Rule2023-27168
Ozark National Scenic Riverways; Motorized Vessels
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 12, 2023
Effective
January 11, 2024
Issuing agencies
Interior DepartmentNational Park Service
Abstract
The National Park Service amends special regulations governing the use of motorized vessels within Ozark National Scenic Riverways. The changes will allow the use of 60/40 horsepower motors in the middle sections of the Current and Jacks Fork Rivers. The rule establishes seasonal closures in the upper sections of the rivers and limits the maximum horsepower of motorized vessels in other locations. These changes are slight modifications to restrictions on motorized vessels that have been in place since 1991.
Full Text
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<title>Federal Register, Volume 88 Issue 237 (Tuesday, December 12, 2023)</title>
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[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Rules and Regulations]
[Pages 86050-86058]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27168]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-OZAR-36399; Docket No. NPS-2022-0001; PPMWOZARS0/PPMPSPD1Z.YM0000]
RIN 1024-AE62
Ozark National Scenic Riverways; Motorized Vessels
AGENCY: National Park Service, Interior
ACTION: Final rule.
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SUMMARY: The National Park Service amends special regulations governing
the use of motorized vessels within Ozark National Scenic Riverways.
The changes will allow the use of 60/40 horsepower motors in the middle
sections of the Current and Jacks Fork Rivers. The rule establishes
seasonal closures in the upper sections of the rivers and limits the
maximum horsepower of motorized vessels in other locations. These
changes are slight modifications to restrictions on motorized vessels
that have been in place since 1991.
DATES: This rule is effective January 11, 2024.
ADDRESSES:
Docket: The comments received on the proposed rule and an economic
analysis are available on <a href="http://www.regulations.gov">www.regulations.gov</a> in Docket No. NPS-2022-
0001.
Document Availability: The Final General Management Plan/Wilderness
Study/Environmental Impact Statement (GMP/EIS), Record of Decision
(ROD), and Errata Sheet to the GMP/EIS (Errata Sheet) provide
information and context for this rule and are available online at
<a href="https://parkplanning.nps.gov/ozar">https://parkplanning.nps.gov/ozar</a>, by clicking on the link entitled
``General Management Plan, Wilderness Study, Environmental Impact
Statement'' and then clicking the link entitled ``Document List.''
FOR FURTHER INFORMATION CONTACT: Lindel Gregory, Chief Ranger, Ozark
National Scenic Riverways; (573) 323-4923; <a href="/cdn-cgi/l/email-protection#365a5f5852535a695144535159444f7658464518515940"><span class="__cf_email__" data-cfemail="630f0a0d07060f3c041106040c111a230d13104d040c15">[email protected]</span></a>.
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States.
SUPPLEMENTARY INFORMATION:
Background
Purpose and Significance of Ozark National Scenic Riverways
Congress established Ozark National Scenic Riverways (the
Riverways) in 1964 to conserve and interpret the scenic, natural,
scientific, ecological, and historic values and resources within the
Riverways, and to provide for public outdoor recreational use and
enjoyment of those resources. 16 U.S.C. 460m. The Riverways includes
portions of the Current and Jacks Fork rivers, encompassing 134 miles
of clear, free-flowing, spring-fed waterways. The impressive
hydrogeological character of the Riverways' karst landscape supports an
amazing variety of natural features, including a spring system
unparalleled in North America. The cave system is equally impressive
with one of the highest densities of caves in any unit of the National
Park System.
The Riverways lies within the Ozark Highlands, an important center
of biodiversity in North America. The Ozark Highlands are home to a
rich array of wildlife and plants, including endemic species that exist
nowhere else in the world. The Current and Jacks Fork rivers have been
designated as Outstanding National Resource Waters in Missouri. The
Riverways features archeological and historic structures, landscapes,
and objects, reflecting ancient life in the Ozark Highlands. The
extraordinary resources of the Riverways provide outstanding
recreational opportunities and experiences on and along free-flowing
rivers.
Use of Motorized Vessels at the Riverways
One of the recreational opportunities at the Riverways is the use
of motorboats on the Current and Jacks Fork rivers. When the Riverways
was created in 1964, the only outboard motorboats operating on the
rivers were conventional propeller-driven motors with elongated shafts.
The propellers of these motors could hit bottom in shallow water,
resulting in propeller damage. As a result, operators outfitted their
motors with a lever that would lift the propeller out of the water when
the vessel skimmed across shallow areas. This naturally limited the
size of most motorboats operating on the rivers to 20 horsepower (hp)
or less because heavier motors were too difficult to lift. The only
exception was the lower Current River, which is broader and deeper than
the upper reaches of the Current and Jacks Fork rivers. In this lower
section of the Current River, motorboats up to 40 hp could operate.
The status quo changed in 1976 when operators began to refit
outboard motors with jet propulsion systems that could operate in
inches of water. This eliminated the need to have the skills and
experience to lift the propeller out of shallow water. As a
consequence, the number of motorboats in the Riverways increased
dramatically. The smaller traditional motors and shaft propellers were
replaced with large outboard jet motors, some exceeding 250 hp. These
larger motors generated greater speed (some in excess of 50 miles per
hour) and larger wakes, and required more space to operate. This
resulted in safety concerns and conflicts with other users of the
rivers, including canoers, tube floaters, swimmers, and anglers.
In order to address these concerns, in 1991 the National Park
Service (NPS) revised the special regulations for the Riverways at 36
CFR 7.83(a) to designate zones for motorboat operation, restrict
horsepower, and limit the use of motorboats during certain seasons (56
FR 30694). The NPS also limited the use of motorboats to vessels
equipped with outboard motors. The nature of the shallow, narrow rivers
precludes the safe use of inboard motors. These motors are capable of
much greater speeds and need more water depth to operate due to
increased weight.
Motor boating continues to be a popular activity and means of
travel on the Current and Jacks Fork rivers. Visitors use motorboats to
access fishing areas, cruise the river, and enjoy scenic views. Despite
the existing regulations that manage motorboats within the Riverways,
there are concerns about motorboats in certain sections of river. One
concern is the effect of noise on visitors seeking a quiet experience.
Another concern arises during the summer, when the number of motorboats
on the rivers poses a safety hazard due to conflicts between different
user groups competing for the same resources. Many access points along
the rivers have become popular for concessioners and private
individuals to launch nonmotorized watercraft, such as tubes, rafts,
canoes, and kayaks. Often, groups of visitors seeking motorized and
nonmotorized access enter the river at the same time and place, which
can lead to congestion and conflicts. Once in the water, people in
tubes, rafts, kayaks, and canoes can
[[Page 86051]]
be overwhelmed by the wakes of motorized vessels. Over the past 20
years, the number of visitors using nonmotorized vessels on the rivers
has steadily increased. If this number continues to increase, so too
will crowding and conflicts among user groups.
Summary of Public Comments
The NPS published a proposed rule in the Federal Register on
January 5, 2022 (87 FR 413). 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="https://www.regulations.gov">https://www.regulations.gov</a>. Comments were
accepted through March 7, 2022. The NPS received 408 comments on the
proposed rule. Comments generally focused on balancing appropriate
visitor uses, types and levels of access, and desired resource
conditions. Although many commenters agreed the rivers were too crowded
and expressed concern about visitor behavior, there was no consensus
about how the NPS should manage motorized vessels on the rivers. Many
comments addressed the NPS's evaluation of the environmental impacts of
the preferred and other alternatives in the GMP/EIS. These comments are
not addressed in this final rule because they raise issues that the NPS
already considered in the National Environmental Policy Act (NEPA)
compliance process. The NPS evaluated the environmental impacts of each
alternative in the GMP/EIS and explained why it selected the preferred
alternative (Alternative B) in the ROD. The NPS did not identify any
new significant environmental issues in the public comments on the
proposed rule. After considering public comments and after additional
review, the NPS made the following changes in the final rule.
1. In Table 1 to paragraph (b)(2), the NPS adjusted the northern
boundary of the lower section on the Current River. This change will
allow 150/105 hp motors from the lower end of the Van Buren Gap
downstream to the southern boundary of the Riverways.
2. In Table 1 to paragraph (b)(2) and Table 2 to paragraph (b)(3),
the NPS restated the geographic boundaries of the various sections of
river as the ends of Van Buren and Eminence gaps, rather than as the
intermediate boundaries of the Riverways at each gap. The NPS made
these edits for clarity only; the edits did not change the actual
boundaries of the sections of river.
3. In paragraph (b)(5), the NPS clarified that the designated
access points do not mark the boundaries of the sections of river,
which are identified in the tables. Instead, the final rule states that
designated access points will have information about horsepower limits
and seasonal closures in each section of river.
4. In paragraph (b)(7), the NPS added a statement that a violation
of a restriction, condition, or closure implemented by the
superintendent is prohibited.
5. In paragraph (b)(7), the NPS replaced a reference to paragraph
(a) of 36 CFR 1.7 with a reference to section 1.7 in its entirety, to
require that any restriction, condition, or closure on the use of
motorized vessels that is established by the superintendent is included
in the superintendent's compendium, as required by paragraph (b) of
section 1.7.
A summary of the pertinent issues raised in the comments and NPS
responses is provided below.
1. Comment: Several commenters objected to allowing motorized
vessels anywhere in the Riverways. Some commenters argued that doing so
violates the mandate in the NPS Organic Act that units of the National
Park System be managed to conserve the scenery, natural and historic
objects, and wild life in such manner and by such means as will leave
them unimpaired for the enjoyment of future generations. 54 U.S.C.
100101.
NPS Response: Through the NPS Organic Act, Congress granted the NPS
broad discretion to regulate activities within System units, and the
NPS has concluded that the selected alternative in the ROD, as amended
by the Errata, will not result in unacceptable impacts or an impairment
of resources in the Riverways. When it established the Riverways,
Congress directed the NPS to include provisions for the use and
enjoyment of the Current and Jacks Fork rivers by the people of the
United States. 16 U.S.C. 460m. The NPS believes that continuing to
allow motorized vessels on the Current and Jacks Fork rivers, as
managed by this rule, is consistent with the NPS Organic Act and the
enabling act for the Riverways.
2. Comment: Some commenters asked the NPS to eliminate the seasonal
closures. Others suggested that the NPS allow only trolling motors in
the upper sections during peak season. Several commenters objected to
any prohibition of motorized vessels on the entire length of the
Current and Jacks Fork rivers at any time. Some of these commenters
cited long-standing use of motorized vessels on the rivers and access
they provide for subsistence by local residents through gigging,
fishing, trapping, and hunting. Another commenter suggested the NPS
revise the definition of ``peak season'' to allow motorized vessels to
continue to operate on the Jacks Fork River into early May when water
levels remain high enough and there are fewer floaters on the rivers.
NPS Response: The NPS believes this rule appropriately balances
different types of recreation and access on the rivers by managing the
power and location of motorized vessels. The seasonal closures on the
upper sections of each river will create a quieter and safer
recreational experience for visitors, as explained in the section-by-
section analysis below. Although trolling motors are quieter and
operate at lower speeds than gasoline-powered motors, they still create
enough wake and potential for conflict with non-motorized uses to
justify including them in the prohibition of all motorized use during
peak season. They also utilize a propeller, which is ineffective in
shallow areas of the upper stretches of the rivers and therefore limits
their usefulness.
The NPS acknowledges there are strong cultural ties to gigging and
trapping in the upper sections of the Current and Jacks Fork rivers. To
accommodate these activities, the rule allows jet boats with engines
rated up to 25 hp at the power head from the beginning of gigging
season through the end of the statewide spring trapping season on
public lands, as established by the Missouri Department of
Conservation. For the 2024 season, those dates are September 1 through
April 1. Rather than choose a fixed date each calendar year, aligning
the rule with statewide gigging and spring trapping seasons will ensure
that the use of motorized vessels has meaning for local residents.
While water levels are generally higher on the upper Jacks Fork
River in the spring, this also is when that stretch becomes more
heavily used by non-motorized vessels because water levels during the
remainder of the year typically prevent floating activities.
3. Comment: Several commenters encouraged the NPS to establish a
lower, more protective horsepower limit on the rivers, consistent with
other federally protected rivers in the Ozarks, such as the Buffalo
National River (limit of 10 hp) and the Eleven Point Wild and Scenic
River (limit of 25 hp).
NPS Response: All federally protected rivers, such as the Current
River, Jacks Fork River, Buffalo River, and Eleven Point River, must be
managed in accordance with the laws establishing their protected
status. Within the scope of these mandates, however, Federal agencies
have discretion to establish
[[Page 86052]]
rules for visitor use that are tailored to the characteristics of each
river, such as size, location, cultural and natural resources present,
and visitor use patterns. The combination of these characteristics is
unique to each river, even if some rivers share similar traits. The
horsepower limits established by this rule are consistent with the
legal protections for the Current and Jacks Fork rivers found in the
NPS Organic Act and the Riverways' enabling legislation, and will allow
for diverse opportunities for river-based recreation and access. Lower
horsepower limits on the upper sections of each river will help avoid
conflicts between motorized and non-motorized uses that can lead to
undesirable visitor experiences and unsafe outcomes. Increasing
horsepower limits downriver correlate to less frequent and less
concentrated non-motorized use and changing physical characteristics of
the rivers, such as increasing width and depth, that can better
accommodate the speed and wake created by larger motors.
4. Comment: One commenter suggested lowering the maximum horsepower
in the middle sections of the Current and Jacks Fork rivers. Another
commenter recommended prohibiting motorboats in the entire length of
the Jacks Fork River during peak season. Several commenters stated the
150/105 hp limit below Big Spring on the Current River is too high and
suggested the 60/40 hp limit be extended to the southern boundary of
the Riverways. Other commenters asked the NPS to prohibit motorboats on
various segments of the Current River. Commenters advocating for lower
horsepower or no motorboats at all claimed that the wakes generated by
faster, larger motors and the size of vessels equipped with those
motors diminish the visitor experience and pose a greater safety risk
to floaters compared to vessels with smaller motors. Other commenters
stated that higher-powered vessels are loud, damage park resources,
increase bank erosion, reduce water clarity, and negatively affect
aquatic wildlife.
NPS Response: Alternative A in the GMP/EIS would have limited
horsepower on the middle section of the Current River to 25 hp from
Round Spring to Two Rivers, and prohibited motorboats on that segment
of the river during peak season. Alternative A would have prohibited
motorboats on the upper section of the Current River. It would have
limited horsepower to 40 hp from Two Rivers to the southern boundary of
the Riverways on the Current River, and prohibited motorboats year-
round on the Jacks Fork River. The GMP/EIS did not evaluate an
alternative that would have prohibited motorboats on the middle or
lower sections of the Current River. The NPS believes that doing so
would create significant adverse impacts to visitor access and
recreation in the Riverways. The alternatives in the GMP/EIS were
developed over several years through an iterative process that
incorporated public input and new information at every step. The NPS
evaluated potential impacts to the environment for each of the
alternatives in the GMP/EIS and explained its decision to select
Alternative B in the ROD.
5. Comment: One commenter expressed concern that the seasonal
closure on the upper section of the Current River would prevent persons
with disabilities from using motorized vessels to enjoy the river.
NPS Response: The NPS welcomes visitors of all types to the
Riverways, including individuals with disabilities. The use of
motorized vessels on the rivers is one of many recreational
opportunities in the Riverways. In meeting the goal of accessibility,
the NPS seeks to ensure that persons with disabilities are afforded
experiences and opportunities along with other visitors to the extent
practicable. For example, under the selected alternative in the ROD,
the NPS will establish additional trails in the Riverways that are
accessible to persons with disabilities. In 2021, the NPS completed an
Accessibility Self-Evaluation and Transition Plan with specific targets
for improving visitor accessibility at a variety of facilities,
campsites, and program experiences.
6. Comment: Several commenters objected to the provision
establishing the superintendent's authority to close sections of the
rivers.
NPS Response: Superintendents of all National Park System units
have a general authority to establish closures, restrictions and
conditions on visitor use or activity under 36 CFR 1.5. This rule will
specify that--with respect to the use of motorized vessels in the
Riverways--the superintendent may restrict or impose conditions on the
use of motorized vessels, or close any portion of the Riverways, after
taking into consideration public safety, protection or park resources,
weather conditions and park management objectives. This provision
establishes that the superintendent may take action to address changing
conditions on the rivers to help protect resources and keep visitors
safe. The superintendent needs this management tool because dynamic
river environments can create unforeseen conditions that need to be
addressed quickly. The superintendent may not increase visitor use and
activity on the rivers in a manner that goes beyond what is authorized
by the rule. As examples, the superintendent may not increase the
maximum horsepower of motorized vessels beyond what is stated in the
rule, or allow motorized vessels on the upper sections of the rivers
year-round. These types of changes would require amendments to the
regulations following a public notice-and-comment rulemaking process.
Similarly, if the superintendent determines that closures, restrictions
and conditions implemented to address unforeseen conditions should be
made permanent, the NPS should then amend the regulations in 36 CFR
7.83 to reflect those actions following a public rulemaking process.
The rule requires the superintendent to notify the public of any
restrictions, conditions or closures to motorized vessels in accordance
with 36 CFR 1.7, which includes publication of such actions in a
written compilation that is referred to as the superintendent's
compendium. The superintendent's compendium is available on the
Riverway's website at <a href="https://www.nps.gov/ozar/index.htm">https://www.nps.gov/ozar/index.htm</a>.
7. Comment: One commenter suggested the NPS prohibit all motors
with internal combustion engines and allow electric trolling motors
only.
NPS Response: Electric trolling motors provide sufficient power and
range to support certain types of motorized use on the rivers, such as
drift fishing or moving boats for limited distances against the
current. These types of motors, however, are not a reasonable
alternative to gasoline-powered engines that are commonly used in
johnboats for recreational purposes. Prohibiting gasoline-powered
motors would result in a significant loss of recreational opportunities
in the Riverways that the NPS did not consider in the planning process.
8. Comment: Several commenters stated that the 150 hp limit below
Big Spring unnecessarily excludes a segment of the fishing and boating
population and creates an undue burden on people who own vessels with
larger horsepower motors. These commenters would allow unlimited
horsepower in the lower section of the Current River. Several
commenters questioned the correlation between maximum horsepower and
wake. For example, some commenters asserted there is no difference in
the wake created by jet boats with a 200 hp motors and 150 hp motors.
One commenter stated that higher horsepower engines provide
[[Page 86053]]
greater control and therefore a safer environment.
NPS Response: The NPS explains the reason for establishing a
horsepower limit in the lower section of the Current River in the
section-by-section analysis below. Many motors that exceed 150 hp are
heavier, operated at higher speeds, and need more area to operate,
which can create conflicts between other motorized and non-motorized
vessels.
9. Comment: Several commenters stated a single horsepower limit
throughout the rivers would be easier to communicate with visitors and
easier to enforce, especially with limited law enforcement officers.
Other commenters stated there is a need for increased law enforcement
on the rivers to manage increased visitation and to enforce the
seasonal closures and horsepower restrictions in the rule. In
particular, one commenter suggested the use of cameras to monitor
vessel operations as an aid to enforcement.
NPS Response: A single horsepower limit would be easier to
communicate and enforce. The relative difficulty of understanding and
enforcing the rules, however, is not the only factor the NPS must
consider when deciding how to manage motorized vessels. The selected
alternative (Alternative B) calls for the NPS to hire additional law
enforcement officers in order to improve visitor compliance with
regulations. The NPS has 14 commissioned officers working varied shifts
to support law enforcement activities throughout the Riverways. All of
them are trained to enforce violations on the rivers. NPS law
enforcement officers work closely with the Missouri Water Patrol and
the sheriff's departments of surrounding counties to coordinate law
enforcement activities. These agencies support law enforcement efforts
by communicating violations that are reported or observed within the
Riverways. The NPS utilizes cameras for a multitude of law enforcement
activities, which may include enforcement of horsepower or other
boating regulations.
10. Comment: Several commenters recommended the NPS install signs
on the rivers that identify the upper, middle, and lower sections and
the closures and horsepower restrictions that apply in each section.
NPS Response: Designated boat access points will be signed with
information about horsepower limits and seasonal closures, so that
anyone launching at designated sites will be aware of the rules.
Installing signs at the actual boundaries of each section of river,
which do not correlate to designated access points in every case, is
problematic due to challenging riverbank terrain and the tendency for
signs to be lost or damaged in floods. Maps indicating the horsepower
limits in the various sections of the rivers will be located at the
Riverways headquarters in Van Buren, MO, and on the Riverways website.
11. Comment: One commenter suggested the NPS establish decibel and
speed limits for motorized vessels.
NPS Response: Existing regulations address the noise and speed on
vessels in the Riverways. NPS regulations at 36 CFR 3.15 limit the
noise of vessels operating in all System units to 75 dB(A) measured
using test procedures applicable to vessels underway (Society of
Automotive Engineers SAE--J1970), or 88dB(A) measured using test
procedures applicable to stationary vessels (Society of Automotive
Engineers SAE--J2005). This section also authorizes NPS law enforcement
officers to direct the operator of a vessel to submit the vessel to an
on-site test to measure noise level.
Under 36 CFR 3.2(b), the NPS adopts certain State laws that
restrict the speed of motorized vessels. Missouri law prohibits the
operation of a vessel in excess of slow, no wake speed within 100 feet
of a dock or any emergency vessel that has emergency lights displayed.
Mo. Rev. Stat. Sec. Sec. 306.125, 306.132. Missouri law also prohibits
operating a motorboat in excess of 30 mph at any time from a half-hour
after sunset until one hour before sunrise. Mo. Rev. Stat. Sec.
306.125. NPS regulations at 36 CFR 3.8(b)(4) prohibit operating a
vessel in excess of flat wake speed within 100 feet of a downed water
skier, a person swimming, wading, fishing from shore or floating with
the aid of a flotation device, a designated launch site, or from a
manually propelled, anchored or drifting vessel. Speed also is a factor
that can result in a violation of NPS regulations at 36 CFR 3.8(b)(8)-
(9), which prohibit operating a vessel in a negligent or grossly
negligent manner.
12. Comment: Several commenters opposed the seasonal closures on
the upper sections of both rivers due to concerns that they would
create economic hardship for local users, including fisherman and their
families.
NPS Response: The NPS does not expect the seasonal closures to
impact many visitors because of the physical characteristics of the
upper sections of both rivers. The narrow and shallow nature of these
sections prevents heavy motorized use, which the NPS believes to be
approximately 5% of total visitation in those areas. The rule allows
motorized vessels on the upper sections during State-defined trapping
and gigging seasons so that local residents may continue to engage in
those traditional activities for economic and recreational purposes.
Fishing from riverbanks and while wading are allowed and popular on the
upper stretches of the rivers where water is shallow.
13. Comment: Several commenters encouraged the NPS to move the
northern boundary of the lower section of the Current River to allow
150/105 hp motors from the lower end of the Van Buren Gap to the
southern boundary of the Riverways. Commenters stated that this change
would allow visitors to launch bigger motors at the public and private
launch sites in Van Buren, therefore decreasing pressure at Big Spring.
Commenters also stated that this change would benefit residents who
live along the river outside of the Riverways but within the Van Buren
Gap, who own larger motors and keep their boats docked along the bank
throughout the summer.
NPS Response: The NPS agrees with this recommendation and has
changed the rule accordingly. The Errata Sheet amends the GMP/EIS to
reflect the change to the northern boundary of the lower section of the
Current River, which the NPS believes will make the horsepower limits
easier to understand and enforce, and will relieve parking pressure on
the Big Spring boat ramp.
14. Comment: One commenter suggested the NPS restrict the size of
vessels rather than limit horsepower.
NPS Response: The NPS believes that limiting horsepower will
achieve the desired result in the GMP/EIS and be easier to enforce than
measuring boat size. NPS regulations at 36 CFR 3.8(a)(4) authorize
superintendents of all System units to establish length and width
restrictions in accordance with 36 CFR 1.5 and 1.7. If, in the future,
the superintendent of the Riverways determines that length and width
restrictions are necessary for the maintenance of public health and
safety, protection of environmental or scenic values, protection of
natural or cultural resources, aid to scientific research,
implementation of management responsibilities, equitable allocation and
use of facilities, or the avoidance of conflict among visitor use
activities, the superintendent may establish such restrictions in the
superintendent's compendium for the Riverways.
15. Comment: Several commenters suggested the NPS manage motorized
vessels by limiting them to certain days of the week. One commenter
suggested that motorized vessels should be allowed on the upper section
of the Current River on weekdays, but not
[[Page 86054]]
weekends, to provide access to local residents without contributing to
overcrowding at peak times.
NPS Response: The rule prohibits motorized vessels on the upper
sections of both rivers during peak season to help maintain the safety
of visitors and relieve overcrowding throughout the week. The volume of
non-motorized vessels remains high on weekdays during peak season.
16. Comment: Some commenters stated that education was preferable
to regulation and supported more public education about boating safety.
One commenter asked the NPS to require all visitors who engage in
water-based recreation take a water safety class. Another commenter
suggested that commercial visitor service providers educate seasonal
floaters about water etiquette and rules of navigation.
NPS Response: Boating and floating safety information courses are
available through the Missouri Water Patrol, United States Coast Guard,
and other organizations. The NPS provides educational information to
floaters through authorized concessions and through public programs and
interactions, as well as the on the Riverways website.
17. Comment: One commenter recommended the NPS manage use of the
rivers by determining the number of visitors from each user group
(e.g., motorized, non-motorized) that can be accommodated in different
river locations. Other commenters recommended a permit system to manage
motorized and non-motorized recreational use and suggested limits on
the number of people that commercial outfitters can put into the rivers
in specific locations on specific days.
NPS Response: Managing visitor use in the Riverways is inherently
complex and depends not only on the number of visitors, but also on
where the visitors go, what they do, and the impacts they have on
resources and other visitors. In managing visitor use, NPS staff rely
on a variety of management tools and strategies rather than relying
solely on regulating the number of people in a specific area. Ever-
changing visitor use patterns require a deliberate and adaptive
approach to visitor capacity and visitor use management that would be
hindered by placing strict limits on the number of user types in
specific locations.
The NPS may develop an education outreach program to encourage
voluntary dispersal of river users to reduce the number of watercraft
in popular areas. The NPS may evaluate and modify concession contracts
or operating plans to better distribute and manage the number of
watercraft, both across times of day and by physical location. NPS
staff also may consider a shuttle system to further disperse use on the
rivers. Finally, if needed to ensure compliance with standards, the NPS
may require watercraft permits. Implementation of some of these
management actions may require additional planning, compliance and
public involvement.
Final Rule
Summary
This rule will help accommodate a variety of desired river
conditions and recreational uses, promote high quality visitor
experiences, promote visitor safety, and minimize conflicts among
different user groups. It does this by making the following changes to
existing regulations.
Measuring Horsepower
Existing regulations, established in 1991, limit the horsepower of
motorized vessels for the purpose of limiting the size and speed of
motorized vessels to help ensure a safe and enjoyable experience for
all visitor types. Larger motors generate greater speed, larger wakes,
and require more space in proportion to their speed. The very nature of
the shallow, narrow rivers, and channel and flow characteristics
preclude the safe operation and navigation of oversized motorboats
around obstacles and other users in certain sections of the Current and
Jacks Fork rivers. Various combinations of channel depth and stream
velocity sometimes require boaters to maintain sufficient momentum to
get across the shallows, and into deeper waters, which poses a
particular safety hazard to other visitors such as floaters and
swimmers. Additionally, most vessels used on the Current and Jacks
Forks rivers are not equipped with speedometers and are therefore
unable to gauge their own speeds. Further, depending on whether a boat
is traveling downstream or upstream, speedometers may not accurately
gauge speed of travel. For these reasons, horsepower limits on outboard
motors are the most effective means to ensure safety and achieve
compliance.
Horsepower can be measured at the engine powerhead and at the final
output. These measurements are virtually the same for outboard motors
equipped with propellers. For motors equipped with jet propulsion
systems, horsepower is approximately 30 percent less at the final
output than at the powerhead. For purposes of complying with the
horsepower limits, the existing regulations state that horsepower will
be based upon power output at the propeller shaft as established by the
manufacturer. 36 CFR 7.83(a)(2). This method of measuring power works
well for motors with propellers that have not been modified to change
final power output. This method is problematic, however, for motors
that were manufactured with propellers but then retrofitted with jet
propulsion systems that lower the final power output below the maximum
horsepower that was established by the manufacturer at the propeller
shaft. These types of motors are popular with visitors to the Riverways
because they can operate in shallow waters and enable the use of longer
and wider boats capable of transporting four or more adults against the
current of the rivers. The problem is that the existing regulations
prohibit many of these motors even though they have a final power
output less than or equal to the maximum horsepower that the NPS has
determined is appropriate. In this way, the regulations are
overinclusive.
For example, the existing regulations prohibit the use of motors
that exceed 40 hp in the middle sections of the Current and Jacks Fork
rivers. 36 CFR 7.83(a)(3)(i). The most popular type of motors in these
sections are known as 60/40 hp motors. This indicates that the motors
produce 60 hp at the powerhead but only 40 hp at the final output
because they are equipped with a jet propulsion system. Some of these
motors were manufactured with propellers and rated at 60 hp by the
manufacturer, only to be retrofitted with jets. Others were
manufactured with jet propulsion systems and for this reason could be
rated at either 60 hp or 40 hp depending upon where the manufacturer
measured the power. Under the existing regulations, retrofitted motors
rated by the manufacturer at 60 hp are prohibited even though they now
only have 40 hp of usable power. The method of measurement in the
existing regulations is impracticable for vessels manufactured with jet
propulsion systems because there was never a propeller shaft. In order
to address this unintended outcome, the NPS has allowed 60/40 hp motors
in the Riverways since 1999 under a Superintendent's memorandum.
This rule officially allows these popular motors in the middle
sections of each river. The rule clarifies that, for purposes of
complying with the regulations, maximum horsepower means the maximum
horsepower
[[Page 86055]]
produced by the engine's powerhead.\1\ The rule states that this
measurement may be different than the maximum power measured at the
final output or the maximum power rated by the manufacturer. The rule
then adds tables that include maximum horsepower limits on each river
that differ depending upon whether the motor has a jet propulsion
system or a propeller. For the middle sections, 60 hp will be allowed
for jet motors but only 40 hp will be allowed for propeller motors.
---------------------------------------------------------------------------
\1\ This is consistent with the International Council of Marine
Industry Association's Standard 28-83.
---------------------------------------------------------------------------
In the upper sections of the rivers, existing regulations prohibit
the use of motors that exceed 25 hp measured at the propeller shaft by
the manufacturer. 36 CFR 7.83(a)(3)(ii). In practice, the NPS has
allowed 25 hp motors in the upper sections only if they are equipped
with jet propulsion systems that lower the effective horsepower to 18
hp at the final output. The narrow and shallow nature of the upper
sections make motors with more powerful outputs unsafe throughout the
year. The rule changes the regulations to be consistent with this
practice by allowing 25 hp motors with an attached jet unit and 18 hp
motors fitted with a propeller.
Seasonal Closures on the Upper Sections of River
Existing regulations allow 10 hp motors in the upper section of the
Current River from May 1 through September 15, and in the upper section
on the Jacks Fork River from March 1 to the Saturday before Memorial
Day. 36 CFR 7.83(a)(3)(iii)-(iv). This rule prohibits motorized vessels
in these sections during peak season. This includes vessels using only
a trolling motor. This closure applies to the full extent of the upper
sections of each river, from the northern boundary downstream to Round
Spring on the Current River, and from the western boundary downstream
to the western boundary of the Eminence Gap on the Jacks Fork River.
Existing regulations apply the seasonal 10 hp limit above Akers Ferry
on the Current River and above Bay Creek on the Jacks Fork River, even
though during off-peak seasons the 25 hp limits on the upper sections
of each river apply downstream to Round Spring on the Current River,
and from the western boundary downstream to the boundary at West
Eminence on the Jacks Fork River.
Peak season is defined as beginning on the day after the last day
of the statewide spring trapping season on public lands (usually around
April 1) and ending on the day before the first day of gigging season
for nongame fish (usually around September 15). These dates are
determined annually by the Missouri Department of Conservation.
Defining peak season in this manner, rather than using fixed dates,
would allow visitors to use motorboats for lawful trapping and gigging
activities without interfering with nonmotorized vessels (e.g., tubes,
rafts, kayaks and canoes) when they are most popular. These upper
sections of river are very narrow and shallow and do not receive heavy
use from motorized vessels even during trapping and gigging seasons. A
nonmotorized season provides opportunities for solitude and connection
with nature that are not currently available during weekends and
holidays in the summer. Visitors will be able to intimately experience
conditions reminiscent of those that existed when the Riverways was
established. The seasonal closures will also eliminate safety concerns
and conflicts that arise when motorized and nonmotorized user groups
are both present in these areas.
Maximum Horsepower Limit on the Lower Section of River
Existing regulations do not impose a horsepower limit on the lower
section of the Current River. The rule establishes new horsepower
limits in this section. The rule allows motors with propellers up to
105 hp. For the same reason that 60 hp motors will be allowed in the
middle sections of the Current and Jacks Fork rivers if they are
equipped with jet propulsion systems, the rule will allow 150 hp motors
in the lower section of the Current River if they are similarly
equipped. These limits are higher than the limits that will apply in
the upper and middle sections of the rivers because the river below Big
Spring is much broader and deeper. Currently, vessels with 225-300 hp
motors are operating in this section of river. Motors such as these
that are larger than the limits of 150/105 hp generate greater speed
(some in excess of 50 mph), larger wakes, and require more space to
operate. This results in serious safety concerns and conflicts with
other users of the river, including canoers, tube floaters, swimmers,
and anglers.
Other Changes
The rule revises Sec. 7.83(a)(1) of the existing special
regulations to clarify that motorized vessels on the Riverways may have
only one outboard motor. The rule clarifies that the motor count does
not include electric trolling motors, which could accompany a vessel
with a single outboard motor. For clarity, the revisions define the
terms ``inboard motor'' and ``outboard motor'' and state that the use
of inboard motors and personal watercraft is prohibited.
The rule allows the Superintendent to issue a permit for the
operation of vessels with motors more powerful than the horsepower
limits established by the rule. This allows the Superintendent to make
exceptions in limited circumstances, such as when the NPS issues
permits to the Missouri Department of Conservation for research
activities on the rivers that, for safety or other reasons, require
more power than is allowed by the rule.
The rule also includes a provision establishing the
Superintendent's authority to restrict or impose conditions on the use
of motorized vessels, or close any portion of the Riverways to
motorized vessels, after taking into consideration public safety,
protection or park resources, weather conditions and park management
objectives, provided public notice is given using one or more of the
methods identified in 36 CFR 1.7. This clarifies the Superintendent's
authority to respond to emerging technologies or other unforeseen
circumstances in order to help maintain a safe and enjoyable experience
for visitors to the Riverways.
Notice of Horsepower Restrictions
Maps indicating the horsepower limits in the various portions of
the rivers will be located at Riverways headquarters in Van Buren, MO
and on the Riverways' website (<a href="https://www.nps.gov/ozar/index.htm">https://www.nps.gov/ozar/index.htm</a>). The
Superintendent will notify the public of the start and end dates for
peak season through one or more of the methods listed in 36 CFR 1.7.
The rule also adds a table to the special regulations that identifies
each section of river and the applicable horsepower restrictions for
that section during peak and non-peak seasons.
Compliance With Other Laws, Executive Orders, and Department Policy
Regulatory Planning and Review (Executive Orders 12866, 13563, and
14094)
Executive Order 12866, as amended by Executive Order 14094,
provides that the Office of Information and Regulatory Affairs (OIRA)
in the Office of Management and Budget will review all significant
rules. OIRA has determined that this rule is not significant.
Executive Order 14094 amends Executive Order 12866 and reaffirms
the principles of Executive Order 12866 and Executive Order 13563 and
states that regulatory analysis should facilitate
[[Page 86056]]
agency efforts to develop regulations that serve the public interest,
advance statutory objectives, and be consistent with Executive Order
12866, Executive Order 13563, and the Presidential Memorandum of
January 20, 2021 (Modernizing Regulatory Review). Regulatory analysis,
as practicable and appropriate, shall recognize distributive impacts
and equity, to the extent permitted by law.
Executive Order 13563 reaffirms the principles of Executive Order
12866 while calling for improvements in the nation's regulatory system
to promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. The executive order directs agencies to consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public where these approaches are relevant, feasible,
and consistent with regulatory objectives. Executive Order 13563
emphasizes further that regulations must be based on the best available
science and that the rulemaking process must allow for public
participation and an open exchange of ideas. The NPS has developed this
rule in a manner consistent with these requirements.
Regulatory Flexibility Act (RFA)
This rule will not have a significant economic effect on a
substantial number of small entities under the RFA (5 U.S.C. 601 et
seq.). This certification is based on the cost-benefit and regulatory
flexibility analyses found in the report entitled ``Draft Cost-Benefit
and Regulatory Flexibility Threshold Analyses: Special Regulations
Governing the Use of Motorized Vessels within Ozark National Scenic
Riverways'' that can be found on the Riverways' planning website at
<a href="https://parkplanning.nps.gov/ozar">https://parkplanning.nps.gov/ozar</a>, by clicking the link entitled
``General Management Plan, Wilderness Study, Environmental Impact
Statement'' and then clicking the link entitled ``Document List.''
Congressional Review Act (CRA)
This rule is not a major rule under 5 U.S.C. 804(2), the CRA. This
rule:
(a) Does not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S. based enterprises to compete with foreign-based enterprises.
Unfunded Mandates Reform Act (UMRA)
This rule does not impose an unfunded mandate on State, local, or
Tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local or Tribal governments or the private sector. It addresses public
use of NPS-administered waters, and imposes no requirements on other
agencies or governments. A statement containing the information
required by the UMRA (2 U.S.C. 1531 et seq.) is not required.
Takings (Executive Order 12630)
This rule does not affect a taking of private property or otherwise
have taking implications under Executive Order 12630. Access to private
property adjacent to the Riverways will not be affected by this rule. A
takings implication assessment is not required.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, this rule
does not have sufficient federalism implications to warrant the
preparation of a Federalism summary impact statement. The rule is
limited in effect to Federal lands managed by the NPS and would not
have a substantial direct effect on State and local government. A
Federalism summary impact statement is not required.
Civil Justice Reform (Executive Order 12988)
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
This rule does not contain any new collections of information that
require approval by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act. An agency may not conduct or sponsor and a
person is not required to respond to a collection of information unless
it displays a currently valid OMB control number.
National Environmental Policy Act of 1969 (NEPA)
The rule implements a portion of the preferred alternative
(Alternative B) for the Riverways described in the GMP/EIS. The NPS
released a draft of the GMP/EIS that was available for public review
and comment from November 8, 2013, through February 7, 2014. The NPS
released the final GMP/EIS in December 2014. On January 22, 2015, the
Acting Regional Director, Midwest Region, signed the ROD identifying
the preferred alternative as the selected action. In January 2023, the
NPS issued the Errata Sheet, which amended the GMP/EIS to move the
northern boundary of the lower section on the Current River. The GMP/
EIS describes the purpose and need for the plan, the alternatives
considered, the scoping process and public participation, the affected
environment and environmental consequences, and consultation and
coordination. Copies of the GMP/EIS, ROD and Errata Sheet are available
online at <a href="https://parkplanning.nps.gov/ozar">https://parkplanning.nps.gov/ozar</a>, by clicking the link
entitled ``General Management Plan, Wilderness Study, Environmental
Impact Statement'' and then clicking the link entitled ``Document
List.''
Consultation With Indian Tribes (Executive Order 13175 and Department
Policy)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and Tribal sovereignty. The NPS has evaluated
this rule under the Department's consultation policy and under the
criteria in Executive Order 13175 and has determined that it has no
substantial direct effects on federally recognized Indian Tribes and
that consultation under the Department's Tribal consultation policy is
not required.
The NPS consulted with culturally affiliated American Indian Tribes
on the development of the GMP/EIS, including meetings in Oklahoma and
Missouri in 2003, 2006, 2010. The NPS invited all Tribal
representatives to visit the Riverways and to actively participate in
the GMP/EIS planning process. As part of ongoing government-to-
government relations, NPS staff will continue to consult with
affiliated Tribes about planning and other actions in the Riverways
that could affect the Tribes. NPS staff will further consult with
regard to specific actions and undertakings arising from the GMP/EIS
that are proposed for future implementation. When appropriate, NPS
staff provide technical assistance to the Tribes, including sharing
[[Page 86057]]
information and resources, to address problems and issues of mutual
concern.
Effects on the Energy Supply (Executive Order 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. The rule is not likely to have a significant
adverse effect on the supply, distribution, or use of energy, and the
Administrator of OIRA has not designated the rule as a significant
energy action. A Statement of Energy Effects is not required.
List of Subjects in 36 CFR Part 7
National Parks, Reporting and recordkeeping requirements.
In consideration of the foregoing, the National Park Service amends
36 CFR part 7 as follows:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
0
1. The authority 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.
0
2. In Sec. 7.83:
0
a. Redesignate paragraphs (a) through (e) as paragraphs (b) through
(f);
0
b. Add a new paragraph (a); and
0
c. Revise newly designated paragraph (b).
The addition and revision read as follows:
Sec. 7.83 Ozark National Scenic Riverways.
(a) Definitions. The following definitions apply to this section
only:
Inboard motor means a marine propulsion system that is enclosed
within the hull of the vessel.
Maximum horsepower means the maximum horsepower produced by the
engine's powerhead. This measurement may be different than the maximum
horsepower at the final output or the maximum horsepower rated by the
manufacturer.
Off-peak season means anytime that is not during peak season.
Outboard motor means a marine propulsion system that is mounted on
the exterior of the vessel's hull.
Peak season means a period of time:
(i) Beginning on the day after the last day of the statewide spring
trapping season on public lands, as determined by the Missouri
Department of Conservation; and
(ii) Ending on the day before the first day of gigging season for
nongame fish, as determined by the Missouri Department of Conservation.
(b) Restrictions for motorized vessels. (1) The following actions
are prohibited on waters situated within the boundaries of Ozark
National Scenic Riverways:
(i) Operating a motorized vessel with more than one outboard motor,
not including an electric trolling motor.
(ii) Operating a motorized vessel with an inboard motor.
(iii) Operating a personal watercraft.
(2) The use of a motorized vessel is allowed on the Current River
according to the seasonal restrictions and maximum horsepower limits
set forth in table 1 to paragraph (b)(2).
Table 1 to Paragraph (b)(2)
----------------------------------------------------------------------------------------------------------------
Maximum horsepower Maximum horsepower
Section of river during peak season during off-peak season
----------------------------------------------------------------------------------------------------------------
Current River........................ Upper Section: Northern Motorized vessels 25 hp (motor with jet
boundary of the prohibited. unit); 18 hp (motor
Riverways downstream with propeller).
to Round Spring.
Middle Section: Round 60 hp (motor with jet 60 hp (motor with jet
Spring downstream to unit); 40 hp (motor unit); 40 hp (motor
the upper (northern) with propeller). with propeller).
end of the Van Buren
Gap.
Lower Section: Lower 150 hp (motor with jet 150 hp (motor with jet
(southern) end of the unit); 105 hp (motor unit); 105 hp (motor
Van Buren Gap with propeller). with propeller).
downstream to the
southern boundary of
the Riverways.
----------------------------------------------------------------------------------------------------------------
(3) The use of a motorized vessel is allowed on the Jacks Fork
River according to the seasonal restrictions and maximum horsepower
limits set forth in table 2 to paragraph (b)(3).
Table 2 to Paragraph (b)(3)
----------------------------------------------------------------------------------------------------------------
Maximum horsepower Maximum horsepower
Section of river during peak season during off-peak season
----------------------------------------------------------------------------------------------------------------
Jacks Fork River..................... Upper Section: Western Motorized vessels 25 hp (motor with jet
boundary of the prohibited. unit); 18 hp (motor
Riverways downstream with propeller).
to the upper (western)
end of Eminence Gap.
Middle Section: Lower 60 hp (motor with jet 60 hp (motor with jet
(eastern) end of the unit); 40 hp (motor unit); 40 hp (motor
Eminence Gap with propeller). with propeller).
downstream to Two
Rivers.
----------------------------------------------------------------------------------------------------------------
(4) The maximum horsepower limits in this section may be exceeded
pursuant to a written permit issued by the Superintendent.
(5) Maps indicating the horsepower limits in the various sections
of the rivers are located at park headquarters in Van Buren, MO, and on
the Ozark National Scenic Riverways website. Signs at designated access
points will have information about horsepower limits and seasonal
closures in the
[[Page 86058]]
upper, middle, and lower sections of river. The Superintendent will
notify the public of the designated access points in accordance with
Sec. 1.7 of this chapter.
(6) Operating a motorized vessel in a manner not allowed by this
paragraph (b) is prohibited.
(7) The Superintendent may restrict or impose conditions on the use
of motorized vessels, or close any portion of the Riverways to
motorized vessels, after taking into consideration public safety,
protection or park resources, weather conditions and park management
objectives. The Superintendent will provide notice of any such action
in accordance with Sec. 1.7 of this chapter. A violation of any such
restriction, condition, or closure is prohibited.
* * * * *
Matthew J. Strickler,
Deputy Assistant Secretary Exercising the Delegated Authority of the
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2023-27168 Filed 12-11-23; 8:45 am]
BILLING CODE 4312-52-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.