[Federal Register Volume 73, Number 12 (Thursday, January 17, 2008)]
[Rules and Regulations]
[Pages 3181-3187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-748]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 13

RIN 1024-AD38


National Park System Units in Alaska

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: This rule revises the special regulations for the NPS-
administered areas in Alaska to update provisions governing subsistence 
use of timber, river management, ORV use, fishing, and camping. The 
revision also updates definitions, prohibits pets in certain areas, and 
establishes wildlife viewing distances in several park areas.

DATES: This rule is effective on February 19, 2008.

FOR FURTHER INFORMATION CONTACT: National Park Service, Victor Knox, 
Deputy Regional Director, Alaska Regional Office, 240 West 5th Ave., 
Anchorage, AK 99501. Telephone: (907) 644-3501. E-mail: [email protected]. Fax: (907) 644-3816.

SUPPLEMENTARY INFORMATION:

Background

    On December 27, 2006, the NPS published in the Federal Register 
proposed revised special regulations for the NPS-administered areas in 
Alaska. Each park area in Alaska has a compendium consisting of the 
compiled designations, closures, openings, permit requirements, and 
other provisions established by the Superintendent under the 
discretionary authority granted in 36 CFR 1.5 and elsewhere in 
regulations. It is the policy of the NPS to review these provisions on 
a regular basis for possible addition to the general and special park 
regulations in part 13. The provisions in this final rule are additions 
or changes to individual park regulations in part 13, subparts H-W. 
Where these provisions have applicability to several or all Alaska

[[Page 3182]]

park areas, they generally are included as additions to part 13, 
subparts A-F.
    Most of the following regulations have resulted from the current 
review of compendium provisions. Additionally, several changes to the 
part 13 regulations unrelated to the compendium review are included as 
indicated. We are consolidating all routine changes in a single 
rulemaking document for administrative efficiency and the convenience 
of the public. Comments received and the corresponding NPS response are 
summarized below. Modifications to the proposed rule are listed under 
Changes to the Final Rule. As used within this document, the terms 
``we,'' ``our,'' and ``us'' refer to the National Park Service.

Summary of Comments

    The proposed rule was published for public comment on December 27, 
2006 (71 FR 77657), with the comment period lasting until February 26, 
2007. The National Park Service received 12 timely written responses. 
All of the responses were either separate letters or e-mail messages. 
Of the 12 written responses, one was from the State of Alaska, five 
were from non-governmental organizations (including one consolidated 
response from seven signatory groups), and six were submitted by 
individuals. Many proposed changes either received supporting comments 
or no comments. These sections are being adopted as proposed unless 
noted otherwise below. The proposed sections that did receive 
substantive comments are discussed below.

General Comments

    1. The NPS received two comments critical of the public notice 
provided for the proposed rule. One of the two also objected to the 
timing of the Federal Register notice during the holiday season, and 
the other said the 60-day comment period was too short.
    NPS Response: One of the commenters appears to have confused this 
rulemaking with another NPS initiative to prepare a users' guide for 
inholder access. This rulemaking does not change the current rules 
applicable to inholder access. Concerning the timing of public notice 
and the length of the comment period, publication in the Federal 
Register with a 60-day comment period is standard. In situations where 
the standard comment period appears insufficient, it can be extended. 
However, the number and range of comments received for this rulemaking 
indicates that the notice and comment period resulted in sufficient 
public involvement.

Section 13.1 Definitions

    2. The NPS received five comments opposing the removal of the 
definition for the term ``adequate and feasible'' from Part 13.
    NPS Response: The commenters opposing the removal of this phrase 
mistakenly believe that inclusion of the term in Part 13 has a 
substantive effect regarding access to inholdings in NPS areas. The 
term ``adequate and feasible'' is no longer used in the NPS Part 13 
regulations and, consequently, does not have any effect on managing 
access to inholdings. The Department of the Interior moved the 
regulations for access to inholdings from the NPS regulations to 
Departmental multi-agency regulations at 43 CFR 36.10 in 1986. A 
slightly revised definition for ``adequate and feasible'' was adopted 
by the Department at that time as 43 CFR 36.10(a)(1). It is this 
definition as used in the Departmental regulations that applies to 
access to inholdings in Alaska park areas. The NPS definition was 
inadvertently left in Part 13 in 1986 when the other regulations were 
removed. The current proposal to remove it from Part 13 is a 
nonsubstantive administrative correction of this omission.

Specific Comments

Section 13.485 Subsistence Use of Timber and Plant Material

    3. The NPS received six comments concerning this section. One 
commenter asserted that use of timber for a house should be a one-time-
only authorization. Two commenters, an individual and a corporation, 
supported the change to allow cutting dead timber for house logs. The 
individual's support was qualified by a need for NPS management 
oversight of harvest levels. Three commenters (a single comment plus a 
joint comment by two individuals) felt that deletion of the word 
``live'' in section (a) for cutting timber will create confusion 
concerning the section (b) allowance for gathering dead timber for 
firewood without a permit. Also, the joint comment suggested that the 
word change in section (b) suggests a possible intent to charge a fee 
or possibly to eliminate subsistence use of timber. As an alternative 
to deleting ``live'' in section (a), the joint comment proposed 
deleting ``for firewood'' in section (b) to achieve the same result. 
Finally, the joint comment urged retention of the definition of 
``temporarily'' and suggested that the proposed change in section (c) 
makes the section less clear and may be a pretext to permanent closure 
of some areas to subsistence use of timber. A residents' group 
commented that the proposed change in section (a) to read, ``Unless 
otherwise provided'', will cause section (b) to supersede section (a), 
while the proposed deletion of the word ``live'' in section (a) 
suggests that section (a) is intended to have some application to 
section (b) gathering of firewood. The group also stated that the 
proposed changes will cause confusion about the relationship between 
the general timber gathering provisions of section 13.35 and the 
proposed changes for subsistence in section 13.485. Finally, the 
residents' group opposed the broader management discretion proposed for 
temporary closures in section (c).
    NPS Response: The NPS does not agree that the cutting of timber for 
house logs should be limited to one-time use. Circumstances could arise 
where additional house logs would be needed. The current NPS timber 
cutting and gathering regulations and the proposed changes are focused 
on allowing customary and traditional use with an appropriate level of 
oversight to protect park unit purposes and values. NPS has no intent 
to eliminate or charge a fee for subsistence use of timber.
    We appreciate the concern regarding the distinction between section 
(a) timber cutting and section (b) timber gathering. While the 
suggestion to delete the firewood limitation in section (b) rather than 
``live'' in section (a) would achieve some of the same results, we 
believe the value of maintaining the current distinction between 
cutting and gathering is a more important consideration.
    The comment opposing the deletion of the definition of 
``temporarily'' in subsection (c) brought to light an unintended change 
to this section. The intended change was only to the introductory text 
of paragraph (c), not to paragraph (c)(1). The definition of 
``temporarily'' was not intended to be proposed for change and will be 
retained.
    The NPS does not intend to permanently close areas to subsistence 
use of timber and plant materials as suggested by several comments. The 
expanded description of circumstances in which temporary closures might 
be considered is intended to clarify the parameters of the management 
options in section (c). Modifying subsection (c) as proposed will allow 
managers additional flexibility to protect park unit resources while 
allowing subsistence uses of timber and plant material.
    Finally, we note that the proposed change in the introductory 
sentence of section (a), ``Unless otherwise provided

[[Page 3183]]

for in this section'', was intended as an administrative clarification 
that would not change the meaning of the sentence. It is now apparent, 
as suggested by several comments, that the proposal would change the 
meaning of the sentence. For that reason, this change will not be 
adopted and the original text, ``Notwithstanding any other provision of 
this part'', will remain unchanged.

Sections 13.1008, 13.1118, 13.1604, and 13.1912 Solid Waste Disposal

    4. The NPS received eight comments on this proposed change, seven 
of which were supportive. One commenter opposed allowing solid waste 
disposal sites to be located less than a mile from visitor campgrounds, 
centers, or similar sites. Two commenters requested the NPS clarify 
that landowners remain free to dispose of solid waste on private lands 
within the park. The State of Alaska suggested the exceptions be 
extended to all park units in Alaska.
    NPS Response: In many areas in Alaska, it would not be practical or 
possible to locate sites more than one mile from certain visitor 
facilities for environmental, economic, or other reasons. Therefore, 
the NPS is making a limited exception to this provision so long as it 
would not degrade park resources. Regarding disposal of solid waste on 
private property, landowners remain free to dispose of solid waste on 
their own private property within park boundaries in compliance with 
other State and Federal regulations. The NPS proposed this provision in 
part to provide an alternative to landowners disposing of waste on 
their property and combat unlawful dumping on park lands. The 
regulation was not extended to all park areas in Alaska because it is 
not anticipated to be necessary in the foreseeable future.

Sections 13.920, 13.1106, and 13.1206 Wildlife Distance Conditions

    5. The NPS received four comments on these provisions, of which two 
were critical. One comment called the conditions difficult to assess 
and enforce. The other comment recommended a 250-yard limit requirement 
rather than 50 yards.
    NPS Response: The NPS appreciates the comment regarding assessing 
and enforcing the distance requirements; however, these distance 
conditions are necessary to mitigate the impacts associated with human 
activity in close proximity to wildlife while accommodating park 
visitors in these park areas. With respect to the proposal on engaging 
in photography within 50 yards of a bear in Katmai, Aniakchak, and 
Alagnak, the NPS has determined that additional time is needed to 
consider this proposal and it has therefore been removed from this 
final rule.

Sections 13.1106 and 13.1310 Pets

    6. The NPS received one comment on the pet restrictions in Kenai 
Fjords and Glacier Bay. While generally supportive, the commenter 
recommended more areas for closure and, with respect to Kenai Fjords, 
that the closure be extended to year round.
    NPS Response: While the NPS appreciates the support for these 
provisions, the NPS does not believe further closures are necessary at 
this point to protect park resources.

Section 13.1109 Off-Road Vehicle Use in Glacier Bay National Preserve

    7. The NPS received one comment in support of the proposed 
regulation.
    NPS Response: The NPS appreciates the support. Significant 
expansion of the trail network and resource impacts have required that 
ORV use in Glacier Bay National Preserve be limited to designated 
locations. This restriction complies with the criteria in ANILCA 
section 205 and implementing regulations at 36 CFR 13.40(c). This 
regulation applies to individuals using ORVs for commercial fishing as 
well as for subsistence, recreation, and other purposes.

Section 13.1210 Firearms

    8. The NPS received one comment in support of this provision and 
further stating that firearms should be allowed in all Alaskan parks 
for personal protection from big game.
    NPS Response: The NPS appreciates the support for this provision. 
Expanding the authorization, however, to carry loaded firearms in the 
remaining Alaska park areas where it is prohibited is not currently 
warranted.

Section 13.1304 Harding Icefield Trail

    9. The NPS received one comment from the State of Alaska on this 
provision. The State questioned whether NPS really intended to make the 
closure year round, whereas the current compendium closure is only 
applicable in the summer.
    NPS Response: The NPS appreciates the comment. This oversight has 
been corrected.

Section 13.1324 Bicycles

    10. The NPS received one comment on bicycle use in Kenai Fjords. 
One commenter stated that the provision is not necessary because these 
areas are already closed to bicycle use.
    NPS Response: The NPS appreciates the confusion between the 
applicability of the NPS general regulations and Alaska-specific 
provisions. For this reason, the NPS is delineating specific areas 
within the Exit Glacier Developed Area where bicycles are allowed and 
where they are prohibited.

Section 13.1326 Snowmachines

    11. The NPS received one comment on the proposed snowmachine 
regulation for Kenai Fjords. While the commenter agreed with the end 
result of the provision, the commenter requested that the NPS clarify 
that the regulation does not infer that recreational snowmachining is 
authorized under ANILCA section 1110(a).
    NPS Response: We appreciate the confusion between the applicability 
of the NPS general regulations and NPS regulations specific to Alaska. 
Nationwide NPS regulations in 36 CFR part 2 prohibit the use of 
snowmachines except on designated routes and water surfaces that are 
used by motor vehicles or motorboats during other seasons. The 
regulations further direct that routes and water surfaces designated 
for snowmachine use be promulgated as special regulations. In Alaska, 
snowmachines are also allowed for traditional activities and for travel 
to and from villages and homesites under ANILCA section 1110(a). This 
provision does not address whether recreational snowmachining is or is 
not a traditional activity under section 1110(a) in Kenai Fjords. While 
recreational use of snowmachines is not a traditional activity in the 
former Mt. McKinley National Park pursuant to 36 CFR 13.950, this term 
has not been defined for Kenai Fjords. When other Alaska parks begin 
the process of identifying traditional activities, the NPS will look to 
the circumstances specific to each park area. To address public safety 
concerns and visitor conflicts in the Exit Glacier Developed Area 
(EGDA), the NPS is delineating specific areas within the EGDA where 
snowmachines may be operated and where they are prohibited.

Changes to the Final Rule

    Based on the preceding comments and responses, the NPS has made the 
following changes to the proposed rule language:
     Subpart P, 13.1304 Exit Glacier Developed Area. For 
clarity the NPS is reorganizing Sec.  13.1304. This change will make 
Subpart P easier to use by introducing new sections and eliminating the 
levels of subdivision in Sec.  13.1304.
     13.550, 13.604, and 13.1206 Wildlife Distance Conditions. 
The NPS

[[Page 3184]]

has decided to drop the requirement that individuals cease engaging in 
photography within 50 yards of a bear. The NPS is still considering 
this provision for future regulation, but needs more time to evaluate 
it.
     13.485 Subsistence Use of Timber and Plant Material. The 
proposed language ``Unless otherwise provided'' in paragraphs (a) and 
(c) has been changed back to ``Notwithstanding any other provision of 
this part.'' The NPS is also correcting an unintended change to 
subsection (c)(1). The proposed change was meant to be in the 
introductory text of paragraph (c) rather than replacing (c)(1).
     13.1109 Off-Road Vehicle Use in Glacier Bay National 
Preserve. The proposed regulation referred to this area as the Dry Bay 
area. Because this is not a defined term, it has been changed to 
Glacier Bay National Preserve. This change is not considered 
substantive as it is intended to refer to the same area, but only in a 
more exact way.
     13.1308 Harding Icefield Trail. The proposed language has 
been changed to limit the trailside camping closure from March 1 
through November 1, consistent with the 2007 compendium.
     13.1604 Solid Waste Disposal. Paragraph (c) was changed 
and paragraph (d) was added to be consistent with section 13.1912 
applicable to Wrangell-St. Elias National Park and Preserve.

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. A qualitative cost/benefit analysis was conducted to 
examine specific costs and benefits associated with the proposed rule. 
That analysis concludes that positive net benefits would be generated 
by each component of the proposed regulatory action, and hence by the 
regulatory action overall. Further, governmental processes in NPS-
administered areas in Alaska would be improved. Therefore, it is 
anticipated that economic efficiency would be improved by this proposed 
regulatory action.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. This is an 
agency-specific rule that will not interfere with other agencies or 
local government plans, policies, or controls. The proposals included 
with this rulemaking apply to areas managed by the National Park 
Service and do not conflict with other federal regulations. Several 
proposals are specifically intended to improve consistency between 
State and NPS areas. The review process used to develop the rulemaking 
proposals included consultation with the State of Alaska to seek views 
of appropriate officials and to provide consistency with state rules on 
adjacent lands as well as active participation where NPS is proposing 
variation from similar state regulations.
    (3) This rule does not alter the budgetary effects of entitlements, 
grants, user fees, or loan programs, or the rights and 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 implements existing legislative enactments, judicial 
interpretations, and regulatory provisions. It is not a completely new 
proposal, but rather a continuation of the rulemaking process begun in 
1980 to promulgate only those regulations necessary to interpret the 
law and to provide for the health and safety of the public and the 
environment. This process is intended to increase participation and 
cooperation in the evolution of NPS regulations for Alaska.

Regulatory Flexibility Act

    The Department of the Interior certifies that this rule will not 
have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.). 
The economic effects of this rule are local in nature and positive or 
negligible in scope. This rule either implements rules unrelated to 
business activity or makes permanent various temporary and emergency 
rules under which area businesses have been operating. This rule will 
have no effect or in some cases a salutary effect by eliminating year 
to year uncertainty for park visitors.
    A qualitative Regulatory Flexibility threshold analysis was 
conducted to examine potential impacts to small entities. The analysis 
concludes that, since no significant costs are anticipated for any 
component of the rule, significant economic impacts would not be 
imposed on a substantial number of small entities.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more. Expenses related to compliance with various provisions of this 
proposed rule are slight. No new user fees or charges are proposed. Any 
incidental costs from this rule would be small and generally would not 
be additional to those already associated with visiting park areas.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, federal, state, or local government 
agencies, or geographic regions. The provisions of this rule will 
generally continue existing rules and use patterns for the park areas 
in Alaska.
    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. The 
various provisions of this rule do not apply differently to U.S.-based 
enterprises and foreign-based enterprises.

Unfunded Mandates Reform Act

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501, 
et seq.):
    a. This rule will not ``significantly or uniquely'' affect small 
governments. A Small Government Agency Plan is not required. This rule 
is an agency-specific rule and imposes no other requirements on small 
governments. Several of the provisions are based on State of Alaska 
statutes. This consistency between the State of Alaska and the National 
Park Service is a benefit to visitors.
    b. This rule will not produce a Federal mandate of $100 million or 
greater in any year, i.e., it is not a ``significant regulatory 
action'' under the Unfunded Mandates Reform Act.

Takings (Executive Order 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. A takings implications assessment is 
not required because no taking of property will occur as a result of 
this final 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. The rule is limited in effect to federal lands 
and waters administered by the NPS and does not have a substantial

[[Page 3185]]

direct effect on state and local government in Alaska. The rule was 
initiated in part at the request of the State of Alaska and was 
developed in close consultation with the State of Alaska and, as such, 
promotes the principles of federalism.

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 under 
the Paperwork Reduction Act.

National Environmental Policy Act

    We have analyzed this rule in accordance with the criteria of the 
National Environmental Policy Act and 516 DM. This rule does not 
constitute a major Federal action significantly affecting the quality 
of the human environment. The rule has generally been determined to be 
categorically excluded from further NEPA analysis in accordance with 
Departmental Guidelines in 516 DM 6 (49 FR 21438), and NPS procedures 
in Reference Manual-12.3.4.A(8), and, other than as noted below, there 
are no applicable exceptions to categorical exclusions (516 DM 2, 
Appendix 2; RM-12.3.5). A categorical exclusion does not apply to the 
special regulation (Sec.  13.1109) designating off-road vehicle routes 
at Glacier Bay National Preserve, for which an environmental assessment 
has been prepared. The categorical exclusion and environmental 
assessment, are available at the Alaska Regional Office, 240 West 5th 
Avenue, Anchorage, Alaska, 99501, 907-644-3533 or can be viewed at 
http://parkplanning.nps.gov/projectHome.cfm?parkId=12&projectId=15909.

Government-to-Government Relationship With Tribes

    In accordance with Executive Order 13175 ``Consultation and 
Coordination with Indian Tribal Governments'' (65 FR 67249); the 
President's memorandum of April 29, 1994, ``Government-to-Government 
Relations with Native American Tribal Governments'' (59 FR 22951); the 
Department of the Interior-Alaska Policy on Government-to-Government 
Relations with Alaska Native Tribes dated January 18, 2001; part 512 of 
the Departmental Manual, Chapter 2 ``Departmental Responsibilities for 
Indian Trust Resources''; and various park consultation agreements with 
tribal governments, the potential effects on federally-recognized 
Indian tribes have been evaluated, and it has been determined that 
there are no potential effects.
    While the consultation agreements noted above have not resulted in 
findings of potential effects, review of this rule has been facilitated 
by the relationships established through government-to-government 
consultation.
    Drafting Information: The principal contributors to this rule are: 
Jim Ireland, Kenai Fjords National Park; Vic Knox, Jay Liggett, Chuck 
Passek, Jane Hendrick, Andee Sears and Paul Hunter, Alaska Regional 
Office; and Jerry Case, Regulations Program Manager, NPS, Washington, 
DC.

List of Subjects in 36 CFR Part 13

    Alaska, National Parks, Reporting and recordkeeping requirements.

0
In consideration of the foregoing, 36 CFR part 13 is amended as set 
forth below:

PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA

0
1. The authority citation for part 13 is revised to read as follows:

    Authority: 16 U.S.C. 1, 3, 462(k), 3101, et seq.; Subpart N also 
issued under 16 U.S.C. 1a-2(h), 20, 1361, 1531, 3197; Pub. L. 105-
277, 112 Stat. 2681-259, October 21, 1998; Pub. L. 106-31, 113 Stat. 
72, May 21, 1999; Sec. 13.1204 also issued under Sec. 1035, Pub. L. 
104-333, 110 Stat. 4240.


Sec.  13.1  [Amended]

0
2. Amend Sec.  13.1 as follows:
0
a. Remove the definition of ``adequate and feasible access''; and
0
b. In the definition of ``National Preserve,'' remove the term 
``Alagnak National Wild and Scenic River'' and add in its place the 
term ``Alagnak Wild River.''


Sec.  13.440  [Amended]

0
3. Amend Sec.  13.440 by removing paragraph (b) and redesignate 
paragraph (c) as (b).

0
4. Amend Sec.  13.485 by revising paragraph (a) and the introductory 
text of paragraph (c), to read as follows:


Sec.  13.485  Subsistence use of timber and plant material

    (a) Notwithstanding any other provision of this part, the non-
commercial cutting of standing timber by local rural residents for 
appropriate subsistence uses, such as firewood or house logs, may be 
permitted in park areas where subsistence uses are allowed as follows:
    (1) For standing timber of diameter greater than three inches at 
ground height, the Superintendent may permit cutting in accordance with 
the specifications of a permit if such cutting is determined to be 
compatible with the purposes for which the park area was established; 
and
    (2) For standing timber of diameter less than three inches at 
ground height, cutting is authorized unless restricted by the 
Superintendent.
* * * * *
    (c) Notwithstanding any other provision of this part, the 
Superintendent, after notice and public hearing in the affected 
vicinity and other locations as appropriate, may temporarily close all 
or any portion of a park area to subsistence uses of a particular plant 
population. The Superintendent may make a closure under this paragraph 
only if necessary for reasons of public safety, administration, 
resource protection, protection of historic or scientific values, 
conservation of endangered or threatened species, or the purposes for 
which the park area was established, or to ensure the continued 
viability of the plant population. For purposes of this section, the 
term ``temporarily'' shall mean only so long as reasonably necessary to 
achieve the purposes of the closure.
* * * * *

0
5. Add a new subpart H (consisting of Sec.  13.550) to read as follows:

Subpart H--Special Regulations--Alagnak Wild River


Sec.  13.550  Wildlife distance conditions

    (a) Approaching a bear or any large mammal within 50 yards is 
prohibited.
    (b) Continuing to occupy a position within 50 yards of a bear that 
is using a concentrated food source, including, but not limited to, 
animal carcasses, spawning salmon, and other feeding areas is 
prohibited.
    (c) Continuing to engage in fishing within 50 yards of a bear is 
prohibited.
    (d) The prohibitions in this section do not apply to persons--
    (1) Engaged in a legal hunt;
    (2) On a designated bear viewing structure;
    (3) In compliance with a written protocol approved by the 
Superintendent; or
    (4) Who are otherwise directed by a park employee.

0
6. Amend Sec.  13.604 by redesignating paragraph (c) as paragraph (d) 
and adding new paragraph (c) to read as follows:

[[Page 3186]]

Sec.  13.604  Wildlife distance conditions

* * * * *
    (c) Continuing to engage in fishing within 50 yards of a bear is 
prohibited.
* * * * *

0
7. Add Sec. Sec.  13.918 and 13.920 in subpart L to read as follows:


Sec.  13.918  Sable Pass Wildlife Viewing Area

    (a) Entry into the Sable Pass Wildlife Viewing Area is prohibited 
from May 1 to September 30 unless authorized by the Superintendent.
    (b) The Sable Pass Wildlife Viewing Area means the area within one 
mile of the shoulder of the Park Road between Mile 38.2 and Mile 42.8, 
excluding the Tattler Creek drainage. A map showing the specific 
boundaries of the closure is available for inspection at the park 
visitor center.


Sec.  13.920  Wildlife distance conditions

    (a) Bears. The following are prohibited:
    (1) Approaching within 300 yards of a bear; or
    (2) Engaging in photography within 300 yards of a bear.
    (b) Other wildlife. The following are prohibited:
    (1) Approaching within 25 yards of a moose, caribou, Dall sheep, 
wolf, an active raptor nest, or occupied den site; or
    (2) Engaging in photography within 25 yards of a moose, caribou, 
Dall sheep, wolf, an active raptor nest, or occupied den site.
    (c) Prohibitions. The prohibitions in this section do not apply to 
persons--
    (1) Within a motor vehicle or a hard sided building;
    (2) Within 2 yards of their motor vehicle or entrance to a hard 
sided building that is 25 yards or more from a bear;
    (3) Engaged in legal hunting or trapping activities;
    (4) In compliance with a written protocol approved by the 
Superintendent;
    (5) Who are otherwise directed by a park employee; or
    (6) In accordance with a permit from the Superintendent.

0
8. Add Sec.  13.1008 in subpart M to read as follows:


Sec.  13.1008  Solid waste disposal.

    (a) A solid waste disposal site may accept non-National Park 
Service solid waste generated within the boundaries of the park area.
    (b) A solid waste disposal site may be located within one mile of 
facilities as defined by this part so long as it does not degrade 
natural or cultural resources of the park area.

0
9. Add Sec.  13.1106 to read as follows:


Sec.  13.1106  Pets.

    Pets are prohibited except--
    (a) On the Bartlett Cove Public Use Dock;
    (b) On the beach between the Bartlett Cove Public Use Dock and the 
National Park Service Administrative Dock;
    (c) Within 100 feet of Bartlett Cove Developed Area park roads or 
parking areas unless otherwise posted;
    (d) On a vessel on the water; or
    (e) Within Glacier Bay National Preserve.

0
10. Add Sec.  13.1108 to read as follows:


Sec.  13.1108  Alsek Corridor.

    (a) A permit is required to enter the Alsek Corridor. A map showing 
the boundaries of the Alsek Corridor is available from the park visitor 
center. Failure to obtain a permit is prohibited.
    (b) Group size is limited to 15 persons except that specific 
concession permit holders are limited to 25 persons.
    (c) Camping is prohibited for more than one night each at Walker 
Glacier, Alsek Spit and Gateway Knob plus one additional night at any 
one of these three locations. Camping is prohibited for more than four 
nights total among the three locations.
    (d) Except at Glacier Bay National Preserve, campfires must be 
lighted and maintained inside a fire pan within \1/2\ mile of the Alsek 
River.
    (e) Disposal of solid human body waste within the Alsek Corridor is 
prohibited. This waste must be carried to and disposed of at the NPS--
designated facility.

0
11. Add Sec.  13.1109 to read as follows:


Sec.  13.1109  Off-road vehicle use in Glacier Bay National Preserve.

    The use of off-road vehicles is authorized only on designated 
routes and areas in Glacier Bay National Preserve. The use of off-road 
vehicles in all other areas in Glacier Bay National Preserve is 
prohibited. A map of designated routes and areas is available at park 
headquarters.

0
12. Add Sec.  13.1118 to read as follows:


Sec.  13.1118  Solid waste disposal.

    (a) A solid waste disposal site may accept non-National Park 
Service solid waste generated within the boundaries of the park area.
    (b) A solid waste disposal site may be located within one mile of 
facilities as defined by this part so long as it does not degrade 
natural or cultural resources of the park area.

0
13. Amend Sec.  13.1206 by redesignating paragraph (c) as paragraph (d) 
and adding a new paragraph (c) to read as follows:


Sec.  13.1206  Wildlife distance conditions.

    (c) Continuing to engage in fishing within 50 yards of a bear is 
prohibited.
* * * * *

0
14. Add Sec.  13.1210 to read as follows:


Sec.  13.1210  Firearms.

    The superintendent may designate areas or routes within Katmai 
National Park where a firearm may be carried.
* * * * *

0
15. Revise subpart P to read as follows:

Subpart P--Special Regulations--Kenai Fjords National Park

General Provisions

Sec.
13.1302 Subsistence.
13.1304 Ice fall hazard zones.
13.1306 Public use cabins.
13.1308 Harding Icefield Trail.
13.1310 Pets.
13.1312 Climbing and walking on Exit Glacier.
13.1316 Commercial transport of passengers by motor vehicles.

Exit Glacier Development Area (EGDA)

13.1318 Location of the EGDA.
13.1320 Camping.
13.1322 Food storage.
13.1324 Bicycles.
13.1326 Snowmachines.
13.1328 EGDA closures and restrictions.

General Provisions


Sec.  13.1302  Subsistence.

    Subsistence uses are prohibited in, and the provisions of Subpart F 
of this part shall not apply to, Kenai Fjords National Park.


Sec.  13.1304  Ice fall hazard zones.

    Entering an ice fall hazard zone is prohibited. These zones will be 
designated with signs, fences, rope barriers, or similar devices.


Sec.  13.1306  Public use cabins.

    (a) Camping within 500 feet of the North Arm or Holgate public use 
cabin is prohibited except by the cabin permit holder on a designated 
tent site, or as otherwise authorized by the Superintendent.
    (b) Camping within the 5-acre NPS-leased parcel surrounding the 
Aialik public use cabin is prohibited except by the cabin permit holder 
on a designated tent site, or as otherwise authorized by the 
Superintendent.
    (c) Lighting or maintaining a fire within 500 feet of the North Arm 
or Holgate public use cabins is prohibited except by the cabin permit 
holder in NPS established receptacles, or as otherwise authorized by 
the Superintendent.

[[Page 3187]]

Sec.  13.1308  Harding Icefield Trail.

    The Harding Icefield Trail from the junction with the main paved 
trail near Exit Glacier to the emergency hut near the terminus is 
closed to--
    (a) Camping within \1/8\ mile of the trail from March 1 through 
November 1; and
    (b) Bicycles or other wheeled devices.


Sec.  13.1310  Pets.

    (a) Pets are prohibited--
    (1) In the Exit Glacier Developed Area except in the parking lot, 
on the Exit Glacier road, or other areas designated by the 
superintendent;
    (2) Along the coast within the area extending from the mean high 
tide line to one quarter mile inland after May 30 and before November 
1.
    (b) The restrictions in this section do not apply to dogs when 
sufficient snow exists for skiing or dog sled use and the dogs are 
restrained as part of a sled dog team or for the purposes of skijoring.


Sec.  13.1312  Climbing and walking on Exit Glacier.

    Except for areas designated by the Superintendent, climbing or 
walking on, in, or under Exit Glacier is prohibited within \1/2\ mile 
of the glacial terminus from May 1 through October 31, and during other 
periods as determined by the Superintendent. Restrictions and 
exceptions will be available for inspection at the park visitor center, 
on bulletin boards or signs, or by other appropriate means.


Sec.  13.1316  Commercial transport of passengers by motor vehicles.

    Commercial transport of passengers by motor vehicles on Exit 
Glacier Road is allowed without a written permit. However, if required 
to protect public health and safety or park resources, or to provide 
for the equitable use of park facilities, the Superintendent may 
establish a permit requirement with appropriate terms and conditions 
for the transport of passengers. Failure to comply with permit terms 
and conditions is prohibited.

Exit Glacier Developed Area (EGDA)


Sec.  13.1318  Location of the EGDA.

    (a) A map showing the boundaries of the EGDA is available at the 
park visitor center.
    (b) For the purpose of this subpart, the EGDA means:
    (1) From the park boundary to Exit Glacier Campground Entrance 
Road, all park areas within 350 meters (383 yards) of the centerline of 
the Exit Glacier Road;
    (2) From Exit Glacier Campground Entrance Road to the end of the 
main paved trail, all park areas within 500 meters (546 yards) of any 
paved surface; or
    (3) All park areas within 300 meters (328 yards) of the terminus of 
Exit Glacier.


Sec.  13.1320  Camping.

    Within the EGDA, camping is prohibited except in designated sites 
within the Exit Glacier Campground, or as authorized by the 
Superintendent.


Sec.  13.1322  Food storage.

    Cooking, consuming, storing or preparing food in the Exit Glacier 
Campground is prohibited except in designated areas.


Sec.  13.1324  Bicycles.

    Within the EGDA, the use of a bicycle is prohibited except on the 
Exit Glacier Road and parking areas.


Sec.  13.1326  Snowmachines.

    The use of snowmachines is prohibited within the EGDA, except--
    (a) On Exit Glacier Road;
    (b) In parking areas;
    (c) On a designated route through the Exit Glacier Campground to 
Exit Creek;
    (d) Within Exit Creek; and
    (e) For NPS administrative activities.


Sec.  13.1328  EGDA closures and restrictions.

    The Superintendent may prohibit or otherwise restrict activities in 
the EGDA to protect public health, safety, or park resources, or to 
provide for the equitable and orderly use of park facilities. 
Information on closures and restrictions will be available at the park 
visitor information center. Violating closures or restrictions is 
prohibited.

Subpart S--[Amended]

0
16. Add Sec.  13.1604 to subpart S to read as follows:


Sec.  13.1604  Solid waste disposal.

    (a) A solid waste disposal site may accept non-National Park 
Service solid waste generated within the boundaries of the park area.
    (b) A solid waste disposal site may be located within one mile of 
facilities as defined by this part so long as it does not degrade 
natural or cultural resources of the park area.
    (c) A transfer station located wholly on nonfederal lands within 
Lake Clark National Park and Preserve may be operated without the 
permit required by Sec. Sec.  6.4(b) and 6.9(a) only if:
    (1) The solid waste is generated within the boundaries of the park 
area;
    (2) The Regional Director determines that the operation will not 
degrade any of the natural or cultural resources of the park area; and
    (3) The transfer station complies with the provisions of part 6 of 
this chapter.
    (d) For purposes of this section, a transfer station means a public 
use facility for the deposit and temporary storage of solid waste, 
excluding a facility for the storage of a regulated hazardous waste.

Subpart V--[Amended]

0
17. Add Sec.  13.1912 to subpart V to read as follows:


Sec.  13.1912  Solid waste disposal.

    (a) A solid waste disposal site may accept non-National Park 
Service solid waste generated within the boundaries of the park area.
    (b) A solid waste disposal site may be located within one mile of 
facilities as defined by this part so long as it does not degrade 
natural or cultural resources of the park area.
    (c) A transfer station located wholly on nonfederal lands within 
Wrangell-St. Elias National Park and Preserve may be operated without 
the permit required by Sec. Sec.  6.4(b) and 6.9(a) only if:
    (1) The solid waste is generated within the boundaries of the park 
area;
    (2) The Regional Director determines that the operation will not 
degrade any of the natural or cultural resources of the park area; and
    (3) The transfer station complies with the provisions of part 6 of 
this chapter.
    (d) For purposes of this section, a transfer station means a public 
use facility for the deposit and temporary storage of solid waste, 
excluding a facility for the storage of a regulated hazardous waste.

    Dated: December 17, 2007.
Lyle Laverty,
Assistant Secretary, Fish and Wildlife and Parks.
[FR Doc. E8-748 Filed 1-16-08; 8:45 am]
BILLING CODE 4310-EF-P