Thursday, November 30, 2006 Part IV Department of the Interior National Park Service 36 CFR Part 13 Glacier Bay National Park, Vessel Management Plan Regulations; Final Rule VerDate Aug<31>2005 17:58 Nov 29, 2006 Jkt 211001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\30NOR3.SGM 30NOR3 pwalker on PRODPC60 with RULES3 69328 Federal Register / Vol. 71, No. 230 / Thursday, November 30, 2006 / Rules and Regulations DEPARTMENT OF THE INTERIOR prepared when the vessel entry quota individuals. Many proposed changes was increased. The court prohibited either received supporting comments or National Park Service vessel traffic above the pre-1996 levels, no comments. These sections are being unless an EIS was prepared. The court adopted as proposed, unless noted 36 CFR Part 13 decision went into effect in late summer otherwise below. The proposed sections RIN 1024–AD25 2001 resulting in a reduction in vessel that did receive comments of opposition traffic. Following the court decision, or revision are discussed below. Congress enacted legislation (Sec. 130, Glacier Bay National Park, Vessel General Comments Management Plan Regulations Pub. L. 107–63, 115 Stat. 442, Nov. 5, 2001) that returned the vessel quotas to Proposed Quota/Permit System AGENCY: National Park Service, Interior. the 2000 calendar year level until 1. One commenter expressed support ACTION: Final rule and technical changed based on an EIS that was for the simplification of vessel amendment. directed to be completed by January 1, management in Glacier Bay. The State of 2004. The EIS was completed and Alaska also commended the NPS on SUMMARY: This rule revises the special announced in the Federal Register on regulations for vessel quotas and efforts to simplify the rules, but said the October 10, 2003. The Record of rule is still complex and recommended operating requirements for cruise ships, Decision (ROD) for the EIS was signed tour vessels, charter vessels, private that the NPS further simplify the on November 21, 2003. On March 3, system. vessels, and passenger ferries within 2006, a proposed rule was published in NPS Response: One of the goals of the Glacier Bay National Park and Preserve. the Federal Register (71 FR 10940) to NPS in this rulemaking was to simplify The rule implements the related final implement a portion of the ROD. the vessel regulations for Glacier Bay to environmental impact statement Under these revised rules, daily vessel the extent practical, while protecting completed in 2003 for vessel quotas remain unchanged, however, the park resources and access by all user management in the park and preserve. regulations provide an administrative groups. The NPS will continue to This rule also makes nonsubstantive procedure for increases in seasonal evaluate other ways to further simplify technical reorganizational changes for quotas up to the daily maximum of two vessel management. all of part 13. The part 13 cruise ships. Although the final reorganization, while not included in regulation provides for an increase in NPS Administrative Use the proposed rule, is a result of seasonal quotas of cruise ships, 2. Several commenters suggested the comments received regarding the increased resource protection is also NPS address and possibly limit complexity of the Glacier Bay provided by extending the seasonal-use administrative use. Other commenters regulations specifically, as well as day quota season for cruise ships to recommended that NPS increase comments received previously for include May and September, requiring scientific research efforts. various rulemaking documents the superintendent to carefully evaluate NPS Response: The majority of NPS concerning the organization of part 13 available studies before allowing any use of Glacier Bay is for research generally. increase in cruise ship numbers, and purposes so the park can make better revising operating requirements. Subject DATES: This rule is effective on January management decisions. There are other 2, 2007. to the established daily quotas, seasonal NPS administrative uses of the Bay; limitations are eliminated for all other including emergency response, law FOR FURTHER INFORMATION CONTACT: vessel categories. Pursuant to statute, a enforcement, personnel transfers to Glacier Bay vessel management new vessel category, passenger ferry, is cruise ships, and access by other State information: Tomie Patrick Lee, added with a daily quota of one. The and Federal agencies with shared Superintendent, Glacier Bay National various proposals regarding definitions jurisdiction of the Bay. The NPS is Park and Preserve, P.O. Box 140, and vessel operational requirements aware that administrative use of vessels Gustavus, Alaska 99826. Telephone: have also been adopted unless noted has an impact and the park carefully (907) 967–2230. otherwise in the ‘‘Changes to the Final considers the need for such use against Part 13 reorganization information: Rule’’ section. As used within this the effect on park resources. Vic Knox, Deputy Regional Director, document, the terms ‘‘we,’’ ‘‘our,’’ and National Park Service, 240 W. 5th ‘‘us’’ refer to the National Park Service. Poor Communication Between the City Avenue, Anchorage, Alaska 99501. of Gustavus and the NPS Telephone: (907) 644–3501. Summary of Comments 3. One commenter stated that there SUPPLEMENTARY INFORMATION: The proposed rule was published for has been insufficient communication public comment on March 3, 2006 (71 between the NPS and the City of Background FR 10940), with the initial comment Gustavus and that the City Council was This rule revises the special period lasting until May 2, 2006. The not adequately informed about the regulations for vessel quotas and National Park Service received 28 changes in vessel management. operating requirements for cruise ships, timely written responses, plus two NPS Response: The NPS is committed tour vessels, charter vessels, private petitions, regarding various sections of to cooperating with all interested vessels, and passenger ferries within the proposed rule. One petition was parties, including the City of Gustavus, Glacier Bay National Park. The rule signed by 113 individuals and the other regarding management of park implements a final environmental was signed by 106 individuals. All of resources. The NPS has consistently impact statement (FEIS) completed in the written responses were either communicated with the Mayor of 2003 for vessel management in the Park. separate letters or e-mail messages. Of Gustavus and the City Council since the In 2001, the Ninth Circuit Court of the 28 written responses, one was from city’s formation on April 1, 2004. Appeals determined that a 1996 the State of Alaska, two were from non- Additionally, there have been numerous increase in vessels into Glacier Bay governmental organizations (including public meetings in the Gustavus area violated the National Environmental one consolidated response from 6 over the past several years regarding Policy Act because an environmental signatory groups), 5 were from small changes to vessel management in impact statement (EIS) had not been businesses, and 15 were submitted by Glacier Bay. VerDate Aug<31>2005 17:58 Nov 29, 2006 Jkt 211001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\30NOR3.SGM 30NOR3 pwalker on PRODPC60 with RULES3 Federal Register / Vol. 71, No. 230 / Thursday, November 30, 2006 / Rules and Regulations 69329 Regulation of Private Vessels the regulations are difficult for the vessel permits each day as a ‘‘transit’’ 4. One individual commented that the public and government to use. permit. This ‘‘transit’’ permit could be NPS is over-regulating private vessels. Accordingly, the NPS has decided to used by several different vessels This individual observed that all known reorganize the entire Part 13. This provided that only one vessel is using collisions with whales have been caused reorganization will establish several the permit at a time. The ‘‘transit’’ by large commercial touring vessels. new subparts and redesignate all permit could be used to directly exit NPS Response: The NPS does not sections. It also redesignates numerous Bartlett Cove and allow the vessel to believe that the park can support paragraphs as sections. These changes return directly to Bartlett Cove. It would unlimited private vessel traffic. The will make the rule much easier to use not allow travel into any other part of environmental analysis indicates that all by introducing new headings and Glacier Bay. The superintendent will types of vessel traffic impact marine eliminating many levels of subdivisions, develop application procedures and resources as well as the visitor particularly in the Glacier Bay operating conditions as part of the experience in Glacier Bay. All vessels regulations. With the exception of vessel compendium. This provision would used for non-administrative purposes, management in Glacier Bay, the cease to be effective five years from the including private vessels, are limited by substance of the Part 13 regulations and effective date of these regulations. The NPS does not believe ANILCA number, route, and speed in particular their corresponding relationship to 36 section 1110(b) applies in this parts of the Bay where whales are CFR parts 1–7 and 12 remain circumstance. Gustavus is not within known to occur during the summer completely unaffected by these changes. the boundaries of the park or effectively months. There have been two known The changes to vessel management in surrounded by the park, nor is access to whale fatalities that have occurred in Glacier Bay are clearly identified in the or from Gustavus impeded by the park the Bay due to vessel strikes. One was proposed rule and changes to the boundary. caused by a large commercial vessel and proposed rule are delineated in the the other by a vessel of unknown size. following section of this document Vessel Definitions titled ‘‘Changes to the Final Rule.’’ In 2003, there also was a nonfatal 8. One commenter suggested that the collision between a small vessel and a Specific Comments NPS adopt vessel definitions that whale in park waters.