[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Proposed Rules]
[Pages 3903-3906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00312]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-GUIS-28979; PPMPSAS1Z.YP0000]
RIN 1024-AE55
Gulf Islands National Seashore; Personal Watercraft
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The National Park Service proposes to revise special
regulations governing the use of personal watercraft at Gulf Islands
National Seashore. The proposed rule would reduce the distance of flat
wake speed zones from certain shorelines and codify existing closures
at West Petit Bois Island and the Fort Pickens ferry pier.
DATES: Comments on the proposed rule must be received by 11:59 p.m. EST
on March 16, 2021.
ADDRESSES: You may submit comments, identified by Regulation Identifier
Number (RIN) 1024-AE55, by either of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal:
www.regulations.gov. Follow the instructions for submitting comments.
(2) By hard copy: Mail or hand deliver to: Superintendent, 1801
Gulf Breeze Parkway, Gulf Breeze, FL 32563.
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 RIN 1024-AE55 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 and search for ``1024-
AE55''.
FOR FURTHER INFORMATION CONTACT: Daniel R. Brown, Superintendent, Gulf
Islands National Seashore, [email protected], (850) 934-2613.
SUPPLEMENTARY INFORMATION:
Background
Gulf Islands National Seashore (the Seashore) encompasses the
longest stretch of federally protected seashore in the United States.
The Seashore includes seven barrier islands that span nearly 160 miles,
coastal mainland, and adjacent waters in the northeastern part of the
Gulf of Mexico. The Seashore comprises 139,175 acres within Mississippi
and Florida, 4,630 acres of which (consisting of Horn and Petit Bois
Islands) are designated wilderness. The resources of the Seashore vary
widely, including marine, bayou, salt marsh, live oak, and southern
magnolia forests.
Congress established the Seashore in 1971 in order to preserve for
public use and enjoyment areas possessing outstanding natural,
historic, and recreational values. 16 U.S.C. 459h(a). The National Park
Service (NPS) administers the Seashore as a unit of the National Park
System and has the authority to regulate the use of and management of
the Seashore as it considers necessary or proper. 54 U.S.C. 100751(a).
This includes the authority to regulate boating and other activities on
water located within NPS units that is subject to the jurisdiction of
the United States. 54 U.S.C. 100751(b).
The Seashore is one of the most heavily visited units in the
National Park System. The Seashore attracts several million visitors
from throughout the nation, who come to enjoy the beach and cultural
and historic features. More than 80% of the Seashore is marine habitat
and accessible only by boat or other watercraft. Many visitors use
personal watercraft (PWC) to access and enjoy the Seashore.
Compliance and PWC Regulations
NPS general regulation 36 CFR 3.9 states that PWC may be used only
where authorized by special regulation and that special regulations
authorizing PWC use may be promulgated only for the 21 NPS units that
are identified in that regulation, including the Seashore. In 2006, the
NPS promulgated special regulations to manage the use of PWC at the
Seashore. 71 FR 26244 (May 4, 2006). These regulations, which are found
at 36 CFR 7.12, establish where PWC may be used, how they may be
operated, and where they may be landed. Among other things, they permit
PWC use in all waters of the Seashore where other motorized vessels are
allowed.
In 2008, Bluewater Network and other environmental groups filed a
lawsuit claiming that the Environmental Assessment (EA) supporting the
special regulations was inadequate and violated the National
Environmental Policy Act, the NPS Organic Act, and the Administrative
Procedure Act. In 2010, the U.S. District Court for the District of
Columbia held that the impact analysis in the EA was inadequate and
remanded the EA to the NPS. Bluewater Network v. Salazar, 721 F.
Supp.2d 7 (D.D.C. 2010). However, the court did not vacate the special
regulations, which have continued to govern the use of PWC within the
Seashore.
In June 2019, consistent with the court's decision, the NPS
completed a Final Personal Watercraft Plan/Environmental Impact
Statement (FEIS) that contains a more comprehensive analysis of the
impacts of PWC use within the Seashore. The Record of Decision (ROD)
for this project was originally approved by the NPS Regional Director
of Interior Region 2 on August 13, 2019. Since that time, NPS revised
the selected alternative to remove a prohibition on PWC landing below
the mean high tide on Horn and Petit Bois Islands. On December 17,
2020, the Acting Regional Director signed an amended ROD with the PWC
landing prohibition removed but all other elements of the original
selected action retained. The NPS believes the selected alternative
will continue to protect natural and cultural resources at the
Seashore, minimize conflicts between various users, and promote visitor
safety while allowing for a variety of recreational experiences. A copy
of the FEIS, ROD, and amended ROD which contain a full description of
the purpose and need for taking action, the alternatives considered,
maps, the environmental impacts associated with the proposed rule, and
the basis for the selected alternative, can be found online at http://parkplanning.nps.gov/guis, by clicking on the link entitled ``Personal
Watercraft (PWC) Use Management Plan/EIS'' and then clicking on the
link entitled ``Document List''.
Proposed Rule
The proposed rule would implement the selected alternative
identified in the amended ROD for the management of PWC use within the
Seashore. The selected alternative would maintain the existing special
regulation at 36 CFR 7.21, except as explained below.
[[Page 3904]]
Flat Wake Zones
The existing special regulations prohibit the use of PWC at more
than flat wake speed less than 0.5 miles from (i) either side of the
pier of West Ship Island, and (ii) the shorelines of West Ship Island
and the designated wilderness islands of Horn and Petit Bois. The
existing flat wake speed zone extends 300 yards from all other
shorelines within the Seashore. The proposed rule would reduce the size
of the flat wake zone to (i) 300 yards from any shoreline in
Mississippi (including the shorelines of Ship, Horn and Petit Bois
islands) and (ii) 150 yards from any shoreline in Florida. Establishing
consistent flat-wake zone distances within each district of the
Seashore (Florida and Mississippi) should result in easier enforcement
of and increased compliance with flat-wake zones. The 150-yard flat-
wake zone in the Florida District would minimize impacts to commercial
PWC rental businesses and visitor experience for PWC users. The
proposed boundaries of the flat wake zones are based on near-shore
bathymetric information and research on PWC impacts to submerged
aquatic vegetation and shorebird nesting that shows that in a water
depth of 3 feet or more, PWC have little negative impact to seagrass
beds (Continental Shelf Associates 1997; MDNR 2002). The average
distance from shorelines in the Florida district to the 3-foot depth
contour is 150 yards. Because similar 3-foot bathymetric data were not
available for Mississippi, the proposed 300 yard flat wake zone in this
district is based on the average distance to the 4-foot depth contour.
NPS law enforcement staff may place temporary floating buoys in the
water as reference points to show PWC users what 150 yards and 300
yards from the shoreline looks like. This would be done on an as-needed
basis, determined by NPS personnel, and would likely occur on select
high-use days and weekends.
Other Modifications
The existing special regulations allow PWC use anywhere within the
Seashore except at specific locations listed in the regulations. 36 CFR
7.12(c)(1). The proposed rule would add two locations to the list of
closed areas: (i) The lakes, ponds, lagoons, and inlets of West Petit
Bois Island; and (ii) within 200 feet of the ferry pier at Fort
Pickens. West Petit Bois Island is a fast changing barrier island.
According to historic aerial imagery at the time the existing special
regulations were promulgated in 2006, West Petit Bois Island did not
have lakes, ponds, or inlets as it does now. The Fort Pickens ferry
pier did not exist in 2006. Construction was completed in 2012. These
closures have been implemented by the NPS for years under the
Superintendent's authorities in 36 CFR 1.5. They are consistent with
existing closures for the lakes, ponds, lagoons, and inlets of other
islands within the Seashore and for areas within 200 feet of the
fishing piers at Fort Pickens.
The proposed rule would also replace references to West Ship Island
and East Ship Island in the current regulations with a reference to
Ship Island. In 2019, West Ship Island and East Ship Island were
restored to a single island as part of the Mississippi Coastal
Improvements Program Comprehensive Barrier Island Restoration Project.
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 (OIRA) in the Office of Management and Budget will
review all significant rules. The OIRA 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
rule in a manner consistent with these requirements.
Reducing Regulation and Controlling Regulatory Costs (Executive Order
13771)
Enabling regulations are considered deregulatory under guidance
implementing E.O. 13771 (M-17-21). This rule would authorize the use of
personal watercraft within Gulf Islands National Seashore in a manner
that would otherwise be prohibited.
Regulatory Flexibility Act
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.). This certification is based on information
contained in the economic analyses found in the report entitled
``Economic Analysis of the Personal Watercraft Proposed Rule at Gulf
Islands National Seashore.'' The document can be found online at http://parkplanning.nps.gov/guis-PWC-EIS, by clicking on the link entitled
``Document List.''
Congressional Review Act (CRA)
This rule is not a major rule under 5 U.S.C. 804(2), the CRA. This
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. 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 rule does 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 rule
does 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.
[[Page 3905]]
Civil Justice Reform (Executive Order 12988)
This rule complies with the requirements of Executive Order 12988.
This 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
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 rule will have no substantial
direct effect on federally recognized Indian tribes. Nevertheless, in
support of the Department of Interior and NPS commitment for
government-to-government consultation, the NPS submitted a letter to 14
Indian tribes during the development of the FEIS. The Choctaw Nation of
Oklahoma responded that the locations considered in the FEIS are within
the Nation's area of historic interest, and because of the potential
adverse impact to the coastal sites, requested to be a consulting
party. NPS staff held a conference call with representatives of the
Muscogee Creek Nation, Jena Band of Choctaw Indians, and Choctaw Nation
of Oklahoma to discuss their concerns. The tribal representatives
expressed concern over looting and vandalism, but were not very
concerned about wakes from PWC damaging resources. The NPS explained
how law enforcement actions and the Superintendent's closure authority
could help address their concerns.
Paperwork Reduction Act
This 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 rule implements, in part, a comprehensive management action
for PWC at the Seashore that constitutes a major Federal action
significantly affecting the quality of the human environment. The NPS
has prepared the FEIS, ROD and amended ROD under the National
Environmental Policy Act of 1969. A copy of the FEIS, ROD and amended
ROD, which contain a full description of the purpose and need for
taking action, the alternatives considered, maps, the environmental
impacts associated with the proposed rule, and the basis for the
selected alternative can be found online at http://parkplanning.nps.gov/guis, by clicking on the link entitled ``Personal
Watercraft (PWC) Use Management Plan/EIS'' and then clicking on the
link entitled ``Document List''.
Effects on the Energy Supply (Executive Order 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211; the rule is not likely to have a significant
adverse effect on the supply, distribution, or use of energy, and the
rule has not otherwise been designated by the Administrator of OIRA as
a significant energy action. 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.
Drafting Information
The primary authors of this regulation are Julia Larkin and Jay
Calhoun, Division of Regulations, Jurisdiction, and Special Park Uses,
National Park Service.
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
National parks, Reporting and recordkeeping requirements.
In consideration of the foregoing, the National Park Service
proposes to amend 36 CFR part 7 as set forth below:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
0
1. The authority citation 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. 7.12 by revising paragraphs (c)(1)(i) and (iii), (c)(2),
(c)(3) introductory text and (c)(3)(i) to read as follows:
Sec. 7.12 Gulf Islands National Seashore.
* * * * *
(c) * * *
(1) * * *
(i) The lakes, ponds, lagoons, and inlets of Cat Island, Ship
Island, Horn Island, West Petit Bois Island, and Petit Bois Island;
* * * * *
(iii) The areas within 200 feet from the remnants of the old
fishing pier and within 200 feet from the new fishing pier and the
ferry pier at Fort Pickens; and
* * * * *
(2) PWC may not be operated at greater than flat wake speed in the
following locations:
(i) Within 300 yards from all shorelines in Mississippi; and
[[Page 3906]]
(ii) Within 150 yards from all shorelines in Florida.
(3) PWC are allowed to land at any point along the shore except as
follows:
(i) PWC are prohibited on any shoreline adjacent to the closed
areas listed in paragraph (c)(1) of this section; and
* * * * *
George Wallace,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2021-00312 Filed 1-14-21; 8:45 am]
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