[Federal Register Volume 85, Number 216 (Friday, November 6, 2020)]
[Proposed Rules]
[Pages 71017-71020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24545]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-PIRO-29724; PPMWPIRON0 PPMRSNR1Z.Y00000 200P103601]
RIN 1024-AE53


Pictured Rocks National Lakeshore; Snowmobiles

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service proposes to amend its special 
regulations for Pictured Rocks National Lakeshore to clarify where 
snowmobiles may be used within the boundaries of the Lakeshore by 
naming several snowmobile routes that are not currently identified. The 
proposed rule would replace general language allowing snowmobiles on 
unplowed roads and the shoulders of plowed roads with a comprehensive 
list of designated snowmobile routes. The proposed changes would 
provide greater certainty to the public by removing ambiguity in the 
current regulations about where snowmobiles are allowed. The use of 
snowmobiles within areas of the National Park System is prohibited 
except on routes and water surfaces designated by special regulation.

DATES: Comments must be received by January 5, 2021.

ADDRESSES: You may submit comments, identified by Regulation Identifier 
Number (RIN) 1024-AE53, by either of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the instructions for submitting comments.
     Mail or Hand Deliver to: N8391 Sand Point Road, P.O. Box 
40, Munising, Michigan 49862-0040.
    Instructions: Comments will not be accepted by fax, email, or in 
any way other than those specified above. All submissions received must 
include the words ``National Park Service'' or ``NPS'' and must include 
the docket number or RIN (1024-AE53) for this rulemaking. Comments 
received may be posted without change to www.regulations.gov, including 
any personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: David Horne, Superintendent, Pictured 
Rocks National Lakeshore, (906) 387-2607 ext 1202, [email protected].

SUPPLEMENTARY INFORMATION:

Background

Significance of the Lakeshore

    Colorful sandstone cliffs tower 50 to 200 feet above the vast and 
glistening fresh water of Lake Superior. Deep shoreline forests open 
onto sparking inland lakes, gurgling streams, and waterfalls. Sand 
dunes perch atop miles of high sand bluffs and unspoiled beaches. 
Beaver-chewed tree stumps, a raven's nest balanced high on a rocky 
ledge, and cloven deer tracks imprinted in the mud hint at the 
abundance of wildlife that inhabit the beautiful and diverse landscape. 
These features create the spectacular setting that is Pictured Rocks 
National Lakeshore. Congress established this location as the country's 
first national lakeshore in 1966 to preserve the shoreline, cliffs, 
beaches, and dunes, and to provide an extraordinary place for 
recreation and discovery. Little more than 6 miles across at its widest 
point, the Lakeshore hugs Lake Superior's shoreline for nearly 40 
miles. The Lakeshore consists of two zones: The Lakeshore Zone, federal 
land managed by the National Park Service (NPS); and the Inland Buffer 
Zone, a mixture of federal, state, and private land. Together these 
zones encompass nearly 73,000 acres of protected land and water that 
stretch from Munising to Grand Marais, Michigan. Attractions at the 
Lakeshore include a lighthouse and former Coast Guard 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.

[[Page 71018]]

NPS Management Authority Over Snowmobile Use

    The NPS manages the Lakeshore under the NPS Organic Act (54 U.S.C. 
100101 et seq.), which gives the NPS broad authority to regulate the 
use of the lands and waters under its jurisdiction. The Organic Act 
authorizes the Secretary of the Interior, acting through the NPS, to 
``make and publish such regulations the Secretary considers necessary 
or proper for the use and management of [National Park] System units.'' 
In the Lakeshore's enabling act, Congress directed the Secretary of the 
Interior, acting through the NPS, to preserve the Lakeshore for the 
benefit, inspiration, education, recreational use, and enjoyment of the 
public. 16 U.S.C. 460s.
    Executive Order 11644, ``Use of Off-Road Vehicles on the Public 
Lands,'' issued in 1972 and amended by Executive Order 11989 in 1977, 
requires federal agencies to issue regulations for the designation of 
specific areas and routes on public lands where off-road vehicles, 
including snowmobiles, may be used. The NPS implemented the Executive 
Order as it relates to snowmobiles in 36 CFR 2.18. Under 36 CFR 
2.18(c), the use of snowmobiles is prohibited, except on designated 
routes and water surfaces used by motor vehicles or motorboats during 
other seasons. These routes and water surfaces must be designated by 
special regulation and only when their use is consistent with the 
park's natural, cultural, scenic and aesthetic values; safety 
considerations; and park management objectives; and will not disturb 
wildlife or damage park resources.

Executive and Secretarial Priorities

    On February 24, 2017, President Trump issued Executive Order 13777, 
``Enforcing the Regulatory Reform Agenda.'' This Executive Order 
established a regulatory reform initiative to alleviate unnecessary 
regulatory burdens placed on the American people. As part of the 
Department of the Interior's approach for implementing this initiative, 
the NPS is reviewing its regulations in order to identify those that 
should be repealed, replaced, or modified. These include regulations 
that are outdated or unnecessary. The NPS has identified the special 
regulations for the Lakshore relating to snowmobiles as appropriate for 
modification under Executive Order 13771 for the reasons explained 
below.
    On April 18, 2018, the Secretary of the Interior signed Secretary 
Order 3366, ``Increasing Recreational Opportunities on Lands and Waters 
Managed by the U.S. Department of the Interior.'' This Order directed 
all Department bureaus, including the NPS, to review their regulations 
in order to increase existing recreational opportunites. The NPS 
expects the proposed rule to make the public aware of recreational 
opportunities at the Lakeshore by naming several snowmobile routes in 
the special regulation that are not currently identified.

Management of Snowmobiles at the Lakeshore

    Snowmobiling is a popular activity in and around the Lakeshore. In 
the winter, a number of unplowed roads lead to major points of 
interest, particularly the rock formations at Miners Castle and the 
tall dunes at Log Slide. Existing special regulations for the Lakeshore 
at 36 CFR 7.32 allow snowmobiles on the frozen waters of Lake Superior 
and Grand Sable Lake. They also state that snowmobiles are allowed on 
the major visitor use roads that are unplowed, or on road shoulders of 
plowed roads. Snowmobiles are prohibited elsewhere in the Lakeshore, 
including cross-country travel and travel on non-motorized trails. 
After this general statement about where snowmobiles are allowed in the 
Lakeshore, the special regulations list nine ``designated snowmobile 
routes'' that are roads used by motor vehicles during other seasons.
    In 2018, the NPS met with the Alger Road County Commission about 
rerouting a snowmobile route from an unplowed, paved county road 
(County Highway H-58) to an unplowed, scenic dirt road, part of which 
runs through the Lakeshore. During this meeting, the NPS recognized 
that although there is a general designation in the special regulations 
allowing snowmobiles on all unplowed roads within the Lakeshore, the 
rerouted trail was not on the list of designated snowmobile routes. 
This led to a discussion about whether the special regulations for the 
Lakeshore could be revised, consistent with the purposes of Executive 
Order 13771 and Secretary`s Order 3366, to identify, for the benefit of 
the public, each route within the Lakeshore where snowmobiles are 
allowed. This would remove ambiguity in the existing regulations about 
whether snowmobiles are allowed on unplowed roads or the shoulders of 
plowed roads that are not identified in the list of ``designated 
snowmobile routes.'' This would also bring the special regulations for 
the Lakeshore into full compliance with 36 CFR 2.18, which requires 
that snowmobiles routes be promulgated as special regulations. 
Clarifying where snowmobiles are allowed would have the added benefit 
of making it easier for NPS law enforcement officers to enforce the 
prohibition of snowmobile use off designated routes. This will help the 
NPS meet its statutory mandates to preserve the resources of the 
Lakeshore.

Proposed Rule

    This proposed rule would revise the special regulations for the 
Lakeshore at 36 CFR 7.32 to identify all routes and water surfaces 
within the Lakeshore where snowmobiles may be used. Some of these 
routes are already identified in the special regulations in paragraphs 
(a)(1)(i)-(ix) and would remain as designated routes. Other routes are 
not identified in the special regulations and would be added in 
paragraphs (a)(1)(x)-(xv). All designated routes would be roads used by 
motor vehicles during other seasons. If a route is plowed, the proposed 
rule would limit snowmobiles to road shoulders consistent with existing 
regulations. The proposed rule would continue to identify the frozen 
waters of Lake Superior and Grand Sable Lake as open to snowmobiles 
under redesignated paragraph (a)(1)(xvi). These waters are open to 
motorboats during other seasons.
    The proposed rule would remove the general designation of all 
unplowed roads and shoulders of plowed roads to make it clear that if a 
location is not on the list of designated routes and water surfaces, 
snowmobiles are prohibited. The NPS does not expect these changes to 
affect visitor use patterns within the Lakeshore because the NPS 
already allows snowmobiles on the unplowed roads and shoulders of 
plowed roads consistent with the general designation in the special 
regulations. The public may become aware of legal snowmobile routes 
that are not listed in the existing special regulations which could 
lead to increased recreation and access. On the other hand, the public 
may become aware that snowmobiles are not allowed in locations where 
before it had been unclear. The NPS expects these circumstances to be 
exceptional and not notable consequences of the proposed rule. The goal 
of the proposed changes is to provide the public with simple and easy-
to-understand rules about snowmobile use that minimize the potential 
for uncertainty.
    The proposed rule also would state that the Superintendent may open 
or close designated routes and water surfaces, or portions thereof, to 
snowmobile travel after taking into consideration the location of 
wintering wildlife, appropriate snow cover, public

[[Page 71019]]

safety, and other factors. The proposed rule would require the 
Superintendent to notify the public of any such actions using one or 
more of the methods in 36 CFR 1.7(a).
    Finally, the proposed rule would make minor changes to the 
descriptions of three routes that are already designated in the special 
regulations. In paragraph (a)(1)(v), the proposed rule would fix a typo 
by replacing the term ``Country Road'' with the term ``County Road.'' 
In paragraphs (a)(1)(viii) and (a)(1)(ix), the proposed rule would 
clarify that the designated roads no longer go directly to the Log 
Slide, and instead terminate at the Log Slide parking area.

Compliance With Other Laws, Executive Orders and Department Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget will review 
all significant rules. The Office of Information and Regulatory Affairs 
has waived review of this proposed rule and, at the final rule stage, 
will make a separate decision as to whether the rule is a significant 
regulatory action as defined by Executive Order 12866.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. The executive order directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563 
emphasizes further that regulations must be based on the best available 
science and that the rulemaking process must allow for public 
participation and an open exchange of ideas. We have developed this 
proposed rule in a manner consistent with these requirements.

Reducing Regulation and Controlling Regulatory Costs (Executive Order 
13771)

    This proposed rule is not an Executive Order 13771 regulatory 
action because this proposed rule is not significant under Executive 
Order 12866.

Regulatory Flexibility Act

    The proposed rule would modify special regulations for the 
Lakeshore to designate snowmobile routes on roads and water surfaces 
that are used by motor vehicles or motorboats during other seasons. For 
the reasons explained above, the proposed rule is administrative in 
nature and not expected to change visitor use patterns at the Lakeshore 
because the NPS would not be allowing any new uses. The costs and 
benefits of a regulatory action are measured with respect to its 
existing baseline conditions. No changes are anticipated compared to 
baseline conditions because this regulatory action is administrative in 
nature with the intent to clarify existing regulations. In addition, 
this action will not impose restrictions on local businesses in the 
form of fees, training, record keeping, or other measures that would 
increase costs. Given those findings, this proposed regulatory action 
will not impose a significant economic impact on a substantial number 
of small entities.

Small Business Regulatory Enforcement Fairness Act

    This proposed 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 proposed rule would not impose an unfunded mandate on State, 
local, or tribal governments or the private sector of more than $100 
million per year. The proposed rule would not have a significant or 
unique effect on State, local or tribal governments or the private 
sector. It addresses public use of national park lands, and imposes no 
requirements on other agencies or governments. A statement containing 
the information required by the Unfunded Mandates Reform Act (2 U.S.C. 
1531 et seq.) is not required.

Takings (Executive Order 12630)

    This proposed rule would not effect a taking of private property or 
otherwise have takings implications under Executive Order 12630. A 
takings implication assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, the 
proposed rule would not have sufficient federalism implications to 
warrant the preparation of a federalism summary impact statement. This 
proposed rule only affects use of federally-administered lands and 
waters. It has no outside effects on other areas. A federalism summary 
impact statement is not required.

Civil Justice Reform (Executive Order 12988)

    This proposed rule complies with the requirements of Executive 
Order 12988. This proposed rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Consultation With Indian Tribes (Executive Order 13175 and Department 
Policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian tribes and recognition of their 
right to self-governance and tribal sovereignty. We have evaluated this 
proposed rule under the criteria in Executive Order 13175 and under the 
Department's tribal consultation policy and have determined that tribal 
consultation is not required because the proposed rule will have no 
substantial direct effect on federally recognized Indian tribes.

Paperwork Reduction Act

    This proposed rule does not contain information collection 
requirements, and a submission to the Office of Management and Budget 
under the Paperwork Reduction Act is not required. We may not conduct 
or sponsor and you are not required to respond to a collection of 
information unless it displays a currently valid OMB control number.

National Environmental Policy Act

    This proposed rule does not constitute a major federal action 
significantly affecting the quality of the human environment. A 
detailed statement under the National Environmental Policy Act of 1969

[[Page 71020]]

(NEPA) is not required because the proposed rule is covered by a 
categorical exclusion. The NPS has determined the proposed rule is 
categorically excluded under NPS NEPA Handbook 2015 Section 3.3(A)(8) 
because this proposed rule revises existing regulations for the 
Lakeshore in a manner that would not (i) increase public use to the 
extent of compromising the nature and character of the area or causing 
physical damage to it; (ii) introduce noncompatible uses that might 
compromise the nature and characteristics of the area or cause physical 
damage to it; (iii) conflict with adjacent ownerships or land uses; or 
(iv) cause a nuisance to adjacent owners or occupants. The NPS has also 
determined that the proposed rule does not involve any of the 
extraordinary circumstances listed in 43 CFR 46.215 that would require 
further analysis under NEPA.

Effects on the Energy Supply (Executive Order 13211)

    This proposed rule is not a significant energy action under the 
definition in Executive Order 13211. A Statement of Energy Effects is 
not required.

Clarity of This Rule

    We are required by Executive Orders 12866 (section 1(b)(12)) and 
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use common, everyday words and clear language rather than 
jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that you find unclear, which sections or sentences are 
too long, the sections where you feel lists or tables would be useful, 
etc.

Public Participation

    It is the policy of the Department of the Interior, whenever 
practicable, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons may submit written 
comments regarding this proposed rule by one of the methods listed in 
the ADDRESSES section of this document.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

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

0
1. The authority for part 7 continues to read as follows:

    Authority: 54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also 
issued under D.C. Code 10-137 and D.C. Code 50-2201.07.

0
2. Amend Sec.  7.32 by:
0
a. Revising the introductory text of paragraph (a)(1).
0
b. Revising paragraphs (a)(1)(v), (a)(1)(viii), and (a)(1)(ix).
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c. Redesignating paragraph (a)(1)(x) as paragraph (a)(1)(xvi).
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d. Adding paragraphs (a)(1)(x) through (a)(1)(xv).
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e. Revising newly redesignated paragraph (a)(1)(xvi).
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f. Revising paragraph (a)(3).
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g. Adding paragraph (a)(4).
    The revisions and additions to read as follows:


Sec.  7.32  Pictured Rocks National Lakeshore.

    (a) * * *
    (1) Snowmobiles are allowed on the following routes and water 
surfaces within Pictured Rocks National Lakeshore:
* * * * *
    (v) The road from County Road H-58 at the park boundary to the 
Little Beaver Lake Campground.
* * * * *
    (viii) The road from County Road H-58 to the Log Slide parking 
area.
    (ix) The section of Michigan Dimension Road from the park boundary 
to the Log Slide parking area.
    (x) The South Grand Sable Lake Road, starting at Towes Creek (T49N, 
R14W, Sections 14 and 23), heading south in and out of the fee zone 
area.
    (xi) Portions of County Road H-58 that are within park boundaries 
between Twelvemile Beach and Log Slide scenic overlook (T49N, R15W, 
Sections 9, 10, 11, 13, 14, and 16 and T49, 14W, Section 18).
    (xii) Portions of County Road H-58 that are within park boundaries 
between Log Slide Scenic Overlook and the Grand Sable Visitor Center 
(T49N, R14W, Sections 10, 11, 15, 16, and 17).
    (xiii) County Road H-58 between Grand Sable Visitor Center to the 
eastern extent of the park boundary (T49N, R14W, Sections 1, 11, and 
12).
    (xiv) Portions of Lowder Road that are within park boundaries from 
M77 to Grand Sable Lake Boat Ramp (T48N, R16W, Sections 21 and 29).
    (xv) Portions of Beaver Basin Overlook Road from County Road H-58 
to the Beaver Basin Overlook (T49N, R14W, Sections 11, and 12).
    (xvi) The frozen water surfaces of Lake Superior and Grand Sable 
Lake.
* * * * *
    (3) Snowmobile use outside designated routes and frozen water 
surfaces is prohibited. Snowmobiles are restricted to the road 
shoulders of routes that are plowed. The prohibitions in this paragraph 
do not apply to emergency administrative travel by employees of the 
National Park Service or law enforcement agencies.
    (4) The Superintendent may open or close these routes and water 
surfaces, or portions thereof, to snowmobile travel after taking into 
consideration the location of wintering wildlife, appropriate snow 
cover, public safety, and other factors. The Superintendent will 
provide notice of such opening or closing by one or more of the methods 
listed in Sec.  1.7(a) of this chapter.

George Wallace,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2020-24545 Filed 11-5-20; 8:45 am]
BILLING CODE 4312-52-P