Cape Hatteras National Seashore; Off-Road Vehicle Management, 35373-35375 [E7-12012]

Download as PDF Federal Register / Vol. 72, No. 124 / Thursday, June 28, 2007 / Proposed Rules DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Part 7 Cape Hatteras National Seashore; OffRoad Vehicle Management National Park Service, Interior. Notice of Intent (NOI) to Establish a Negotiated Rulemaking Committee, Cape Hatteras National Seashore. AGENCY: rfrederick on PROD1PC67 with PROPOSALS ACTION: SUMMARY: The Secretary of the Interior is giving notice of intent to establish the Negotiated Rulemaking Advisory Committee for Off-Road Vehicle Management at Cape Hatteras National Seashore (Committee) to negotiate and develop special regulations (proposed rule) for management of off-road vehicles (ORV) at Cape Hatteras National Seashore (Seashore). DATES: Interested persons are invited to comment on the proposal to create this Committee. In addition, any persons who believe that they will be affected significantly by the proposed rule and who believe their interests will not be represented adequately by the persons identified in this NOI are invited to apply for or nominate another person for membership on the Committee. Each application must contain the information described in the ‘‘Application for Membership’’ section below. Comments and/or applications or nominations for membership on the Committee must be received by close of business July 30, 2007. ADDRESSES: Comments and/or applications for membership may be submitted to Michael B. Murray, Superintendent, Cape Hatteras National Seashore, 1401 National Park Drive, Manteo, North Carolina 27954. Alternatively, comments and applications may be submitted on-line through the National Park Service (NPS) Planning, Environment and Public Comment system (PEPC) at http:// parkplanning.nps.gov/CAHA. Only comments and/or applications submitted through PEPC or hand-carried or mailed to the address above will be accepted. Comments and applications received will be available for inspection at the address listed above from 8:30 to 4, EST, Monday through Friday following the close of the comment period. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. VerDate Aug<31>2005 14:52 Jun 27, 2007 Jkt 211001 While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. FOR FURTHER INFORMATION CONTACT: Michael B. Murray, Superintendent, Cape Hatteras National Seashore at the address listed below, or by telephone at 252 473–2111 extension 148. Information on negotiated rulemaking and on the ORV Management Plan/EIS is also available on-line at http:// parkplanning.nps.gov/CAHA by clicking on Cape Hatteras National Seashore Off-Road Vehicle Negotiated Rulemaking and Management Plan/EIS, and on Documents List and/or Links. SUPPLEMENTARY INFORMATION: The establishment of this Committee is in the public interest and supports the NPS in performing its duties and responsibilities under the NPS Organic Act, 16 U.S.C. 1 et seq., Executive Orders 11644 and 11989, 36 CFR 4.10, the Endangered Species Act, 16 U.S.C. 1531 et seq., the enabling legislation for the Seashore, 16 U.S.C. 459 et seq., and other legal authorities. The Committee will negotiate to reach consensus on concepts and language to be used as the basis for a proposed rule governing ORV use at the Seashore. With the participation of knowledgeable affected parties, NPS expects to develop a practical approach to addressing the management and public-use issues involved in the public’s desire for (1) access to beach areas by ORV for fishing and other recreational activities, (2) the quiet enjoyment of the natural scenery without motorized vehicles or their tire tracks, or sounds associated with their use, (3) public safety, and (4) the protection of beach environments and their associated plant and wildlife communities. Background Use of ORVs has become an issue of concern and a source of controversy at several units of the National Park System in recent years. Executive Order 11644, amended by Executive Order 11989, requires certain Federal agencies permitting ORV use on agency lands to publish regulations designating specific trails and areas for this use. Title 36, § 4.10 of the Code of Federal Regulations implements the Executive Orders for the NPS by providing that routes and areas designated for ORV use shall be promulgated as special regulations. Section 4.10 also provides that the designation of routes and areas shall comply with Executive Order 11644, and with § .5 of Title 36 of the Code of Federal Regulations, regarding PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 35373 closures. While special regulations governing ORVs have been developed at some units of the National Park System, presently no comprehensive ORV Management Plan nor special regulations are in place at the Seashore. An ORV management plan and special regulations are necessary to ensure NPS compliance with the above authorities and NPS management policies. The absence of special regulations governing ORVs at the Seashore has led to inconsistent management of ORV use, increased conflicts between Seashore uses, and potential damage to natural and cultural resources. An ORV Management Plan and special regulations must be developed in order to provide consistency in ORV management and resource protection in areas of ORV use. The NPS contracted with the U.S. Institute for Environmental Conflict Resolution to provide a feasibility assessment as to whether a negotiated rulemaking is a practicable means to develop consensus on proposed special regulations for the Seashore. The feasibility assessment concluded that this negotiated rulemaking would satisfy the requirements of the Negotiated Rulemaking Act, 5 U.S.C. 561 et seq., and that a rulemaking for ORV management at the Seashore is appropriate for development through negotiation. Concurrently with the negotiated rulemaking, NPS will develop the ORV Management Plan using the National Environmental Policy Act (NEPA) planning process. Scope of the Proposed Rule. Within the constraints of NPS statutory and policy responsibilities to preserve natural and cultural resources and to provide for their enjoyment, the Committee will evaluate and address key issues possibly including, but not limited to, the designation of specific ORV routes and areas, the periods of the year and times of day during which ORVs may be operated, and other conditions that govern the operation of ORVs at the Seashore. Special ORV regulations at the Seashore would identify criteria to designate appropriate ORV use areas and routes, and would establish consistent ORV management practices and procedures that include the ability to adjust ORV management in response to changes in the Seashore’s dynamic physical and biological environment. The management methodology embodied in the proposed rule would minimize adverse impacts to park resources due to ORV use, provide for visitor enjoyment and safety, and allow ORV use for those activities that are consistent with resource E:\FR\FM\28JNP1.SGM 28JNP1 rfrederick on PROD1PC67 with PROPOSALS 35374 Federal Register / Vol. 72, No. 124 / Thursday, June 28, 2007 / Proposed Rules preservation as recognized under the Seashore’s enabling legislation. List of Interests Significantly Affected. The NPS has identified a number of interests that are likely to be affected significantly by the rule. Those parties are Federal, State, and county government interests; local civic and neighborhood association and homeowner interests; environmental and conservation interests; various Seashore user interests, including ORV use, open access, recreation, water sports, recreational fishing, bird watching, and other general uses; and local tourism, visitation and business interests. Other parties who believe they are likely to be affected significantly by the proposed rule may apply for membership on the Committee under the ‘‘Application for Membership’’ section below. Proposed Agenda and Schedule for Publication of Proposed Rule. Members of the Committee, with the assistance of a neutral facilitator, will determine the agenda for the Committee’s work, which will include interactions with the concurrent NEPA planning process for developing an ORV Management Plan at the Seashore. Records of Meetings. In accordance with the requirements of the Federal Advisory Committee Act, 5 U.S.C. Appx. 1994, the NPS will keep a record of all Committee meetings. Administrative Support. To the extent authorized by law, the NPS will fund the costs of the Committee, keep a record of all Committee meetings, and provide administrative support and technical assistance for the activities of the Committee. The NPS will also provide staff expertise in resource management and operations to facilitate the Committee’s work. Committee Membership. In accordance with the Negotiated Rulemaking Act, membership is limited to 25, with each member having an alternate, unless the agency head determines that a greater number of members is necessary for the functioning of the committee or to achieve balanced membership. For this committee to achieve balanced membership among diverse national, regional, and local interests the feasibility assessment has recommended and the agency has determined, that a greater number of members is necessary. A membership of 28 is proposed for the Committee, consisting of the following: Civic and Homeowner Associations: 1. Rodanthe-Waves-Salvo Civic Association, member C.A. Duke, alternate Pat Weston (Greater Kinnakeet Shores Homeowners Inc. and RodantheWaves-Salvo Civic Association) VerDate Aug<31>2005 14:52 Jun 27, 2007 Jkt 211001 2. Avon Property Owners Association, member Frank Folb, alternate Pat Weston (Greater Kinnakeet Shores Homeowners Inc. and Rodanthe-WavesSalvo Civic Association) 3. Hatteras Village Civic Association, member Roy Kingery, alternate Jeffrey Wells (Hatteras Landing Homeowners Association) Commercial Fishermen: 4. North Carolina Fisheries Association, Michael Peele, alternate William Foster (North Carolina Fisheries Association) Environmental and Natural Resource Conservation Advocates, State/ Regional/Local: 5. Southern Environmental Law Center, member Derb Carter, alternate Michelle Nowlin (Southern Environmental Law Center) 6. North Carolina Audubon, member Walker Golder, alternate Sidney Maddock (National Audubon Society) Environmental and Natural Resource Conservation Advocates, National: 7. Coalition of National Park Service Retirees, member Robert Milne, alternate Dwight Rettie (Coalition of National Park Service Retirees) 8. Defenders of Wildlife, member Jason Rylander, alternate Andrew Hawley (Defenders of Wildlife) 9. Natural Resources Defense Council and The Wilderness Society, member Destry Jarvis, alternate Leslie Jones (The Wilderness Society) 10. The Nature Conservancy, member Sam Pearsall, alternate Aaron McCall (The Nature Conservancy) Government, County: 11. Dare County, member Warren Judge, alternate Ray Sturza (Dare County) 12. Hyde County, member David Scott Esham, alternate Kevin Howard (Hyde County) Government, Federal: 13. Cape Hatteras National Seashore, member Michael Murray, alternate Thayer Broili (Cape Hatteras National Seashore) 14. U.S. Fish and Wildlife Service, member Pete Benjamin, alternate David Rabon (U.S. Fish and Wildlife Service) Government, State: 15. North Carolina Marine Fisheries Commission, member Wayne Mathis, alternate Sara Winslow (North Carolina Marine Fisheries Commission) 16. North Carolina Wildlife Resources Commission, member David Allen, alternate Susan Cameron (North Carolina Wildlife Resources Commission) Tourism, Visitation, and Businesses: 17. Cape Hatteras Business Allies, member Judy Swartwood, alternate Stacy Stacks (Cape Hatteras Business Allies) PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 18. Outer Banks Chamber of Commerce, member Scott Leggat, alternate Sam Hagedon (Outer Banks Chamber of Commerce) 19. Outer Banks Visitors Bureau, member Carolyn McCormick, alternate Renee Cahoon User Groups, ORV Use: 20. North Carolina Beach Buggy Association, member Jim Keene, alternate David Joyner (North Carolina Beach Buggy Association) 21. United Four Wheel Drive Associations, member Carla Boucher, alternate Lyle Piner (United Four Wheel Drive Associations) User Groups, Open Access: 22. Outer Banks Preservation Association, member David Goodwin, alternate John Alley (Outer Banks Preservation Association) User Groups, Other Users: 23. Cape Hatteras Bird Club, member Ricky Davis, alternate Raymond Moore (Cape Hatteras Bird Club) 24. Cape Hatteras Recreational Alliance, member Jim Lyons, alternate Steven Kayota (Frisco and Hatteras Homeowners Coalition) 25. Water Sports Industry Association, member Trip Foreman, alternate Matt Nuzzo (Water Sports Industry Association) User Groups, Recreational Fishing: 26. American Sportfishing Association, member Bob Eakes, alternate Carol Forthman (American Sportfishing Association) 27. Cape Hatteras Anglers Club, member Larry Hardham, alternate Robert Davis (Cape Hatteras Anglers Club) 28. Recreational Fishing Alliance, member Patrick Paquette, alternate Ronald Bounds (Recreational Fishing Alliance) Application for Membership. Persons who believe they will be significantly affected by proposals to develop special regulations for ORV use at the Seashore and who believe that their interests will not be represented adequately by any person identified in the ‘‘Committee Membership’’ section above may apply for or nominate another person for membership on the Committee. In order to be considered, each application or nomination must include: 1. The name of the applicant or nominee and a description of the interest(s) such person shall represent, 2. Evidence that the applicant or nominee is authorized to represent parties related to the interest(s) the person proposes to represent, 3. A written commitment that the applicant or nominee will actively participate in good faith in the development of the proposed rule, and E:\FR\FM\28JNP1.SGM 28JNP1 Federal Register / Vol. 72, No. 124 / Thursday, June 28, 2007 / Proposed Rules 4. The reasons that the proposed members of the committee identified above do not represent the interests of the person submitting the application or nomination. To be considered, the application must be complete and received by the close of business 30 days after publication of this NOI in the Federal Register at the location indicated in the ADDRESSES section above. Full consideration will be given to all applications and nominations submitted in a timely manner. The decision whether or not to add a person to the Committee will be based on NPS’s determination whether an interest of that person will be significantly affected by the proposed rule, whether that interest is already adequately represented on the Committee, and if not, whether the applicant or nominee would adequately represent it. Certification. I hereby certify that the administrative establishment of the Cape Hatteras National Seashore Negotiated Rulemaking Advisory Committee is necessary and in the public interest in connection with the performance of duties imposed on the Department of the Interior by the Act of August 25, 1916, 16 U.S.C. 1 et seq. and other statutes relating to the administration of the National Park System. Dated: June 13, 2007. Dirk Kempthorne, Secretary of the Interior. [FR Doc. E7–12012 Filed 6–27–07; 8:45 am] BILLING CODE 4310–Y6–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 60 [EPA–HQ–OAR–2007–0011; FRL–8332–4] RIN 2060–AN72 Standards of Performance for Petroleum Refineries Environmental Protection Agency (EPA). ACTION: Proposed rule; extension of public comment period. AGENCY: EPA is announcing that the comment period on the proposed rule rfrederick on PROD1PC67 with PROPOSALS SUMMARY: amendments for the Standards of Performance for Petroleum Refineries, published on May 14, 2007, is being extended until August 27, 2007. DATES: Comments. Comments on the proposed amendments must be received on or before August 27, 2007. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2007–0011, by one of the following methods: • www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: a-and-r-docket@epa.gov. • Fax: (202) 566–1741. • Mail: U.S. Postal Service, send comments to: EPA Docket Center (6102T), Docket No. EPA–HQ–OAR– 2007–0011, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of two copies. In addition, please mail a copy of your comments on the information collection provisions to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th St., NW., Washington, DC 20503. • Hand Delivery: In person or by courier, deliver comments to: EPA Docket Center (6102T), EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20004. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Please include a total of two copies. Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2007– 0011. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or e-mail. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket, visit the EPA Docket Center homepage at http:// www.epa.gov/epahome/dockets.htm. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the EPA Docket Center (6102T), EPA West Building, Room 3444, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the EPA Docket Center is (202) 566–1742. Mr. Robert Lucas, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, Coatings and Chemicals Group (E143–01), Environmental Protection Agency, Research Triangle Park, NC 27711; telephone number: (919) 541–0884; fax number: (919) 541–0246; e-mail address: lucas.bob@epa.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities potentially regulated by this action include: Category NAICS* code Industry ....................................................................................................................................................... Federal government .................................................................................................................................... State/local/tribal government ...................................................................................................................... 32411 ................ ................ * North American Industrial Classification System. VerDate Aug<31>2005 14:52 Jun 27, 2007 Jkt 211001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 35375 E:\FR\FM\28JNP1.SGM 28JNP1 Examples of potentially regulated entities Petroleum refiners. Not affected. Not affected.

Agencies

[Federal Register Volume 72, Number 124 (Thursday, June 28, 2007)]
[Proposed Rules]
[Pages 35373-35375]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12012]



[[Page 35373]]

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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7


Cape Hatteras National Seashore; Off-Road Vehicle Management

AGENCY: National Park Service, Interior.

ACTION: Notice of Intent (NOI) to Establish a Negotiated Rulemaking 
Committee, Cape Hatteras National Seashore.

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SUMMARY: The Secretary of the Interior is giving notice of intent to 
establish the Negotiated Rulemaking Advisory Committee for Off-Road 
Vehicle Management at Cape Hatteras National Seashore (Committee) to 
negotiate and develop special regulations (proposed rule) for 
management of off-road vehicles (ORV) at Cape Hatteras National 
Seashore (Seashore).

DATES: Interested persons are invited to comment on the proposal to 
create this Committee. In addition, any persons who believe that they 
will be affected significantly by the proposed rule and who believe 
their interests will not be represented adequately by the persons 
identified in this NOI are invited to apply for or nominate another 
person for membership on the Committee. Each application must contain 
the information described in the ``Application for Membership'' section 
below. Comments and/or applications or nominations for membership on 
the Committee must be received by close of business July 30, 2007.

ADDRESSES: Comments and/or applications for membership may be submitted 
to Michael B. Murray, Superintendent, Cape Hatteras National Seashore, 
1401 National Park Drive, Manteo, North Carolina 27954. Alternatively, 
comments and applications may be submitted on-line through the National 
Park Service (NPS) Planning, Environment and Public Comment system 
(PEPC) at http://parkplanning.nps.gov/CAHA. Only comments and/or 
applications submitted through PEPC or hand-carried or mailed to the 
address above will be accepted. Comments and applications received will 
be available for inspection at the address listed above from 8:30 to 4, 
EST, Monday through Friday following the close of the comment period. 
Before including your address, phone number, e-mail address, or other 
personal identifying information in your comment, you should be aware 
that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

FOR FURTHER INFORMATION CONTACT: Michael B. Murray, Superintendent, 
Cape Hatteras National Seashore at the address listed below, or by 
telephone at 252 473-2111 extension 148. Information on negotiated 
rulemaking and on the ORV Management Plan/EIS is also available on-line 
at http://parkplanning.nps.gov/CAHA by clicking on Cape Hatteras 
National Seashore Off-Road Vehicle Negotiated Rulemaking and Management 
Plan/EIS, and on Documents List and/or Links.

SUPPLEMENTARY INFORMATION: The establishment of this Committee is in 
the public interest and supports the NPS in performing its duties and 
responsibilities under the NPS Organic Act, 16 U.S.C. 1 et seq., 
Executive Orders 11644 and 11989, 36 CFR 4.10, the Endangered Species 
Act, 16 U.S.C. 1531 et seq., the enabling legislation for the Seashore, 
16 U.S.C. 459 et seq., and other legal authorities. The Committee will 
negotiate to reach consensus on concepts and language to be used as the 
basis for a proposed rule governing ORV use at the Seashore. With the 
participation of knowledgeable affected parties, NPS expects to develop 
a practical approach to addressing the management and public-use issues 
involved in the public's desire for (1) access to beach areas by ORV 
for fishing and other recreational activities, (2) the quiet enjoyment 
of the natural scenery without motorized vehicles or their tire tracks, 
or sounds associated with their use, (3) public safety, and (4) the 
protection of beach environments and their associated plant and 
wildlife communities.

Background

    Use of ORVs has become an issue of concern and a source of 
controversy at several units of the National Park System in recent 
years. Executive Order 11644, amended by Executive Order 11989, 
requires certain Federal agencies permitting ORV use on agency lands to 
publish regulations designating specific trails and areas for this use. 
Title 36, Sec.  4.10 of the Code of Federal Regulations implements the 
Executive Orders for the NPS by providing that routes and areas 
designated for ORV use shall be promulgated as special regulations. 
Section 4.10 also provides that the designation of routes and areas 
shall comply with Executive Order 11644, and with Sec.  .5 of Title 36 
of the Code of Federal Regulations, regarding closures. While special 
regulations governing ORVs have been developed at some units of the 
National Park System, presently no comprehensive ORV Management Plan 
nor special regulations are in place at the Seashore. An ORV management 
plan and special regulations are necessary to ensure NPS compliance 
with the above authorities and NPS management policies. The absence of 
special regulations governing ORVs at the Seashore has led to 
inconsistent management of ORV use, increased conflicts between 
Seashore uses, and potential damage to natural and cultural resources. 
An ORV Management Plan and special regulations must be developed in 
order to provide consistency in ORV management and resource protection 
in areas of ORV use.
    The NPS contracted with the U.S. Institute for Environmental 
Conflict Resolution to provide a feasibility assessment as to whether a 
negotiated rulemaking is a practicable means to develop consensus on 
proposed special regulations for the Seashore. The feasibility 
assessment concluded that this negotiated rulemaking would satisfy the 
requirements of the Negotiated Rulemaking Act, 5 U.S.C. 561 et seq., 
and that a rulemaking for ORV management at the Seashore is appropriate 
for development through negotiation. Concurrently with the negotiated 
rulemaking, NPS will develop the ORV Management Plan using the National 
Environmental Policy Act (NEPA) planning process.
    Scope of the Proposed Rule. Within the constraints of NPS statutory 
and policy responsibilities to preserve natural and cultural resources 
and to provide for their enjoyment, the Committee will evaluate and 
address key issues possibly including, but not limited to, the 
designation of specific ORV routes and areas, the periods of the year 
and times of day during which ORVs may be operated, and other 
conditions that govern the operation of ORVs at the Seashore. Special 
ORV regulations at the Seashore would identify criteria to designate 
appropriate ORV use areas and routes, and would establish consistent 
ORV management practices and procedures that include the ability to 
adjust ORV management in response to changes in the Seashore's dynamic 
physical and biological environment. The management methodology 
embodied in the proposed rule would minimize adverse impacts to park 
resources due to ORV use, provide for visitor enjoyment and safety, and 
allow ORV use for those activities that are consistent with resource

[[Page 35374]]

preservation as recognized under the Seashore's enabling legislation.
    List of Interests Significantly Affected. The NPS has identified a 
number of interests that are likely to be affected significantly by the 
rule. Those parties are Federal, State, and county government 
interests; local civic and neighborhood association and homeowner 
interests; environmental and conservation interests; various Seashore 
user interests, including ORV use, open access, recreation, water 
sports, recreational fishing, bird watching, and other general uses; 
and local tourism, visitation and business interests. Other parties who 
believe they are likely to be affected significantly by the proposed 
rule may apply for membership on the Committee under the ``Application 
for Membership'' section below.
    Proposed Agenda and Schedule for Publication of Proposed Rule. 
Members of the Committee, with the assistance of a neutral facilitator, 
will determine the agenda for the Committee's work, which will include 
interactions with the concurrent NEPA planning process for developing 
an ORV Management Plan at the Seashore.
    Records of Meetings. In accordance with the requirements of the 
Federal Advisory Committee Act, 5 U.S.C. Appx. 1994, the NPS will keep 
a record of all Committee meetings.
    Administrative Support. To the extent authorized by law, the NPS 
will fund the costs of the Committee, keep a record of all Committee 
meetings, and provide administrative support and technical assistance 
for the activities of the Committee. The NPS will also provide staff 
expertise in resource management and operations to facilitate the 
Committee's work.
    Committee Membership. In accordance with the Negotiated Rulemaking 
Act, membership is limited to 25, with each member having an alternate, 
unless the agency head determines that a greater number of members is 
necessary for the functioning of the committee or to achieve balanced 
membership. For this committee to achieve balanced membership among 
diverse national, regional, and local interests the feasibility 
assessment has recommended and the agency has determined, that a 
greater number of members is necessary. A membership of 28 is proposed 
for the Committee, consisting of the following:
    Civic and Homeowner Associations:
    1. Rodanthe-Waves-Salvo Civic Association, member C.A. Duke, 
alternate Pat Weston (Greater Kinnakeet Shores Homeowners Inc. and 
Rodanthe-Waves-Salvo Civic Association)
    2. Avon Property Owners Association, member Frank Folb, alternate 
Pat Weston (Greater Kinnakeet Shores Homeowners Inc. and Rodanthe-
Waves-Salvo Civic Association)
    3. Hatteras Village Civic Association, member Roy Kingery, 
alternate Jeffrey Wells (Hatteras Landing Homeowners Association)
    Commercial Fishermen:
    4. North Carolina Fisheries Association, Michael Peele, alternate 
William Foster (North Carolina Fisheries Association)
    Environmental and Natural Resource Conservation Advocates, State/
Regional/Local:
    5. Southern Environmental Law Center, member Derb Carter, alternate 
Michelle Nowlin (Southern Environmental Law Center)
    6. North Carolina Audubon, member Walker Golder, alternate Sidney 
Maddock (National Audubon Society)
    Environmental and Natural Resource Conservation Advocates, 
National:
    7. Coalition of National Park Service Retirees, member Robert 
Milne, alternate Dwight Rettie (Coalition of National Park Service 
Retirees)
    8. Defenders of Wildlife, member Jason Rylander, alternate Andrew 
Hawley (Defenders of Wildlife)
    9. Natural Resources Defense Council and The Wilderness Society, 
member Destry Jarvis, alternate Leslie Jones (The Wilderness Society)
    10. The Nature Conservancy, member Sam Pearsall, alternate Aaron 
McCall (The Nature Conservancy)
    Government, County:
    11. Dare County, member Warren Judge, alternate Ray Sturza (Dare 
County)
    12. Hyde County, member David Scott Esham, alternate Kevin Howard 
(Hyde County)
    Government, Federal:
    13. Cape Hatteras National Seashore, member Michael Murray, 
alternate Thayer Broili (Cape Hatteras National Seashore)
    14. U.S. Fish and Wildlife Service, member Pete Benjamin, alternate 
David Rabon (U.S. Fish and Wildlife Service)
    Government, State:
    15. North Carolina Marine Fisheries Commission, member Wayne 
Mathis, alternate Sara Winslow (North Carolina Marine Fisheries 
Commission)
    16. North Carolina Wildlife Resources Commission, member David 
Allen, alternate Susan Cameron (North Carolina Wildlife Resources 
Commission)
    Tourism, Visitation, and Businesses:
    17. Cape Hatteras Business Allies, member Judy Swartwood, alternate 
Stacy Stacks (Cape Hatteras Business Allies)
    18. Outer Banks Chamber of Commerce, member Scott Leggat, alternate 
Sam Hagedon (Outer Banks Chamber of Commerce)
    19. Outer Banks Visitors Bureau, member Carolyn McCormick, 
alternate Renee Cahoon
    User Groups, ORV Use:
    20. North Carolina Beach Buggy Association, member Jim Keene, 
alternate David Joyner (North Carolina Beach Buggy Association)
    21. United Four Wheel Drive Associations, member Carla Boucher, 
alternate Lyle Piner (United Four Wheel Drive Associations)
    User Groups, Open Access:
    22. Outer Banks Preservation Association, member David Goodwin, 
alternate John Alley (Outer Banks Preservation Association)
    User Groups, Other Users:
    23. Cape Hatteras Bird Club, member Ricky Davis, alternate Raymond 
Moore (Cape Hatteras Bird Club)
    24. Cape Hatteras Recreational Alliance, member Jim Lyons, 
alternate Steven Kayota (Frisco and Hatteras Homeowners Coalition)
    25. Water Sports Industry Association, member Trip Foreman, 
alternate Matt Nuzzo (Water Sports Industry Association)
    User Groups, Recreational Fishing:
    26. American Sportfishing Association, member Bob Eakes, alternate 
Carol Forthman (American Sportfishing Association)
    27. Cape Hatteras Anglers Club, member Larry Hardham, alternate 
Robert Davis (Cape Hatteras Anglers Club)
    28. Recreational Fishing Alliance, member Patrick Paquette, 
alternate Ronald Bounds (Recreational Fishing Alliance)
    Application for Membership. Persons who believe they will be 
significantly affected by proposals to develop special regulations for 
ORV use at the Seashore and who believe that their interests will not 
be represented adequately by any person identified in the ``Committee 
Membership'' section above may apply for or nominate another person for 
membership on the Committee. In order to be considered, each 
application or nomination must include:
    1. The name of the applicant or nominee and a description of the 
interest(s) such person shall represent,
    2. Evidence that the applicant or nominee is authorized to 
represent parties related to the interest(s) the person proposes to 
represent,
    3. A written commitment that the applicant or nominee will actively 
participate in good faith in the development of the proposed rule, and

[[Page 35375]]

    4. The reasons that the proposed members of the committee 
identified above do not represent the interests of the person 
submitting the application or nomination.
    To be considered, the application must be complete and received by 
the close of business 30 days after publication of this NOI in the 
Federal Register at the location indicated in the ADDRESSES section 
above. Full consideration will be given to all applications and 
nominations submitted in a timely manner. The decision whether or not 
to add a person to the Committee will be based on NPS's determination 
whether an interest of that person will be significantly affected by 
the proposed rule, whether that interest is already adequately 
represented on the Committee, and if not, whether the applicant or 
nominee would adequately represent it.
    Certification. I hereby certify that the administrative 
establishment of the Cape Hatteras National Seashore Negotiated 
Rulemaking Advisory Committee is necessary and in the public interest 
in connection with the performance of duties imposed on the Department 
of the Interior by the Act of August 25, 1916, 16 U.S.C. 1 et seq. and 
other statutes relating to the administration of the National Park 
System.

    Dated: June 13, 2007.
Dirk Kempthorne,
Secretary of the Interior.
 [FR Doc. E7-12012 Filed 6-27-07; 8:45 am]
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