[Federal Register Volume 87, Number 21 (Tuesday, February 1, 2022)]
[Rules and Regulations]
[Pages 5402-5405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02015]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-PIRO-32442; PPMWPIRON0 PPMRSNR1Z.Y00000 200P103601]
RIN 1024-AE53


Pictured Rocks National Lakeshore; Snowmobiles

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: The National Park Service amends its special regulations for 
Pictured Rocks National Lakeshore to clarify where snowmobiles may be 
used within the boundaries of the Lakeshore by naming several 
snowmobile routes that are not currently identified. The rule replaces 
general language allowing snowmobiles on unplowed roads and the 
shoulders of plowed roads with a comprehensive list of designated 
snowmobile routes. The changes will provide greater certainty to the 
public by removing ambiguity in the current regulations about where 
snowmobiles are allowed. The use of snowmobiles within areas of the 
National Park System is prohibited except on routes and water surfaces 
designated by special regulation.

DATES: This rule is effective March 3, 2022.

ADDRESSES: The comments received on the proposed rule are available on 
http://www.regulations.gov in Docket ID: NPS-2020-0005.

FOR FURTHER INFORMATION CONTACT: David Horne, Superintendent, Pictured 
Rocks National Lakeshore, (906) 387-2607 ext. 1202, 
<a href="/cdn-cgi/l/email-protection#c8aca9bea1ac97a0a7baa6ad88a6b8bbe6afa7be"><span class="__cf_email__" data-cfemail="b2d6d3c4dbd6eddaddc0dcd7f2dcc2c19cd5ddc4">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

Significance of the Lakeshore

    Colorful sandstone cliffs tower 50 to 200 feet above the vast and 
glistening fresh water of Lake Superior. Deep shoreline forests open 
onto sparking inland lakes, gurgling streams, and waterfalls. Sand 
dunes perch atop miles of high sand bluffs and unspoiled beaches. 
Beaver-chewed tree stumps, a raven's nest balanced high on a rocky 
ledge, and cloven deer tracks imprinted in the mud hint at the 
abundance of wildlife that inhabit the beautiful and diverse landscape. 
These features create the spectacular setting that is Pictured Rocks 
National Lakeshore. Congress established this location as the country's 
first national lakeshore in 1966 to preserve the shoreline, cliffs, 
beaches, and dunes, and to provide an extraordinary place for 
recreation and discovery. Little more than 6 miles across at its widest 
point, the Lakeshore hugs Lake Superior's shoreline for nearly 40 
miles. The Lakeshore consists of two zones: The Lakeshore Zone, federal 
land managed by the National Park Service (NPS); and the Inland Buffer 
Zone, a mixture of federal, state, and private land. Together these 
zones encompass nearly 73,000 acres of protected land and water that 
stretch from Munising to Grand Marais, Michigan. Attractions at the 
Lakeshore include a lighthouse and former Coast Guard 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.

NPS Management Authority Over Snowmobile Use

    The NPS manages the Lakeshore under the NPS Organic Act (54 U.S.C. 
100101 et seq.), which gives the NPS broad authority to regulate the 
use of the lands and waters under its jurisdiction. The Organic Act 
authorizes the

[[Page 5403]]

Secretary of the Interior, acting through the NPS, to ``make and 
publish such regulations the Secretary considers necessary or proper 
for the use and management of [National Park] System units.'' In the 
Lakeshore's enabling act, Congress directed the Secretary of the 
Interior, acting through the NPS, to preserve the Lakeshore for the 
benefit, inspiration, education, recreational use, and enjoyment of the 
public. 16 U.S.C. 460s.
    Executive Order 11644, ``Use of Off-Road Vehicles on the Public 
Lands,'' issued in 1972 and amended by Executive Order 11989 in 1977, 
requires federal agencies to issue regulations for the designation of 
specific areas and routes on public lands where off-road vehicles, 
including snowmobiles, may be used. The NPS implemented the Executive 
Order as it relates to snowmobiles in 36 CFR 2.18. Under 36 CFR 
2.18(c), the use of snowmobiles is prohibited, except on designated 
routes and water surfaces used by motor vehicles or motorboats during 
other seasons. These routes and water surfaces must be designated by 
special regulation and only when their use is consistent with the 
park's natural, cultural, scenic and aesthetic values; safety 
considerations; and park management objectives; and will not disturb 
wildlife or damage park resources.

Management of Snowmobiles at the Lakeshore

    Snowmobiling is a popular activity in and around the Lakeshore. In 
the winter, a number of unplowed roads lead to major points of 
interest, particularly the rock formations at Miners Castle and the 
tall dunes at Log Slide. Existing special regulations for the Lakeshore 
at 36 CFR 7.32 allow snowmobiles on the frozen waters of Lake Superior 
and Grand Sable Lake. They also state that snowmobiles are allowed on 
the major visitor use roads that are unplowed, or on road shoulders of 
plowed roads. Snowmobiles are prohibited elsewhere in the Lakeshore, 
including cross-country travel and travel on non-motorized trails. 
After this general statement about where snowmobiles are allowed in the 
Lakeshore, the special regulations list nine ``designated snowmobile 
routes'' that are roads used by motor vehicles during other seasons.
    In 2018, the NPS met with the Alger Road County Commission about 
rerouting a snowmobile route from an unplowed, paved county road 
(County Highway H-58) to an unplowed, scenic dirt road, part of which 
runs through the Lakeshore. During this meeting, the NPS recognized 
that although there is a general designation in the special regulations 
allowing snowmobiles on all unplowed roads within the Lakeshore, the 
rerouted trail was not on the list of designated snowmobile routes. 
This led to a discussion about whether the special regulations for the 
Lakeshore could be revised to identify, for the benefit of the public, 
each route within the Lakeshore where snowmobiles are allowed. This 
would remove ambiguity in the existing regulations about whether 
snowmobiles are allowed on unplowed roads or the shoulders of plowed 
roads that are not identified in the list of ``designated snowmobile 
routes.'' This would also bring the special regulations for the 
Lakeshore into full compliance with 36 CFR 2.18, which requires that 
snowmobiles routes be promulgated as special regulations. Clarifying 
where snowmobiles are allowed would have the added benefit of making it 
easier for NPS law enforcement officers to enforce the prohibition of 
snowmobile use off designated routes. This would help the NPS meet its 
statutory mandates to preserve the resources of the Lakeshore.

Final Rule

    This rule revises the special regulations for the Lakeshore at 36 
CFR 7.32 to identify all routes and water surfaces within the Lakeshore 
where snowmobiles may be used. Some of these routes are already 
identified in the special regulations in paragraphs (a)(1)(i)-(ix) and 
remain as designated routes. Other routes are not identified in the 
special regulations and are added in paragraphs (a)(1)(x)-(xv). All 
designated routes are roads used by motor vehicles during other 
seasons. If a route is plowed, the rule limits snowmobiles to road 
shoulders consistent with existing regulations. The rule continues to 
identify the frozen waters of Lake Superior and Grand Sable Lake as 
open to snowmobiles, redesignating paragraph (a)(1)(x) as (a)(1)(xvi). 
These waters are open to motorboats during other seasons.
    The rule removes the general designation of all unplowed roads and 
shoulders of plowed roads to make it clear that if a location is not on 
the list of designated routes and water surfaces, snowmobiles are 
prohibited. The NPS does not expect these changes to affect visitor use 
patterns within the Lakeshore because the NPS already allows 
snowmobiles on the unplowed roads and shoulders of plowed roads 
consistent with the general designation in the special regulations. The 
public may become aware of legal snowmobile routes that are not listed 
in the existing special regulations which could lead to increased 
recreation and access. On the other hand, the public may become aware 
that snowmobiles are not allowed in locations where before it had been 
unclear. The NPS expects these circumstances to be exceptional and not 
notable consequences of the rule. The goal of the changes is to provide 
the public with simple and easy-to-understand rules about snowmobile 
use that minimize the potential for uncertainty.
    The rule also states that the Superintendent may open or close 
designated routes and water surfaces, or portions thereof, to 
snowmobile travel after taking into consideration the location of 
wintering wildlife, appropriate snow cover, public safety, and other 
factors. The rule requires the Superintendent to notify the public of 
any such actions using one or more of the methods in 36 CFR 1.7(a).
    Finally, the rule makes minor changes to the descriptions of three 
routes that are already designated in the special regulations. In 
paragraph (a)(1)(v), the rule fixes a typo by replacing the term 
``Country Road'' with the term ``County Road.'' In paragraphs 
(a)(1)(viii) and (a)(1)(ix), the rule clarifies that the designated 
roads no longer go directly to the Log Slide, and instead terminate at 
the Log Slide parking area.

Summary of Public Comments

    The NPS published a proposed rule in the Federal Register on 
November 6, 2020 (85 FR 71017) and accepted comments through the mail, 
by hand delivery, and through the Federal eRulemaking Portal at http://www.regulations.gov. The comment period closed on January 5, 2021. The 
NPS received four comments on the proposed rule. Below are summaries of 
the pertinent issues raised in the comments and responses from the NPS. 
After considering the public comments and after additional review, the 
NPS did not make any changes to the proposed rule.
    1. Comment: Several commenters raised concerns about the impacts of 
snowmobile use on wildlife, undersnow plants, and other park visitors.
    NPS Response: This rule does not change where snowmobiles are 
allowed within the Lakeshore. It clarifies where snowmobiles are 
already allowed by identifying each legal snowmobile route within the 
Lakeshore. This replaces the existing regulations which have an 
incomplete list of snowmobile routes coupled with a general statement 
allowing snowmobiles on unplowed roads and shoulders of plowed roads. 
The NPS did not evaluate the impacts

[[Page 5404]]

of snowmobile use on resources and visitors in connection with this 
rule because the rule does not change the allowed level of use.
    Visitors use the Lakeshore for a variety of recreational 
experiences. Snowmobiling on designated routes will not prevent access 
to the Lakeshore for other recreational uses including backcountry 
skiing, camping, snowshoeing, and wildlife viewing. The NPS believes 
that visitors should have the opportunity to experience the unique 
resources and values for which the Lakeshore was established during the 
winter season. Snowmobiles provide visitors with an efficient means of 
winter transport onto and through the park. Some form of over-snow 
travel is necessary to allow visitors to access areas of the park that 
cannot reasonably be reached using non-motorized means of 
transportation. Restricting snowmobile travel to designated routes 
confines potential wildlife disturbance and resource impacts to 
specific corridors. This rule gives the Superintendent the authority to 
open or close routes and water surfaces, or portions thereof, to 
snowmobile travel after taking into consideration the location of 
wintering wildlife, appropriate snow cover, public safety, and other 
factors.
    2. Comment: One commenter called for a complete ban on snowmobiles 
in the Lakeshore.
    Response: Much of the snowmobile use within the boundaries of the 
Lakeshore occurs on roads that are not under NPS jurisdiction but do 
provide access to routes on NPS-administered land. The routes not under 
NPS jurisdiction include but are not limited to H-58, Miners Castle 
Road, and Chapel Road. The Lakeshore has approximately 17 miles of 
designated routes under its jurisdiction. There are about 50 miles of 
snowmobile roads within the boundaries of the Lakeshore that are not 
under NPS jurisdiction. Banning snowmobile use on NPS-administered land 
would make the contiguous use of snowmobile routes within the 
boundaries of the Lakeshore impossible.
    The NPS has managed snowmobile use in the Lakeshore for several 
decades. Snowmobiles have been an integral part of the winter 
experience at the Lakeshore since they first entered in 1982. At that 
time, the NPS prepared an Environmental Assessment and a Determination 
of Effects of Rules. These documents concluded that snowmobile use at 
the Lakeshore is consistent with the Lakeshore's natural, cultural, 
scenic, and aesthetic values, safety considerations, and management 
objectives, and will not disturb wildlife or damage national lakeshore 
resources. This determination was affirmed in 2004 when the NPS 
released the current General Management Plan for the Lakeshore. The 
document can be found online at https://www.nps.gov/piro/learn/management/gmp.htm.

Compliance With Other Laws, Executive Orders and Department Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. The Office of Information and Regulatory 
Affairs has determined that this rule is not a significant regulatory 
action as defined by Executive Order 12866.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. The executive order directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563 
emphasizes further that regulations must be based on the best available 
science and that the rulemaking process must allow for public 
participation and an open exchange of ideas. The NPS has developed this 
rule in a manner consistent with these requirements.

Regulatory Flexibility Act

    The rule modifies special regulations for the Lakeshore to 
designate snowmobile routes on roads and water surfaces that are used 
by motor vehicles or motorboats during other seasons. For the reasons 
explained above, the rule is administrative in nature and not expected 
to change visitor use patterns at the Lakeshore because the NPS would 
not be allowing any new uses. The costs and benefits of a regulatory 
action are measured with respect to its existing baseline conditions. 
No changes are anticipated compared to baseline conditions because this 
regulatory action is administrative in nature with the intent to 
clarify existing regulations. In addition, this action will not impose 
restrictions on local businesses in the form of fees, training, record 
keeping, or other measures that would increase costs. Given those 
findings, this regulatory action will not impose a significant economic 
impact on a substantial number of small entities.

Congressional Review Act (CRA)

    This rule is not a major rule under 5 U.S.C. 804(2), the CRA. This 
rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, federal, State, or local government 
agencies, or geographic regions.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

    This rule will not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule will not have a significant or unique effect on State, 
local or tribal governments or the private sector. It addresses public 
use of national park lands, and imposes no requirements on other 
agencies or governments. A statement containing the information 
required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is 
not required.

Takings (Executive Order 12630)

    This rule will not effect a taking of private property or otherwise 
have takings implications under Executive Order 12630. A takings 
implication assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, the rule 
will not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement. This rule only 
affects use of federally-administered lands and waters. It has no 
outside effects on other areas. A federalism summary impact statement 
is not required.

Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. 
This rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

[[Page 5405]]

Consultation With Indian Tribes (Executive Order 13175 and Department 
Policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian tribes and recognition of their 
right to self-governance and tribal sovereignty. The NPS has evaluated 
this rule under the criteria in Executive Order 13175 and under the 
Department's tribal consultation policy and has determined that tribal 
consultation is not required because the rule will have no substantial 
direct effect on federally recognized Indian tribes.

Paperwork Reduction Act

    This rule does not contain information collection requirements, and 
a submission to the Office of Management and Budget under the Paperwork 
Reduction Act is not required. The NPS may not conduct or sponsor and 
the public is not required to respond to a collection of information 
unless it displays a currently valid OMB control number.

National Environmental Policy Act

    This rule does not constitute a major federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 (NEPA) is not 
required because the rule is covered by a categorical exclusion. The 
NPS has determined the rule is categorically excluded under NPS NEPA 
Handbook 2015 Section 3.3(A)(8) because this rule revises existing 
regulations for the Lakeshore in a manner that would not (i) increase 
public use to the extent of compromising the nature and character of 
the area or causing physical damage to it; (ii) introduce noncompatible 
uses that might compromise the nature and characteristics of the area 
or cause physical damage to it; (iii) conflict with adjacent ownerships 
or land uses; or (iv) cause a nuisance to adjacent owners or occupants. 
The rule does not change the allowed level of snowmobile use at the 
Lakeshore. It clarifies where snowmobiles are already allowed by 
replacing an incomplete list of routes and a general statement allowing 
snowmobiles on unplowed roads and shoulders of plowed roads with a 
comprehensive list of legal snowmobiles routes. The NPS has also 
determined that the rule does not involve any of the extraordinary 
circumstances listed in 43 CFR 46.215 that would require further 
analysis under NEPA.

Effects on the Energy Supply (Executive Order 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. The rule is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy, and the 
Administrator of OIRA has not designated the rule as a significant 
energy action. A Statement of Energy Effects is not required.

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 amends 
36 CFR part 7 as follows:

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

0
1. The authority for part 7 continues to read as follows:

    Authority:  54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also 
issued under D.C. Code 10-137 and D.C. Code 50-2201.07.

0
2. Amend Sec.  7.32 by:
0
a. Revising paragraph (a)(1) introductory text and paragraphs 
(a)(1)(v), (viii), and (ix);
0
b. Redesignating paragraph (a)(1)(x) as paragraph (a)(1)(xvi);
0
c. Adding new paragraph (a)(1)(x) and paragraphs (a)(1)(xi) through 
(xv);
0
d. Revising newly redesignated paragraph (a)(1)(xvi);
0
e. Revising paragraph (a)(3); and
0
f. Adding paragraph (a)(4).
    The revisions and additions to read as follows:


Sec.  7.32   Pictured Rocks National Lakeshore.

    (a) * * *
    (1) Snowmobiles are allowed on the following routes and water 
surfaces within Pictured Rocks National Lakeshore:
* * * * *
    (v) The road from County Road H-58 at the park boundary to the 
Little Beaver Lake Campground.
* * * * *
    (viii) The road from County Road H-58 to the Log Slide parking 
area.
    (ix) The section of Michigan Dimension Road from the park boundary 
to the Log Slide parking area.
    (x) The South Grand Sable Lake Road, starting at Towes Creek (T49N, 
R14W, Sections 14 and 23), heading south in and out of the fee zone 
area.
    (xi) Portions of County Road H-58 that are within park boundaries 
between Twelvemile Beach and Log Slide scenic overlook (T49N, R15W, 
Sections 9, 10, 11, 13, 14, and 16 and T49, 14W, Section 18).
    (xii) Portions of County Road H-58 that are within park boundaries 
between Log Slide Scenic Overlook and the Grand Sable Visitor Center 
(T49N, R14W, Sections 10, 11, 15, 16, and 17).
    (xiii) County Road H-58 between Grand Sable Visitor Center to the 
eastern extent of the park boundary (T49N, R14W, Sections 1, 11, and 
12).
    (xiv) Portions of Lowder Road that are within park boundaries from 
M77 to Grand Sable Lake Boat Ramp (T48N, R16W, Sections 21 and 29).
    (xv) Portions of Beaver Basin Overlook Road from County Road H-58 
to the Beaver Basin Overlook (T49N, R14W, Sections 11, and 12).
    (xvi) The frozen water surfaces of Lake Superior and Grand Sable 
Lake.
* * * * *
    (3) Snowmobile use outside designated routes and frozen water 
surfaces is prohibited. Snowmobiles are restricted to the road 
shoulders of routes that are plowed. The prohibitions in this paragraph 
do not apply to emergency administrative travel by employees of the 
National Park Service or law enforcement agencies.
    (4) The Superintendent may open or close these routes and water 
surfaces, or portions thereof, to snowmobile travel after taking into 
consideration the location of wintering wildlife, appropriate snow 
cover, public safety, and other factors. The Superintendent will 
provide notice of such opening or closing by one or more of the methods 
listed in Sec.  1.7(a) of this chapter.
* * * * *

Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2022-02015 Filed 1-31-22; 8:45 am]
BILLING CODE 4312-52-P


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