65556 Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Proposed Rules 

63979, the docket number is incorrect. 

The docket number is corrected to read 

(USCG–2004–19615) each place that it 

appears.

Dated: November 8, 2004. 

David L. Nichols, 

Commander, U.S. Coast Guard, Acting Chief, 

Office of Regulations, and Administrative 

Law.

[FR Doc. 04–25254 Filed 11–12–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF THE INTERIOR

National Park Service 

36 CFR Part 7 

RIN 1024–AC93 

Pictured Rocks National Lakeshore, 

Personal Watercraft Use

AGENCY: National Park Service, Interior.

ACTION: Proposed Rule.

SUMMARY: The National Park Service 

(NPS) is proposing to designate areas 

where personal watercraft (PWC) may 

be used in Pictured Rocks National 

Lakeshore, Michigan. This proposed 

rule implements the provisions of the 

NPS general regulations authorizing 

park areas to allow the use of PWC by 

promulgating a special regulation. The 

NPS Management Policies 2001 require 

individual parks to determine whether 

PWC use is appropriate for a specific 

park area based on an evaluation of that 

area’s enabling legislation, resources 

and values, other visitor uses, and 

overall management objectives.

DATES: Comments must be received by 

January 14, 2005.

ADDRESSES: Comments on the proposed 

rule should be mailed to N8391 Sand 

Point Road, P.O. Box 40 Munising, 

Michigan 49862–0040. Comments may 

also be sent by e-mail to 

PIRO@den.nps.gov. If you comment by 

e-mail, please include ‘‘PWC rule’’ in 

the subject line and your name and 

return address in the body of your 

Internet message. 

For additional information see 

‘‘Public Participation’’ under 

SUPPLEMENTARY INFORMATION below.

FOR FURTHER INFORMATION CONTACT: Kym 

Hall, Special Assistant, National Park 

Service, 1849 C Street, NW., Room 3145, 

Washington, DC 20240. Phone: (202) 

208–4206. E-mail: Kym_Hall@nps.gov.

SUPPLEMENTARY INFORMATION: 

Background 

Additional Alternatives 

The information contained in this 

proposed rule supports implementation 

of the modified preferred alternative for 

Pictured Rocks National Lakeshore in 

the Environmental Assessment (EA) 

published July, 2002, and the errata 

sheet published October, 2003. The 

errata sheet corrects factual information 

in the EA as well as provides the 

analysis of the modified preferred 

alternative. The public should be aware 

that two other alternatives including a 

no-PWC alternative were presented in 

the EA and one alternative was 

modified in the subsequent errata sheet. 

Those alternatives should also be 

reviewed and considered when making 

comments on this proposed rule. 

Personal Watercraft Regulation 

On March 21, 2000, the National Park 

Service published a regulation (36 CFR 

3.24) on the management of personal 

watercraft (PWC) use within all units of 

the national park system (65 FR 15077). 

This regulation prohibits PWC use in all 

national park units unless the NPS 

determines that this type of water-based 

recreational activity is appropriate for 

the specific park unit based on the 

legislation establishing that park, the 

park’s resources and values, other 

visitor uses of the area, and overall 

management objectives. The regulation 

prohibits PWC use in all park units 

effective April 20, 2000, except a 

limited exception was provided for 21 

parks, lakeshores, seashores, and 

recreation areas. The regulation 

established a 2-year grace period 

following the final rule publication to 

give these 21 park units time to consider 

whether PWC use should be allowed. 

Accordingly, on April 22, 2002, 

Pictured Rocks National Lakeshore 

closed for PWC use. 

Description of Pictured Rocks National 

Lakeshore 

Pictured Rocks National Lakeshore is 

situated in the north-central section of 

Michigan’s Upper Peninsula, along the 

southern shore of Lake Superior. The 

eastern half of the Upper Peninsula is 

bounded by Lakes Superior, Michigan, 

and Huron. There are a variety of other 

national parks in the upper Great Lakes, 

including Apostle Islands National 

Lakeshore and Isle Royal National Park 

on Lake Superior, and Sleeping Bear 

Dunes and Indiana Dunes National 

Lakeshores on Lake Michigan. Canadian 

provincial parks are also located on 

Lake Superior. 

The national lakeshore stretches from 

Munising to Grand Marais, 

approximately 40 miles to the northeast. 

The shoreline consists of narrow sandy 

beaches, sandstone cliffs, and a perched 

sand dune system. The sandy shoreline 

is susceptible to erosion from natural 

weather conditions. 

Pictured Rocks National Lakeshore 

was authorized in 1966. The lakeshore 

is noted for its multicolored sandstone 

cliffs, beaches, sand dunes, waterfalls, 

inland lakes, wildlife, and forested 

shoreline. Attractions include a 

lighthouse and former Coast Guard lifesaving 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. 

Purpose of Pictured Rocks National 

Lakeshore 

As formulated during the Pictured 

Rocks general management planning 

process, the purpose of the national 

lakeshore includes the following: 

Preserve a portion of the Great Lakes 

shoreline for its geographic, scientific, 

scenic, and historic features, and its 

associated ecological processes. 

Provide opportunities for public 

benefit in recreation, education, 

enjoyment, and inspiration. 

Protect the character and use of the 

shoreline zone while allowing economic 

utilization of the inland buffer zone’s 

renewable resources. 

Significance of Pictured Rocks National 

Lakeshore 

As stated in the national lakeshore’s 

Draft General Management Plan / 

Wilderness Study/Environmental 

Impact Statement, Pictured Rocks 

National Lakeshore is significant 

because: 

Pictured Rocks National Lakeshore 

preserves and affords public access to a 

spectacular and diverse segment of the 

Lake Superior shoreline. 

Unmatched in their scenic value, the 

200-foot high Pictured Rocks cliffs rise 

perpendicularly from Lake Superior, 

creating a rock mosaic of form, color, 

and texture, which is enhanced by 

cascading waterfalls. 

Grand Sable Dunes, perched atop 300-

foot-high sand banks above Lake 

Superior, is one of two perched dune 

systems on the Great Lakes; within these 

dunes live unique plant communities 

resulting from geomorphic processes.

Twelve miles of unspoiled and 

undeveloped Lake Superior beach 

contrast with the Pictured Rocks cliffs 

and Grand Sable Dunes. 

Bedrock geology and glacial 

landforms provide significant 

topographic relief marked by streams, 

inland lakes, and a diversity of 

associated vegetation. 

The shoreline offers extraordinary and 

inspirational scenic vistas of Lake 

Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Proposed Rules 65557

Superior, which has the largest surface 

area of any fresh water lake on earth. 

Pictured Rocks National Lakeshore 

offers a variety of affordable year-round 

recreational opportunities for 

appropriate public use. 

Within a distinct area, the lakeshore 

contains a spectrum of cultural 

resources focused on the human use of 

Lake Superior and its shoreline. 

Lying in a transition zone between 

boreal and eastern hardwood forest, the 

lakeshore’s scientifically recognized 

assemblage of flora and fauna is 

representative of associations unique to 

the Lake Superior Basin. 

Pictured Rocks is the only national 

park system area with a legislated buffer 

zone. 

Authority and Jurisdiction 

Under the National Park Service’s 

Organic Act of 1916 (Organic Act) (16 

U.S.C. 1 et seq.) Congress granted the 

NPS broad authority to regulate the use 

of the Federal areas known as national 

parks. In addition, the Organic Act (16 

U.S.C. 3) allows the NPS, through the 

Secretary of the Interior, to ‘‘make and 

publish such rules and regulations as he 

may deem necessary or proper for the 

use and management of the parks 

***’’. 

16 U.S.C. 1a–1 states, ‘‘The 

authorization of activities shall be 

conducted in light of the high public 

value and integrity of the National Park 

System and shall not be exercised in 

derogation of the values and purposes 

for which these various areas have been 

established * * *’’. 

As with the United States Coast 

Guard, NPS’s regulatory authority over 

waters subject to the jurisdiction of the 

United States, including navigable 

waters and areas within their ordinary 

reach, is based upon the Property and 

Commerce Clauses of the U.S. 

Constitution. In regard to the NPS, 

Congress in 1976 directed the NPS to 

‘‘promulgate and enforce regulations 

concerning boating and other activities 

on or relating to waters within areas of 

the National Park System, including 

waters subject to the jurisdiction of the 

United States * * *’’ (16 U.S.C. 1a–

2(h)). In 1996 the NPS published a final 

rule (61 FR 35136, July 5, 1996) 

amending 36 CFR 1.2(a)(3) to clarify its 

authority to regulate activities within 

the National Park System boundaries 

occurring on waters subject to the 

jurisdiction of the United States. 

PWC Use at Pictured Rocks National 

Lakeshore 

PWC use in Pictured Rocks National 

Lakeshore began around 1990. Before 

the ban, use was only allowed on Lake 

Superior, and it was relatively low. 

Restrictions on inland lakes precluded 

PWC use on those lakes. Pictured Rocks 

National Lakeshore has jurisdiction on 

the surface water of Lake Superior 

extending 0.25 mile from the shoreline. 

This proposed rule would only apply to 

the waters under the lakeshore’s 

jurisdiction. In addition, Michigan’s 

Personal Watercraft Safety Act of 1998 

(Public Act 116) stipulates regulations 

for PWC use. One of the regulations is 

that personal watercraft cannot operate 

within 200 feet of the shoreline unless 

traveling perpendicular to shoreline at 

no-wake speed. 

Before the ban, PWC operation on 

Lake Superior was concentrated 

between Sand Point and Chapel Beach, 

along the Lake Superior shoreline. The 

eastern side of the park had little PWC 

use. Rivers and streams within Pictured 

Rocks National Lakeshore are not 

accessible to personal watercraft due to 

extremely small size, shallow depths, 

and rocky bottoms. On inland lakes 

within the Lakeshore boundaries, the 

size of powerboat engines is restricted to 

two- and four-stroke internal 

combustion engines of 50 hp or less, 

essentially eliminating PWC use. 

Before the ban was imposed, most 

PWC users at the park were from within 

100 miles of the lakeshore. Based on 

staff observations, some users come 

from other parts of Michigan, 

Wisconsin, and Minnesota, and perhaps 

Ohio and Illinois. There are many other 

areas for water-based recreation in this 

portion of the Upper Peninsula, 

including State parks, national forests, 

and other lakes with public access. Such 

areas include other portions of Lake 

Superior (excluding the shore of Grand 

Island), many lakes within the Escanaba 

River and Lake Superior State Forests, 

several lakes within the Hiawatha 

National Forest, Manistique Lake, South 

Manistique Lake, and Lake Michigan. 

To document actual PWC use and to 

provide peak usage information, staff 

conducted a survey at the Sand Point 

launch July 4–8, 2001. During the fiveday survey, small craft warnings 

prohibited personal watercraft on two 

days. PWC use for the remaining three 

days ranged from 8 to 13 personal 

watercraft each day. Thus, the peak 

number of personal watercraft that were 

operating before the ban in the 

lakeshore was 13 per day—6.6 from the 

Sand Point launch and 6.6 from the 

Munising boat ramp. 

Before the ban, because personal 

watercraft were also launched from the 

Munising boat ramp on the west end of 

the lakeshore, the city was contacted to 

determine launch numbers. However, 

specific data were not available. Based 

on discussions with lakeshore staff, the 

number of personal watercraft launched 

from Munising was assumed to be the 

same as the number launched from 

Sand Point. Based on the analysis of the 

survey and assumptions, 6.6 personal 

watercraft would be launched from the 

Munising boat ramp each day during 

July and August weekends. All of these 

personal watercraft would likely travel 

within the lakeshore’s jurisdiction. 

Grand Marais, on the east end of the 

lakeshore, also has boat launch 

facilities. According to city staff, very 

few personal watercraft are launched—

perhaps 12 all summer, for an average 

of 1 personal watercraft every seven 

days. This analysis assumes that on 

average no personal watercraft would be 

launched from Grand Marais during July 

and August. 

The low PWC numbers are primarily 

a result of the cold water temperature, 

cool ambient air temperature, 

changeable weather conditions, and 

heavy winds and wave action. The 

average PWC trip within Pictured Rocks 

National Lakeshore lasted between three 

and five hours, from mid morning to 

mid or late afternoon. State regulations 

restrict operations to the hours of 8 a.m. 

to one hour before sunset. Most PWC 

users cruised and sometimes raced 

along the shoreline, explored the rock 

cliffs up close, jumped the wakes of tour 

boats (which make 4–5 foot swells), and 

traveled to beach destinations and spent 

the day or afternoon on the beach. 

Fewer PWC users assembled in 

pontoons and did short trips or went to 

beach areas. A very small number may 

have done day trips between Munising 

and Grand Marais (40+ miles). Only a 

few users asked about PWC camping 

opportunities.

Before the ban, PWC users were 

distributed throughout the lakeshore. 

According to NPS staff, most personal 

watercraft were operated on the west 

end of the lakeshore. This is consistent 

with the launch locations and predicted 

launch numbers. Few PWC operators 

traveled the entire length of the 

lakeshore due to the long distance, 

rough waters, and potential for changing 

weather. 

Generally, there is very little 

information specific to visitor concerns 

about PWC use. Visitor surveys were 

conducted for the winter of 1999–2000 

and for the summer of 2000 (with 

questions specific to PWC use in the 

national lakeshore). A majority of the 

respondents to the survey supported or 

strongly supported restricting PWC use 

to designated areas. No PWC accidents 

have been observed or reported to NPS 

staff. Five incident reports have been 

documented, one for operating too close 

65558 Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Proposed Rules 

to other motorcraft, two for operating 

too close to swimmers, and two for 

operating illegally on inland lakes. 

There are no observations or reports 

related to natural resource concerns. 

Resource Protection and Public Use 

Issues 

Pictured Rocks National Lakeshore 

Environmental Assessment 

The environmental assessment was 

available for public review and 

comment for the period August 1 

through November 15, 2004. An errata 

sheet was prepared to address the 

changes to alternative B, the preferred 

alternative. To request a copy of the 

document and the errata sheet contact 

Superintendent, Pictured Rocks 

National Lakeshore, N8391 Sand Point 

Road, P.O. box 40, Munising, MI 49862–

0040. A copy of the Environmental 

Assessment and the errata sheet may 

also be found at http://www.nps.gov/

piro.

The purpose of the environmental 

assessment was to evaluate a range of 

alternatives and strategies for the 

management of PWC use at Pictured 

Rocks to ensure the protection of park 

resources and values while offering 

recreational opportunities as provided 

for in the National Lakeshore’s enabling 

legislation, purpose, mission, and goals. 

The assessment assumed alternatives 

would be implemented beginning in 

2002 and considered a 10-year period, 

from 2002 to 2012. In addition, the 

environmental assessment defines such 

terms as ‘‘negligible’’ and ‘‘adverse.’’ In 

this document, these terms are used to 

describe the environmental impact. 

Refer to the EA for complete definitions. 

The environmental assessment 

evaluates three alternatives addressing 

the use of personal watercraft at 

Pictured Rocks National Lakeshore. The 

errata sheet modifies one of the 

alternatives, Alternative B. Each 

alternative is described below: 

Alternative A—Under alternative A, 

PWC use would continue as was 

provided and managed within Pictured 

Rocks National Lakeshore before the 

ban. PWC use would be unrestricted on 

Lake Superior from the lakeshore’s 0.25-

mile jurisdictional boundary to the 

lakeshore’s shoreline. Launch and 

retrieval of personal watercraft would be 

permitted only at the Sand Point boat 

ramp on Lake Superior. PWC users 

would be able to land anywhere along 

the shoreline. PWC users would 

continue to abide by Michigan’s 

Personal Watercraft Safety Act of 1998 

(Public Act 116) and related regulations. 

Alternative B—Alternative B was 

modified by the errata dated October 

2003. Under the modified alternative B, 

PWC use would be allowed to operate 

on the waters of Lake Superior within 

the boundaries of Pictured Rocks 

National Lakeshore from the western 

boundary of the lakeshore up to the east 

end of Miners Beach.

PWC use would be allowed under the 

following conditions: Personal 

watercraft may only be launched from a 

designated launch site at Sand Point, 

PWC users may beach their craft only on 

Miners Beach, and PWC users may not 

launch or operate in any other area of 

the lakeshore. The superintendent of the 

park may temporarily limit, restrict, or 

terminate access to areas designated for 

PWC use after taking into consideration 

public health and safety, natural and 

cultural resource protection, and other 

management activities and objectives. 

PWC use would be restricted at specific 

locations during the permitted use of 

ethnographic resources. Boat patrols 

would be conducted in the vicinity of 

the ethnographic resource use in order 

to reduce the potential for PWC-related 

intrusion into the ceremonial activity. 

PWC users would continue to abide by 

Michigan’s Personal Watercraft Safety 

Act of 1998 (Public Act 116) and related 

regulations, as identified in alternative 

A. This alternative would allow PWC 

use along the Lake Superior shoreline 

within the western end of the park, 

covering approximately 8 miles of 

shoreline. The numbers of personal 

watercraft would not be restricted. 

No-Action Alternative—Under the noaction alternative, the National Park 

Service would take no action to 

reinstate the use of personal watercraft 

at Pictured Rocks National Lakeshore 

and no special rule would be 

promulgated to continue personal 

watercraft use. Under this alternative, 

NPS would continue to prohibit 

personal watercraft use at Pictured 

Rocks begun on April 22, 2002. 

Alternative B is the park’s preferred 

alternative because it would best fulfill 

the park responsibilities as trustee of the 

sensitive habitat; ensure safe, healthful, 

productive, and aesthetically and 

culturally pleasing surroundings; and 

attain a wider range of beneficial uses of 

the environment without degradation, 

risk of health or safety, or other 

undesirable and unintended 

consequences. 

As previously noted, NPS will 

consider the comments received on this 

proposal, as well as the comments 

previously received on the 

Environmental Assessment [as modified 

by the errata sheet]. In the final rule, the 

NPS will implement one of these 

alternatives as proposed, or choose a 

different alternative or combination of 

alternatives. Therefore, the public 

should review and consider the other 

alternatives contained in the 

Environmental Assessment [as modified 

by the errata sheet] when making 

comments on this proposed rule. 

The following summarizes the 

predominant resource protection and 

public use issues associated with 

reinstating PWC use at Pictured Rocks 

National Lakeshore. Each of these issues 

is analyzed in the Pictured Rocks 

National Lakeshore, Personal Watercraft 

Use Environmental Assessment as 

modified by the errata sheet. 

Water Quality 

Most research on the effects of 

personal watercraft on water quality 

focuses on the impacts of two-stroke 

engines, and it is assumed that any 

impacts caused by these engines also 

apply to the personal watercraft 

powered by them. There is general 

agreement that two-stroke engines 

discharge a gas-oil mixture into the 

water. Fuel used in PWC engines 

contains many hydrocarbons, including 

benzene, toluene, ethylbenzene, and 

xylene (collectively referred to as BTEX) 

and polyaromatic hydrocarbons (PAH). 

PAH also are released from boat 

engines, including those in personal 

watercraft. These compounds are not 

found appreciably in the unburned fuel 

mixture, but rather are products of 

combustion. Discharges of these 

compounds—BTEX and PAH—have 

potential adverse effects on water 

quality. A common gasoline additive, 

methyl tertiary butyl ether (MTBE) is 

not used in Michigan. 

A typical conventional (i.e., 

carbureted) two-stroke PWC engine 

discharges as much as 30% of the 

unburned fuel mixture directly into the 

water. At common fuel consumption 

rates, an average two-hour ride on a 

personal watercraft may discharge 3 

gallons of fuel into the water. According 

to the California Air Resources Board, 

an average personal watercraft can 

discharge between 1.2 and 3.3 gallons of 

fuel during one hour at full throttle. 

However, hydrocarbon (HC) discharges 

to water are expected to decrease 

substantially over the next 10 years due 

to mandated improvements in engine 

technology. 

PWC use would continue within the 

lakeshore, with a shift in location due 

to restrictions east of Miners Beach. 

Overall numbers of personal watercraft 

would remain similar to the number 

before the ban, with maximum use 

projected to increase from 13 per day in 

2002 to 16 per day in 2012. For 

example, the estimated use in 2002 if 

PWC were allowed would have been 52 

Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Proposed Rules 65559

PWC-hours per day in the designated 

use area. Daily peak operation times 

would increase in 2012 to 64 PWChours in the designated use area. Water 

quality impacts east of Miners Beach 

would be reduced compared to before 

the ban, since PWC use would not be 

allowed in this area. 

PWC users would operate within the 

designated use area because of the 

closure of other areas to the east and 

proximity to the launch facility at Sand 

Point. The Sand Point area would have 

the highest use and highest pollutant 

loads. This location also tends to have 

shallower waters that extend for some 

distance offshore. Over the next 10 years 

PWC use in this area is projected to 

increase from 13 to 16 machines per 

day.

The calculated threshold volumes for 

pollutants emitted by personal 

watercraft and boats would range from 

0 to 240 acre-feet for the ecological 

criteria. The 1-methyl naphthalene 

volume for Sand Point (240 acre-feet) 

would be less than 1% of the volume 

available. These pollutant 

concentrations are well below the water 

quality benchmarks and would likely 

not be detectable. Cumulative ecological 

impacts under this proposal would be 

negligible. 

Threshold volumes for the human 

health criteria range from 0 to 10,800 

acre-feet. Benzene emissions in the 

Sand Point area would have the highest 

concentrations and would require 45% 

of the total water volume available 

within the 0.25-mile jurisdictional 

boundary for dilution. Benzene levels 

would be below the human health 

criterion. Similar to before the ban, 

dilution with adjacent waters and 

volatilization would occur and therefore 

cumulative human health based impacts 

would be negligible to minor. If the 

State water quality standard for benzene 

was used in place of the EPA criterion, 

estimated human health impacts from 

benzene would be even lower. 

Total PAH concentrations in the 

designated use area with boating 

activity would equal or exceed 0.1

μg/L in 2002 and 2012. Although the 

calculated levels are well below aquatic 

life benchmarks, the concentrations 

could have a minor to moderate adverse 

impact to aquatic life due to phototoxic 

effects. 

Future (2012) pollutant loads would 

decrease, despite increased boating 

traffic, due to reductions in engine 

emissions. Impact levels for cumulative 

actions would be negligible to moderate, 

depending on the location and pollutant 

type. All effects would be short term 

and would occur during the times of 

heaviest use. 

In conclusion, based on analyses for 

individual pollutants, this proposal 

would have negligible to minor adverse 

effects on water quality due to 

continued PWC use. No impacts would 

occur east of Miners Beach where PWC 

use would be restricted under this 

proposed rule. While all pollutant loads 

would be well below benchmarks and 

criteria, PAH concentrations in the Sand 

Point segment and the western Cliffs 

segment could have negligible to 

moderate adverse phototoxic effects on 

aquatic life. 

Cumulative impacts from PWC and 

motorized boat use would range from 

negligible to moderate. No impacts 

would occur in the Beaver Basin 

segment. Total PAH concentrations 

could be a concern for aquatic life, due 

to potential phototoxicity. Benzene 

concentrations could be detectable, but 

are expected to remain below the 

human health criterion. By 2012 

impacts would be reduced substantially 

through improved emission controls. 

Air Quality 

Personal watercraft emit various 

compounds that pollute the air. In the 

two-stroke engines commonly used in 

personal watercraft, the lubricating oil is 

used once and is expelled as part of the 

exhaust; and the combustion process 

results in emissions of air pollutants 

such as volatile organic compounds 

(VOC), nitrogen oxides (NOX), 

particulate matter (PM), and carbon 

monoxide (CO). Personal watercraft also 

emit fuel components such as benzene 

that are known to cause adverse health 

effects. Even though PWC engine 

exhaust is usually routed below the 

waterline, a portion of the exhaust gases 

go into the air. These air pollutants may 

adversely impact park visitor and 

employee health, as well as sensitive 

park resources. 

For example, in the presence of 

sunlight VOC and NOX emissions 

combine to form ozone. Ozone causes 

respiratory problems in humans, 

including cough, airway irritation, and 

chest pain during inhalations. Ozone is 

also toxic to sensitive species of 

vegetation. It causes visible foliar injury, 

decreases plant growth, and increases 

plant susceptibility to insects and 

disease. Carbon monoxide can affect 

humans as well. It interferes with the 

oxygen carrying capacity of blood, 

resulting in lack of oxygen to tissues. 

NOX and PM emissions associated with 

PWC use can also degrade visibility. 

NOX can also contribute to acid 

deposition effects on plants, water, and 

soil. However, because emission 

estimates show that NOX from personal 

watercraft are minimal (less than 5 tons 

per year), acid deposition effects 

attributable to personal watercraft use 

are expected to be minimal. 

Under this proposed rule the number 

of personal watercraft used daily in the 

lakeshore would follow similar trends 

as before the ban, ranging from 13 in 

2002 to 16 in 2012. The impacts of 

continued PWC use within the 

lakeshore, but with restrictions east of 

Miners Beach, would be the negligible, 

since the emissions would all be less 

than 50 tons/year. All pollutant loads 

would be less than 20 tons/year, with 

negligible to moderate impact levels. 

As stated above, the number of 

personal watercraft operating within 

Pictured Rocks National Lakeshore 

would be similar to the number before 

the ban, except that PWC use would be 

prohibited east of Miners Beach. 

Therefore, PWC-related activities would 

result in negligible adverse impacts for 

all pollutants and would range from 

negligible to moderate adverse for air 

quality impact levels. 

Soundscapes 

Daily PWC use levels would be 

similar to the number before the ban, 

with a slight change in the area of use. 

Under this proposal there would be an 

estimated 13 personal watercraft per day 

in the designated use area. No PWC use 

would be allowed east of Miners Beach. 

In most cases, personal watercraft 

would be dispersed along 8 miles of the 

lakeshore so that operating craft would 

be infrequent at any given location. At 

the areas that have the highest visitor 

use, such as Sand Point, PWC noise 

would be diluted by the sounds from 

wind, waves, other visitors, and 

motorboats. In general, the use of 

personal watercraft would result in 

negligible adverse impacts where other 

users are concentrated, such as at 

overlooks and beaches. Within the 

designated PWC use area, PWC noise 

would be heard frequently but would 

not be overly disruptive to visitors 

because of the high degree of activity 

that occurs within the area. Thus, PWC 

noise would have a moderate adverse 

impact on the soundscapes in the area 

of designated use. 

Backcountry users, particularly in the 

Beaver Basin segment and along the 

North Country National Scenic Trail, 

tend to be more sensitive to sound 

levels and PWC activity. The 

intolerance to PWC noise by 

backcountry users was documented in 

the summer 2000 visitor survey. Under 

this proposed rule personal watercraft 

would be prohibited east of Miners 

Beach. Backcountry users in this area 

might still hear infrequent PWC noise 

since personal watercraft could still 

65560 Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Proposed Rules 

operate outside the 0.25-mile boundary. 

Thus, eliminating PWC use from the 

eastern portions of the lakeshore would 

have minor beneficial impacts to the 

soundscape because related noise would 

be less frequent and at a greater distance 

from shore.

Overall, this proposed rule would 

have a minor beneficial effect east of 

Miners Beach and a moderate adverse 

effect near Sand Point and Miners Beach 

on days when PWC use was relatively 

heavy. Negligible impacts would occur 

when use was occasional and distanced 

from other park users, for example, PWC 

users operating far from shore. Moderate 

adverse impacts would occur mainly 

where PWC use would conflict with 

other quieter uses, such as fishing, 

beach uses, or backcountry camping. In 

general, the impact to those seeking a 

quiet visitor experience would most 

likely be short-term and minor because 

PWC use would not be constant 

throughout the day and because the 

enjoyment of the typical visitor 

activities in the area would not be 

compromised. Overall, this proposal 

would result in a net minor beneficial 

to moderate adverse impact on the 

soundscape of Pictured Rocks National 

Lakeshore. All impacts would be 

temporary, since noise would usually be 

for limited times. 

Therefore, noise from personal 

watercraft would continue to have 

short- and long-term, moderate adverse 

impacts in the area of designated use. 

Impact levels would be related to the 

number of personal watercraft 

operating, as well as the sensitivity of 

other visitors. Eliminating PWC use east 

of Miners Beach would have minor 

beneficial impacts. 

Wildlife and Wildlife Habitat 

Some research suggests that personal 

watercraft affect wildlife by interrupting 

normal activities. This is thought to be 

caused by PWC speed, noise, and 

access. Flight response is the most likely 

impact of PWC use; the most likely 

occurrence of PWC-induced flight 

would be on Lake Superior. Impacts to 

sensitive species at Pictured Rocks, such 

as loons, peregrine falcons, and piping 

plovers, are documented under 

‘‘Threatened, Endangered, or Special 

Concern Species.’’

The number of PWC users in the 

lakeshore would be similar to the 

number before the ban, except use 

would be prohibited east of Miners 

Beach. Wildlife impacts under this 

proposal would be similar to those that 

existed before the ban on PWC use. Due 

to the low habitat productivity and lack 

of colonial wildlife along the lakeshore, 

as well as the low number of personal 

watercraft in use, impacts to wildlife 

and wildlife habitat due to PWC activity 

would be negligible at most locations. 

Closing eastern portions of the lakeshore 

to PWC use would have negligible 

beneficial impacts. Over the next 10 

years impacts would continue to be 

negligible since PWC numbers would 

not increase substantially. All wildlife 

impacts would be temporary. 

Therefore, due to the 200′ distance 

that PWC users are required to operate 

at flat wake speed in proximity to the 

shoreline, impacts on wildlife and 

wildlife habitat would be negligible at 

most locations. Prohibiting PWC use 

east of Miners Beach would have 

negligible beneficial impacts. 

Threatened, Endangered, or Special 

Concern Species 

The same issues described for PWC 

use and general wildlife also pertain to 

special concern species. Potential 

impacts from personal watercraft 

include inducing flight and alarm 

responses, disrupting normal behaviors 

and causing stress, degrading habitat 

quality, and potentially affecting 

reproductive success. Special status 

species at the recreation area include 

Federal or State listed threatened, 

endangered, or candidate species. 

The Endangered Species Act (16 

U.S.C 1531 et seq.) mandates that all 

Federal agencies consider the potential 

effects of their actions on species that 

are listed as threatened or endangered. 

If the National Park Service determines 

that an action may adversely affect a 

Federally listed species, consultation 

with the U.S. Fish and Wildlife Service 

is required to ensure that the action will 

not jeopardize the species’ continued 

existence or result in the destruction or 

adverse modification of critical habitat. 

The animal species at Pictured Rocks 

National Lakeshore that have the 

potential to be affected by this proposed 

rule include the federally listed piping 

plover and the State listed peregrine 

falcon and common loon. Plant species 

include the federally listed pitcher’s 

thistle and the State listed Lake Huron 

tansy. 

This proposal would allow continued 

PWC use from the western park 

boundary to the east end of Miners 

Beach. PWC use would be prohibited 

east of Miners Beach. Potential effects 

would be similar to those that existed 

before the ban and would be limited to 

interactions with wildlife farther than 

200 feet from shore or to personal 

watercraft landing on shore. 

Piping Plover—PWC use would not be 

allowed within the Grand Sable 

segment, where potential habitat exists, 

and there would be no effect on the 

piping plover. If plovers ever became 

established in the western end of the 

lakeshore, then mitigating actions could 

be required to minimize any adverse 

effect from PWC use. 

Common Loon and Peregrine 

Falcon—Interactions between personal 

watercraft and loons or falcons would 

have the same impacts as before the ban 

and would not likely adversely affect 

peregrine falcons or loons. Interactions 

between personal watercraft and loons 

or falcons would have the same impacts 

as before the ban and would not likely 

adversely affect peregrine falcons or 

loons. 

Pitcher’s Thistle and Lake Huron 

Tansy—PWC use would not be allowed 

within the Grand Sable segment, where 

these plants are known to exist. 

Therefore, this proposal would affect 

the pitcher’s thistle or the Lake Huron 

tansy. Restoration activities proposed 

for 2002 would have a beneficial effect 

on the thistle and the tansy. 

Overall, PWC use would have no 

effect on the piping plover, the pitcher’s 

thistle, or the Lake Huron tansy, and 

would not be likely to adversely affect 

the common loon or the peregrine 

falcon since interactions would be 

extremely limited. 

Cumulative effects for PWC users and 

other visitors would be similar to before 

the ban on PWC use and would not 

likely adversely affect concerned 

species or their habitat. PWC use would 

have no effect in the eastern portions of 

the lakeshore. 

Piping Plover—There has been no 

evidence of plover use in the national 

lakeshore since 1992. PWC use or 

motorized boating would not be allowed 

in areas where critical plover habitat has 

been designated in the eastern end of 

the lakeshore. No direct effect on the 

piping plover is anticipated. If plovers 

started using habitat within Pictured 

Rocks National Lakeshore, then PWC 

and visitor activity would have the 

potential for adverse effects, and 

mitigating measures would be taken. 

Therefore, PWC use would have no 

cumulative effect on the piping plover, 

the pitcher’s thistle, or the Lake Huron 

tansy and would not be likely to 

adversely affect the common loon or the 

peregrine falcon since interactions 

would be extremely limited. 

Shoreline Vegetation

PWC are able to access areas that 

other types of watercraft may not, which 

may cause direct disturbance to 

vegetation. Indirect impact on shoreline 

vegetation may occur through trampling 

if operators disembark and engage in 

activities on shore. In addition, wakes 

created by personal watercraft may 

Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Proposed Rules 65561

affect shorelines through erosion by 

wave action. The proposed rule aims to 

limit these disturbances to the shoreline 

areas. 

PWC use under the proposed rule 

would continue to be allowed in the 

designated use area but use would be 

prohibited east of Miners Beach. PWC 

impacts to shoreline vegetation would 

be similar to those before the ban, since 

the number of PWC users would be 

comparable, although use areas would 

be modified. Impacts to vegetation east 

of Miners Beach would be negligible 

and beneficial since users would no 

longer have access to shoreline areas. 

Continued PWC use in other areas 

would have negligible adverse impacts 

to sensitive shoreline vegetation over 

the short and long term, with no 

perceptible changes in plant community 

size, integrity, or continuity. 

Therefore, PWC use would have 

negligible adverse impacts in the 

designated uea area over the short and 

long term because there have been no 

perceptible changes to plant community 

size, integrity or continuity, and none 

are expected in the future (2012). PWC 

restrictions east of Miners Beach would 

result in negligible beneficial impacts to 

shoreline vegetation. 

Visitor Experience 

The proposed rule would provide 

park visitors with a high-quality 

experience and manage potential 

conflicts between PWC use and other 

park visitors. PWC use under this 

proposal would continue to be allowed 

in the designated use area and PWC use 

would be prohibited east of Miners 

Beach. Of the 13 to 16 personal 

watercraft operating in the lakeshore 

during peak use, these restrictions 

would affect an estimated five to six 

PWC operators by changing their 

location of use. Additionally, PWC 

operation would be restricted at certain 

locations during the permitted use of 

ethnographic resources. 

Impact on PWC Users—By prohibiting 

PWC use east of Miners Beach, there 

would be no use at Twelvemile Beach. 

Additionally, more PWC riders would 

stay within the west end of the park, 

between Munising and Miners Beach. 

Most PWC users (estimated at 60%) 

would have little or no noticeable 

change in their location of operation. 

They could, however, notice more 

personal watercraft operating within the 

8 miles of the shoreline open to PWC 

use. Voluntarily extending operations 

farther from shore would likely offset 

this increase in density. Under this 

proposal PWC users would be limited in 

their location of operation and could be 

affected by a slight increase in density 

of use. As a result, visitors who use 

personal watercraft at Pictured Rocks 

National Lakeshore would experience 

moderate adverse impacts. 

Impact on Frontcountry Visitors—

Swimmers, hikers, and other visitors to 

the Sand Point, Miners Beach, and 

Miners Castle areas would have slightly 

more contact with PWC operators than 

before the ban because PWC use would 

only be allowed along this stretch of the 

lakeshore and would be prohibited east 

of Miners Beach. The increased amount 

of contact would not be noticeable in 

comparison to existing conditions since 

most activities occur in this stretch of 

the lakeshore. PWC activity near Sand 

Point, Miners Beach, and Miners Castle 

would have negligible adverse impacts 

on the experiences of swimmers, hikers, 

and other visitors because under State 

regulations personal watercraft must be 

operated at no-wake speed within 200 

feet of the shore and may only travel 

perpendicular to the shore. 

Visitors east of Miners Beach would 

no longer have contact with PWC users 

within the lakeshore’s 0.25-mile 

jurisdiction. Visitors to Chapel Beach 

and Twelvemile Beach, in particular, 

tend to look for quieter experiences. 

Therefore, this proposal would have a 

negligible beneficial impact to visitors 

east of Miners Beach. 

Impact on Backcountry Visitors—

Backcountry visitors east of Miners 

Beach would have decreased contact 

with PWC users, resulting in a moderate 

beneficial impact to their experiences. 

PWC restrictions would particularly 

enhance the experiences of wilderness 

visitors in the Beaver Basin segment. 

Visitors along the North Country 

National Scenic Trail within the Sand 

Point segment and the western one mile 

of the Cliffs segment would continue to 

be occasionally affected by PWC use, 

with a moderate adverse impact. 

Motorized boats and other visitors 

would continue to interact, with 

impacts the same as before the ban on 

PWC use. Cumulative impacts related to 

the use of personal watercraft, 

motorized boats, and other visitor 

activities would be negligible over the 

short and long term because there 

would be little noticeable change in the 

visitor experience for most visitors. 

Backcountry visitors east of Miners 

Beach would have moderate beneficial 

impacts because of decreased impacts 

from PWC use. Most visitors would 

continue to be satisfied with their 

experiences at Pictured Rocks National 

Lakeshore. 

Therefore, PWC users would be 

limited in their location of operation 

within the national lakeshore and could 

notice a slight increase in the density of 

use in the vicinity of Sand Point. As a 

result, they would experience moderate 

adverse impacts. Restricting PWC use 

east of Miners Beach would have 

negligible beneficial impacts on the 

experiences of most other visitors in the 

short and long term, and it would have 

long-term, moderate, beneficial impacts 

on those visitors desiring backcountry 

experiences with natural ‘‘quiet.’’ The 

level of PWC use would remain 

relatively low at lakeshore locations. 

When related to other visitor activities, 

PWC use would not appreciably limit 

the critical characteristics of visitor 

experiences. 

Visitor Conflict and Safety 

The proposed rule would minimize or 

reduce the potential for PWC user 

accidents and improve safety between 

PWC users and other water 

recreationists. This proposed rule 

assumes that PWC operations would be 

similar to before the ban, except that 

PWC use would be discontinued east of 

Miners Beach. As a result, the watercraft 

that normally operate in the eastern 

portions of the national lakeshore would 

be relocated to the western portion of 

the lakeshore. 

Personal Watercraft/Swimmer 

Conflicts—Impacts would be similar to 

before the PWC ban since the overall 

number of personal watercraft operating 

within the lakeshore would not change. 

PWC user/swimmer interactions would 

increase slightly in the Sand Point 

segment and the western one mile of the 

Cliffs segment because of a shift in PWC 

use from other locations. However, 

under State regulations PWC operators 

must travel at no-wake speed within 200 

feet of the shore and only perpendicular 

to the shore. The change in location for 

PWC operation would not be noticeable 

to other visitors and would continue to 

result in minor adverse impacts. In the 

remaining lakeshore locations there 

would be little or no conflict between 

PWC users and swimmers. No conflicts 

would occur east of Miners Beach, 

resulting in a negligible beneficial 

impact to these visitors.

Overall, PWC use would continue to 

have negligible to minor adverse 

impacts on most swimmers at Pictured 

Rocks National Lakeshore. Beneficial 

impacts would occur east of Miners 

Beach. Impacts would be perceptible to 

a relatively small number of visitors at 

localized areas, primarily at Sand Point 

and Miners Beach. 

Personal Watercraft/Other Boat 

Conflicts—Impacts would be similar to 

before the ban. Overall, PWC use would 

continue to have minor adverse impacts 

on other motorized boat users at 

Pictured Rocks National Lakeshore. 

65562 Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Proposed Rules 

Impacts would be perceptible to a 

relatively small number of visitors at 

localized areas, primarily at the Sand 

Point launch. 

Cumulative impacts would be similar 

to before the ban on PWC use. The 

natural separation of use between the 

various lakeshore visitors reduces the 

potential for conflicts. For this reason, 

the cumulative impact of the various 

user groups on visitor conflicts and 

safety would be negligible to minor over 

the short and long term. Beneficial 

impacts would occur east of Miners 

Beach. Impacts would be perceptible to 

a relatively small number of visitors at 

localized areas, primarily at the Sand 

Point beach. 

Therefore, continued PWC use would 

have short- and long-term, minor, 

adverse impacts on visitor conflicts and 

safety, particularly in the Sand Point 

area, due to the number of visitors and 

boats present on high use days. 

Conflicts at other locations would 

remain negligible because use is lower 

and conflicts would be less likely to 

occur. Conflicts would be eliminated 

east of Miners Beach, resulting in 

negligible, beneficial impacts. 

The Proposed Rule 

Under the proposed rule in § 7.32 

PWC use would be allowed to operate 

on the waters of Lake Superior within 

the boundaries of Pictured Rocks 

National Lakeshore from the western 

boundary of the lakeshore up to the east 

end of Miners Beach. This proposed 

rule would allow PWC use along the 

Lake Superior shoreline within the 

western end of the park, covering 

approximately 8 miles of shoreline. 

PWC use would be allowed under the 

following conditions: 

Personal watercraft may only be 

launched from a designated launch site 

at Sand Point. 

PWC users may beach their craft on 

Miners Beach, however no launching or 

retrieving of the craft may occur at 

Miners Beach. 

PWC users may not launch or operate 

in any other area of the lakeshore. 

The superintendent may temporarily 

limit, restrict, or terminate access to 

areas designated for PWC use after 

taking into consideration public health 

and safety, natural and cultural resource 

protection, and other management 

activities and objectives. 

PWC use would be restricted at 

specific locations during the permitted 

use of ethnographic resources. Boat 

patrols would be conducted in the 

vicinity of the ethnographic resource 

use in order to reduce the potential for 

PWC-related intrusion into the 

ceremonial activity. 

PWC users must comply with the 

requirements of the Michigan Personal 

Watercraft Safety Act of 1998 (Public 

Act 116), including the requirement to 

operate at flat wake speed within 200′

of the shoreline, and related regulations. 

Compliance with Other Laws 

Regulatory Planning and Review 

(Executive Order 12866) 

This document is a significant rule 

and has been reviewed by the Office of 

Management and Budget under 

Executive Order 12866. 

(1) This rule will not have an effect of 

$100 million or more on the economy. 

It will not adversely affect in a material 

way the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities. 

The National Park Service has 

completed the report ‘‘Economic 

Analysis of Personal Watercraft 

Regulations in Pictured Rocks National 

Lakeshore’’ (RTI, International, 

November 2004). 

(2) This rule will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency. Actions taken under 

this rule will not interfere with other 

agencies or local government plans, 

policies or controls. This rule is an 

agency specific rule. 

(3) This rule does not alter the 

budgetary effects of entitlements, grants, 

user fees, or loan programs or the rights 

or obligations of their recipients. This 

rule will have no effects on 

entitlements, grants, user fees, or loan 

programs or the rights or obligations of 

their recipients. No grants or other 

forms of monetary supplements are 

involved. 

(4) This rule does raise novel legal or 

policy issues. This rule is one of the 

special regulations being issued for 

managing PWC use in National Park 

Units. The National Park Service 

published general regulations (36 CFR 

3.24) in March 2000, requiring 

individual park areas to adopt special 

regulations to authorize PWC use. The 

implementation of the requirement of 

the general regulation continues to 

generate interest and discussion from 

the public concerning the overall effect 

of authorizing PWC use and National 

Park Service policy and park 

management. 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this rulemaking 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 a report entitled report 

‘‘Economic Analysis of Personal 

Watercraft Regulations in Pictured 

Rocks National Lakeshore’’ (RTI, 

International, November 2004). 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

This 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 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. This 

rule is an agency specific rule and does 

not impose any other requirements on 

other agencies, governments, or the 

private sector. 

Takings (Executive Order 12630)

In accordance with Executive Order 

12630, the rule does not have significant 

takings implications. A taking 

implication assessment is not required. 

No taking of personal property will 

occur as a result of this rule. 

Federalism (Executive Order 13132) 

In accordance with Executive Order 

13132, the rule does not have sufficient 

Federalism implications to warrant the 

preparation of a Federalism Assessment. 

This proposed rule only affects use of 

NPS administered lands and waters. It 

has no outside effects on other areas by 

allowing PWC use in specific areas of 

the park. 

Civil Justice Reform (Executive Order 

12988) 

In accordance with Executive Order 

12988, the Office of the Solicitor has 

determined that this rule does not 

unduly burden the judicial system and 

meets the requirements of sections 3(a) 

and 3(b)(2) of the Order. 

Paperwork Reduction Act 

This regulation does not require an 

information collection from 10 or more 

Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Proposed Rules 65563

parties and a submission under the 

Paperwork Reduction Act is not 

required. An OMB Form 83–I is not 

required. 

National Environmental Policy Act 

As a companion document to this 

NPRM, NPS has issued the Personal 

Watercraft Use Environmental 

Assessment for Pictured Rocks National 

Lakeshore and subsequent errata sheet. 

The environmental assessment was 

available for public review and 

comment for the period August 1 

through November 15, 2004. To request 

a copy of the document and errata sheet 

contact Superintendent, Pictured Rocks 

National Lakeshore, N8391 Sand Point 

Road, P.O. Box 40, Munising, MI 49862–

0040. A copy of the Environmental 

Assessment and errata sheet may also be 

found at www.nps.gov/piro. 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government to Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951) and 512 

DM 2, we have evaluated potential 

effects on Federally recognized Indian 

tribes and have determined that there 

are no potential effects. 

Clarity of Rule 

Executive Order 12866 requires each 

agency to write regulations that are easy 

to understand. We invite your 

comments on how to make this rule 

easier to understand, including answers 

to questions such as the following: (1) 

Are the requirements in the rule clearly 

stated? (2) Does the rule contain 

technical language or jargon that 

interferes with its clarity? (3) Does the 

format of the rule (grouping and order 

of sections, use of headings, 

paragraphing, etc.) aid or reduce its 

clarity? (4) Would the rule be easier to 

read if it were divided into more (but 

shorter) sections? (A ‘‘section’’ appears 

in bold type and is preceded by the 

symbol ‘‘§ ’’ and a numbered heading; 

for example [§ 7.32 Pictured Rocks 

National Lakeshore] (5) Is the 

description of the rule in the 

‘‘Supplementary Information’’ section of 

the preamble helpful in understanding 

the proposed rule? What else could we 

do to make the rule easier to 

understand? 

Send a copy of any comments that 

concern how we could make this rule 

easier to understand to: Office of 

Regulatory Affairs, Department of the 

Interior, Room 7229, 1849 C Street, 

NW., Washington, DC 20240. You may 

also e-mail the comments to this 

address: Exsec@ios.doi.gov.

Drafting Information: The primary 

authors of this regulation are: Larry 

Hach, Chief Ranger, Pictured Rocks 

National Lakeshore; Sarah Bransom, 

Environmental Quality Division; and 

Kym Hall, Special Assistant. 

Public Participation 

Comments on the proposed rule 

should be mailed to N8391 Sand Point 

Road, P.O. Box 40, Munising, MI 49862–

0040. Comments may also be sent by email to PIRO@den.nps.gov. If you 

comment by e-mail, please include 

‘‘PWC rule’’ in the subject line and your 

name and return address in the body of 

your Internet message. 

Our practice is to make comments, 

including names and addresses of 

respondents, available for public review 

during regular business hours. 

Individual respondents may request that 

we withhold their home address from 

the rulemaking record, which we will 

honor to the extent allowable by law. If 

you wish us to withhold your name 

and/or address, you must state this 

prominently at the beginning of your 

comment. However, we will not 

consider anonymous comments. We 

will make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials or 

organizations or businesses, available 

for public inspection in their entirety.

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 

1. The authority for Part 7 continues 

to read as follows:

Authority: 16 U.S.C. 1, 3, 9a, 460(q), 

462(k); Sec. 7.96 also issued under DC Code 

8–137(1981) and DC Code 40–721 (1981).

2. Amend § 7.32 by adding paragraph 

(d) to read as follows:

§ 7.32 Pictured Rocks National Lakeshore.

* * * * *

(d) Personal Watercraft (PWC). (1) 

PWC are allowed on the waters within 

Pictured Rocks National Lakeshore, 

from the western boundary of the 

lakeshore to the east end of Miners 

Beach. 

(2) PWC may only be launched from 

a designated launch site at Sand Point. 

(3) At Sand Point Beach and Miners 

Beach, PWC users may only beach their 

craft. 

(4) The Superintendent may 

temporarily limit, restrict, or terminate 

access to the areas designated for PWC 

use after taking into consideration 

public health and safety, natural and 

cultural resource protection, and other 

management activities and objectives.

Dated: November 4, 2004. 

Paul Hoffman, 

Deputy Assistant Secretary, Fish and Wildlife 

and Parks.

[FR Doc. 04–25318 Filed 11–12–04; 8:45 am] 

BILLING CODE 4310–70–P

POSTAL RATE COMMISSION

39 CFR Part 3001 

[Docket No. RM2005–1; Order No. 1423] 

Periodic Reporting Rule

AGENCY: Postal Rate Commission.

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: This document addresses a 

dispute that has arisen over the Postal 

Service’s compliance with certain 

periodic reporting rules. These rules are 

intended to facilitate participation in 

Commission proceedings by providing 

the public with data and information on 

cost methodologies and other matters. 

This notice describes the dispute and 

invites comments on this development, 

including suggestions on possible rule 

changes.

DATES: Initial Comments: December 6, 

2004; Reply Comments: January 6, 2005.

FOR FURTHER INFORMATION CONTACT:

Stephen L. Sharfman, General Counsel, 

(202) 789–6818.

SUPPLEMENTARY INFORMATION: 

Regulatory History 

68 FR 2272, January 16, 2003. 

68 FR 65348, November 19, 2003. 

Summary 

The Postal Rate Commission amended 

its Rules Applicable to the Filing of 

Reports by the U.S. Postal Service in its 

Order No. 1386, issued November 3, 

2003. That order updated the rules to 

reflect new data systems and 

methodologies, and increased the 

amount of information the Postal 

Service was to submit to assist the 

Commission and foster effective public 

participation in Administrative 

Procedure Act (APA) hearings pursuant 

to 39 U.S.C. 3624. 

The Postal Service opposed expansion 

of its obligations under 39 CFR