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Voyageurs National Park
Aircraft Operations
National Park Service 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 stated 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. Each year the park receives an increasing number of inquiries for permission to land float planes in the park. 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 one percent 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. This rule will increase public safety by identifying where and under what conditions aircraft are allowed to operate and improve 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 an increased enjoyment among users by delineating areas appropriate to specialized uses. By identifying areas open to aircraft use, the park is able to limit use to less sensitive areas and improve protection of resources. The park will also be able to improve information to pilots as 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 proposing this 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. 36 CFR 2.17 prohibits the operation or use of aircraft on lands and waters within park areas except at locations designated through the special rulemaking process. This requirement, as complied with here, ensures that aircraft use and activities are only undertaken in park areas subsequent to full public participation and the review that is accorded rulemaking documents. Public Participation It is the policy of the Department of 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 to the address noted at the beginning of this rulemaking. The NPS will review comments and consider making changes to the final rule based upon an analysis of the comments. During the 1992 wilderness study process, all of the options for aircraft use were presented and discussed. Each of the six alternatives specifically identified which lakes would be open to aircraft use. The public was informed of these options during three public hearings. Extensive public involvement has taken place as a requirement of the ``Master Plan'', ``Trail Plan'' and ``Wilderness Recommendation'', all of which had complete public review and environmental review and analysis under applicable law. Drafting Information: The primary authors of this rulemaking are Bruce D. McKeeman, Chief Ranger, Voyageurs National Park and Dennis Burnett, Washington Office of Ranger Activities. Paperwork Reduction Act This proposed rule does not contain collections of information requiring 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. 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. 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 [[Page 3361]] and wilderness designation. There were very few comments received concerning aircraft use. This rule was not subject to Office of Management and Budget (OMB) 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 effect of this rulemaking are local in nature and negligible in scope. In accordance 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. These documents can be obtained by contacting the address noted at the beginning of this rulemaking. List of Subjects in 36 CFR Part 7 National parks, Reporting and recordkeeping requirements. In consideration of the foregoing, it is proposed to amend 36 CFR Chapter I 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); Section 7.96 also issued under D.C. Code 8-137 (1981) and DC Code 40-721 (1981). 2. Section 7.33, is amended by revising paragraph (c) 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 paragraph (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: October 20, 1995. George T. Frampton, Jr., Assistant Secretary for Fish and Wildlife and Parks. | |||
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