Proposed Rule: National Park System: Glacier Bay National Park, AK Vessel Management

10940 Federal Register / Vol. 71, No.
42 / Friday, March 3, 2006 / Proposed Rules
DEPARTMENT OF THE TREASURY DEPARTMENT OF THE INTERIOR located in southeast Alaska,

approximately 65 miles west of Juneau.
Internal Revenue Service National Park Service Accessible by boat and airplane, it is a
popular destination due to its
26 CFR Part 1 36 CFR Part 13 spectacular scenery, tidewater glaciers,
RIN 1024–AD25 wilderness, and wildlife. In this
[REG–107722–00] document the term ‘‘Glacier Bay’’
Glacier Bay National Park, Vessel generally refers to the bay proper rather
Management Plan Regulations than the entire park and preserve.
RIN 1545–AY22
AGENCY: National Park Service, Interior History of Glacier Bay National Park
Corporate Estimated Tax ACTION: Proposed rule. and Preserve
Glacier Bay National Monument was
AGENCY: Internal Revenue Service (IRS), SUMMARY: The National Park Service established by presidential
Treasury. (NPS) is proposing this rule to more proclamation dated February 26, 1925
effectively manage motor vessel use in (No. 1733, 43 Stat. 1988). The
ACTION: Cancellation of notice of public Glacier Bay National Park and Preserve.
hearing on proposed rulemaking. monument was expanded by a second
It proposes to revise existing regulations presidential proclamation on April 18,
regarding vessel quotas and operating 1939 (No. 2330, 53 Stat. 2534). The
SUMMARY: This document cancels a requirements for five types of motor expanded monument added adjacent
public hearing on proposed regulations vessels—cruise ships, tour vessels, lands, including glaciers and geologic
and withdraws proposed regulations charter vessels, private vessels, and features of scientific interest, and the
relating to corporate estimated taxes. passenger ferries—within Glacier Bay marine waters of all of Glacier Bay;
National Park and Preserve. This rule is portions of other waters outside Glacier
DATES: The public hearing originally
proposed in conjunction with the Final Bay proper; and Pacific coastal waters to
scheduled for March 15, 2006, at 10
Environmental Impact Statement (FEIS) a distance of three miles seaward
a.m., is cancelled. and the Record of Decision (ROD) for between Cape Spencer in the south and
FOR FURTHER INFORMATION CONTACT: Vessel Quotas and Operating Sea Otter Creek, north of Cape
Robin R. Jones of the Publications and Requirements in Glacier Bay National Fairweather.
Regulations Branch, Legal Processing Park and Preserve, completed in The Alaska National Interest Lands
Division, Associate Chief Counsel October and November 2003, Conservation Act (ANILCA), enacted in
(Procedure and Administration) at (202) respectively, and implements decisions 1980, expanded the 2.8-million-acre
622–7180 (not a toll-free number). made in the ROD. Glacier Bay National Monument to 3.3
DATES: Comments must be received by million acres and redesignated this area
SUPPLEMENTARY INFORMATION: A notice May 2, 2006. as Glacier Bay National Park and
of proposed rulemaking and notice of ADDRESSES: You may submit your Preserve (16 U.S.C 410–1, 94 Stat. 2382).
public hearing that appeared in the comments, identified by Regulatory The new park and preserve included all
Federal Register on Monday, December Information Number (RIN) 1024–AD25, lands and waters of the previously
12, 2005 (70 FR 73393) announced that by any of the following methods: existing monument.
a public hearing was scheduled for • Federal eRulemaking Portal: http:// Under proclamations that established
March 15, 2006, at 10 a.m., in the IRS www.regulations.gov. Follow the Glacier Bay as a national monument, the
Auditorium, Internal Revenue Service instructions for submitting comments. NPS Organic Act and its amendments
Building, 1111 Constitution Avenue, • E-mail NPS at: (16 U.S.C 1, et seq.) governed the
NW., Washington, DC. The subject of akro_regulations@nps.gov. Use RIN management of the former Glacier Bay
the public hearing is under sections 1024–AD25 in the subject line. National Monument. Along with
6425 and 6655 of the Internal Revenue • Mail: Superintendent, Proposed ANILCA and several additional
Code. Vessel Management Plan Regulations statutory provisions enacted by
Comment, Glacier Bay National Park Congress, they continue to govern the
The public comment period for these and Preserve, P.O. Box 140, Gustavus, present Glacier Bay National Park and
regulations expired on February 22, Alaska 99826. Preserve. The NPS Organic Act of 1916
2006. • Hand Delivery/Courier: directs the Secretary of the Interior and
The notice of proposed rulemaking Superintendent, Glacier Bay National the NPS to manage national parks and
and notice of public hearing, instructed Park and Preserve Headquarters Office monuments to ‘‘conserve the scenery
those interested in testifying at the at Bartlett Cove. Clearly identify the and the natural and historic objects and
public hearing to submit a request to delivery as Proposed Vessel the wild life therein and to provide for
speak and an outline of the topics to be Management Plan Regulations the enjoyment of same in such manner
addressed. As of Tuesday, February 28, Comments. and by such means as will leave them
All submissions received must unimpaired for the enjoyment of future
2006, no one has requested to speak.
include the agency name and RIN. For generations.’’ 16 U.S.C. 1. In addition,
Therefore, the public hearing scheduled additional information see ‘‘Public
for March 15, 2006, is cancelled. the Redwood National Park Act of 1978
Participation’’ under SUPPLEMENTARY (amending the General Authorities Act)
LaNita VanDyke, INFORMATION below. states: ‘‘The authorization of activities
Federal Register Liaison Officer, Legal FOR FURTHER INFORMATION CONTACT: shall be construed and the protection,
wwhite on PROD1PC61 with PROPOSALS
Processing Division, Associate Chief Counsel, Tomie Patrick Lee, Superintendent, management and administration of [NPS
(Procedure and Administration). Glacier Bay National Park and Preserve, areas] shall be conducted in light of the
[FR Doc. E6–3062 Filed 3–2–06; 8:45 am] P.O. Box 140, Gustavus, Alaska 99826, high public value and integrity of the
BILLING CODE 4830–01–P
Telephone: (907) 697–2230. National Park System and shall not be
SUPPLEMENTARY INFORMATION: Glacier exercised in derogation of the values
Bay National Park and Preserve is and purposes for which these various
VerDate Aug<31>2005 16:45 Mar 02, 2006 Jkt 208001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\03MRP1.SGM 03MRP1
Federal Register / Vol. 71, No. 42 / Friday, March 3, 2006 / Proposed Rules 10941
areas have been established, except as Bay. NMFS also recommended vessel environmental assessment (EA) and
may have been or shall be directly and operating restrictions and a rationale for issued a finding of no significant impact
specifically provided by Congress.’’ 16 regulating vessel entries into Glacier (FONSI) regarding vessel quotas and
U.S.C. 1a–1. The NPS Organic Act also Bay. The agency recommended that any operating requirements. The NPS
grants the Secretary of the Interior the vessel increases be contingent on decision regarding vessel management
authority to implement ‘‘rules and monitoring studies of whale presence, provided for increases in quotas for
regulations as he may deem necessary or noise levels, and prey showing no cruise ships, charter vessels, and private
proper for the use and management of adverse effects. The opinion stated: (1) vessels in Glacier Bay. With respect to
the parks, monuments and reservations ‘‘no additional vessel traffic should be cruise ships, it allowed for 139 cruise
under the jurisdiction of the National allowed unless the number of ships throughout the June through
Park Service.’’ 16 U.S.C. 3. In addition individual whales that enter Glacier Bay August season, with potential for
to general regulatory authority, the NPS remains equal to or is greater than the incremental increases to 184 ships (i.e.,
has been delegated specific authority to 1982 level’’ (22 whales were observed up to two cruise ships per day during
‘‘[p]romulgate and enforce regulations between June 1 through August 31, the 3-month season), based on scientific
concerning boating and other activities 1982) and (2) ‘‘a minimum of two years and other information and applicable
on or relating to waters located within should be allowed for monitoring and authorities. Regulations adopting the
areas of the National Park System, evaluating the effects of such an VMP vessel quotas became effective in
including waters subject to the increase before additional increases are May 1996. Based in part on
jurisdiction of the United States * * *.’’ proposed.’’ recommendations in the 1993 biological
16 U.S.C. 1a–2(h). None of the actions Additional vessel regulations were opinion, research and monitoring were
in this proposed rule are intended to subsequently promulgated in 1985. initiated to better understand the effects
preclude vessel management actions for Consistent with the recommendations in of motor vessels on park resources and
safety, resource protection, or other the NMFS 1983 biological opinion, values.
reasons pursuant to applicable these regulations allowed for up to a 20 Subsequent legislation affecting
regulations. percent increase in vessel quotas above Glacier Bay National Park and Preserve
the 1976 level for large ship and small included the Omnibus Parks and Public
Vessel Management in Glacier Bay motor vessel classes. The NPS Lands Management Act of 1996 (Pub. L.
Measures to address vessel traffic in implemented increases in two 104–333). Section 703 of this Act
Glacier Bay were first implemented in increments, and the 20 percent increase directed NPS to not impose additional
1979 to respond to concerns regarding was reached in 1988. Since these operating conditions in the areas of air,
the effects of motor vessels on the regulations were promulgated, concerns water, and oil pollution beyond those
endangered humpback whale. have broadened to encompass potential determined and enforced by appropriate
Regulations went into effect in 1980, effects on other biota, the physical regulatory agencies. Operating
influenced largely by the alternatives environment, and visitor experience. conditions or limitations relating to
included in a 1979 biological opinion In 1993 NMFS issued another noise abatement can be imposed only
issued by the National Marine Fisheries biological opinion—based on a review when the Secretary determines it
Service (NMFS, now known as NOAA of a 1992 draft NPS proposal for vessel necessary to protect park values and
Fisheries) in accordance with section 7 management in Glacier Bay, available resources. However, when
of the Endangered Species Act of 1973, data, and previous biological opinions— competitively awarding concession
as amended (16 U.S.C. 1531 et seq.). The addressing the effects of vessel traffic in contracts to enter Glacier Bay, the
opinion concluded that a continued Glacier Bay on the threatened Steller sea relative impact particular concessioners
increase in the amount of vessel traffic, lion, the endangered gray whale, and will have on park values and resources
particularly charter/pleasure craft, in the endangered North Pacific are considered in determining which are
Glacier Bay was likely to jeopardize the population of humpback whales. NMFS the best proposals.
continued existence of the humpback concluded that the level of activity In a May 1997 complaint filed in the
whales in southeast Alaska. described in the 1992 draft NPS U.S. District Court, the National Parks
The NMFS issued another biological proposal would not jeopardize the Conservation Association (NPCA)
opinion in 1983 concerning the continued existence and recovery of any challenged the validity of the NPS 1996
regulation of vessel traffic and resultant threatened or endangered species. VMP/revised EA and FONSI. The
interactions with humpback whales in Nonetheless, due to concern about the District Court upheld the decision made
Glacier Bay National Park and Preserve. decline in humpback whale use of by the NPS. However, the U.S. Court of
This opinion was prepared in response Glacier Bay, NMFS, in its opinion, Appeals for the Ninth Circuit
to a request from NPS to reinitiate ‘‘urged the NPS to take a conservative subsequently determined that the
section 7 consultation for the approach in all management actions that portion of the VMP/EA and the 1996
endangered humpback whale in Glacier may affect humpback whales’’ and implementing regulations that
Bay. This opinion considered the recommended that NPS ‘‘implement a authorized an increase in vessels into
impacts to humpback whales from humpback whale feeding ecology Glacier Bay violated the National
existing levels of vessel traffic and from research program’’ and ‘‘continue Environmental Policy Act of 1969 (Pub.
the effects of proposed increases in the humpback whale monitoring programs L. 91–190, hereafter NEPA) because an
levels of vessel traffic in Glacier Bay. that identify the number of humpback environmental impact statement (EIS)
The opinion concluded that existing whales that feed in the National Park had not been prepared. The court
traffic, as well as some additional waters, and their individual identity, prohibited vessel traffic above the pre-
increase in vessel traffic, could occur in age, reproductive status, and length of 1996 levels unless an EIS was prepared.
Glacier Bay without jeopardizing the stays.’’ The court decision went into effect in
southeast Alaska stock of humpback Based on the park’s management late summer 2001. Following this
whales. This determination was based objectives from the 1984 General decision, the Congress, as part of the
on the ability of NPS to monitor and Management Plan and the 1993 NMFS U.S. Department of the Interior
control both the amount of vessel traffic opinion, the NPS completed a 1996 Appropriations Act of 2002 (Pub. L.
and the operation of vessels in Glacier Vessel Management Plan (VMP)/revised 107–63, section 130), required NPS to:
10942 Federal Register / Vol. 71, No. 42 / Friday, March 3, 2006 / Proposed Rules
(1) Prepare an EIS by January 1, 2004, • Modifying the definitions for cruise new definition is more easily applied to
to identify and analyze the possible ship, charter, and tour vessels; the charter fleet. To eliminate overlap
effects of the 1996 increases; and (2) set • Adding a definition for a passenger between the charter vessel and tour
the maximum level of vessel entries into ferry; vessel definitions, passenger carrying
Glacier Bay based on the analysis in the • Closing the waters at Beardslee capacity would be adopted as the
EIS. Until the maximum level of vessel Entrance and the entrance to Adams primary criteria separating these use
entries is set based on the new EIS, the Inlet in Glacier Bay to cruise ships and categories. This change in the GLBA
Act provided that the number of vessel tour vessels; definition was proposed by several of
entries into the park would be the same • Eliminating the permit exemption our charter operators and park staff
as in effect during the 2000 calendar for private vessels based in Bartlett during the scoping process for the
year, and that the NPS decision and Cove; Vessel Quota and Operating
final rule, issued in 1996, relating to • Relaxing existing private vessel Requirements EIS. The ROD defines
vessel entries were approved and would orientation requirements; charter vessel as certificated ‘‘* * * to
be in effect, notwithstanding any other • Modifying the annual carry up to twelve passengers overnight
provision of law. On January 18, 2002, determination of the cruise ship quota or up to 49 passengers for daytime use
the U.S. District Court modified the to provide flexibility concerning * * *.’’ The proposed definition
previous injunction accordingly. timeframes to meet cruise ship industry changes the word ‘‘or’’ to ‘‘and’’
needs; resulting in: ‘‘* * * rated to carry no
The Draft and Final Environmental • Increasing the 10 knot maximum more than 12 passengers overnight and
Impact Statements speed limit in whale waters to 13 knots; no more than 49 passengers for daytime
In addressing the requirements of • Reducing the number of areas pre- use ‘‘ * * *.’’ to more clearly convey
section 130 and pursuant to NEPA, the designated as whale waters; the intent: if a vessel is licensed to carry
NPS prepared a draft EIS (DEIS) and • Extending the seasonal speed limit more than twelve overnight passengers,
final EIS (FEIS) and approved a Record in the lower bay whale waters to it could not be a charter vessel and if a
of Decision (ROD) on November 21, September 30; and vessel is licensed to carry more than 49
2003. The DEIS described and evaluated • Conforming subsection (b) to the day use passengers, it could not be a
the environmental effects of a no action existing question and answer format of charter vessel.
alternative and four action alternatives subsection (a). • The term ‘‘cruise ship’’ would be
for managing motorized vessels within revised to include only vessels
Section-by-Section Analysis certificated to carry over 12 passengers.
Glacier Bay and Dundas Bay. Based on
comments received during the public Section 13.65(b)(1) Definitions Without this provision, a vessel with 12
comment period and additional NPS or fewer passengers of 100–200 gross
The following changes are proposed tonnage under the U.S. Tonnage
considerations, modifications were for the Definitions:
made in the FEIS. These documents are ‘‘Simplified Measurement System’’
• The term ‘‘charter vessel’’ would be could be either a charter vessel or cruise
discussed in more depth below under amended to include certain uninspected
‘‘Compliance with Other Laws.’’ ship. This would eliminate overlap with
vessels measuring over 100 tons under the new U.S. Coast Guard 200 ton
Description of the Proposed Rule the U.S. Tonnage ‘‘Simplified uninspected class.
Measurement System.’’ Vessels under • Because the ‘‘seasonal entry quota’’
Regulations concerning vessel quotas this class would not be any larger than
and operating requirements for cruise would be eliminated and the term
vessels currently allowed under the ‘‘entry’’ would no longer be mentioned
ships and tour, charter and private existing 100 gross ton U.S. or 2,000
vessels have been in effect and enforced in this proposed rule, the term ‘‘entry’’
gross ton ITC limits due to the would no longer need to be defined and
by NPS for many years. Many of these idiosyncrasies of the various
regulations regarding vessel would be eliminated.
measurement systems. Though USCG • A revised definition of ‘‘Glacier
management are being retained regulations do not set an upper limit for Bay’’ would include precise geographic
consistent with the ROD. New elements the tonnage of these vessel, the NPS coordinates for Point Gustavus and
and a number of adjustments to the proposes implementing an upper limit Point Carolus as the entrance to Glacier
current regulations are included in this of 200 tons, as well as a specific length Bay.
proposed rule: limit [note that the length limit is • A new vessel type—‘‘passenger
• Establishing two separate seasonal already an element of the USCG ferry’’—would be added in recognition
vessel quota periods for cruise ships. regulations controlling which vessel can of the Juneau to Bartlett Cove service
First, for May and September establish use the simplified measurement authorized in Public Law 105–83,
an initial quota of 92 cruise ships with system], as a safeguard against vessels section 127.
potential to increase to 122. Second, for qualifying under this subcategory which • To provide clarity, the definition for
June 1–August 31 re-establish an initial are larger than otherwise allowed under each of the following terms would be
quota of 139 cruise ships with potential the existing regulations. Dropped from revised slightly: ‘‘commercial fishing
for incremental increases to 184 as the definition of charter vessel would be vessel,’’ ‘‘speed through the water,’’ and
under the 1996 regulations; the existing requirement that it be ‘‘private vessel.’’
• Eliminating two private vessel available for hire on an unscheduled • The definition of ‘‘tour vessel’’
seasonal categories—total entries and basis, as well as the related exception to would be changed to provide a clear
total vessel use days—thus increasing that requirement—allowing scheduled distinction from the definition of
the total number of private vessels camper or kayak drop off service. Under ‘‘charter vessel,’’ and to ensure that all
allowed in a season; the 1996 definitions charter vessels commercial passenger-carrying vessels
• Adding a passenger ferry category were required to operate on an less than 100 tons gross (U.S. System) or
to Bartlett Cove with a year-round daily ‘‘unscheduled’’ basis. This was 2,000 tons gross (International
vessel quota of one, in accordance with unrealistic because, as a practical Convention System) could be
section 127 of P.L. 105–83 (Nov. 14, matter, many charter operators schedule categorized into the appropriate vessel
1997); trips well in advance of the season. The type.
• The term ‘‘pursue’’ would be are due to its narrow configuration vessels in Glacier Bay will be
deleted from the regulatory language in which poses a hazardous area for large implemented by a daily and seasonal
(b)(1) and a description of the vessels, as well as its proximity to the vessel quota replacing ‘‘Allowable
prohibited action instead would be ecologically sensitive Beardslee Islands. vessel use days per day,’’ ‘‘Total entries
incorporated into proposed paragraph Historically, no cruise ships use the allowed,’’ and ‘‘Total vessel use days
(b)(3)(i). Including a description of the Beardslee Entrance to travel within allowed.’’ This will help simplify by
proposed prohibited activity would Glacier Bay. Large vessels would have using one term—quota— and by
clarify the proposed regulation. difficulty maneuvering the 90-degree reducing the three categories to two
• The terms ‘‘daily vessel quota’’ and turn, which is required to safely categories.
‘‘seasonal vessel quota’’ would be added navigate the one (1) nautical mile For cruise ships, the table would
to clarify how vessel quotas would be passage between Strawberry Island and establish two separate seasonal vessel
applied to vessel use in Glacier Bay. the Beardslee Islands. Additionally, quota periods—for the months of May
• The terms ‘‘vessel-use day’’ and opposing currents and shallow shelves and September an initial combined
‘‘operate’’ would no longer be used and add to the difficulty in maneuvering quota of 92 cruise ships with the
would be deleted from the regulation. larger vessels through this area. Harbor potential to increase to 122, and for June
All other definitions would remain seals, whose populations have recently 1–August 31, continue with an initial
unchanged. declined precipitously, haul out on the quota of 139 cruise ships with the
Section 13.65(b)(2) Permits Spider Island complex, Flapjack, and potential to increase to 184. The May
Eider Islands, all within the Beardslee and September seasonal vessel quota is
Paragraph (b)(2)(i), ‘‘Private vessel Island complex. These populations are based on the known presence of
permits and conditions’’ would modify extremely sensitive to disturbance humpback whales in Glacier Bay during
the existing requirement for operators of created by large vessel noise, wakes, and this time period and is proportionally
private vessels (see 36 CFR 1.4) to report presence of vessels and people. A vessel the same as the initial June 1–August 31
to the Bartlett Cove Ranger Station for grounding in the entrance could cause seasonal vessel quota. The table
a boater orientation each time they enter catastrophic damage to wildlife within establishes an upper end quota level to
Glacier Bay from June 1 through August the pristine and protected waters of the which the seasonal vessel quotas for
31. Instead, while operators of private Beardslee Islands. cruise ships could be increased by the
vessels would still be required to report Paragraph (b)(2)(iii), ‘‘Exceptions from superintendent based on stated criteria
that they are entering or exiting Glacier vessel permit requirements’’ would found in (b)(2)(v)(A),(B), and (C) of this
Bay, they would only be required to clarify the exception for operation of a rule.
come to Bartlett Cove for a full boater motor vessel in certain Bartlett Cove The seasonal limits on charter vessel
orientation at the beginning of their waters. The proposed rule would drop entries would be eliminated to better
initial trip into Glacier Bay for that the exemption for private vessels ‘‘based serve public demand and reduce the
permit season. This paragraph would in Bartlett Cove’’ from the requirement complexity of the program. The daily
simplify the procedure at proposed to obtain a vessel permit when traveling charter vessel quota would remain at
paragraph (b)(2)(i)(B): From May 1 directly between Bartlett Cove and the six.
through September 30, operators must mouth of Glacier Bay. This exception Limits on seasonal private vessel total
immediately notify the Bartlett Cove provides insufficient management of entries and total vessel use days allowed
Ranger Station of the vessel’s entry or vessel traffic through the designated would be eliminated. The daily vessel
exit into Glacier Bay. The notification lower bay whale waters. A portion of quota would remain at 25. This better
can be accomplished by radio or phone, the daily private vessel quota would be serves public demand by reducing the
allowing the NPS to update operators reserved and made available 48 hours complexity of the program and
about existing or special conditions or before the date for which the permit potentially increasing the number of
operating requirements. would be issued to equitably private vessels from the current 1,971 to
Paragraph (b)(2)(ii), ‘‘Commercial accommodate the varied needs of 2,300. This would also end the
vessel permits and conditions,’’ would visitors and area residents. The park problematic practice of ‘‘apportioning’’
clarify that a cruise ship is required to places a high value on providing access entries to ensure late season visitors
have a concession contract, and tour, for local users and those who travel may still enter Glacier Bay and allows
charter and passenger ferry vessels are with limited advanced destination flexibility to give short-notice permits to
required to have a concession planning. The NPS also considered private vessels, particularly those based
authorization to operate in Glacier Bay providing an exception to operating in Bartlett Cove.
National Park and Preserve. This requirements when necessary to avoid Passenger ferry entries to Bartlett
paragraph also will establish the an immediate threat to passenger or Cove, in accordance with section 127 of
operational requirement for the vessel safety. Deviations may be Public Law 105–83, are set at a year-
passenger ferry to travel a direct route necessary for legitimate safety reasons round daily vessel quota of one.
to Bartlett Cove, except as necessary for but these circumstances do not require Paragraph (b)(2) (B) has been modified
safety considerations. a new regulatory exception. (See 36 CFR for clarity and the time frames
The proposed rule would extend the 1.2.) previously listed have been eliminated.
closure area for cruise ships and tour Paragraph (b)(2)(iii) also adds ‘‘non- This allows the Superintendent the
vessels to the entrance of Adams Inlet commercial’’ to the exception for vessels flexibility to make cruise ship quota
and Beardslee Entrance prohibiting engaged in official business of the state determinations approximately 18
these two vessel types from operating in or federal government. This clarifies months in advance of a cruise ship
these two locations. Glacial rebound that Alaska Marine Highway System season. This time frame is in recognition
and silting from the Casement Glacier ferry vessels are not covered by this of the cruise ship industry’s need for
have caused Adams Inlet to become exception. These vessels are engaged in advance planning. The proposed change
very shallow and unsafe. Extending the commercial operations, i.e., the also ensures that public comment is
closure would reduce the risk of large- transport of passengers for hire. accepted prior to a determination.
vessel accidents in these two areas. The In paragraph (b)(2)(v), ‘‘Restrictions Current regulation provides for public
restrictions in the Beardslee Entrance on vessel entry,’’ the proposed limits on comment after publication in the
Federal Register of the Superintendent’s consequences for whales or other way the economy, productivity,
recommendation for an increase. The wildlife. The public notice is proposed competition, jobs, the environment,
proposed change provides clarity on to follow existing public notice public health or safety, or State, local,
how the public comment process will procedures found in 36 CFR 1.7. The or tribal governments or communities.
occur. current regulation which provides for These conclusions are based on the
submission to the U.S. Coast Guard for analysis contained in the final
Section 13.65(b)(3) Operating
publication is dated, as much of this environmental impact statement and a
Restrictions
information is now provided report prepared on the economic impact
The proposed regulations would electronically. The procedures in 36 of this regulation, ‘‘Economic Analysis
discontinue the whale waters CFR 1.7 provide better flexibility to of Vessel Management Alternatives in
designation and restrictions at three of meet the need to properly inform park Glacier Bay National Park and
the four areas in Glacier Bay—Whidbey visitors. Preserve’’, prepared for the NPS,
Passage, East Arm Entrance and Russell The fuel dock regulation, (b)(4)(ii)(F), Environmental Quality Division, by
Island Passage. The lower bay whale would be revised by adding Research Triangle Institute.
waters are the only location where a Superintendent discretion to authorize This rule will not create a serious
permanent designation of whale waters other uses to protect park resources or inconsistency or otherwise interfere
is necessary and practical. Whale water public safety. This would cover the rare with an action taken or planned by
protections currently in place there from instances when a vessel is unable to another agency. Actions taken under
May 15 through August 31 [(3)(iv)(A)(1)] dock at the public dock but could dock this rule will not interfere with other
would be extended through September safely at the fuel dock. The park does agencies or local government plans,
30 in the proposed rule. Experience not believe this would be a frequent policies, or controls. This is an agency
since 1996 has shown that designating occurrence, as these two docks were specific rule.
whale waters in other areas where constructed, to separate general vessel This rule does not alter the budgetary
whales are not present is not effective docking from hazardous fueling effects of entitlements, grants, user fees,
and it makes the system overly activities. or loan programs or the rights or
complicated for visitors of Glacier Bay. Current paragraph (b)(3)(ix) would be obligations of their recipients. It would
Protection of the areas formerly revised by removing sub-paragraphs (A) only affect the operations of various
designated as whale waters would be and (B), which are redundant, and types of motor vessels on waters
accomplished via the superintendent’s redesignating without change the managed by the park. No grants or other
authority to designate temporary whale remainder as paragraph (b)(4) under the forms of monetary supplement are
waters when whales are found to be new heading ‘‘What are the rules for involved.
gathering and staying for several days in using Bartlett Cove waters and docks.’’ This rule does not raise novel legal or
a particular location. policy issues.
The existing regulations restrict vessel Section 13.65(b)(4) Bartlett Cove
speed in lower bay whale waters to As noted above, this paragraph is a Regulatory Flexibility Act
twenty (20) knots speed through the redesignation of current paragraph The Department of the Interior
water and, when designated due to the (b)(3)(ix). Other than the addition of a certifies that this document will not
presence of whales, ten (10) knots speed heading and the provision for use of the have a significant economic effect on a
through the water. The proposed fuel dock noted above, there are no substantial number of small entities
regulations would increase the speed other changes proposed for this under the Regulatory Flexibility Act (5
limit, when designated due to the paragraph. U.S.C. 601 et seq.). It has been
presence of whales, from ten (10) to determined that there will be no
Section 13.65(b)(5) Marine Vessel
thirteen (13) knots speed through the incremental negative impacts on small
Visible Emissions Standards
water. The best available information entities because revenue losses are not
indicates that speeds of 14 knots or This proposed paragraph would expected. Possible future increases in
more are likely to lead to whale fatality redesignate and revise current vessel quota levels relative to the
in the event of a whale-vessel collision, paragraph (b)(4) to conform to Public baseline are expected to lead to
particularly for vessels 80 meters (262 Law 104–333, section 703, and would incremental increases in business
feet) or more in length. See Laist, D. W., adopt State of Alaska Marine Vessel revenue. This certification is based on
A. R. Knowlton, J. G. Mead, A. S. Collet Visible Emission Standards as a part of information contained in the report
and M. Podesta, Collisions between this rule. titled, ‘‘Economic Analysis of Vessel
Ships and Whales. Marine Mammal Sections 13.65(b)(6) Through (10) Management Alternatives in Glacier Bay
Science, 17(1): 35–75 (2001). The National Park and Preserve’’ (RTI
Superintendent may impose the new Current paragraphs (b)(5) through
International, Health, Social, and
speed limit of thirteen (13) knots in any (b)(9) would be redesignated without
Economic Research, Research Triangle
area designated as whale waters for all change as paragraphs (b)(6) through
Park, N.C. 27709). This report is
vessels, or may limit the imposition to (b)(10) to accommodate the proposed
available from the NPS, Glacier Bay
vessels of a certain size or type changes discussed above.
National Park and Preserve as indicated
depending upon the number of whales Compliance With Other Laws above under the heading FOR FURTHER
estimated to be present, frequency of INFORMATION CONTACT.
vessel traffic, underwater topography Regulatory Planning and Review
and other relevant factors. Based on the (Executive Order 12866) Small Business Regulatory Enforcement
scientific data gathered over the past The Office of Management and Budget Fairness Act (SBREFA)
decade of monitoring, (see NOAA has determined that this is not a This rule is not a major rule under 5
Biological Opinion dated August 5, significant rule and is not subject to U.S.C. 804(2), the Small Business
2003, FEIS, Appendix K, p. 45) the NPS review under Executive Order 12866. Regulatory Enforcement Fairness Act.
does not believe that increasing the This rule will not have an effect of This rule—
speed allowed in whale waters from 10 $100 million or more on the economy. • Does not have an annual effect on
to 13 knots will have any negative It will not adversely affect in a material the economy of $100 million or more.
As noted above, no incremental negative new collection requirements and, requirements in Glacier Bay, as
impacts on small businesses are therefore, no additional request to OMB proposed, are not likely to jeopardize
expected and possible future increases has been prepared. The information the continued existence of listed species
in vessel quota levels would result in collection activities are necessary for the in the action area, or destroy or
increases in business revenue; public to obtain benefits in the form of adversely modify designated critical
• Will not cause a major increase in concession contracts and special use habitat found in the action area.’’ In
costs or prices for consumers, permits. Information collection formulating its opinion, NOAA
individual industries, Federal, State, or associated with the award of concession Fisheries used the best available
local government agencies, or contracts is covered under OMB control information, including information
geographic regions. The proposed number 1024–0125; the information provided in the DEIS that served as the
regulations of this rulemaking will collection associated with the issuance Biological Assessment for section 7
generally maintain existing patterns of of special use permits is covered under consultation along with information
vessel management in the park relative OMB control number 1024–0026. obtained during discussions with NPS
to costs or prices; and staff regarding the new alternative
• Does not have significant adverse National Environmental Policy Act included in the FEIS.
effects on competition, employment, A Final Environmental Impact The NPS Alaska Regional Director
investment, productivity, innovation, or Statement (FEIS) has been completed signed a ROD on November 21, 2003. A
the ability of U.S.-based enterprises to and a Record of Decision (ROD) issued. notice announcing the decision was
compete with foreign-based enterprises. The following topics are addressed in published in the Federal Register on
The various provisions of this proposed the EIS: soundscape; air quality; water December 16, 2003 (68 FR 70031). The
rule do not apply differently to U.S.- quality; threatened and endangered ROD documents the NPS decision to
based enterprises and foreign-based species; marine mammals; marine birds modify quotas and operating
enterprises. and raptors; marine fishes; coastal/ requirements for four types of motor
shoreline environmental and biological vessels—cruise ships and tour, charter
Unfunded Mandates Reform Act communities; cultural resources; visitor and private vessels—within Glacier Bay.
This rule does not impose an experience; vessel use and safety; The ROD addresses the continuing
unfunded mandate on State, local, or wilderness resources; local and regional demand for motor vessel access into
tribal governments or the private sector socio-economic conditions. Glacier Bay in a manner that protects
of more than $100 million per year. The Both the DEIS and FEIS consider: park resources and values while also
rule does not have a significant or • Establishment of vessel quotas and providing a range of opportunities for
unique effect on State, local, or tribal designation of quota seasons for Glacier visitors consistent with park purposes
governments or the private sector. Bay; and values. It was based on
• Definition of vessel classification consideration of the park’s purposes and
Takings (Executive Order 12630) criteria; mission, resources and values, NPS
In accordance with Executive Order • Exemption of private vessels based policies, comments received throughout
12630, the rule does not have significant in Bartlett Cove; the EIS process, and information and
takings implications. A takings • Issuance of vessel permits on a analysis in the EIS. In reaching a
implication assessment is not required short-notice basis; decision, NPS carefully considered the
because no taking of property will occur • Establishment of vessel travel comments and concerns expressed by
as a result of this proposed rule. routes for cruise ships and waters closed the public throughout the EIS process.
to cruise ship and/or tour vessel use; The NPS selected alternative 6, as
Federalism (Executive Order 13132) • Vessel speed restrictions and speed described in the FEIS, with the
In accordance with Executive Order measurement methods; and following modifications—
13132, the rule does not have sufficient • Establishment of vessel quotas and • The July 1 through August 21
federalism implications to warrant the designation of quota seasons for tour timeframe during which a 0.25-nautical-
preparation of a Federalism Assessment. and/or charter vessels for Dundas Bay mile vessel approach distance to a seal
The proposed rule is limited in effect to (currently no vessel quotas are in place hauled out on ice in Johns Hopkins Inlet
federal lands and waters managed by for Dundas Bay). waters will be retained as in current
the NPS and will not have a substantial Several consultations took place with regulations and will not be extended to
direct effect on state and local government agencies during the EIS year-round;
government in Alaska. process, including with the Hoonah • A 13-knot speed limit for vessels
Indian Association, a federally greater than or equal to 262 feet (80
Civil Justice Reform (Executive Order recognized tribal government; the State meters) will be in effect in Glacier Bay
12988) of Alaska; NOAA Fisheries; and the U.S. as needed, rather than on a year-round
In accordance with Executive Order Fish and Wildlife Service. Formal basis; and
12988, the Office of the Solicitor has endangered species consultation took • Existing conditions do not support
determined that this rule does not place with NOAA Fisheries in immediate implementation of motor
unduly burden the judicial system and accordance with section 7 of the vessel limits in Dundas Bay.
meets the requirements of sections 3(a) Endangered Species Act. Studies and monitoring are
and 3(b)(2) of the Order. This rule does NOAA Fisheries issued a biological insufficient to support the need for
not impose a new burden on the judicial opinion on August 5, 2003. Species limits at this time. The NPS will
system. considered in the opinion were the undertake study and monitoring of use
Steller sea lion, specifically the and resource conditions in Dundas Bay
Paperwork Reduction Act threatened eastern stock and the and will impose limits when a clearer
This regulation requires an endangered western stock, and the need is established. A research
information collection from 10 or more endangered central North Pacific framework, developed with the
parties, which must be submitted for humpback whale. NOAA Fisheries assistance of a scientific advisory board,
OMB approval under the Paperwork concluded that the ‘‘proposed vessel will help ensure that appropriate
Reduction Act. However, these are not quota increases and operating studies and monitoring will be
undertaken to guide vessel management, Are the requirements in the rule clearly honor to the extent allowable by law. If
including a decision(s) regarding stated? (2) Does the rule contain you wish us to withhold your name
possible increases in seasonal-use day technical language or jargon that and/or address, you must state this
numbers for cruise ships in Glacier Bay. interferes with its clarity? (3) Does the prominently at the beginning of your
None of the effects resulting from any format of the rule (grouping and order comment. However, we will not
of the alternatives evaluated during the of sections, use of headings, consider anonymous comments. We
EIS process, including the alternative paragraphing, etc.) aid or reduce its will make all submissions from
presented in the ROD, would impair clarity? (4) Would the rule be easier to organizations or businesses, and from
park resources and values. read if it were divided into more (but individuals identifying themselves as
The FEIS and ROD are available shorter) sections? (A ‘‘section’’ appears representatives or officials of
online at: http://www.nps.gov/glba or at in bold type and is preceded by the organizations or businesses, available
Glacier Bay National Park and Preserve, symbol ‘‘§ ’’ and a numbered heading; for public inspection in their entirety.
as indicated above under the heading for example § 7.XX .........) (5) Is the
FOR FURTHER INFORMATION CONTACT.
List of Subjects in 36 CFR Part 13
description of the rule in the
Government-to-Government ‘‘Supplementary Information’’ section of Alaska, National Parks, Reporting and
Relationship With Tribes the preamble helpful in understanding recordkeeping requirements.
the proposed rule? What else could we In consideration of the foregoing, the
In accordance with Executive Order do to make the rule easier to National Park Service proposes to
13175 ‘‘Consultation and Coordination understand? amend 36 CFR part 13 as follows:
with Indian Tribal Governments’’ (65 FR Send a copy of any comments that
67249); the President’s memorandum of concern how we could make this rule PART 13—NATIONAL PARK SYSTEM
April 29, 1994, ‘‘Government to easier to understand to: Office of UNITS IN ALASKA
Government Relations with Native Regulatory Affairs, Department of the
American Tribal Governments’’ (59 FR Interior, Room 7229, 1849 C Street, 1. The authority citation for part 13 is
22951); the Department of the Interior- NW., Washington, DC 20240. You may revised to read as follows:
Alaska Policy on Government-to- also e-mail the comments to this Authority: 16 U.S.C. 1, 3, 462(k), 3101 et
Government Relations with Alaska address: Exsec@ios.doi.gov. seq.; Sec. 152, Pub. L. 105–277, 112 Stat.
Native Tribes dated January 18, 2001; Drafting Information: The primary 2681–268.
Part 512 of the Departmental Manual, authors of this regulation were: Tomie Section 13.65 also issued under 16 U.S.C.
Chapter 2, ‘‘Departmental Lee, Superintendent; Chuck Young, 1a–2(h), 20, 1361, 1531, 3197; Sec. 703, Pub.
Responsibilities for Indian Trust Chief Ranger; Dave Nemeth, Chief of L. 104–333, 110 Stat. 4185: Sec. 127, Pub. L.
Resources’’; and the park consultation 105–83, 111 Stat. 26: Sec. 123, Pub. L. 105–
Concessions; and Nancy Swanton, Park
277, 112 Stat. 2681–259, October 21, 1998;
agreement with tribal governments, the Planner at Glacier Bay National Park Sec. 501, Pub. L. 106–31, 113 Stat. 72, May
potential effects on federally-recognized and Preserve; Jay Liggett, Paul Hunter, 21, 1999; and Sec. 130, Pub. L. 107–63, 115
Indian tribes and have been evaluated. and Andee Hansen at the Alaska Stat. 442.
During the past several years, the NPS Regional Office; Russel J. Wilson, Section 13.66(c) also issued under Sec.
has developed an effective working Deputy Superintendent, Sequoia and 1035, Pub. L. 104–333, 110 Stat. 4240,
relationship with the Hoonah Indian Kings Canyon National Parks and Jerry November 12, 1996.
Association and other regional Native Case, Regulations Program Manager, 2. Section 13.65 is amended as
organizations with interests in matters Washington, DC. follows:
pertaining to Glacier Bay National Park
Public Participation A. In paragraph (b)(1), remove the
and Preserve. All parties consulted
If you wish to comment, you may definitions of ‘‘Entry’’, ‘‘Operate or
concur that Glacier Bay and Dundas Bay
submit your comments by any one of operating’’, ‘‘Pursue’’, and ‘‘Vessel use-
lie within the traditional homelands of
several methods. You may submit day’’.
the Hoonah Tlingits, and that the
Hoonah Indian Association, a federally comments electronically through the B. In paragraph (b)(1), revise the
recognized tribal government, is the Federal eRulemaking Portal: http:// introductory language and the
representative government for Hoonah www.regulations.gov. The Regulatory definitions of ‘‘Charter vessel’’,
Tlingits. During this extended Information Number (RIN) must be ‘‘Commercial fishing vessel’’, ‘‘Cruise
consultation the full range of issues included. It is 1024–AD25. Your name ship’’, ‘‘Glacier Bay’’, ‘‘Private vessel’’,
relating to vessel quotas, operating and return address must be included in ‘‘Speed through the water’’, and ‘‘Tour
requirements, and cultural resources has the body of your Internet message. You vessel’’.
been identified and discussed at length. also may mail comments to C. In paragraph (b)(1), add in
Extensive ethnographic research had Superintendent Tomie Patrick Lee, alphabetical order definitions of ‘‘Daily
been conducted to gather detailed Glacier Bay National Park and Preserve, vessel quota’’, ‘‘Passenger ferry’’, and
information about cultural resources P.O. Box 140 Gustavus, AK 99826. ‘‘Seasonal vessel quota’’.
important to Hoonah Tlingits. Meetings Finally, you may hand deliver D. Revise paragraph (b)(2).
were held with the tribal government comments to Superintendent Tomie E. In paragraph (b)(3), revise the
and with community and tribal Patrick Lee at Glacier Bay National Park introductory language and paragraphs
members. and Preserve Headquarters Office at (b)(3)(i) through (v).
Bartlett Cove. F. Redesignate paragraphs (b)(4)
Clarity of Rule Our practice is to make comments, through (9) as paragraphs (b)(5) through
Executive Order 12866 requires each including names and addresses of (10).
agency to write regulations that are easy respondents, available for public review G. In paragraph (b)(3)(ix), remove
to understand. We invite your during regular business hours. paragraphs (b)(3)(ix)(A), (B), and (C),
comments on how to make this rule Individual respondents may request that and redesignate the paragraph and its
easier to understand, including answers we withhold their home address from constituent subparagraphs as shown in
to questions such as the following: (1) the rulemaking record, which we will the following table:
Current paragraph designation New paragraph designation
(b)(3)(ix), introductory text ........................................................................ (b)(4), introductory text.

(b)(3)(ix)(C)(1), introductory text ............................................................... (b)(4)(i), introductory text.
(b)(3)(ix)(C)(1)(i) ....................................................................................... (b)(4)(i)(A).
(b)(3)(ix)(C)(1)(ii) ....................................................................................... (b)(4)(i)(B).
(b)(3)(ix)(C)(1)(iii) ...................................................................................... (b)(4)(i)(C).
(b)(3)(ix)(C)(1)(iv) ...................................................................................... (b)(4)(i)(D).
(b)(3)(ix)(C)(1)(v) ...................................................................................... (b)(4)(i)(E).
(b)(3)(ix)(C)(2), introductory text ............................................................... (b)(4)(ii), introductory text.
(b)(3)(ix)(C)(2)(i) ....................................................................................... (b)(4)(ii)(A).
(b)(3)(ix)(C)(2)(ii) ....................................................................................... (b)(4)(ii)(B).
(b)(3)(ix)(C)(2)(iii) ...................................................................................... (b)(4)(ii)(C).
(b)(3)(ix)(C)(2)(iv) ...................................................................................... (b)(4)(ii)(D).
(b)(3)(ix)(C)(2)(v) ...................................................................................... (b)(4)(ii)(E).
(b)(3)(ix)(C)(2)(vi) ...................................................................................... (b)(4)(ii)(F).
(b)(3)(ix)(C)(2)(vii) ..................................................................................... (b)(4)(ii)(G).
(b)(3)(ix)(C)(2)(viii) .................................................................................... (b)(4)(ii)(H).
H. Redesignate paragraphs (b)(3)(x) by vessel category, on any one calendar enters Glacier Bay for the first time that
and (b)(3)(xi) as paragraphs (b)(4)(ii)(I) day. calendar year, the operator must go
and (b)(4)(ii)(J), respectively. Glacier Bay means all waters inside a directly to the Bartlett Cove Ranger
I. Revise redesignated paragraph (b)(4) line drawn between Point Gustavus Station for orientation.
introductory text. (58.37914 N. Latitude; 135.915445 W. (B) From May 1 through September
J. Revise redesignated paragraph Longitude) and Point Carolus (58.37824 30, the operator of a private vessel must
(b)(4)(ii)(F). N. Latitude; 136.042250 W. Longitude). immediately notify the Bartlett Cove
K. Revise redesignated paragraph * * * * * Ranger Station of the vessel’s entry to or
(b)(5). Passenger ferry means a motor vessel exit from Glacier Bay.
L. In redesignated paragraphs (b)(6) authorized by the Superintendent to (ii) Commercial vessel permits and
through (10), revise the heading of each engage in the transport of passengers for conditions. Each commercially operated
paragraph. hire to Bartlett Cove. motor vessel must have a permit to
The additions and revisions read as Private vessel means any motor vessel operate in Glacier Bay National Park
follows: that is not engaged in business (business and Preserve in accordance with § 5.3 of
includes, but is not limited to, this chapter.
§ 13.65 Glacier Bay National Park and transportation of passengers for hire or (A) A cruise ship must have a
Preserve. commercial fishing). concession contract to operate in Glacier
* * * * * * * * * * Bay.
(b) * * * Seasonal vessel quota means the (B) A tour vessel, charter vessel, and
(1) What terms do I need to know? maximum number of vessels allowed, passenger ferry must have a commercial
* * * * * by vessel category, during a specific authorization to operate in Glacier Bay.
Charter vessel means any motor vessel seasonal period. (C) The operator of a cruise ship, tour
Speed through the water means the vessel, charter vessel, and passenger
of less than 100 tons gross (U.S. System)
speed at which a vessel moves through ferry must notify the Bartlett Cove
or 2,000 tons gross (International
the water (which itself may be moving),
Convention System) engaged in Ranger Station of the vessel’s entry into
as distinguished from ‘‘speed over the
transport of passengers for hire and Glacier Bay within 48 hours in advance
ground’’ (speed measured in relation to
certificated to carry no more than 12 of entering Glacier Bay or immediately
a fixed point on the earth).
passengers overnight and no more than Tour vessel means any motor vessel of upon entry.
49 passengers for daytime use. Charter less than 100 tons gross (U.S. System) or (D) Cruise ships and tour vessels are
vessels also include any uninspected 2,000 tons gross (International prohibited from operating in the
motor vessel measuring less than 200 Convention System) engaged in Beardslee Entrance and at the entrance
tons gross (U.S. Tonnage ‘‘Simplified transport of passengers for hire and to Adams Inlet, as defined as waters
Measurement System’’) and not more certificated to carry more than 12 within the Wilderness boundaries in
than 24 meters (79 feet) in length passengers overnight or more than 49 those respective areas.
engaged in transport of passengers for passengers for daytime use. (E) Off-boat activity from a cruise
hire. ship, tour vessel, or charter vessel is
* * * * *
Commercial fishing vessel means any (2) Is a permit required for a vessel in prohibited, unless authorized by the
motor vessel conducting fishing Glacier Bay? A permit from the superintendent.
activities under the appropriate superintendent is required for motor (F) Off-boat activity from a passenger
commercial fishing licenses as vessels in accordance with this section ferry is prohibited, except for passenger
authorized under paragraph (a) of this and applicable regulations in this part. access at the Bartlett Cove docks.
section. (i) Private vessel permits and (G) A passenger ferry must travel a
Cruise ship means any motor vessel of conditions. In Glacier Bay from June 1 direct course between the mouth of
at least 100 tons gross (U.S. System) or through August 31 an individual must Glacier Bay and Bartlett Cove, except as
2,000 tons gross (International have a permit from the NPS issued for provided in paragraph (b)(1)(iii)(E) of
Convention System) certificated to carry a specific vessel for a specific period of this section.
more than 12 passengers for hire. time. (iii) Exceptions from vessel permit
Daily vessel quota means the (A) From June 1 through August 31, requirement. A vessel permit is not
maximum number of vessels allowed, when the operator of a private vessel required in Glacier Bay when—
(A) A motor vessel is engaged in accordance with a concession agreement (B) Violating a term or condition of a
official, non-commercial business of the from a permitted motor vessel while permit or an operating condition or
state or federal government; that vessel is not underway. restriction issued or imposed pursuant
(B) A motor vessel is operating in (D) A commercial fishing vessel to this chapter is prohibited.
Bartlett Cove waters east of a line authorized under paragraph (a) of this (C) The superintendent may
extending from the long axis of the fuel section is actively engaged in immediately suspend or revoke a permit
dock to the wilderness boundary at commercial fishing; or or deny a future permit request as a
Lester Island; (E) A vessel is granted safe harbor by result of a violation of a provision of
(C) One motor vessel is launched from the superintendent. this chapter.
a motor vessel that has a permit and (iv) Prohibitions. (A) Operating a (v) Restrictions on vessel entry. The
only while the authorized motor vessel motor vessel in Glacier Bay without a superintendent will allow vessel entry
remains at anchor or operated in required permit is prohibited. in accordance with the following table:
Daily ves- Seasonal

sel vessel Period covered by
Type of vessel Period covered by DVQ
quotas quota SVQ
(DVQ) (SVQ)
Cruise ship ....................................................... 2 Year-round ....................................................... Up to 184 June 1–August 31.

Up to 122 May and September.
Tour vessel ...................................................... 3 Year-round ....................................................... n/a ........... n/a.
Charter vessel .................................................. 6 June 1–Aug. 31 ............................................... n/a ........... n/a.
Private vessel .................................................. 25 June 1–Aug. 31 ............................................... n/a ........... n/a.
Passenger ferry ............................................... 1 Year-round ....................................................... n/a ........... n/a.
Note: Cruise ships and tour vessels are limited to the daily vessel quota year-round. Charter and private vessels are not subject to quotas
from September through May.
(A) The director will reduce the vessel the whale until at least one-quarter mid-channel is prohibited. This
quota levels for any or all categories of nautical mile of separation is restriction does not apply to motor
vessels in this section as required to established. Failure to take such action vessels less than 18 feet in length, or
protect the values and purposes of is prohibited. vessels actively engaged in fishing
Glacier Bay National Park and Preserve. (iii) The operator of a vessel or activities or operating solely under sail.
The director will make these reductions seaplane positioned within one-half (2) Unless other restrictions apply,
based on the controlling biological nautical mile of a whale is prohibited operators may perpendicularly
opinion issued by the National Oceanic from altering course or speed in a approach or land on shore (i.e., by the
and Atmospheric Administration manner that results in decreasing the most direct line to shore) through
Fisheries under section 7 of the distance between whale and the vessel designated whale waters, but they may
Endangered Species Act, applicable or seaplane. not transit along the shore.
authority, and any other relevant (iv) Whale water designations and (3) Operators must follow motor
information. restrictions. (A) From May 15 through vessel speed limits in paragraph
(B) The superintendent will annually September 30, the following waters are (b)(3)(v)(A) of this section.
determine the cruise ship quota. This designated whale waters— (v) Speed restrictions. (A) From May
determination will be based upon (1) Waters north of a line drawn from 15 through September 30 in designated
applicable authorities, appropriate Point Carolus to Point Gustavus and whale waters the following are
public comment and available scientific south of a line drawn from the prohibited—
and other information. The number will northernmost point of Lars Island across (1) Operating a motor vessel at more
be subject to the maximum daily vessel the northernmost point of Strawberry than 20 knots speed through the water;
quota of two vessels. Island to the point where it intersects or
(C) Nothing in this section will be the line that defines the Beardslee (2) Operating a motor vessel at more
construed to prevent the superintendent Island group, and following that line than 13 knots speed through the water,
from taking any action at any time to south and west to the Bartlett Cove when the superintendent has designated
protect the values and purposes of shore (so as to include the Beardslee a maximum speed of 13 knots.
Glacier Bay National Park and Preserve. Entrance and Bartlett Cove); and (B) From July 1 through August 31,
(3) What are the rules for operating (2) Other waters designated by the operating a motor vessel on Johns
vessels? (i) Operating a vessel within superintendent as temporary whale Hopkins Inlet waters south of 58°54.2′
one-quarter nautical mile of a whale is waters. N. latitude (a line running due west
prohibited, except for a commercial (B) The public will be notified of from Jaw Point) at more than 10 knots
fishing vessel authorized under other waters designated as temporary speed through the water is prohibited.
paragraph (a) of this section that is whale waters in accordance with § 1.7 of * * * * *
actively trolling, setting, or pulling long this chapter. (4) Other restrictions. The
lines, or setting or pulling crab pots. (C) Violation of a whale water superintendent will make rules for the
(ii) The operator of a vessel restriction is prohibited. The following safe and equitable use of Bartlett Cove
inadvertently positioned within one- restrictions apply in whale waters waters and for park docks. The
quarter nautical mile of a whale must unless otherwise provided by the superintendent will notify the public of
immediately slow the vessel to ten knots superintendent in the designation: these rules by posting a sign or a copy
or less, without shifting into reverse (1) Operating a motor vessel less than of them at the dock. Failure to obey a
unless impact is likely. The operator one nautical mile from shore (where the sign or posted rule is prohibited.
must direct or maintain the vessel on as width of the water permits), or in * * * * *
steady a course as possible away from narrower areas navigating outside of (ii) * * *
(F) Utilizing the fuel dock for submittal and anticipates no adverse captured and included as part of the
activities other than fueling and waste comments. A detailed rationale for the comment that is placed in the public
pump-out is prohibited. Other uses may approval is set forth in the direct final docket and made available on the
be authorized by the Superintendent to rule. If no adverse comments are Internet. If you submit an electronic
protect park resources or public safety. received in response to this action, no comment, EPA recommends that you
* * * * * further activity is contemplated. If EPA include your name and other contact
(5) What are the emission standards receives adverse comments, the direct information in the body of your
for vessels? (i) The State of Alaska final rule will be withdrawn and all comment and with any disk or CD–ROM
statutes and regulations applicable to public comments received will be you submit. If EPA cannot read your
marine vessel emission standards are addressed in a subsequent final rule comment due to technical difficulties
adopted as a part of these regulations. based on this proposed rule. EPA will and cannot contact you for clarification,
(ii) Violating a State of Alaska statute not institute a second comment period. EPA may not be able to consider your
or regulation applicable to marine vessel Any parties interested in commenting comment. Electronic files should avoid
visible emission standards is prohibited. on this action should do so at this time. the use of special characters, any form
(6) May I collect or burn interstadial DATES: Comments must be received in of encryption, and be free of any defects
wood? * * * writing by April 3, 2006. or viruses.
(7) May I collect rocks and minerals? ADDRESSES: Submit your comments, Docket: All documents in the
* * * identified by Docket ID Number EPA– electronic docket are listed in the
(8) May I collect goat hair? * * * R03–0AR–2005–VA–0014 by one of the www.regulations.gov index. Although
(9) Do I need a camping permit in following methods: listed in the index, some information is
Glacier Bay? * * * A. Federal eRulemaking Portal: not publicly available, i.e., CBI or other
(10) Is a permit required to transport http://www.regulations.gov. Follow the information whose disclosure is
passengers between Bartlett Cove and on-line instructions for submitting restricted by statute. Certain other
Gustavus? * * * comments. material, such as copyrighted material,
Dated: February 7, 2006. B. E-mail: frankford.harold@epa.gov. is not placed on the Internet and will be
C. Mail: EPA–R03–OAR–2005–VA– publicly available only in hard copy
Matthew J. Hogan,
0014, Harold A. Frankford, Office of Air form. Publicly available docket
Acting Assistant Secretary for Fish and materials are available either
Wildlife and Parks. Programs, Mailcode 3AP20, U.S.
Environmental Protection Agency, electronically in www.regulations.gov or
[FR Doc. 06–2000 Filed 3–2–06; 8:45 am] in hard copy during normal business
BILLING CODE 4310–70–P
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. hours at the Air Protection Division,
D. Hand Delivery: At the previously- U.S. Environmental Protection Agency,
listed EPA Region III address. Such Region III, 1650 Arch Street,
ENVIRONMENTAL PROTECTION Philadelphia, Pennsylvania 19103.
deliveries are only accepted during the
AGENCY Copies of the State submittal are
Docket’s normal hours of operation, and
special arrangements should be made available at the Virginia Department of
40 CFR Part 52 Environmental Quality, 629 East Main
for deliveries of boxed information.
[EPA–R03–OAR–2005–VA–0014; FRL–8039– Instructions: Direct your comments to Street, Richmond, Virginia 23219.
9] Docket ID No. EPA–R03–OAR–2005– FOR FURTHER INFORMATION CONTACT:
VA–0014. EPA’s policy is that all Harold A. Frankford, (215) 814–2108, or
Approval and Promulgation of Air
comments received will be included in by e-mail at frankford.harold@epa.gov.
Quality Implementation Plans; Virginia;
the public docket without change, and SUPPLEMENTARY INFORMATION: For
Technical Documents Incorporated by
may be made available online at further information, please see the
Reference
www.regulations.gov, including any information provided in the direct final
AGENCY: Environmental Protection personal information provided, unless action, with the same title, that is
Agency (EPA). the comment includes information located in the ‘‘Rules and Regulations’’
ACTION: Proposed rule. claimed to be Confidential Business section of this Federal Register
Information (CBI) or other information publication. Please note that if EPA
SUMMARY: EPA proposes to approve the whose disclosure is restricted by statute. receives adverse comment on an
State Implementation Plan (SIP) Do not submit information that you amendment, paragraph, or section of
revision submitted by the consider to be CBI or otherwise this rule and if that provision may be
Commonwealth of Virginia consisting of protected through www.regulations.gov severed from the remainder of the rule,
revised citations, editions, and corrected or e-mail. The www.regulations.gov Web EPA may adopt as final those provisions
addresses to documents which are site is an ‘‘anonymous access’’ system, of the Virginia rule that are not the
incorporated by reference in Virginia’s which means EPA will not know your subject of an adverse comment.
SIP-approved regulations. In the Final identity or contact information unless
Rules section of this Federal Register, you provide it in the body of your Dated: February 22, 2006.
EPA is approving the State’s SIP comment. If you send an e-mail William Early,
submittal as a direct final rule without comment directly to EPA without going Acting Regional Administrator, Region III.
prior proposal because the Agency through www.regulations.gov, your e- [FR Doc. 06–1942 Filed 3–2–06; 8:45 am]
views this as a noncontroversial mail address will be automatically BILLING CODE 6560–50–P

Proposed Rule: National Park System: Glacier Bay National Park, AK Vessel Management

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10940 Federal Register / Vol. 71, No.

42 / Friday, March 3, 2006 / Proposed Rules

DEPARTMENT OF THE TREASURY DEPARTMENT OF THE INTERIOR located in southeast Alaska,

Current paragraph designation New paragraph designation

(b)(3)(ix), introductory text ........................................................................ (b)(4), introductory text.

Daily ves- Seasonal

Cruise ship ....................................................... 2 Year-round ....................................................... Up to 184 June 1–August 31.

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