Professional Documents
Culture Documents
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Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Rules and Regulations 16713
beginning of ice fishing activities. The Snowmobiles and off-road motor the mainland or on the islands
length of operation is chiefly dependent vehicles are used as a means of themselves, no impact is expected on
on the thickness of the ice, which can transportation to a specific park the wintering white-tailed deer
vary from four inches to more than three location, where the user participates in population, other wildlife, or the snow-
feet. Most ice augers can cut through the a non-motorized recreational activity. covered vegetation. Therefore, it is
ice surface in less than a few minutes. When the snowmobile or off-road motor anticipated that adoption of this
The exclusive purpose of operation is to vehicle user reaches his or her regulation will not adversely affect the
cut or bore small holes in the frozen destination, the snowmobile or off-road resources of the Lakeshore.
surface of Lake Superior to allow fishing motor vehicle is stopped with the Allowing the use of snowmobiles, off-
equipment to pass freely. engine off, minimizing noise, pollution, road motor vehicles, and ice augers or
These uses continue as a safe, and other associated impacts. By power engines on the frozen surface of
common, and necessary method of contrast, recreational touring, which is Lake Superior is not expected to
access up to shorelines and other not allowed under this rule, would dramatically increase visitation to the
locations inside Lakeshore boundaries involve continuous or prolonged area. Traditional users include
and corridors to areas outside the operation of a snowmobile or off-road fishermen and recreational users that
Lakeshore boundaries for gaining access motor vehicle which would increase engage in winter hunting, trapping,
to fishing and recreational areas during noise, pollution, and other associated camping, hiking, snowshoeing, skiing,
winter. impacts. and other non-motorized recreational
This designation of water surfaces and The designation of areas and routes activities.
routes within the Lakeshore provides on the frozen surface of Lake Superior Designated state and county trails for
the public with the means to safely and the mainland road is consistent snowmobile and off-road motor vehicle
navigate around rough ice, cracks, with water surfaces and routes used by use are abundant outside the Lakeshore
pressure ridges and other dangerous ice powerboats and motor vehicles during throughout Ashland and Bayfield
conditions on frozen Lake Superior. It other times of year. These regulations Counties. Bayfield County contains
facilitates traditional and legislatively limit the designation of specific areas, more than 430 miles of maintained
authorized uses such as hunting, fishing and further restrict designation of routes snowmobile trails and in excess of 108
and trapping while also providing to surfaces used by motor vehicles miles of all-terrain vehicle routes.
shoreline access for winter camping, during other times of year. Because of Ashland County has more than 205
hiking, snowshoeing, skiing, and other these limitations, no additional miles and 132 miles respectively. There
non-motorized recreational activities snowmobile or off-road motor vehicle is little demand for recreational touring
within the Lakeshore. areas will be established. Hunting, on the ice of Lake Superior.
Under current NPS regulations, 36 fishing, trapping and non-motorized Due to the short duration of
CFR 2.18 and 4.10, the use of recreational opportunities on the islands accessibility, instability of the ice at
snowmobiles and off-road motor will continue to be permitted as in the many times and limited need for access
vehicles within areas of the National past. Operation of power engines in to non-NPS property outside the
Park System is prohibited, except on other areas or for other purposes will Lakeshore boundary, it is not
water surfaces and designated routes continue to be subject to authorization anticipated that a large increase in
that are used by motorboats or motor by permit only. snowmobiles or off-road motor vehicles
vehicles during other seasons. These Less than 15 percent of the ice on will result from adopting these special
water surfaces and routes must be Lake Superior that surrounds the regulations. With current use limited
designated and promulgated as special islands is located within the Lakeshore’s and no significant increase expected, no
regulations. The use of portable engines 1⁄4-mile boundary. Exterior areas are
measurable economic impact is
associated with a power ice auger is owned by the State of Wisconsin and anticipated.
allowed by permit only under 36 CFR allow snowmobile and off-road motor The NPS considers that local
2.12(a)(3). vehicle operation pursuant to State residents, area businesses, and park
National Park Service Management regulations. With virtually unlimited visitors are best served by allowing for
Policies Section 8.2.2.1 states that any snowmobile and off-road motor vehicle the use of snowmobiles, off-road motor
restriction of appropriate recreational use in State areas, which are directly vehicles, and portable ice augers/
uses will be limited to what is necessary adjacent to park boundaries, the most engines in the designated areas and
to protect park resources and values, to significant factor for noise and routes.
promote visitor safety and enjoyment, or emissions in island and mainland A proposed regulation was published
to meet park management needs. It also locations inside the Lakeshore boundary in the Federal Register on August 12,
states the Superintendent will develop is wind speed and direction rather than 2004 (69 FR 49841). Public comment
and implement visitor use management where snowmobiles and off-road motor was invited. The comment period
plans and take management actions, as vehicles are operated. Sound and closed October 12, 2004.
appropriate, to ensure that recreational emissions can travel long distances over
uses and activities within the park are the hard frozen surface of Lake Summary of Comments Received
consistent with authorizing legislation Superior. During the public comment period,
and do not cause unacceptable impacts The conditions that allow for the NPS received 408 comments via
to park resources or values. reasonably safe snowmobile and off- U.S. Mail and electronic mail (e-mail).
After reviewing the issues road motor vehicle access on the frozen
surrounding the use of snowmobiles, surface of Lake Superior are generally Comments Received in Support of the
off-road motor vehicles, and ice augers limited to late December through mid- Rule:
or power engines, NPS determined that March. During this time period, a All comments received from
the uses authorized in the rule are majority of the wildlife has either neighboring city, county, and State
consistent with the enabling legislation migrated from the area or is in governments, agencies, and officials
and will not result in impairment of hibernation. Since snowmobiles and off- were in support of the proposed rule.
resources, values, or purposes for which road motor vehicles are not permitted to The letters of support expressed concern
the Lakeshore was established. operate outside of designated roads on for the safety of fishermen and park
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16714 Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Rules and Regulations
users. Of the comments received from between ice fishing and recreational protection under alternative C in the
individuals who support the proposed use, or how the regulations would be 2004 Apostle Islands National
rulemaking, 94 percent are residents in enforced. Lakeshore Wilderness Suitability Study.
the Apostle Islands (Chequamegon Bay) Response: Snowmobiles and off-road Response: The mainland unit, all of
area and 76 percent are residents of the motor vehicles are used as a means of Sand, Basswood, and Long Islands, the
State of Wisconsin. transportation to a specific park lighthouses, and other existing
Comment: The operation of location, where the user participates in developed areas of the Lakeshore, and
snowmobiles, off-road motor vehicles, a non-motorized recreational activity. all waters and frozen areas of Lake
ice augers or power engines on the When the snowmobile or off-road motor Superior were excluded from
frozen surface of Lake Superior is vehicle user reaches his or her wilderness protection with the
necessary to avoid hazardous ice, destination, the snowmobile or off-road designation of the Gaylord A. Nelson
pressure ridges, and cracks, and provide motor vehicle is stopped with the National Wilderness (Pub. L. 108–447)
reasonable and safe access to fishing engine off. Recreational touring, which on December 8, 2004. The wilderness
areas and island shoreline locations. is not allowed under this rule, involves boundary begins at the high water mark
Response: NPS agrees with continuous or prolonged operation of a for each island having lands designated
respondents and supports efforts to snowmobile or off-road motor vehicle. as wilderness, and proceeds inland.
maintain visitor access and safety. Park rangers will enforce this rule by Operation of boats, snowmobiles, and
No comments were received in monitoring visitor use and ice off-road vehicles is limited to the waters
support of snowmobiles or off-road conditions. It is reasonable to expect and frozen surface of Lake Superior,
vehicles for the purpose of recreational users to travel around hazards on the ice which was not included in the
touring. and follow safe routes to access wilderness designation. The use of
shoreline locations. Park rangers will motorized vessels and vehicles allow
Comments Received in Opposition to
verify that visitors are fishing, camping, visitors safe access to island shorelines
the Rule
snowshoeing, skiing, hiking or and other locations on Lake Superior
Of the comments received from participating in other non-motorized both inside and outside of Lakeshore
individuals who wrote to oppose the activities based on their observed travel boundaries for fishing and non-
proposed rulemaking, 5 percent are within the park, clothing, equipment, motorized recreational activities.
from residents from the State of tools, and other accessories in their Regardless of what the NPS does,
Wisconsin. Over 98 percent of the possession. snowmobiles and ORVs will be legal 1⁄4
comments in opposition to the proposed Comment: The Bluewater Network
mile from shore. Prohibiting them
rule were received from the Bluewater (and 340 form letter comments initiated
within the Lakeshore’s 1⁄4 mile
Network internet Web site. from its Web site) commented that NPS
The Bluewater Network Web site boundary will not create quiet zones
should mark access corridors to prime
offered internet users prepared text that because of the long distances that sound
fishing spots.
could not be modified and the option Response: The number of possible travels over water and ice. Limiting or
for individuals to add comments about fishing spots (locations) around the restricting access to shorelines would
personal experiences relating to Apostle Islands on Lake Superior is effectively prevent many park users
snowmobiles, off-road vehicles, and virtually unlimited. Fishermen choose from accessing proposed wilderness
other issues. Fifty-eight respondents areas primarily by existing ice trailheads.
expressed concern about noise, conditions with safety as the paramount Comment: The Bluewater Network
pollution, and the negative impacts on issue. Ice must be of adequate thickness (and 340 form letter comments initiated
wildlife and their outdoor experience. to support people, fishing equipment, from its Web site) commented that the
The prepared text from the Bluewater and methods of transport. NPS rule should require the use of
Network addressed five comments that Unfortunately, the frozen surface of advanced technologies, such as four
are listed below. The NPS response Lake Superior can change on a daily stroke engines, for snowmobiles used at
follows each comment. basis due to variable winds, waves, Apostle Islands National Lakeshore.
Comment: The Bluewater Network currents, and temperature conditions. It Response: Advanced technologies that
(and 340 form letter comments initiated is typical for winter ice to form between reduce possible pollution are preferable,
from its Web site) commented that the some of the inner islands in the Apostle but it is impractical to require them now
current prohibition on ORV/ Islands archipelago, but ice around all at the Apostle Islands for several
snowmobiles should be maintained. of the islands is unusual due to the reasons.
Response: NPS recognizes that variety of weather conditions listed First, snowmobiles and off-road motor
snowmobile and off-road vehicle (ORVs) above. It is a rare occurrence for all of vehicles are used as a means of
operation around the Apostle Islands on Lake Superior to freeze over. Ice that transportation to a specific park
frozen Lake Superior is a historic and forms over a period of days or weeks location, where the user participates in
traditional use that was in existence can be destroyed in hours by high a non-motorized recreational activity.
prior the establishment of the Apostle winds, shifting ice, and/or the forces of When the snowmobile or off-road motor
Islands National Lakeshore in 1970. wave action. The pressure of moving ice vehicle user reaches his or her
NPS has determined that the can create cracks, fissures, and areas of destination, the snowmobile or off-road
continuation of these uses for access on open water without warning. Hence, motor vehicle is stopped with the
designated areas and routes will there is no practical way to mark or engine off, minimizing noise, pollution,
enhance public safety and facilitate maintain the unlimited number of and other associated impacts. By
authorized uses without causing corridors or routes to fishing locations. contrast, recreational touring, which is
unacceptable impacts on the resources, Comment: The Bluewater Network not allowed under this rule, would
values or purposes of the Lakeshore. (and 340 form letter comments initiated involve continuous or prolonged
Comment: The Bluewater Network from its Web site) commented that the operation of a snowmobile or off-road
(and 340 form letter comments initiated Rule should prohibit snowmobile/ORV motor vehicle which would increase
from its Web site) commented that the use on waters around those islands that noise, pollution, and other associated
proposed rule does not distinguish are recommended for wilderness impacts.
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Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Rules and Regulations 16715
Second, Apostle Islands National park boundaries within the Apostle public health or safety, or State, local,
Lakeshore has no ‘‘gate’’ or entrance Islands archipelago. or tribal governments or communities.
through which all snowmobiles must Although snowmobile and ORV use Snowmobiles and off-road motor
pass before entering the park. The within the Apostle Islands archipelago vehicles (all terrain vehicles) are not
Lakeshore contains over 154 miles of is not without any environmental available for sale, rental, or lease
shoreline on Lake Superior with impacts, the proposed rule is expected through local businesses or tour
virtually unlimited access points. Hence to have less than significant impacts on companies within the Apostle Islands
there is no practical way to stop non- the human environment in the Apostle (Chequamegon Bay) area. Snowmobiles
complying machines from entering the Islands National Lakeshore for the and off-road motor vehicles are almost
park or assure compliance with following reasons: exclusively privately owned or
technological criteria. —Preventing snowmobile use within transported to the region from sources
The Apostle Islands archipelago is the park’s 1⁄4-mile water boundary outside of the local geographic area.
roughly 287,000 acres in size, including would not affect the amount of (2) This rule will not create a serious
all of the water between the islands. Of snowmobile use in the larger Apostle inconsistency or otherwise interfere
this 287,000 acres, less than 40,000 Islands archipelago, and therefore it with an action taken or planned by
acres are contained within the park’s would not decrease any associated another agency. Actions taken under
islands, and an additional 27,500 acres environmental impacts. this rule will not interfere with other
are water, leaving over 210,000 acres of —The proposed rule authorizes agencies or local government plans,
water or approximately 85% of the area, snowmobiles/ORV use for policies or controls. This rule supports
within the archipelago, outside of NPS transportation only, not long-distance local government and community plans
jurisdiction. Requiring visitors to use touring. Hence the machines’ engines for winter recreation that already exists.
only advanced technologies in an area will be turned off for the majority of (3) This rule does not alter the
that has so little NPS jurisdiction is not time that they are on the lake, budgetary effects of entitlements, grants,
practical. minimizing associated environmental user fees, or loan programs or the rights
Lastly, there is no snowmobile rental impacts. or obligations of their recipients. This
industry in the park area, nor any fleets —Use is not concentrated, but generally rule will have no effects on
of snowmobiles owned by companies. dispersed. entitlements, grants, user fees, or loan
Virtually all use in the park is by —Wildlife are extremely scarce on the programs or the rights or obligations of
individuals, and virtually all machines frozen surface of the lake, greatly their recipients. No grants or other
are individually-owned. Imposing a decreasing potential impacts. forms of monetary supplements are
technology requirement in the Comment: The Red Cliff and Bad involved.
Lakeshore that exceeds other state and River Bands of Lake Superior Chippewa (4) This rule does not raise novel legal
federal legal requirements would Indians both stated that they wanted or policy issues. This rule codifies long-
impose a high burden on individual written assurance that the proposed rule existing uses at Apostle Islands National
users of the park which would not be would not be applied to regulate the Lakeshore.
justified here given the issues discussed Tribes’ treaty-reserved rights either Regulatory Flexibility Act
above. within or outside of their reservations
The Department of the Interior
and requested that such assurance be
Additional Comments certifies that this rulemaking will not
included in either the notice of the final
have a significant economic effect on a
Comment: The National Parks rule or in the rule itself.
substantial number of small entities
Conservation Association (NPCA) Response: Nothing in this rule
under the Regulatory Flexibility Act (5
commented on the National Park modifies, alters, or affects any treaty
U.S.C. 601 et seq.). Snowmobiles and
Service’s ‘‘lack of compliance with the rights.
off-road motor vehicles (all terrain
National Environmental Policy Act’’
Compliance With Other Laws vehicles) are not available for sale,
(NEPA). While supporting the
rental, or lease through local businesses
implementation of the rule, NPCA urges Need for an Immediate Effective Date
or tour companies within the Apostle
that it be conditioned upon a future This rule relieves restrictions on Islands (Chequamegon Bay) area.
finding of no significant impact snowmobile, off-road vehicle, ice auger Snowmobiles and off-road motor
consistent with a more detailed NEPA and power engine use that would vehicles are almost exclusively privately
analysis. ordinarily exist under NPS regulations. owned or transported to the region from
Response: The National Park Service For this reason, the Department has sources outside of the local geographic
has prepared an Environmental determined that good cause exists to area.
Assessment and Finding of No waive the normal 30-day delay and
Significant Impact for the rule, in make this rule effective upon Small Business Regulatory Enforcement
compliance with NEPA. Copies are publication as allowed by 5 U.S.C. Fairness Act (SBREFA)
available from Apostle Islands National 553(d)(1). This rule is not a major rule under 5
Lakeshore at the address listed above. U.S.C. 804(2), the Small Business
The 27,500 acres of water within NPS Regulatory Planning and Review
Regulatory Enforcement Fairness Act.
jurisdiction is fragmented into 24 (Executive Order 12866)
This proposed rule:
separate units (21 islands and 3 sections This document is not a significant a. Does not have an annual effect on
on mainland unit). Only 15% of the rule and is not subject to review by the the economy of $100 million or more.
waters between all of the islands is Office of Management and Budget under b. Will not cause a major increase in
located within park boundaries. Executive Order 12866. costs or prices for consumers,
Regardless of what the NPS decides (1) This rule will not have an effect of individual industries, Federal, State, or
with respect to these issues, $100 million or more on the economy. local government agencies, or
snowmobiles, ORVs, and power augers It will not adversely affect in a material geographic regions.
will still be legal on more than 210,000 way the economy, productivity, c. Does not have significant adverse
acres or 85% of the waters outside of competition, jobs, the environment, effects on competition, employment,
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Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Rules and Regulations 16717
(5) Maps showing designated use delivery of NARA’s denial letter could Subpart D—Access to Presidential
areas are available at park headquarters. be considerably delayed. The Records
(6) Use of an ice auger or power commenter said that the appeal
engine on any land surface or frozen timeframe should continue to be based § 1270.42 Denial of access to public; right
water surface outside of designated use on when the requester receives the to appeal.
areas is prohibited without a permit. denial, not the date of NARA’s denial (a) Any person denied access to a
Dated: March 18, 2005. letter. Presidential record (hereinafter the
NARA proposed the timeframe requester) because of a determination
Paul Hoffman,
requested by the petitioners, which was that the record or a reasonable
Deputy Assistant Secretary for Fish and segregable portion of the record was
Wildlife and Parks. based on the timeframe for appeals
NARA permits under the provisions of properly restricted under 44 U.S.C.
[FR Doc. 05–6385 Filed 3–31–05; 8:45 am] 2204(a), and not placed in the public
BILLING CODE 4312–97–P
the Freedom of Information Act (FOIA)
(see 36 CFR 1250.72(a)) and the Privacy domain by the former President or his
Act (PA) (see 36 CFR 1202.56(a)). The agent, may file an administrative appeal
petition cited the following compelling with the appropriate Presidential library
NATIONAL ARCHIVES AND RECORDS director at the address cited in part 1253
reasons for requesting an extension to
ADMINISTRATION of this chapter.
the length of time to file an appeal
under the PRA: (b) All appeals must be received by
36 CFR Part 1270 NARA within 35 calendar days of the
• NARA’s longer appeal timeframes
RIN 3095–AB40 for FOIA and PA denials; date of NARA’s denial letter.
• The disparity with the lengthy * * * * *
Presidential Records Act Procedures (d) Upon receipt of an appeal, the
waits requesters have, only to learn of
AGENCY: National Archives and Records a denial of access; and, appropriate Presidential library director
Administration (NARA). • Extenuating circumstances that has 30 working days from the date an
ACTION: Final rule. make it difficult for requesters to appeal appeal is received to consider the
in 10 days after receipt of NARA’s appeal and respond in writing to the
SUMMARY: In response to a petition for denial. Among the latter are requesters requester. The director’s response must
rulemaking, NARA is amending our being on vacation, business trips, and state whether or not the Presidential
rules concerning Presidential records to academic absences like visiting records requested are to be released and
lengthen the time from 10 working days professorships and sabbaticals. the basis for this determination. The
to 35 calendar days to appeal denial of director’s decision to withhold release
The petitioners’ request is based on
access. This proposed rule will affect of Presidential records is final and not
well-recognized and widely accepted
the public. subject to judicial review.
practices in implementing the FOIA.
DATES: Effective May 2, 2005. NARA believes that this rule will be of Dated: March 25, 2005.
FOR FURTHER INFORMATION CONTACT: assistance to requesters of Presidential Allen Weinstein,
Jennifer Davis Heaps at (301) 837–1801. records. Archivist of the United States.
SUPPLEMENTARY INFORMATION: The This rule is not a significant [FR Doc. 05–6410 Filed 3–31–05; 8:45 am]
proposed rule was published in the regulatory action for the purposes of BILLING CODE 7515–01–P
October 1, 2004, Federal Register (69 FR Executive Order 12866 and has not been
58875) for a 60-day public comment reviewed by the Office of Management
period. NARA notified several and Budget (OMB). As required by the ENVIRONMENTAL PROTECTION
researcher organizations about the Regulatory Flexibility Act, it is hereby AGENCY
proposed rule. A copy of the proposed certified that this rule will not have a
rule was also posted on the NARA Web significant impact on a substantial 40 CFR Part 52
site. NARA received three responses to number of small entities because this
the proposed rule from the public. [R03–OAR–2005–PA–0006; FRL–7893–2]
rule applies to the public. This rule does
NARA proposed, in response to a not have any federalism implications. Approval and Promulgation of Air
petition for proposed rulemaking, to This rule is not a major rule as defined Quality Implementation Plans;
extend the timeframe in which a person in 5 U.S.C. Chapter 8, Congressional Pennsylvania; VOC RACT
may appeal the denial of a request for Review of Agency Rulemaking. Determinations for Three Individual
access to Presidential records made
List of Subjects in 36 CFR Part 1270 Sources
under the Presidential Records Act
(PRA) (44 U.S.C. 2201–2207). Two Archives and records. AGENCY: Environmental Protection
public commenters agreed with the Agency (EPA).
■ For the reasons set forth in the
proposed regulation changes. One ACTION: Direct final rule.
preamble, NARA amends part 1270 of
member of the public objected to
title 36, Code of Federal Regulations, as
NARA’s proposed length of appeal time. SUMMARY: EPA is taking direct final
follows:
The commenter said that a requester action to approve revisions to the
should be able to appeal NARA’s letter PART 1270—PRESIDENTIAL Commonwealth of Pennsylvania’s State
of denial ‘‘within 35 working days after RECORDS Implementation Plan (SIP). The
the requester receives written revisions were submitted by the
notification,’’ not ‘‘within 35 calendar ■ 1. The authority citation for part 1270 Pennsylvania Department of
days of the date of NARA’s denial is revised to read as follows: Environmental Protection (PADEP) to
letter’’ as NARA proposed. Authority: 44 U.S.C. 2201–2207. establish and require reasonably
We did not adopt that available control technology (RACT) for
recommendation. The commenter ■ 2. Amend § 1270.42 by revising three major sources of volatile organic
argued that the proposed length in paragraphs (a), (b), and (d) to read as compounds (VOC). These sources are
timeframe was unfair because the follows: located in Pennsylvania. EPA is
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