas and to 
protect water resources by designating and marking ``Flat Wake'' zones 
in a number of the canyons. These lake arms and back coves include: 
North Turkey Creek, Bugbee Canyon, North Canyon, North Cove, South 
Canyon, Sexy Canyon, Amphitheater Canyon, the coves between day markers 
9 and 11, Fritch Canyon, Short Creek, Evans Canyon and Canal Canyon. In 
addition, the special regulation would prohibit PWC fueling on the lake 
except at the marina fuel dock, with an attendant providing the fuel 
service. PWC fueling by operators would be allowed only when the PWC is 
out of the water. In addition, the carrying of extra fuel onboard PWC 
would be prohibited.
    In addition to these two alternatives for allowing restricted PWC 
use, a no-action alternative was considered that would continue the 
prohibition of all PWC use within the National Recreation Area. All 
three alternatives were evaluated with respect to PWC impacts on water 
quality, air quality, soundscapes, wildlife and wildlife habitat, 
threatened, endangered, or special concern species, shoreline 
vegetation, visitor experience, visitor conflict and safety, and 
cultural resources.
    Based on the environmental analysis, NPS determined that 
Alternative B is the park's preferred alternative for managing PWC use. 
Alternative B is also considered the environmentally preferred 
alternative because it would best fulfill park responsibilities as 
steward of this 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 to health or safety, or other undesirable and unintended 
consequences.
    This document proposes regulations to implement Alternative B at 
Lake Meredith National Recreation Area. The NPS will consider the 
comments received on this proposed rule, as well as the comments 
received on the Environmental Assessment. The public should review and 
consider the other alternatives contained in the Environmental 
Assessment when making comments on this proposed rule. A copy of the 
Environmental Assessment is available by contacting the Superintendent, 
Lake Meredith National Recreation Area, P.O. Box 1460, Fritch, Texas, 
79036, or by downloading the document from the park's Web site at 
www.nps.gov/lamr.
    The park will begin planning efforts and public outreach for a new 
General Management Plan in the near future. During that planning 
process the environmental impacts of vessels other than PWCs will be 
evaluated. At that time, all vessels will be brought into alignment 
with regulations for PWCs and rule making proposed where needed for 
consistency.
    The following summarizes the predominant resource protection and 
public use issues associated with PWC use at Lake Meredith Recreation 
Area. Each of these issues is analyzed in the Lake Meredith Recreation 
Area, Personal Watercraft Use Environmental Assessment.

Water Quality

    Conventional two-stroke, carbureted engines today power the vast 
majority of PWC in use, which discharge as much as 30% of their fuel 
unburned directly into the water. Hydrocarbons, including benzene, 
toluene, ethyl benzene, and xylene (BTEX) and polyaromatic hydrocarbons 
(PAHs), are released. These discharges have potential adverse effects 
on water quality. The issue over two stroke engines operating at Lake 
Meredith Recreation Area will in time become a non-issue. In 1996, the 
Environmental Protection Agency (EPA) promulgated a rule to control 
exhaust emissions from new marine engines, including outboards and PWC. 
Emission controls provide for increasingly stricter standards beginning 
in model year 2006 (EPA 1996a). As a result of the rule, the EPA 
expects a 50% reduction in hydrocarbon emissions from marine engines 
from present levels by 2020 and a 75% reduction in hydrocarbon 
emissions by 2025. Impacts from the use of two stroke engines will 
diminish as this new technology replaces older two stroke engines.
    Under this proposed rule PWC use would continue within the 
reservoir, but flat wake zones would be established in 12 coves and 
lake arms: North Turkey Creek, Bugbee Canyon, North Canyon, South 
Canyon, Sexy Canyon, Amphitheater Cove, the coves between day markers 9 
and 11, North Cove, Fritch Canyon, Short Creek, Evans Canyon and Canal 
Canyon. It is assumed that PWC operating in the flat wake zones under 
this proposal would discharge gasoline and its constituents at one-
quarter the rate expected at full throttle in the open-water portion of 
the lake. For the purpose of evaluating impacts to water quality, it 
was assumed that the flat wake zones were established in 2002. Area 1 
is defined as Lake Meredith minus the flat wake zones and area 2 is 
defined as the flat wake zones.
    Overall numbers and distribution of PWC would remain the same in 
both 2002 and 2012. In 2012 emission rates for PWC (as well as outboard 
motorboats) were assumed to decrease by 50%, in accordance with the 
U.S. Environmental Protection Agency manufacturing requirement. Also, 
under this proposal the PWC user education program would be enhanced to 
include materials describing the advantages of the U.S. EPA emission 
reduction programs and the anticipated benefits to water and air 
quality.
    The environmental analysis determined that impacts from continued 
PWC use with management restrictions would result in short- and long-
term, negligible, adverse effects on water quality based on 
ecotoxicological and human health benchmarks, similar to the current 
limits (i.e., use levels before the park closed on November 7, 2002). 
All threshold volumes needed to dilute PWC emissions in area 2 (the 12 
flat wake zones) would be smaller under this proposal than under the 
current limits because of the additional management restrictions 
(specific flat

[[Page 69361]]

wake zones for PWC). Prohibiting PWC fueling on the lake would further 
reduce the potential for accidental spills and associated impacts on 
water quality.
    The environmental analysis determined that cumulative impacts in 
2002 from PWC and motorboat use would range from negligible to moderate 
under this proposal. Impacts from benzene in 2002 would be moderate in 
area 1 and minor in area 2. Focused water quality monitoring would be 
needed immediately following a high-use day to confirm these impact 
estimates. By 2012 all threshold volumes would be substantially reduced 
as a result of improved emission controls and park instituted flat wake 
zones and PWC user education program. All cumulative impacts based on 
ecotoxicological and human health benchmarks would be negligible. (For 
an explanation of terms such as ``negligible'' and ``adverse,'' see 
page 66 of the Environmental Assessment.) Therefore, this proposal 
would not result in an impairment of water resources.

Air Quality

    PWC emit various compounds that pollute the air. In the two-stroke 
engines commonly used in PWC, 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). PWC 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 
inhalation. 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 PWC are minimal (less than 5 tons per year), acid 
deposition effects attributable to PWC use are expected to be minimal.
    Continuing PWC use at Lake Meredith would result in minor adverse 
impacts from CO and negligible impacts from VOC, PM10, and 
NOX, in 2002 and 2012, although emissions would be reduced 
slightly compared to the current circumstances.
    Cumulative emission levels in 2002 and 2012 would be moderate for 
CO and negligible for PM10 and NOX. Emission 
levels for VOC would be minor in 2002, decreasing to negligible in 2012 
as a result of improved engine technology. Overall, PWC emissions of HC 
and VOC are estimated to be 25% to 38% of the cumulative boating 
emissions in 2002 and would be reduced to below 20% by 2012 with 
technology improvements. Therefore, this proposal would not result in 
an impairment of air quality.
    Under this proposal there would be a negligible impact on 
visibility from PWC in both 2002 and 2012 and a minor adverse impact 
from ozone exposure in 2002 and 2012.
    On a cumulative basis there would be negligible impact levels on 
visibility from all motorized watercraft in both 2002 and 2012, 
although PM2.5 emissions would be reduced slightly. The 
impact level on ozone exposure in 2002 and 2012 is expected to remain 
moderate. Ozone monitoring data indicate that Lake Meredith is 
influenced by the transport of ozone and its precursor pollutants from 
south and east Texas. This proposal would not impair air quality 
related values.

Soundscapes

    Noise impacts from PWC use are caused by a number of factors. Noise 
from human sources, including PWC, can intrude on natural soundscapes, 
masking the natural sounds that are an intrinsic part of the 
environment. This can be especially true in quiet places, such as in 
secluded lakes, coves, river corridors, and backwater areas. Also, PWC 
use in areas where there are nonmotorized users (such as canoeists, 
sailors, people fishing or picnicking, and kayakers) can disrupt the 
``passive'' experience of park resources and values.
    The biggest difference between noise from PWC and that from 
motorboats is that the former repeatedly leave the water, which 
magnifies noise in two ways. Without the muffling effect of water, the 
engine noise is typically 15 dBA louder and the smacking of the craft 
against the water surface results in a loud ``whoop'' or series of 
them. With the rapid maneuvering and frequent speed changes, the 
impeller has no constant ``throughput'' and no consistent load on the 
engine. Consequently, the engine speed rises and falls, resulting in a 
variable pitch. This constantly changing noise is often perceived as 
more disturbing than the constant noise from motorboats.
    PWC users tend to operate close to shore, to operate in confined 
areas, and to travel in groups, making noise more noticeable to other 
recreationists. Motorboats traveling back and forth in one area at open 
throttle or spinning around in small inlets also generate complaints 
about noise levels; however, most motorboats tend to operate away from 
shore and to navigate in a straight line, thus being less noticeable to 
other recreationists.
    The environmental analysis determined that impacts from noise from 
PWC use would have temporary, minor, adverse impacts at most locations 
at Lake Meredith Recreation Area over the short and long term. However, 
there would be beneficial impacts on the back coves where flat wake 
restrictions would be in effect under this proposed rule. Impact levels 
would be related to the number of PWC operators, as well as the 
sensitivity of other visitors. Over the long term PWC noise levels 
would be reduced with the introduction of newer engine technologies.
    Cumulative noise impacts from PWC and motorboat use, as well as 
other visitor activities, would be temporary, minor, and adverse over 
the short and long term, with these sounds heard occasionally 
throughout the day. Under this proposed rule there will be a beneficial 
impact on the back coves since these areas would be designated as flat 
wake zones. For the most part, natural sounds would still predominate 
at most locations within the recreation area. The highest concentration 
of sound impacts would occur near the boat launches and marinas. 
Therefore, this proposal would not impair soundscapes.

Wildlife and Wildlife Habitat

    This proposed rule intends to protect birds and waterfowl from the 
effects of PWC-generated noise, especially during nesting seasons, 
protect fish and wildlife species and their habitat from PWC 
disturbances, and protect fish and wildlife from the adverse effects of 
bioaccumulation of contaminants from PWC emissions.
    Under this proposal there would be a reduction in overall impacts 
caused by PWC use because of flat wake zones and water quality would be 
improved due to PWC fueling restrictions on the lake. Impacts on 
wildlife and wildlife habitat would be short term, negligible, and

[[Page 69362]]

adverse at most locations. All Texas and federal watercraft laws and 
regulations apply to PWC operators, including regulations that address 
reckless or negligent operation, excessive speed, hazardous wakes or 
washes, hours of operation, age of operator, access to the shore at 
flat wake speeds, distance between vessels and prohibition on operating 
a vessel at greater than flat wake speed less than 50 feet from the 
shoreline. The park enforces Texas Parks and Wildlife Department 
regulations through 36 CFR 3.1 and the park's concurrent jurisdiction 
authority. The designation of flat wake zones will restrict vessel 
speeds in the back coves and lake arms, which will have beneficial 
impact to species in back coves and lake arms. There are an estimated 
60 species of mammals that occur in the Lake Meredith National 
Recreation Area. Common mammals include mule deer, coyote, porcupines, 
raccoons, foxes, squirrels, rabbits, a few bats, and several varieties 
of rats and mice. Larger predators include mountain lions and bobcats. 
Over 200 species of birds are present including wild turkey, bobwhite, 
scaled quail, mourning dove, roadrunner, great blue herons and red-
winged blackbird. The most common of the 15 species of fish present 
include walleye, catfish, largemouth and sand bass, crappie, bluegill 
and carp. Eleven amphibian species and 32 reptile species are also 
found at Lake Meredith including two poisonous snakes (prairie 
rattlesnake and diamondback rattlesnake). Since these are generally 
land mammals, little wildlife uses the open water, where PWC speeds are 
higher.
    On a cumulative basis, all visitor activities would continue to 
have short-term, negligible to minor, adverse effects on wildlife and 
wildlife habitat. All wildlife impacts would be temporary. Therefore, 
this proposed regulation would not impair wildlife or wildlife habitat.

Threatened, Endangered, or Special Concern Species

    This proposed regulation aims to protect threatened or endangered 
species, or species of special concern, and their habitats from PWC 
disturbances. 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 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. State and federally listed species 
were identified through discussions with park staff, informal 
consultation with the U.S. Fish and Wildlife Service, and project 
review by the Texas Parks and Wildlife Department. The U.S. Fish and 
Wildlife Service was contacted regarding federal threatened, 
endangered, and special concern species, as was the Texas Parks and 
Wildlife Department regarding state species. At Lake Meredith National 
Recreation Area it has been determined that none of the alternatives 
would adversely affect any of the listed species. However, the species 
at Lake Meredith that have the potential to be affected by proposed PWC 
management alternatives include the federally listed bald eagle and the 
Arkansas River shiner.
    Continued, restricted PWC use at Lake Meredith National Recreation 
Area would have no impact on endangered, threatened or sensitive 
species. Bald Eagles are present only in the winter season when PWCs 
are generally not in use. Additionally, there is no known summer 
nesting of Bald Eagles in the park. There is designated critical 
habitat for the Arkansas River shiner within park boundaries in the 
Canadian River however, the map identifying critical habitat area is 
likely to change. (As part of a recent court decision, the U.S. Fish 
and Wildlife Service agreed to jettison its policy outlining a habitat 
area for the minnow and draft a new one.) The park is proposing to 
close that section of the river to protect this critical habitat. 
Therefore, there would be no perceptible changes in concerned species' 
populations or their habitat community structure. All impacts on these 
species and habitat due to PWC use would be temporary and short term. 
The intensity and duration of impacts are expected to remain constant 
over the next 10 years, since PWC numbers are anticipated to remain 
steady. Also, cumulative effects from all park visitor activities would 
not likely adversely affect these species since the identified species 
are not present or are not accessible during the course of normal 
visitor activities on Lake Meredith.
    Therefore, this proposal would not result in an impairment of 
threatened, endangered, or special concern species.

Shoreline Vegetation

    Wind and wave action erodes areas along the steeper to more 
moderately inclined shorelines and a sometimes cause landslides that 
slip into the reservoir. Vegetation is relatively sparse below the 
historic high water level within the steeper to moderately inclined 
slopes. Recent growth is present in the more shallow backwater areas 
with less, or relatively flat, relief. These shallow areas are 
frequently filled with dense vegetation growth including invasive 
species; they are occasionally inundated killing off adjacent disturbed 
day land and shallow water plants. Vegetation upon slopes offers little 
resistance to land or mudslides and erosion by waves and erosion is 
accelerated as a result of fluctuating water levels.
    PWC use would have negligible adverse impacts over the short and 
long term because there would be no perceptible changes to plant 
community size, integrity or continuity now or in the future. The 
proposed PWC flat wake restrictions in back coves would result in 
beneficial impacts to shoreline vegetation from reduced wave action/
erosion.
    On a cumulative basis other visitor activities are more prevalent 
than PWC use. However, no obvious impacts currently exist, and impacts 
to shoreline vegetation would continue to be negligible. There would be 
no perceptible changes to plant community size, integrity, or 
continuity now or in the future. Therefore, this proposal would not 
impair shoreline vegetation.

Visitor Experience

    In proposing this regulation for Lake Meredith, NPS aims to ease 
potential conflicts between PWC users and other park visitors.
    To determine impacts, the current level of PWC use was calculated 
for areas of the recreation area. Other recreational activities and 
visitor experiences that are occurring in these locations were also 
identified. Visitor surveys and staff observations were evaluated to 
determine visitor attitudes and satisfaction in areas where PWC are 
used. Visitor survey data gathered at Lake Meredith National Recreation 
Area before the closure took effect suggests that the majority of 
visitors are satisfied with their current experiences. The potential 
for change in visitor experience was evaluated by identifying projected 
increases or decreases in both PWC and other visitor uses, and 
determining whether these projected changes would affect the desired 
visitor experience and result in greater safety concerns or additional 
user conflicts.
    Under this proposed rule flat wake zones would be established and 
marked with buoys in lake arms and back coves (North Turkey Creek, 
Bugbee Canyon, North Canyon, North Cove, South Canyon, Sexy Canyon, 
Amphitheater Cove, the coves between day markers 9 and 11, Fritch 
Canyon, Short Creek,

[[Page 69363]]

Evans Canyon and Canal Canyon), and visitor education would be 
enhanced. PWC operators would be prohibited from fueling on the lake 
(except at the marina fuel dock) and from carrying extra fuel onboard. 
A map of the lake will be developed to identify these flat-wake zones 
and launching of vessels would be permitted at areas with designated 
concrete vessel ramps (Cedar Canyon Launch Ramp, Fritch Fortress Launch 
Ramp, Harbor Bay Launch Ramp, Blue West Launch Ramp, and Sanford-Yake 
Marina) and designated camping areas and primitive areas. Primitive or 
undeveloped launch sites may be opened or closed depending on lake 
levels. Maps will be posted at the park, on the park's web site, and 
informational pamphlets would be made available to the public.
    Impacts on PWC Users. Flat wake restrictions established under this 
proposed rule would be limited only to the arms of the lake and back 
coves. Other flat wake restriction are imposed by 36 CFR part 3 and the 
Texas Water Safety Act . The State of Texas prohibits other than flat 
wake speeds within 50 feet of another PWC, vessel, platform, person, 
object or shoreline. Because PWC operators often prefer large bodies of 
open water, these restrictions would have a negligible adverse effect 
on PWC users. Fueling watercraft away from the water surface would 
result in a minor inconvenience.
    Impacts on Other Boaters. Impacts to other boaters would be similar 
to those under the previous circumstance because restrictions under 
this proposed rule would not affect areas or hours of operation or the 
number of users permitted on the lake. However, anglers who fish from 
boats would experience a beneficial impact due to PWC flat wake 
restrictions in lake arms and coves, as would canoeists and kayakers 
who may prefer these areas. Impacts to other boaters would continue to 
be negligible to minor, long term, and adverse.
    Impacts on Other Visitors. Impacts to other shoreline users would 
be similar to those under the current management. Other visitors, 
particularly swimmers, might notice a beneficial impact due to PWC 
operators refueling their watercraft out of the water and away from the 
shoreline. Anglers, particularly those who fish in back coves or from 
shorelines where such fishing is permitted, would experience beneficial 
impacts due to PWC speed and flat wake restrictions. Other visitors 
would continue to experience negligible to minor adverse impacts.
    When related to other visitor activities, PWC use would not 
appreciably limit the visitor experience. Cumulative impacts would be 
moderate for PWC users but negligible over the short and long term for 
most other visitors because there would be little noticeable change in 
visitor experiences.

Visitor Conflict and Safety

    Under the proposed rule Lake Meredith aims to minimize or reduce 
the potential for PWC user accidents, minimize or reduce the potential 
for safety conflicts between PWC users and other water recreationists, 
and provide a safe and healthful environment for park visitors.
    Between 1997 and 2001 Lake Meredith park staff issued 122 written 
violation notices to PWC users, conducted 5 search-and-rescue 
operations for PWC, and towed 12 disabled PWC. In the same time period 
six PWC-related accidents occurred, although the only PWC-related 
injury recorded by park staff happened when one operator attempted to 
jump-start another craft. Proactive boat patrols in the past five years 
have resulted in increased safety--prior to 1997, there were two water-
related deaths at the park every year for 30 years (although the types 
of watercraft involved were not documented). NPS rangers and Texas 
Parks and Wildlife Department officers enforce boating regulations. The 
Coast Guard Auxiliary also helps with boat patrols. NPS law enforcement 
staff focus 75% of their time on land activities and 25% on water 
activities.
    PWC speeds, wakes, and operations near other users can pose hazards 
and conflicts, especially to canoeists and kayakers. Sailboaters are 
the primary nonmotorized vessels used in the national recreation area, 
and conflicts could occur with PWC. To date, few conflicts have been 
reported between PWC and nonmotorized boaters.
    Under this proposed rule flat wake zones would be established in 
lake arms and back coves, and PWC user education would be enhanced.
    PWC User/Swimmer Conflicts. Impacts would be similar to the current 
situation since the number of PWC operating within the recreation area 
is expected to remain constant. Flat wake zones in lake arms could have 
a beneficial impact on swimmers, since many popular swimming locations 
occur in such areas. Enhanced PWC education could benefit all visitors 
by decreasing the potential for conflicts. Overall, PWC use would 
continue to have negligible to minor adverse impacts on most swimmers 
at Lake Meredith National Recreation Area.
    PWC Users/Other Vessel Conflicts. Impacts would be similar to 
previous conditions. Flat wake zones would benefit nonmotorized vessels 
and anglers who fish from boats. Therefore, PWC use would continue to 
have minor adverse impacts on other motorized boaters and negligible 
adverse impacts to nonmotorized vessels at Lake Meredith.
    PWC Users/Other Visitor Conflicts. Establishing flat wake zones in 
back coves will benefit anglers who have complained about speed 
violations in these areas. Even though Texas boating regulations 
require flat wake speeds within 50 feet of the shoreline, some PWC 
users could be unaware of the regulations. Enhanced PWC education under 
this alternative would help remedy this situation. PWC use would have 
negligible adverse impacts to other visitors.
    Continued PWC use would have short- and long-term, minor, adverse 
impacts on visitor conflicts and safety due to the number of visitors 
and boats present on high use days. Establishing flat wake zones in 
back coves could benefit anglers who have complained about conflicts 
with PWC in these areas.
    Cumulative impacts related to visitor conflicts and safety would be 
minor for all user groups in the short and long term.

Cultural Resources

    This proposed regulation aims to control PWC use and access to 
protect cultural resources, including sacred sites important to Native 
Americans. Archeological sites are common in Lake Meredith National 
Recreation Area. A shoreline survey was completed in 1981, and 44 
prehistoric and 8 historic sites were located between the high and low 
waterlines. Sites along the shoreline are most threatened by natural 
erosion due to fluctuating reservoir water levels and wind-driven wave 
action. Wave action from vessels and PWC is a minor problem compared to 
wind-driven waves that hit the shoreline. In recent years, there have 
been no reports of people taking artifacts from shoreline sites.
    Uncontrolled access to cultural sites remains a problem at Lake 
Meredith. Both PWC users and boaters can access sites along and near 
the shoreline. The park does not have sufficient staff to enforce 
regulations throughout the year.
    Native American sacred sites that are listed on, or may be eligible 
for listing on, the National Register of Historic Places may be 
affected by erosion along shorelines, or by uncontrolled visitor access 
since riders are able to access areas less accessible to most 
motorcraft. Previous consultations were held with Native American 
tribes concerning the

[[Page 69364]]

exposure of human remains found eroding from the lakeshore.
    PWC use within the recreation area could have minor adverse impacts 
on archeological sites and submerged cultural resources from possible 
illegal collection and vandalism. However, under this proposal a user 
education program and flat wake zone could limit these effects. 
Cumulative impacts on archeological and submerged cultural resources 
that are readily accessible would be minor to moderately adverse. 
Therefore this proposal would not impair any archeological or submerged 
cultural resources.
    PWC-related intrusions during the use of ethnographic resources 
would result in short-term, minor to moderate adverse impacts. The 
introduction of a user education program and the expansion of flat wake 
zones could further limit some of these effects. Over the long term PWC 
noise levels could be reduced as a result of newer engine technologies.
    On a cumulative basis all visitor activities could result in minor 
to moderate adverse impacts on those resources that are readily 
accessible, due to possible short-term interruptions in their use. All 
impacts would continue at existing levels.
    This alternative would not impair any ethnographic resources.

The Proposed Rule

    As established by the April 2000 National Park Service rule (36 CFR 
3.24), PWC use is prohibited in all National Park System areas unless 
determined appropriate. The process used to identify appropriate PWC 
use at Lake Meredith National Recreation Area considered the known and 
potential effects of PWC on park natural resources, traditional uses, 
public health and safety. The proposed rule is designed to manage PWC 
use within the National Recreation Area in a manner that achieves the 
legislated purposes for which the park was established including 
providing reasonable access to the park by PWC.
    NPS proposes that PWCs continue to be allowed on Lake Meredith as 
they have been throughout the history of the lake. Under the special 
regulation in 36 CFR 7.57 pertaining to Lake Meredith National 
Recreation Area, PWC use would continue under the same conditions that 
existed prior to the closure in November 2002. The following areas will 
be closed to all boating: the stilling basin below Sanford Dam and 
within 750' feet of the intake tower (as mandated by Bureau of 
Reclamation for safety reasons) and the waters of the Canadian River 
(because of low water levels and wildlife habitat). Also, operating a 
vessel in excess of 5 mph or creating a wake is prohibited in all 
marked ``Flat Wake'' areas on the lake. Launching of vessels is 
permitted only at designated concrete vessel ramps and designated 
camping and primitive areas that also provide other types of designated 
launch areas. All nonconflicting Texas and federal watercraft laws and 
regulations would apply to PWC operators, excessive speed, hazardous 
wakes or washes, hours of operation, age of driver, and distance 
between vessels.
    In addition to the previous provisions, the most significant change 
NPS proposes is to establish and mark with buoys flat wake zones in 
twelve lake arms and back coves. This modification is in response to 
complaints from fishermen in the park that PWCs have disrupted their 
fishing in some of the back coves of the lake. The objective of this 
proposal is to reduce or eliminate the PWC/fishermen conflict by 
reducing PWC speeds in these back coves. Because of the extensive 
fluctuation in water levels in the reservoir, the NPS proposes to place 
``flat wake'' or similarly marked buoys in the water to delineate the 
areas where all vessels must travel at flat wake speeds within those 
coves identified in this proposed rule. However, should water levels 
drop significantly, some coves may not be accessible at all and the 
buoys would be removed for safekeeping until the water level(s) return 
to a depth that would sustain safe vessel use. At that time the buoys 
would be returned to the water and flat wake speed use would again be 
authorized.
    The following would be adopted if this regulation is implemented:
    1. Twelve lake arms and back coves on the lake are designated as 
flat-wake zones. A map of the lake would be developed to identify these 
flat-wake zones, and they would be clearly marked with buoys when water 
levels support safe vessel use. Maps would be posted at the park, on 
the park's web site and informational pamphlets would be made available 
to the public.
    2. Enhance PWC user education through interpretive talks, onsite 
bulletins, and brochures for PWC registrants and visitors who rent 
personal watercraft.
    3. Educate PWC users about the advantages of using watercraft with 
cleaner burning engines.
    4. Require PWC fueling by operators onshore and out of the water. 
PWC fueling could continue to occur on the lake at the marina fuel 
dock, with an attendant providing the fuel service.
    5. Prohibit carrying of extra fuel on personal watercraft.
    6. Continue to monitor water quality on Lake Meredith through 
testing services available from other agencies.
    7. Launching of PWCs would be limited to designated launch sites 
including concrete vessel ramps and other types of designated launch 
sites.

Compliance With Other Laws

Regulatory Planning and Review (Executive Order 12866)

    This document is not a significant rule and has not 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 Lake Meredith 
National Recreation Area'' (LAW Engineering and Environmental Sciences, 
Inc.) dated September 2002.
    (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 not 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 from the public concerning the overall effect of 
authorizing PWC use and National Park Service policy and park 
management but is not a significant controversy for this park.

[[Page 69365]]

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 ``Economic Analysis of 
Personal Watercraft Regulations in Lake Meredith National Recreation 
Area'' (LAW Engineering and Environmental Services, Inc. September 
2002). The focus of this study was to document the impact of this rule 
on ten PWC related businesses in the vicinity of Lake Meredith that may 
be affected by any restriction of PWC use, including PWC dealerships, a 
PWC rental shop, and convenience stores offering PWC storage and other 
boating related services. This report found that the potential loss for 
these businesses as a result of this rule would be minimal, as PWC 
users account for a very small fraction of economic activity in the 
region.

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 parties and a submission under the Paperwork Reduction Act is 
not required. An OMB Form 83-I is not required.

National Environmental Policy Act

    The National Park Service has analyzed this rule in accordance with 
the criteria of the National Environmental Policy Act and has prepared 
an Environmental Assessment (EA). The EA was available for public 
review and comment March 10 to April 9, 2003. The EA will continue to 
be available at the park's office and on the park's Web site--http://www.nps.gov/lamr. A copy of the EA is available by contacting the 
Superintendent, Lake Meredith National Recreation Area, P.O. Box 1460, 
Fritch, TX 79036, or by downloading it from the Internet at http://www.nps.gov/lamr.

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.
    During the consultation process in late 2002, the NPS consulted 
with the tribes that claim some affiliation with Lake Meredith National 
Recreation Area, in writing about the development of this proposed rule 
and the supporting Environmental Assessment. Those Tribes include the 
Wichita and Affiliated Tribes; Kiowa Indian Tribe of Oklahoma; Comanche 
Indian Tribe, Oklahoma; Cheyenne-Arapaho Tribe, Oklahoma; Caddo Indian 
Tribe of Oklahoma; Jicarilla Apache Tribe, NM; Mescalero Apache Tribe, 
NM; Apache Tribe of Oklahoma; and, the Fort Sill Apache Tribe of 
Oklahoma. To date no comments have been received from any of the Native 
American Tribes.

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.  7.57 Lake Meredith National Recreation Area. (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 email the comments to this address: [email protected].
    Drafting Information: The primary authors of this regulation are: 
Bill Briggs, Chief Ranger; Jim Rancier, Chief of Resource Management; 
Paul Eubank, Environmental Protection Specialist; Sarah Bransom, 
Environmental Quality Division; and Judy Shafer, Office of Policy and 
Regulations.

Public Participation

    If you wish to comment, you may submit your comments by any one of 
several methods. You may mail comments to the Superintendent, Lake 
Meredith National Recreation Area, P.O. Box 1460, Fritch, Texas 79036. 
You may also comment via the Internet to [email protected]. 
Please also include ``PWC Rule'' in the subject line and your name and 
return address in the body of your Internet message. Finally, you may 
hand deliver comments to the Superintendent, Lake Meredith National 
Recreation Area, 419 East Broadway, Fritch, Texas 79036-1460.

[[Page 69366]]

    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

    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 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 DC Code 8-137(1981) and DC Code 40-721 (1981).

    2. Section 7.57 is amended by revising the section heading and 
adding paragraph (h) to read as follows:


Sec.  7.57  Lake Meredith National Recreation Area.

* * * * *
    (h) Personal watercraft (PWC). (1) PWC may operate on Lake Meredith 
except in the following closed areas: stilling basin below Sanford Dam, 
within 750 feet of the Sanford Dam intake tower, and on the waters of 
the Canadian River.
    (2) PWC may operate on Lake Meredith under the following 
conditions:
    (i) Fueling of PWC is prohibited on the lake, except at the marina 
fuel dock with an attendant providing the fuel service, or onshore and 
out of the water.
    (ii) Carrying of fuel in an external or portable container onboard 
a PWC is prohibited.
    (iii) PWC may only be launched at designated launch sites 
established by the Superintendent in accordance with 36 CFR 1.5 and 
1.7.
    (iv) PWC may not operate at greater than flat wake speed in the 
following designated areas: North Turkey Creek, Bugbee Canyon, North 
Canyon, North Cove, South Canyon, Sexy Canyon, Amphitheater Canyon, the 
coves between day markers 9 and 11, Fritch Canyon, Short Creek, Evans 
Canyon and Canal Canyon. Flat wake areas are designated by buoys marked 
with ``flat wake'' or other similar markings. The location of those 
buoys may be adjusted by the Superintendent based on reservoir water 
levels.
    (3) 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 28, 2003.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 03-30556 Filed 12-11-03; 8:45 am]
BILLING CODE 4310-3A-P