[Federal Register Volume 69, Number 219 (Monday, November 15, 2004)]
[Proposed Rules]
[Pages 65556-65563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25318]


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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 [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.
    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: [email protected].

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 
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: [email protected].
    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 [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.
    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