Rule2021-27138
Colonial National Historical Park; Vessels and Commercial Passenger-Carrying Motor Vehicles
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 15, 2021
Effective
January 14, 2022
Issuing agencies
Interior DepartmentNational Park Service
Abstract
The National Park Service amends the special regulations for Colonial National Historical Park. This rule removes a regulation that prevents the Superintendent from designating sites within the park for launching and landing private vessels. The rule also removes outdated permit and fee requirements for commercial passenger-carrying vehicles.
Full Text
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<title>Federal Register, Volume 86 Issue 238 (Wednesday, December 15, 2021)</title>
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[Federal Register Volume 86, Number 238 (Wednesday, December 15, 2021)]
[Rules and Regulations]
[Pages 71148-71152]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27138]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-COLO-31886; GPO Deposit Account 4311H2]
RIN 1024-AE39
Colonial National Historical Park; Vessels and Commercial
Passenger-Carrying Motor Vehicles
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: The National Park Service amends the special regulations for
Colonial National Historical Park. This rule removes a regulation that
prevents the Superintendent from designating sites within the park for
launching and landing private vessels. The rule also removes outdated
permit and fee requirements for commercial passenger-carrying vehicles.
DATES: This rule is effective on January 14, 2022.
ADDRESSES: The comments received on the proposed rule are available on
<a href="http://www.regulations.gov">www.regulations.gov</a> in Docket ID: NPS-2020-0004.
FOR FURTHER INFORMATION CONTACT: Steven Williams, Acting
Superintendent, Colonial National Historical Park. Phone: (757) 898-
3400; Email: <a href="/cdn-cgi/l/email-protection#9fccebfae9faf1c0c8f6f3f3f6fef2ecdff1efecb1f8f0e9"><span class="__cf_email__" data-cfemail="f1a2859487949faea6989d9d98909c82b19f8182df969e87">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
Colonial National Historical Park is located along the James and
York Rivers and encompasses the historic Jamestown Island, Colonial
Parkway, and the Yorktown Battlefield. There are also small, inland
parcels of the park
[[Page 71149]]
located at Greenspring, Gloucester Point, and Fort Story. The park
tells the story of the Colonial era from the origins of the occupancy
of Jamestown Island in 1607 to the last major battle of the
Revolutionary War at Yorktown in 1781. These two sites are connected by
the Colonial Parkway, which winds 23 miles through scenic forests, over
waterways, along river banks, and under Colonial Williamsburg. Much of
the park is surrounded by water and includes an extensive amount of
shoreline. All of the waterways in the area are a part of the Captain
John Smith Chesapeake National Historic Trail that overlays the entire
Chesapeake Bay and a large portion of its navigable tributaries. The
park and the national historic trail are both administered by the
National Park Service (NPS) and go hand-in-hand in this area of
Virginia.
Final Rule
Launching and Retrieving Vessels
Since the park was established in the 1930s, the NPS has prohibited
the launching or landing of watercraft, except in emergency situations.
The current prohibition at 36 CFR 7.1(a) states that, except in
emergencies, no privately owned vessel shall be launched from land
within the park and no privately owned vessel shall be beached or
landed on land within the park. Consistent with the 2003 Record of
Decision for the Jamestown Project Development Concept Plan, the NPS
has been exploring new opportunities for boating within the park. Local
partners and members of the community have approached the NPS to
discuss funding the construction of potential launch sites to better
connect a variety of visitors to the shared history of the area. The
NPS and its partners share an interest in establishing access to the
James and York Rivers, and thus the Captain John Smith Chesapeake
National Historic Trail, for water-based educational and recreational
activities.
In order to allow the NPS to pursue these management objectives,
this rule removes the special regulation at 36 CFR 7.1(a). Without this
park-specific prohibition, the launching and landing of vessels will be
governed by NPS general regulations at 36 CFR 3.8(a)(2). This
regulation prohibits the launching or recovering (i.e., retrieval) of a
vessel, except at launch sites designated by the Superintendent. Under
this general regulation, the Superintendent of a park has the
discretion to designate launch and retrieval sites within the park.
Under NPS policy, this would only occur if the Superintendent
determines that the use of those sites for boating activities is
appropriate to the purpose for which the park was established and can
be sustained without causing unacceptable impacts. See NPS Management
Policies 8.1.1. The Superintendent would provide notice to the public
of any such designation using one or more of the methods set forth in
36 CFR 1.7.
Commercial Passenger-Carrying Motor Vehicles
This rule also removes the special regulations for the park at 36
CFR 7.1(b). These regulations require a permit for the operation of
commercial passenger-carrying motor vehicles within the park and
establish a fee structure for obtaining a permit. For each seat
carrying a passenger, an annual permit costs $3.50 and a quarterly
permit costs $1. One-day permits are available for $1 (up to 5-
passenger vehicles) or $3 (over 5 passenger vehicles). 36 CFR 7.1(b)(1)
through (4).
The permit requirement is unnecessary because it is redundant with
the NPS general regulation at 36 CFR 5.3, which requires a permit,
contract, or other written agreement in order to engage in business
operations within a park area. The NPS uses commercial use
authorizations (CUAs) to authorize commercial passenger-carrying motor
vehicles. A CUA is a type of permit that allows an individual, group,
company, or other for-profit entity to conduct commercial activities
and provide specific visitor services within a unit of the National
Park System.
The fee structure in 36 CFR 7.1(b) is over 30 years old. The NPS no
longer charges those fees because they would not come close to
offsetting the increasing administrative costs of managing commercial
passenger-carrying vehicles within the park. Instead, the NPS charges
an entrance fee for commercial passenger-carrying vehicles under
section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C.
6802) and CUA fees under 54 U.S.C. 101925.
Summary of Public Comments
The NPS published a proposed rule in the Federal Register on
October 6, 2020 (85 FR 63062). The NPS accepted public comments on the
proposed rule for 60 days via the mail, hand delivery, and the Federal
eRulemaking Portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Comments were
accepted through December 7, 2020. A total of 73 comments were
submitted and reviewed. Many commenters supported the proposed rule and
did not raise any issues or suggest any changes. Several commenters
supported the potential of launch and retrieval sites to create
recreational and educational opportunities in the park and a stronger
connection with local communities. Some commenters raised concerns or
questions about the proposed rule that the NPS summarizes and responds
to below. After considering the public comments and after additional
review, the NPS did not make any changes to the rule.
1. Comment: Several commenters asked whether the NPS will evaluate
potential impacts to the environment before designating launch and
retrieval sites within the park. Commenters raised concerns that
increased boating activity would harm wildlife and submerged
vegetation, erode shorelines, degrade water quality and introduce
aquatic invasive species.
NPS Response: Decisions to construct and designate launch and
retrieval sites will be subject to compliance with the National
Environmental Policy Act, which means the NPS will evaluate potential
impacts to the environment from construction activities and the
expected use of the launch and retrieval sites prior to making such
decisions. The Superintendent may develop sites and allow the launching
and retrieval of vessels only if such activity is appropriate to the
purpose for which the park was established and can be sustained without
causing unacceptable impacts to the environment.
2. Comment: One commenter stated that the NPS should undergo
notice-and-comment rulemaking prior to designating launch and retrieval
sites within the park in order to allow interested parties to comment.
NPS Response: NPS general regulations at 36 CFR 3.8(a)(2) provide
the Superintendent with discretionary authority to designate launch and
retrieval sites within the park. The Superintendent may exercise this
discretionary authority at the park level without the need to
promulgate special regulations, which would require notice-and-comment
rulemaking under the Administrative Procedure Act. Many NPS regulations
give the Superintendent similar discretionary authorities to designate
areas for visitor use activities. See, for example, regulations
allowing the Superintendent to designate: (1) Campsites (36 CFR 2.10);
(2) trails, routes and areas for the use of use of horses or pack
animals (36 CFR 2.16); and (3) areas for using roller skates,
skateboards, roller skis, coasting vehicles, or similar devices (36 CFR
2.20). In contrast to 36 CFR 3.8(a)(2) and regulations that provide
similar discretionary authority to
[[Page 71150]]
Superintendents, other NPS regulations specifically require rulemaking.
See, for example, regulations governing the use of: (1) Aircraft (36
CFR 2.17); (2) snowmobiles (36 CFR 2.18); (3) personal watercraft (36
CFR 3.9); and (3) motor vehicles off park roads and parking areas (36
CFR 4.10).
Even though 36 CFR 3.8(a)(2) does not require a special regulation,
the NPS will provide interested stakeholders with an opportunity to
review and comment on proposed launch sites through the Planning,
Environment and Public Comment (PEPC) website (<a href="https://parkplanning.nps.gov/">https://parkplanning.nps.gov/</a>). All discretionary actions taken by the
Superintendent must be compiled in writing, updated annually, and made
available to the public upon request. 36 CFR 1.7(b). This compilation
is referred to as the Superintendent's Compendium. The Superintendent
will identify designated launch and retrieval sites in the
Superintendent's Compendium for the park, which is available on the
park's website (<a href="https://www.nps.gov/colo/learn/management/lawsandpolicies.htm">https://www.nps.gov/colo/learn/management/lawsandpolicies.htm</a>).
3. Comment: Several commenters asked the NPS to clarify the types
of vessels that could be allowed to launch and land within the park.
Many commenters supported the use of nonmotorized vessels only and
suggested that motorized vessels be prohibited in order to preserve the
visitor experience on the beaches and the pristine nature and
soundscape of the park.
NPS Response: NPS general regulations at 36 CFR 3.8(a)(2) allow the
Superintendent to designate launch and retrieval sites for ``vessels,''
which are defined broadly in 36 CFR 1.4 to mean ``every description of
watercraft, or other artificial contrivance used, or capable of being
used, as a means of transportation on the water.'' As a result, the
Superintendent will have the discretion to allow motorized vessels to
launch and land from designated sites in the park. The Superintendent
may limit use to nonmotorized vessels, however, if that is appropriate
given the purpose of the park and potential impacts to the environment
or other park visitors from motorized vessels. At this time, the NPS
does not plan to allow motorized vessels to launch and land from
designated sites within the park.
4. Comment: Several commenters suggested specific launch and
retrieval sites within the park, including sites along the York River,
James River, College Creek, and Mill Creek. Other commenters identified
sites that should not be considered due to the potential for adverse
visual impacts to the historical character of certain locations within
the park, including Jamestown Island and the Yorktown Battlefield. One
commenter requested that the NPS select sites that would minimize trail
and sidewalk construction.
NPS Response: The NPS will engage with the public prior to site
selection to better understand potential impacts to resources and
visitors, support for, and controversy associated with a particular
location. The NPS will evaluate existing conditions and potential
management strategies at potential sites within the park to serve a
diversity of visitor needs and enhance the quality of the visitor
experience. A decision to develop a site for launch and retrieval
facilities will take into account both primary impacts of development
(such as noise, air, and water pollution), and secondary impacts
(including cumulative effects over time) that recreational use
associated with the development may have on park resources and visitor
enjoyment. Any launch location will be carefully sited and designed to
avoid unacceptable adverse effects on historical sites and aquatic and
riparian habitats, and to minimize conflicts between boaters and other
visitors who enjoy the park.
5. Comment: Several commenters questioned the cost of constructing
launch and retrieval sites. Some commenters stated that the NPS would
not be able to justify the cost of building launch sites for motorized
vessels due to the availability of nearby marinas that can be used for
this purpose outside of the park. One commenter expressed concern that
new boating activity could have broader cost implications for the NPS
if it leads to increased traffic on the parkway, which the commenter
stated is already in need of rehabilitation.
NPS Response: The planning process for selecting launch and
retrieval sites will consider the costs of initial construction as well
as ongoing maintenance. Local partners and members of the community
have approached the NPS to discuss funding the construction of
potential launch sites to better connect a variety of visitors to the
shared history of the area. The Superintendent is exploring different
opportunities for cost-sharing, such as fundraising through a Friends
Group or receiving direct support from the local county. This would
alleviate the financial burden to the NPS associated with initial
construction costs. The Superintendent will not select a site for
development if the NPS would not be able to cover these costs in a
manner that would maintain the site in good working order. The
evaluation of costs will include those associated with the site itself
and those associated other park facilities, including roads, that would
be impacted by increased visitation caused by the launch and retrieval
sites. The NPS will consider the availability of nearby launch and
retrieval sites when determining the magnitude of potential benefits to
park visitors from the development of sites within the park.
6. Comment: One commenter expressed concern that increased boating
activity will lead to commercialization and economic expansion that
will negatively impact park values.
NPS Response: This rule will not change the level of commercial
activity within the park. Engaging in any business within the park is
prohibited except in accordance with the provisions of a permit,
contract, or other written agreement. 36 CFR 5.3. This prohibition on
commercial activity within the park applies to commercial passenger-
carrying vessels, which are not authorized under 36 CFR 3.8(a)(2)
without some separate written authorization. At this time, the NPS is
not considering any written authorization that would allow commercial
passenger-carrying vessels to operate from launch sites within the
park.
7. Comment: Several commenters questioned how the NPS will promote
boating safety if launch and retrieval sites are designated by the
Superintendent. One commenter expressed concern that designating launch
and retrieval sites will lead to personal watercraft (PWC) use within
the park, which would present a high risk of injury and fatality for
park visitors.
NPS Response: The NPS will provide information to park visitors
about boating safety if launch and retrieval sites are developed and
designated within the park. This information will be provided at launch
sites and on the park's website (<a href="http://www.nps.gov/colo">www.nps.gov/colo</a>). Under no
circumstances would PWCs be allowed to launch and land from within the
boundary of the park. This is prohibited by NPS general regulations at
36 CFR 3.9. PWC use that originates and occurs outside the boundary of
the park is not subject to NPS jurisdiction.
8. Comment: Several commenters encouraged the NPS to work with
Indian tribes to select launch and retrieval sites and to create an
interpretive program associated with boating activities that represents
the experience of Virginia Indians in the shared landscape of the park.
NPS Response: The NPS will consult with federally recognized tribes
if and
[[Page 71151]]
when launching and retrieval sites for vessels are proposed for
designation. The NPS recognizes that the Pamunkey Tribe may be
particularly interested in siting decisions because of the potential
for increased water access to the shorelines of Jamestown Island which
is a traditional area and has historical significance for the tribe.
9. Comment: Several commenters expressed concern that removing the
permit requirement for commercial passenger-carrying motor vehicles
would result in less revenue for the NPS and more commercial vehicle
use of the parkway, which would harm park resources.
NPS Response: Revenue to the NPS from commercial passenger-carrying
vehicles will not be affected by this rule. The fee structure being
removed is over 30 years old and is no longer implemented by the NPS
because the stated fees would not come close to offsetting the
increasing administrative costs of managing commercial passenger-
carrying vehicles within the park. In order to offset these costs, the
NPS charges an entrance fee for commercial passenger-carrying vehicles
under section 803 of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6802) and CUA fees under 54 U.S.C. 101925. The NPS does not
expect the rule to change the level of commercial vehicle use of the
parkway because the NPS has not used the permit and fee structure in
the special regulations for many years.
Compliance With Other Laws, Executive Orders and Department Policy
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) in the Office of Management and Budget will
review all significant rules. The OIRA has determined that this rule is
not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. Executive Order 13563 emphasizes
further that regulations must be based on the best available science
and that the rulemaking process must allow for public participation and
an open exchange of ideas. The NPS has developed this rule in a manner
consistent with these requirements.
Regulatory Flexibility Act
This rulemaking will not have a significant economic effect on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). This certification is based on information
contained in the economic analyses found in the report entitled ``Cost-
Benefit and Regulatory Flexibility Analyses: Regulations for Vessels
and Commercial Passenger-Carrying Motor Vehicles at Colonial National
Historical Park.'' The document may be viewed at <a href="http://www.regulations.gov">www.regulations.gov</a> by
searching for ``1024-AE39.''
Congressional Review Act
This rulemaking is not a major rule under 5 U.S.C. 804(2), the CRA.
This rulemaking:
(a) Does not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Unfunded Mandates Reform Act
This rulemaking does not impose an unfunded mandate on State,
local, or tribal governments or the private sector of more than $100
million per year. The rulemaking does not have a significant or unique
effect on State, local or tribal governments or the private sector. It
addresses public use of national park lands and imposes no requirements
on other agencies or governments. A statement containing the
information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531
et seq.) is not required.
Takings (Executive Order 12630)
This rulemaking does not effect a taking of private property or
otherwise have takings implications under Executive Order 12630. A
takings implication assessment is not required.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, the
rulemaking does not have sufficient federalism implications to warrant
the preparation of a Federalism summary impact statement. This
rulemaking only affects use of federally-administered lands and waters.
It has no outside effects on other areas. A Federalism summary impact
statement is not required.
Civil Justice Reform (Executive Order 12988)
This rulemaking complies with the requirements of Executive Order
12988. This rulemaking:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Consultation With Indian Tribes (Executive Order 13175 and Department
Policy)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian tribes and recognition of their
right to self-governance and tribal sovereignty. The NPS has evaluated
this rulemaking under the criteria in Executive Order 13175 and under
the Department's tribal consultation policy and have determined that
tribal consultation is not required because the rule will have no
substantial direct effect on federally recognized Indian tribes. During
a scheduled formal consultation about park issues with the Chiefs of
the Chickahominy, Eastern Chickahominy, Mattaponi, Nansemond, Pamunkey,
Rappahannock, and Upper Mattaponi, the NPS briefed them on the proposed
change for launching and landing private vessels at the park. All of
the Chiefs expressed their support for the rule and the opportunity it
would provide for the tribes to expand their interpretative programs to
tell Native stories in Native places. The NPS will consult with
federally recognized tribes if and when launching and retrieval sites
for vessels are designated.
Paperwork Reduction Act
This rulemaking does not contain information collection
requirements, and a submission to the Office of Management and Budget
under the Paperwork Reduction Act is not required. The NPS may not
conduct or sponsor and you are not required to respond to a collection
of information unless it displays a currently valid OMB control number.
[[Page 71152]]
National Environmental Policy Act
This rulemaking does not constitute a major Federal action
significantly affecting the quality of the human environment. A
detailed statement under the National Environmental Policy Act of 1969
(NEPA) is not required because the rulemaking is covered by a
categorical exclusion. The NPS has determined the rule is categorically
excluded under 43 CFR 46.210(i). The environmental effects of removing
36 CFR 7.1(a) are too broad, speculative, or conjectural to lend
themselves to meaningful analysis. Decisions to construct and designate
launching and retrieval sites will later be subject to the NEPA
process, either collectively or case-by-case. The nature of the
proposal to remove 36 CFR 7.1(b) is administrative, financial and
legal. The NPS has determined the rulemaking does not involve any of
the extraordinary circumstances listed in 43 CFR 46.215 that would
require further analysis under NEPA.
Effects on the Energy Supply (Executive Order 13211)
This rulemaking is not a significant energy action under the
definition in Executive Order 13211. The rule is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy, and the rule has not otherwise been designated by the
Administrator of OIRA as a significant energy action. A Statement of
Energy Effects in not required.
List of Subjects in 36 CFR Part 7
District of Columbia, National parks, Reporting and Recordkeeping
requirements.
In consideration of the foregoing, the National Park Service amends
36 CFR part 7 as set forth below:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
0
1. The authority citation for part 7 continues to read as follows:
Authority: 54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also
issued under D.C. Code 10-137 and D.C. Code 50-2201.07.
Sec. 7.1 [Removed and Reserved]
0
2. Remove and reserve Sec. 7.1.
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2021-27138 Filed 12-14-21; 8:45 am]
BILLING CODE 4312-52-P
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