```

[Federal Register Volume 74, Number 132 (Monday, July 13, 2009)]
[Proposed Rules]
[Pages 33384-33388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16482]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AD50

Special Regulations; Areas of the National Park System

AGENCY: National Park Service, Interior.

ACTION: Proposed Rule.

-----------------------------------------------------------------------

SUMMARY: The National Park Service is proposing this rule to update its 
regulations for managing use of the Colorado River and adjoining 
federally owned lands administered by the National Park Service within 
Grand Canyon National Park. Changes to the current rule are necessary 
to implement portions of the park's recently revised Colorado River 
Management Plan. Current regulations govern boat trips on the Colorado 
River within the park upstream from Diamond Creek (approximately River 
Mile 226). In accordance with the new Colorado River Management Plan, 
the proposed rule will apply to the entire Colorado River within the 
park, including the reach of the river downstream from Diamond Creek to 
the boundary between the park and Lake Mead National Recreation Area 
(approximately River Mile 277).

DATES: Comments must be received by September 11, 2009.

ADDRESSES: You may submit your comments, identified by Regulatory 
Information Number 1024-AD50 (RIN), by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: National Park Service, WASO, Mike Archer, Chief 
Ranger, Grand Canyon National Park, P.O. Box 129, Grand Canyon, 
Arizona.
    All submissions received must include the agency name and RIN. For 
additional information see ``Public Participation'' under SUPPLEMENTARY 
INFORMATION below.

FOR FURTHER INFORMATION CONTACT: Palma Wilson, Deputy Superintendent--
Operations, Grand Canyon National Park, P.O. Box 129, Grand Canyon, 
Arizona 86023, [email protected], (fax) (928) 638-7815.

SUPPLEMENTARY INFORMATION:

Description of the Park

    Grand Canyon National Park, Arizona, contains and protects what 
many people consider to be the most scenic and scientifically 
significant arid-land canyon in the world. Congress established the 
park in the Act of February 26, 1919, and enlarged its boundaries in 
subsequent legislation enacted in 1926, 1928, and 1975. As described in 
the latest such enactment, the Grand Canyon National Park Enlargement 
Act, the park consists of approximately one million, two hundred 
thousand acres of lands, waters, and interests therein, all as depicted 
on a boundary map referenced in the legislation.
    The reach of the Colorado River in the park provides a unique 
combination of thrilling whitewater adventure and magnificent vistas of 
a remarkable geologic landscape, including remote and intimate side 
canyons. The 277-mile-long river corridor is home to

[[Page 33385]]

unique and abundant natural and cultural resources, including diverse 
wildlife, threatened and endangered species, archeological sites, 
caves, and natural soundscapes. For these reasons, a river trip through 
the Grand Canyon is one of the most sought-after backcountry 
experiences in the country, and nearly 30,000 visitors per year run the 
river. In addition, more than 50,000 visitors per year take flat-water 
excursions lasting several hours in the lower gorge on pontoon boats 
operated by or for the Hualapai Tribe.

Purposes of the Park

    In the Act of February 26, 1919, Congress dedicated and set apart 
certain described lands under the name of the Grand Canyon National 
Park ``as a public park for the benefit and enjoyment of the people.'' 
In the Grand Canyon National Park Enlargement Act, Congress recognized 
``that the entire Grand Canyon, from the mouth of the Paria River to 
the Grand Wash Cliffs, including tributary side canyons and surrounding 
plateaus, is a natural feature of national and international 
significance.'' In that act Congress also recognized the need for 
``further protection and interpretation of the Grand Canyon in 
accordance with its true significance.''
    The park's General Management Plan, finalized in 1995, states that 
as a place of national and global importance Grand Canyon National Park 
is to be managed to ``preserve and protect its natural and cultural 
resources and ecological processes, as well as its scenic, aesthetic, 
and scientific values'' and to ``provide opportunities for visitors to 
experience and understand the environmental interrelationships, 
resources, and values of Grand Canyon without impairing the resource.''
    The park's Colorado River Management Plan was revised (Record of 
Decision published in the Federal Register on March 23, 2006) to 
address both long-standing and recent issues concerning resource 
protection, visitor experience, and public services along the Colorado 
River corridor; to consider the impact of National Park Service river 
management on federally recognized American Indian tribes whose 
reservations adjoin Grand Canyon National Park; and to fulfill the 
requirements of a 2002 agreement that settled litigation over the 
previous river management plan.

Resource Issues

    Nearly 30,000 visitors per year participate in commercial or 
noncommercial river trips on the Colorado River within Grand Canyon 
National Park. In addition, more than 50,000 visitors per year take 
flat-water excursions lasting several hours in the lower gorge on 
pontoon boats operated by or for the Hualapai Tribe. Recreational 
activities along the river corridor in the park may impact the park's 
natural and cultural resources (including resources possessing 
wilderness values), the experiences of park visitors, park operations, 
and adjoining lands owned or administered by other federal agencies or 
neighboring American Indian tribes. Those impacts are analyzed in depth 
in Chapter 4 of the Final Environmental Impact Statement for the 
recently revised Colorado River Management Plan.
    As currently written, 36 CFR 7.4(b) governs the use of the Colorado 
River within the park upstream from Diamond Creek (approximately River 
Mile 226). This proposed rule would apply to the entire Colorado River 
and adjoining federally owned lands within the park, including the 
reach of the river downstream from Diamond Creek (River Mile 226) to 
the boundary between the park and Lake Mead National Recreation Area 
(approximately River Mile 277). This proposed rule (1) would clarify 
that commercial river trips below Diamond Creek, including those 
operated by or for the Hualapai Tribe, must obtain National Park 
Service approval in the form of a permit, contract, or other written 
agreement, as required by 36 CFR 5.3 and other applicable laws, and (2) 
would require that noncommercial river trips using any part of the 
Colorado River within Grand Canyon National Park, including the river 
downstream from Diamond Creek, obtain a permit issued by the 
Superintendent. The proposed rule also would update visitor-use 
restrictions and camping closures and delete unnecessary provisions in 
the current regulation.
    The Colorado River Management Plan planning process involved 
extensive public scoping beginning in 1997 and included numerous public 
meetings and stakeholder workshops; opportunity for the public to 
comment in person or via email or regular mail; and consultation with 
other agencies and culturally affiliated American Indian tribes. During 
the planning process, approximately 2,000 people attended public 
meetings, and the National Park Service received approximately 24,000 
written responses from the public containing over 90,000 individual 
comments. For additional information see the Purpose of and Need for 
the Action, Background Information and Appendix B: Public Scoping 
Summary sections of the Final Environmental Impact Statement, which 
detail the public scoping process and the issues and concerns raised in 
scoping; Volume II, Chapter 5 of the Final Environmental Impact 
Statement, which includes a list of organizations and agencies 
consulted during the planning process; and Volume III of the Final 
Environmental Impact Statement, which includes responses to all 
substantive comments received during the process. The Final 
Environmental Impact Statement can be found on the park's Web site at 
http://www.nps.gov/archive/grca/crmp/ or at Grand Canyon National Park, 
823 N. San Francisco, Ste A, Flagstaff, AZ 86001.
    The National Park Service's management of the Colorado River within 
Grand Canyon National Park may affect resources of the Navajo Nation, 
the Havasupai Tribe, or the Hualapai Tribe, each of which shares a 
boundary with the park. Furthermore, the National Park Service's 
management of the Colorado River within the park will affect businesses 
operating on the river under agreements with the Hualapai Tribe. 
Potential impacts for culturally affiliated American Indian tribes were 
addressed in the park's recently revised Colorado River Management 
Plan.
    At its request, the Hualapai Tribe served as a cooperating agency 
in the preparation of the Environmental Impact Statement for the new 
Colorado River Management Plan. The final plan represents agreement 
between the National Park Service and the Tribe on most issues relating 
to river use in the park. However, the Tribe's preferred alternative 
for the lower gorge envisioned even greater pontoon boat use than the 
increase authorized by the final plan. The National Park Service 
intends to offer the Tribe a non-competitive concession contract for 
its lower gorge operations in accordance with the final plan and with 
the National Park Service Concessions Management Improvement Act of 
1998 and implementing regulations found in 36 CFR Part 51.
    For more information on consultation and coordination with American 
Indian tribes see Chapter 5 of the Final Environmental Impact Statement 
for the Colorado River Management Plan. The Final Environmental Impact 
Statement can be found on the park's Web site at http://www.nps.gov/archive/grca/crmp/ or at Grand Canyon National Park, 823 N. San 
Francisco, Ste A, Flagstaff, AZ 86001.

[[Page 33386]]

The Draft and Final Environmental Impact Statements

    This rule would implement portions of Grand Canyon National Park's 
recently revised Colorado River Management Plan. The National Park 
Service prepared a Draft Environmental Impact Statement and a Final 
Environmental Impact Statement. A Record of Decision was published in 
the Federal Register on March 23, 2006. The planning process began in 
1997 with public scoping and stakeholder workshops. During the process, 
approximately 2,000 people attended a total of 14 public meetings and 
the NPS received approximately 24,000 written responses from the public 
containing over 90,000 individual comments. Impacts associated with 
this rule are analyzed in the Final Environmental Impact Statement for 
the Colorado River Management Plan. The Record of Decision and the 
Final Environmental Impact Statement are available on the park's Web 
site at http://www.nps.gov/archive/grca/crmp/ or at Grand Canyon 
National Park, 823 N. San Francisco, Ste A, Flagstaff, AZ 86001.

Section-by-Section Analysis

Section 7.4(b) Colorado River Boat Trips

    Section 7.4(b), ``Colorado River boat trips'' would amend the 
existing regulation, which applies to boat trips on the Colorado River 
only between Lee's Ferry (River Mile 0) and Diamond Creek 
(approximately River Mile 226). The amended section would apply to all 
boat trips on the entire length of the Colorado River in Grand Canyon 
National Park.
    Section 7.4(b)(1) would clarify that all commercial boat trips on 
the Colorado River in Grand Canyon National Park must be authorized by 
the National Park Service through a permit, contract, or other written 
agreement, as required by 36 CFR 5.3 and other applicable laws.
    Section 7.4(b)(2) would require all noncommercial river trips on 
the entire length of the Colorado River in Grand Canyon National Park 
to be authorized under a permit issued by the Superintendent. Currently 
section 7.4 only requires permits for noncommercial river trips from 
Lee's Ferry (River Mile 0) to Diamond Creek (approximately River Mile 
226). This section would extend the permit requirement to the entire 
river within the park.
    Section 7.4(b)(3) would renumber and clarify the definition of 
``commercial'' river trips and ``noncommercial'' river trips. This 
section is currently found at 7.4(b)(3)(iii).
    Section 7.4(b)(4) would create a new standalone section with 
language that is currently found in section 7.4(b)(3) and that 
authorizes the Superintendent to limit the number of permits, contracts 
and other written agreements, or amend the terms and conditions of 
those permits, contracts and other written agreements, to ensure public 
safety or to protect park resources.
    Section 7.4(b)(5)(i),(ii),(iii), and (iv) would set out operational 
conditions required for all river trips. These conditions are not new 
except that they would apply to the entire length of the Colorado River 
within the park. These four conditions are currently found in sections 
7.4(b)(1) and (2).
    Section 7.4(b)(6) would renumber the section that requires human 
waste to be removed from the park in a manner prescribed by the 
Superintendent. This section is currently found at 7.4(b)(4).
    Section 7.4(b)(7) would renumber and update the section that 
contains requirements for camp fires currently found at 7.4(b)(4). This 
section would continue to require that fires be kindled only on beaches 
and that fires be completely extinguished with water. It would add the 
requirements that fires must be kindled in elevated metal pans and that 
ash and charcoal must be removed from the park. These restrictions are 
currently included in permit conditions for both commercial and 
noncommercial river trips.
    Section 7.4(b)(8)(i) through (vii) would list camping closures that 
are currently found at 7.4(b)(9) and would add camping closures in the 
following areas: the Phantom Ranch area, on the banks of the Colorado 
River between the Black Bridge and 0.25 miles below the mouth of Pipe 
Creek; the Elves Chasm drainage from Royal Arch to the Colorado River; 
and the Deer Creek drainage from Deer Creek Falls to the Colorado 
River. Section 7.4(b)(8)(vi) would clarify that the camping closure at 
the mouth of Havasu Creek includes the Havasu Creek drainage from the 
boundary between the park and the Havasupai Indian reservation to the 
Colorado River. These areas are heavily visited by river trips and the 
closures would protect resources in the areas by limiting river trip 
participants to day-use only.
    The revision of section 7.4(b) would remove sections 7.4(b)(5), 
(b)(7), and (b)(8). Current section 7.4(b)(5) prohibits pets on river 
trips. Pets are prohibited in all areas below the rim of the Grand 
Canyon, including the Colorado River corridor, by the Superintendent 
under the authority granted in 36 CFR 2.15(a)(1), making the current 
section 7.4(b)(5) unnecessary.
    Current section 7.4(b)(7) allows picnicking on beach areas along 
the Colorado River. This use is currently authorized by 36 CFR 2.11, 
making the current section 7.4(b)(7) unnecessary.
    Current section 7.4(b)(8) allows swimming and bathing in the waters 
of the Colorado River except in locations immediately above rapids, 
eddies and riffles or near rough water. Removing this section would 
allow swimming and bathing in all areas of the Colorado River, as 
authorized by 36 CFR 3.16. The National Park Service expects swimmers 
and bathers to take responsibility for their own safety and exercise 
good judgment while using the waters of the Colorado River.

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. We have 
made the assessments required by E.O. 12866 and the results are 
available by writing to the address in the addresses section or as 
supporting material to this rulemaking found at http://www.regulations.gov.
    (1) This rule would not have an effect of $100 million or more on 
the economy. It would not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or local, governments or communities. However, it may 
affect the Hualapai Tribal economy in the future by capping the number 
of people who may take flat water excursions in the lower gorge 
operated by or for the Hualapai Tribe.
    (2) This rule would not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency.
    (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.
    (4) OMB has determined that this rule raises novel legal or policy 
issues.

Regulatory Flexibility Act

    The Department of the Interior certifies that this document would 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601-12 (2000)).
    A qualitative regulatory flexibility analysis was published on 
January 11, 2008, using data from a cost-benefit analysis prepared for 
the river management plan. The analysis showed a net benefit of $2.9 
million to the

[[Page 33387]]

regional economy and an increase of 47 jobs for the area above Diamond 
Creek. For the area on the Colorado River below Diamond Creek the 
result was a predicted major beneficial economic impact on Hualapai 
tribal revenue, and a negligible impact on the regional economy.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. subsection 804(2) of 
the Small Business Regulatory Enforcement Fairness Act. 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 
United States-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. Except as described elsewhere with respect to the Hualapai Tribe, 
the rule does not have a significant or unique effect on State, local 
or tribal governments or the private sector.

Takings (Executive Order 12630)

    In accordance with Executive Order 12630, this rule does not have 
significant takings implications.

Federalism (Executive Order 13132)

    In accordance with Executive Order 13132, this rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.

Civil Justice Reform (Executive Order 12988)

    This rule meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of the executive order.

Paperwork Reduction Act

    This regulation does not require information collection from 10 or 
more parties and a submission under the Paperwork Reduction Act is not 
required. An OMB form 83-I is not required.

National Environmental Policy Act

    This rule would implement portions of the recently revised Colorado 
River Management Plan. All impacts associated with this rule are fully 
analyzed in the Final Environmental Impact Statement for the Colorado 
River Management Plan. The Final Environmental Impact Statement is 
available on the park's Web site at http://www.nps.gov/archive/grca/crmp/ or at Grand Canyon National Park, 823 N. San Francisco, Ste A, 
Flagstaff, AZ 86001.

Government-to-Government Relationship With Tribes

    The National Park Service's management of the Colorado River within 
Grand Canyon National Park may affect the resources of the Navajo 
Nation, the Havasupai Tribe, and the Hualapai Tribe, each of which 
shares a boundary with the park, and historic properties in the park to 
which those and other tribes might attach religious and cultural 
significance. Therefore, in accordance with the provisions of the 
National Environmental Policy Act; the National Historic Preservation 
Act; the April 29, 1994, Presidential Memorandum on Government-to-
Government Relations with Native American Tribal Governments; Executive 
Order 13007, 3 CFR 196 (1997); Executive Order 13175, 3 CFR part 304 
(2001); 512 Department of Interior Manual 2; National Park Service 
Management Policies 2001 and 2006; and National Park Service Director's 
Order 71: Relationship with Indian Tribes, the National Park 
Service established regular consultation with culturally affiliated, 
federally recognized American Indian tribes during the revision of the 
Colorado River Management Plan to try to understand and address tribal 
issues and concerns. For a list of American Indian tribes consulted and 
a description of the process and issues identified during the process, 
see Chapter 5 of the Final Environmental Impact Statement for the 
Colorado River Management Plan. The Final Environmental Impact 
Statement can be found on the park's Web site at http://www.nps.gov/archive/grca/crmp/ or at Grand Canyon National Park, 823 N. San 
Francisco, Ste A, Flagstaff, AZ 86001.

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 ``Sec. '' and a numbered heading; for example 
Sec.  7.XX * * *) (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 email the comments to this address: [email protected].
    Drafting Information: The principal contributors to this proposed 
rule are: Chris Pergiel, Alaska Regional Chief Ranger; Robin Martin, 
Program Analyst, Grand Canyon National Park; and Jerry Case, 
Superintendent, Bighorn Canyon National Recreation Area.

Public Availability of Comments

    Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

List of Subjects in 36 CFR Part 7

    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. In Sec.  7.4, paragraph (b) is revised as follows:

Sec.  7.4   Grand Canyon National Park.

* * * * *
    (b) Colorado River boat trips. The following applies to all persons 
using the waters of the Colorado River, or

[[Page 33388]]

federally owned lands administered by the National Park Service along 
the river, within Grand Canyon National Park:
    (1) Commercial use of the Colorado River within Grand Canyon 
National Park must be authorized by the National Park Service through a 
permit, contract, or other written agreement. Each commercial river 
trip must designate a trip leader who is responsible for ensuring that 
all trip participants comply with the terms and conditions of the 
authorizing instrument.
    (2) Noncommercial use of the Colorado River within Grand Canyon 
National Park, including research by any agency, entity, or person 
except the National Park Service, must be authorized by a permit issued 
by the Superintendent. The permit holder is deemed to be the trip 
leader and is responsible for ensuring that all trip participants 
comply with the terms and conditions of the permit.
    (3) A river trip is commercial if any participant receives money or 
other compensation for organizing, outfitting, or guiding the trip. A 
river trip is noncommercial if:
    (i) There is a bona fide sharing of expenses among trip 
participants; and
    (ii) No participant receives any money or other compensation for 
organizing, outfitting, or guiding the trip.
    (4) At any time the Superintendent may limit the number of permits, 
contracts, and other written agreements issued or may amend the terms 
and conditions of those permits, contracts, and other written 
agreements to ensure public safety or to protect park resources.
    (5) From Lees Ferry (River Mile 0) to Separation Canyon 
(approximately River Mile 239.5):
    (i) No one may operate a vessel engaging in predominately upstream 
travel;
    (ii) No one may operate a vessel powered by a motor or motors whose 
total horsepower exceeds 55;
    (iii) Every person aboard a vessel must wear a personal floatation 
device approved by the United States Coast Guard for the specific 
activity in which the person is engaged; and
    (iv) One additional personal floatation device must be carried on 
each vessel for every ten persons on board.
    (6) All solid human waste must be removed from the park and 
disposed of in the manner prescribed by the Superintendent.
    (7) Fire may be kindled only on beaches in an elevated metal fire 
pan that contains the fire. All fires must be completely extinguished 
with water before the river trip participants leave the area. All ash 
and charcoal must be removed from the park.
    (8) The following areas are closed to camping:
    (i) The banks of the Colorado River from the mouth of the Paria 
River to Navajo Bridge;
    (ii) Red Wall Cavern;
    (iii) The banks of the Colorado River from the Black Bridge to 0.25 
miles below the mouth of Pipe Creek;
    (iv) The Elves Chasm drainage from Royal Arch to the Colorado 
River;
    (v) The Deer Creek drainage from Deer Creek Falls to the Colorado 
River;
    (vi) The Havasu Creek drainage from the boundary between the park 
and the Havasupai Indian reservation to the Colorado River; and
    (vii) Any other areas closed to camping by the Superintendent.
    (9) The Superintendent may temporarily limit, restrict, or 
terminate access to or use of areas after taking into consideration 
public health and safety, natural and cultural resource protection, and 
other management activities and objectives.
* * * * *

Will Shafroth,
Acting Assistant Secretary, Fish and Wildlife and Parks.
 [FR Doc. E9-16482 Filed 7-10-09; 8:45 am]
BILLING CODE 4312-ED-P
```