Voyageurs National Park; Aircraft OperationsDesignation of Areas

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AC23

Voyageurs National Park; Aircraft Operations--Designation of

Areas

AGENCY: National Park Service, Interior.

ACTION: Interim rule.

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SUMMARY: The National Park Service (NPS) is adopting this interim rule

for Voyageurs National Park to allow an activity that has been

identified in the 1980 Master Plan and the 1992 Wilderness Plan. The

interim rule will designate certain areas open to aircraft use within

the park for a limited duration of time while the agency develops a

special regulation to address the activity through public notice and

comment rulemaking. This addition is necessary because NPS general

regulations require special regulatory designations for areas in parks

open to the operation or use by aircraft. The intended effects are to

ensure safety, protect resources and provide appropriate enjoyment to

park users.

DATES: This rule is effective on August 2, 1995 and will expire upon

the publication of a final rule developed through the normal public

notice and comment rulemaking process. Written comments will be

accepted through October 2, 1995.

ADDRESSES: Comments should be addressed to: Superintendent, Voyageurs

National Park, 3131 Highway 53, International Falls, MN 56649-8904.

FOR FURTHER INFORMATION CONTACT: Chief Ranger, Voyageurs National Park,

3131 Highway 53, International Falls, MN 56649-8904, Telephone: (218)

283-9821.

SUPPLEMENTARY INFORMATION:

Background

The enabling legislation for Voyageurs National Park states ``The

Secretary may, when planning for development of the park, include

appropriate provisions for * * * use by seaplanes * * *.'' 16 U.S.C.

Section 160h. The 1980 Master Plan for the park states that float

planes and ski planes will be allowed upon all lakes deemed safe by the

Minnesota Department of Transportation. It also states that this

allowance would be subject to the findings of the wilderness study. The

1992 wilderness study recommended that planes be allowed on the four

major lakes (Rainy, Kabetogama, Namakan and Sand Point), as well as the

following interior lakes: Locator, War Club, Quill, Loiten, Shoepack,

Little Trout and Mukooda. The park has received several requests for

permission to land float planes on park lakes this summer.

Public aircraft use on park waters occurred prior to the

designation of the park in 1971. This use is primarily related to

fishing, camping, transportation to resorts and summer dwellings and is

typical for the area. Float plane use is mainly associated with the

four major lakes with use of the interior lakes constituting less than

1% of the park's use. Aircraft are currently prohibited from using

about 22 small interior lakes that have been determined to be too small

to use safely by the Minnesota Department of Transportation. Three

other lakes that have been used periodically and are accessible by

hiking trails will not be opened to float plane use by this regulation.

The closing of these three interior lakes will allow the park to manage

the interior lakes on an equitable basis since other motorized uses are

prohibited. Section 2.17 of 36 CFR prohibits the operation or use of

aircraft on lands and waters within park areas except at locations

designated through the special rulemaking process.

This interim rule will allow the park to grant appropriate requests

for aircraft operation this summer. It will also increase public safety

by identifying where and under what conditions aircraft are allowed to

operate and improving information to the public on where they may

expect to see aircraft within the park. This will lessen potential

conflicts among user groups and encourage those that do not want to

associate with aircraft operations to select areas within the park that

are closed to aircraft use. There will be increased enjoyment among

users by delineating areas appropriate to specialized uses. By

identifying areas open to aircraft use, the park will be able to limit

aircraft use to less sensitive areas and improve protection of

resources. The park will also be able to improve information to pilots

on what areas are open and what areas are closed to aircraft operations

as well as information on sensitive areas that would be affected by

aircraft use. This regulation will allow the park to identify those

areas where appropriate use may occur, improve public information and

protect area resources.

The NPS is adopting this interim rule to allow an activity that has

been identified as compatible with the establishment of the park and an

activity that was specifically identified in the park's enabling

legislation as an acceptable activity in the park. Because of the time

requirements associated with the normal rulemaking process, and the

fact that the NPS has been unable to proceed in a timely manner with a

proposed rule this summer, the agency has determined that an interim

rule would allow for aircraft use in a more expeditious manner. The

interim rule will allow aircraft use to occur while the agency proceeds

with the required rulemaking to adopt a permanent special regulation

for Voyageurs National Park.

The NPS is adopting this interim rule pursuant to the ``good

cause'' exception of the Administrative Procedure Act (5 U.S.C.

553(b)(B)) from general notice and comment rulemaking. As discussed

above, the NPS believes that this exception is warranted in order to

authorize float plane use this summer, insofar as such use is

identified in the park's enabling legislation, management plan,

wilderness plan, environmental assessment and environmental impact

statement. Moreover, the development of these documents solicited and

provided ample opportunity for public comment, and the public comment

revealed support for appropriate aircraft use.

Because public comment is a principal reason for the general

regulation requirement of special regulations to allow the designation

of locations for this activity, the NPS finds that notice and comment

are unnecessary and contrary to the public interest for this interim

rule. Furthermore, the NPS is developing and will be publishing soon in

the Federal Register a proposed rule requesting public comment on a

special regulation to allow the use of aircraft in Voyageurs National

Park. This interim rule is

[[Page 39258]]

limited in duration and will terminate with the publication of a final

rule in the Federal Register.

The NPS has also determined, in accordance with the Administrative

Procedure Act (5 U.S.C. 553(d)(3)), that the publishing of this interim

rule 30 days prior to the rule becoming effective would be

counterproductive and unnecessary for the reasons discussed above. A

30-day delay would be contrary to the public interest. Therefore, under

the ``good cause'' exception of the Administrative Procedure Act (5

U.S.C. 553(d)(3)), it has been determined that this interim rulemaking

is excepted from the 30-day delay in the effective date and shall

therefore become effective on the date published in the Federal

Register.

Drafting Information. The primary authors of this interim rule

are Bruce D. McKeeman, Chief Ranger, Voyageurs National Park and

Dennis Burnett, Washington Office of Ranger Activities.

Paperwork Reduction Act

This rulemaking does not contain information collection

requirements that require approval by the Office of Management and

Budget under 44 U.S.C. 3501 et seq.

Compliance With Other Laws

Pursuant to the Act of January 3, 1968, 84 Stat. 1972, 16 U.S.C.

Section 160f(b), the NPS prepared a Wilderness Recommendation and,

pursuant to the National Environmental Policy Act, 42 U.S.C. Secs. 4332

et seq., prepared an Environmental Impact Statement (EIS) assessing the

effects of the Wilderness Recommendation. On page 30 of the EIS, the

section titled ``Provisions Common To All Alternatives'' states:

``Under all alternatives motorized vehicles and aircraft would be

allowed on Rainy, Kabetogama, Namakan and Sand Point lakes, subject to

established regulations. Special regulations for aircraft access in the

park will be required, * * *''. On page 35, the section titled

``Alternatives'' also states that the alternatives address the

appropriateness of motorized use in the park, specifically the location

of snowmobile routes and portages, as well as the lakes open to

aircraft and motorboat use.'' Each of the six alternatives specifically

lists the lakes that will be open to motorized and aircraft use. The

NPS consulted with the U.S. Fish and Wildlife Service pursuant to

Section 7 of the Endangered Species Act, 16 U.S.C. Section 1536 and

they issued a ``No Jeopardy Opinion'' as part of their biological

opinion. Public input was provided during a series of public hearings.

Extensive public comment, both oral and written, was received regarding

the matter of snowmobile use and wilderness designation. There were

very few comments received concerning aircraft use.

This rule was not subject to Office of Management and Budget review

under Executive Order 12866. The Department of the Interior determined

that this document 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 rulemaking are

local in nature and negligible in scope.

Based on this determination, and in accord with the procedural

requirements of the National Environmental Policy Act (NEPA), and by

Departmental guidelines in 516 DM 6 (49 FR 21438), an Environmental

Assessment (EA), which included consultation with the U.S. Fish and

Wildlife Service, and a Finding of No Significant Impact (FONSI) have

been prepared.

List of Subjects in 36 CFR Part 7

National parks, Reporting and recordkeeping requirements.

In consideration of the foregoing, 36 CFR Chap. I is amended as

follows:

PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

1. The authority citation continues to read as follows:

Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also

issued under D.C. Code 8-137 (1981) and DC Code 40-721 (1981).

2. In Sec. 7.33, a new paragraph (c) is added to read as follows:

Sec. 7.33 Voyageurs National Park.

* * * * *

(c) Aircraft. (1) Aircraft may be operated on the entire water

surface and frozen lake surface of the following lakes, except as

restricted in paragrah (c)(4) of this section and Sec. 2.17 of this

chapter: Rainy, Kabetogama, Namakan, Sand Point, Locator, War Club,

Quill, Loiten, Shoepack, Little Trout and Mukooda.

(2) Approaches, landings and take-offs shall not be made within 500

feet of any developed facility, boat dock, float, pier, ramp or beach.

(3) Aircraft may taxi to and from a dock or ramp designated for

their use for the purpose of mooring and must be operated with due care

and regard for persons and property and in accordance with any posted

signs or waterway markers.

(4) Areas within the designated lakes may be closed to aircraft use

by the Superintendent taking into consideration public safety, wildlife

management, weather and park management objectives.

Dated: July 21, 1995.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 95-18885 Filed 8-1-95; 8:45 am]

BILLING CODE 4310-70-P