Special Regulations of the National Park Service, Curecanti National Recreation Area, Snowmobiles and Off-Road Motor Vehicles, 27132-27137 [2013-10979]
Download as PDF
<![CDATA[
27132
Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Proposed Rules
tkelley on DSK3SPTVN1PROD with PROPOSALS
administering the Department’s
programs and activities.
These proposed priorities and
requirements would benefit individual
children by supporting the development
and enhancement of safe, secure, and
healthy school practices that would
provide educators and stakeholders
with timely and useful information to
guide policy and decision making for
education facilities.
Intergovernmental Review: This
program is subject to Executive Order
12372 and the regulations in 34 CFR
part 79. One of the objectives of the
Executive Order is to foster an
intergovernmental partnership and a
strengthened federalism. The Executive
Order relies on processes developed by
State and local governments for
coordination and review of proposed
Federal financial assistance.
This document provides early
notification of our specific plans and
actions for this program.
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
request to the program contact person
listed under FOR FURTHER INFORMATION
CONTACT.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. Free Internet access to the
official edition of the Federal Register
and the Code of Federal Regulations is
available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you
can view this document, as well as all
other documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF). To use PDF you must
have Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at: www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Dated: May 3, 2013.
Deborah S. Delisle,
Assistant Secretary for Elementary and
Secondary Education.
[FR Doc. 2013–10962 Filed 5–8–13; 8:45 am]
BILLING CODE 4000–01–P
VerDate Mar<15>2010
16:30 May 08, 2013
Jkt 229001
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS–CURE–10079; 122PPIMCURES1–
PPMPSPD1Z.YM0000]
RIN 1024–AD76
Special Regulations of the National
Park Service, Curecanti National
Recreation Area, Snowmobiles and
Off-Road Motor Vehicles
National Park Service, Interior.
Proposed rule.
AGENCY:
ACTION:
The National Park Service
proposes to amend its special
regulations for Curecanti National
Recreation Area, Colorado, to designate
routes, water surfaces, and areas where
snowmobiles or motor vehicles may be
used off park roads. Unless authorized
by special regulation, the operation of
snowmobiles and the operation of motor
vehicles off road within areas of the
National Park System are prohibited.
The other existing special regulations
for Curecanti National Recreation Area
would remain in effect.
DATES: Comments must be received by
July 8, 2013.
ADDRESSES: You may submit comments,
identified by the Regulation Identifier
Number (RIN) 1024–AD76, by any of the
following methods:
• Federal rulemaking portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail or hand delivery to: Curecanti
National Recreation Area, 102 Elk
Creek, Gunnison, CO 81230, Attn: Ken
Stahlnecker, Chief of Resource
Stewardship and Science.
Instructions: All submissions received
must include the agency name and RIN
for this rulemaking. All comments
received will be posted without change
to www.regulations.gov, including any
personal information provided. For
additional information, see Public
Participation under SUPPLEMENTARY
INFORMATION below.
FOR FURTHER INFORMATION CONTACT: Ken
Stahlnecker, Chief of Resource
Stewardship and Science, Curecanti
National Recreation Area, 102 Elk
Creek, Gunnison, CO 81230. Phone:
(970) 641–2337x225. Email:
ken_stahlnecker@nps.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
History of Curecanti National
Recreation Area
The Blue Mesa Dam and Reservoir,
Morrow Point Dam and Reservoir, and
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
Crystal Dam and Reservoir make up the
Curecanti Unit, one of the four main
units authorized by the Colorado River
Storage Project Act of April 11, 1956
(Pub. L. 84–485) (CRSPA). The
Curecanti Unit is also known as the
Wayne N. Aspinall Storage Unit.
Section 8 of CRSPA directed the
Secretary of the Interior (Secretary) ‘‘to
investigate, plan, construct, operate, and
maintain (1) public recreational
facilities on lands withdrawn or
acquired for the development of [the
Colorado River Storage Project] to
conserve the scenery, the natural,
historic, and archeological objects, and
the wildlife on said lands, and to
provide for public use and enjoyment of
the same and of the water areas created
by these projects by such means as are
consistent with the primary purposes of
said projects. . . .’’
Pursuant to that provision, the
National Park Service (NPS) began
managing natural and cultural resources
and recreational uses within Curecanti
National Recreation Area (CURE) in
1965 under a Memorandum of
Agreement (MOA) with the Bureau of
Reclamation. In 1978, Bureau of
Reclamation lands in the East Portal
area were added to CURE and placed
under the management authority of the
NPS pursuant to the MOA.
Description and Significance of
Curecanti National Recreation Area
CURE is located in Gunnison and
Montrose Counties in southwestern
Colorado. The reservoirs and the
surrounding lands provide recreational
opportunities amidst a variety of
natural, cultural, and scenic resources,
including recently discovered dinosaur
fossils, a 5,000-acre archeological
district, and traces of 6,000-year-old
dwellings. Approximately one million
people visit CURE annually to take
advantage of numerous recreational
opportunities. Most visitors come
during the summer months when
temperatures are warmer and waterbased activities are more popular.
The recreation area contains water
resources, including three reservoirs
that provide a variety of recreational
opportunities in a spectacular geological
setting. Blue Mesa Reservoir is one of
the largest high-altitude bodies of water
in the United States. It provides an
exciting diversity of water recreation
opportunities for windsurfers, sail
boaters, and water skiers.
Motor Vehicle and Snowmobile Use Off
Road at Curecanti National Recreation
Area
Visitors to CURE use motor vehicles
to access campsites, fishing spots,
E:\FR\FM\09MYP1.SGM
09MYP1
Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Proposed Rules
marinas, trailheads, and other
destinations throughout the recreation
area, both on and off roads. Motor
vehicle access is also an important
means for disabled or mobility impaired
visitors to experience the recreation
area.
Motor vehicles have traditionally
been used to access certain sites within
the recreation area, including areas
below the high-water mark (i.e., where
the water line would be if the reservoir
is at full capacity) of Blue Mesa
Reservoir (also known as Blue Mesa
Lake). The high-water mark is defined
as the point at which the reservoir is at
maximum capacity (full pool), an
elevation of 7,519 feet. NPS policy at the
recreation area has been to allow the
operation of motor vehicles between the
high-water mark and the water surface
of Blue Mesa Reservoir for the purpose
of fishing access and boat launching. In
addition, the NPS has designated
several access roads that service power
lines as routes open for motor vehicle
access. Access to areas below the highwater mark is primarily from
maintained roads. However, routes off
established roads also provide access for
travel below the high-water mark in a
few areas. The most common motor
vehicles that access these areas are cars
and trucks. During the winter months,
snowmobiles are often used to reach
popular fishing locations on the frozen
surface of Blue Mesa Reservoir.
Snowmobiles access the frozen surface
from designated access points.
Authority and Jurisdiction
1916 Organic Act
The NPS manages CURE under the
NPS Organic Act of 1916 (Organic Act)
(16 U.S.C. 1 et seq.), which gives the
NPS broad authority to regulate the use
of the park areas under its jurisdiction.
The Organic Act authorizes the
Secretary to ‘‘make and publish such
rules and regulations as he may deem
necessary or proper for the use and
management of the parks.’’
tkelley on DSK3SPTVN1PROD with PROPOSALS
Resource Management
The purpose of the recreation area is
to conserve its scenery, natural and
cultural resources, and wildlife, and to
manage its lands, waters, fish, wildlife,
and recreational activities consistent
with the MOA, section 8 of CRSPA, and
the Federal Water Project Recreation Act
(16 U.S.C 460(L)(12–21); Pub. L. 89–72;
July 9, 1965 as amended).
Off-Road Motor Vehicle and
Snowmobile Regulation
Executive Order 11644, Use of OffRoad Vehicles on the Public Lands,
VerDate Mar<15>2010
16:30 May 08, 2013
Jkt 229001
issued in 1972 and amended by
Executive Order 11989 in 1977, required
federal agencies to issue regulations
designating specific areas and routes on
public lands where the use of off-road
vehicles may be used. NPS has
implemented these Executive Orders in
36 CFR 2.18 and 4.10.
Under 36 CFR 4.10, the use of motor
vehicles off established roads is not
permitted unless routes and areas are
designated for off-road motor vehicle
use by a special regulation. Under 36
CFR 4.10(b), such routes and areas ‘‘may
be designated only in national
recreation areas, national seashores,
national lakeshores and national
preserves.’’ Similarly, under 36 CFR
2.18, the use of snowmobiles is not
permitted except on routes and water
surfaces used by motor vehicles or
motorboats during other seasons; routes
and water surfaces must be designated
for snowmobile use by special
regulation.
The NPS is issuing this proposed rule
to designate routes, water surfaces, and
areas where motor vehicles and
snowmobiles may be used off park
roads, in compliance with 36 CFR 2.18
and 4.10 and Executive Orders 11644
and 11989.
Motorized Vehicle Access Plan/
Environmental Assessment
This proposed rule supports
implementation of the preferred
alternative (Alternative C) for CURE
described in the October 2010 Motor
Vehicle Access Plan/Environmental
Assessment (EA). The EA was open for
public review and comment from
November 17, 2010 until January 15,
2011. CURE completed a Finding of No
Significant Impact (FONSI) on July 10,
2012, which chose the preferred
alternative (Alternative C) as the
selected action. The EA and FONSI are
available at https://
parkplanning.nps.gov/cure by clicking
the link entitled ‘‘Motorized Access
Plan/Environmental Assessment’’ and
then clicking the link entitled
‘‘Document List.’’
Under the selected action (the
preferred alternative in the EA), motor
vehicle use will be allowed only on
routes above the high water mark and in
areas below the high water mark of Blue
Mesa Reservoir that are designated as
open. To better preserve traditional
access on routes above the high-water
mark, the selected action will amend the
1997 General Management Plan to
create a new Semi-Primitive/Motorized
zone within and along the designated
routes. This zone will include access
routes to reservoir shoreline that have
traditionally been used by the public.
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
27133
Desired conditions for routes in the
Semi-Primitive/Motorized zone will be
the same as those for the adjacent SemiPrimitive/Non-Motorized zone, except
public motor vehicles will be allowed.
This will result in a predominantly
natural-appearing landscape with
abundant natural sights and sounds and
a limited number of unpaved motorized
travel routes.
Visitor activities will be limited in the
Semi-Primitive/Motorized zone as no
services or recreational facilities will be
provided. Encounters with other
vehicles and visitors will be possible.
This zone will include the power line
access road and associated spur routes
to the shoreline on the south side of
Blue Mesa Reservoir, and certain
administrative routes. As a result, there
will be approximately 24 miles of
traditionally used routes open to public
motor vehicle access.
The selected action includes
approximately 4.9 miles of routes on
lands adjacent to CURE administered by
the Bureau of Land Management (BLM)
and the U.S. Forest Service (USFS).
These lands are identified for future
NPS management in the August 2008
Final Resource Protection Study/
Environmental Impact Statement (RPS/
EIS), available at https://
parkplanning.nps.gov/cure then
clicking on the link entitled ‘‘Curecanti
Resource Protection Study’’ and then
clicking on the link entitled ‘‘Document
List.’’ These routes are currently open to
public motor vehicle use under BLM
and USFS management plans and
connect to access routes within the
boundary of CURE. Because the use of
motor vehicles on these routes was
analyzed by the EA and included in the
FONSI, no future compliance under the
National Environmental Policy Act of
1969 (NEPA) would be required to
designate these areas as open to motor
vehicles. However, the NPS cannot
designate these routes as open to motor
vehicles until it gains administrative
jurisdiction over the lands where they
are located, which requires
Congressional action. Congress is
currently considering a bill that would
transfer administrative jurisdiction over
these lands to the NPS. If this bill is
enacted into law prior to publication of
the final rule, the NPS would designate
these routes as open to motor vehicles
in the final rule. Therefore, the NPS
invites public comment on this
proposed action as part of this rule.
Below the high-water mark of Blue
Mesa Reservoir, the NPS will designate
a maximum area of approximately 958
acres traditionally used by the public as
open to motor vehicle access. The actual
number of acres accessible by motor
E:\FR\FM\09MYP1.SGM
09MYP1
27134
Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Proposed Rules
vehicles at any particular time will
depend upon the water level of the
reservoir. The remaining area (a
maximum area of approximately 7280
acres) below the high-water mark, that
has not traditionally been used by motor
vehicles due to access limitations
caused by terrain or reservoir levels,
will not be open to vehicular use in
order to protect known and unknown
resources, including cultural sites.
Pedestrian access will continue to be
permitted in these areas, except when
and where resource closures may be in
effect. The selected action retains
traditional access in the recreation area
by keeping the most commonly used
routes and areas open to public motor
vehicle access.
Under the selected action, three new
snowmobile access points will be
designated in addition to the currently
designated access points and routes: one
at the Lake Fork Visitor Center boat
ramp; one on the southeast shore of Iola
Basin near Willow Creek; and one in the
McIntyre Gulch area. The selected
action meets all objectives of the EA,
best retains traditional motor vehicle
access, and provides the highest level of
protection for known and unknown
cultural resources.
tkelley on DSK3SPTVN1PROD with PROPOSALS
Proposed Rule
This proposed rule would amend the
special regulations for CURE at 36 CFR
7.51 to implement the selected action in
the FONSI (the preferred alternative in
the EA). The rule would designate
frozen recreation area water surfaces
where snowmobiles may be used,
designate new access points, and
designate routes from the access points
to the frozen surface of the Blue Mesa
Reservoir. The rule would also
designate routes and areas where motor
vehicles may be used off park roads
within the recreation area, and access
routes at various locations throughout
the park. The rule does not address
management of snowmobiles on USFS
lands identified for future NPS
management in the RPS/EIS.
Snowmobiles
Under this rule, section 7.51(c) would
be amended to modify the designated
access routes and frozen water surface
where snowmobiles may be used.
Snowmobiles would continue to be
permitted to operate on designated
routes and areas within the boundaries
of CURE provided their use conforms to
the regulations governing the use of
snowmobiles in 36 CFR 2.18 and
applicable State laws. The rule would
retain the frozen surface of Blue Mesa
Reservoir as a designated area for
snowmobile use and add specific
VerDate Mar<15>2010
16:30 May 08, 2013
Jkt 229001
designated access points and access
routes to the reservoir. Routes would be
designated for travel by snowmobiles
from the access points to the frozen
surface of Blue Mesa Reservoir. These
access routes would be limited to the
most direct route from the access points
to the frozen surface. Traveling parallel
to the reservoir, before accessing the
frozen surface, would be prohibited.
Routes may be marked where possible,
but changing weather conditions and
terrain often make posting routes
difficult. The rule also would create
three new snowmobile access points:
one at the Lake Fork Visitor Center boat
ramp; one on the southeast shore of Iola
Basin near Willow Creek; and one near
McIntyre Gulch. The new access points
would reduce environmental impacts by
shortening the distance some visitors
travel over the frozen surface by
snowmobile to fish. A map of the water
surfaces and routes open to snowmobile
use and designated access points would
be available in the office of the
Superintendent and on the park Web
site.
Snowmobile gross weight would
continue to be limited to a maximum of
1,200 pounds (machine and cargo). The
snowmobile speed limit would remain
45 mph (36 CFR 2.18(d)(4)).
Off Road Vehicles
Paragraph 7.51(e) would be added to
designate routes and areas where motor
vehicles may be used off-road in the
recreation area. Under 36 CFR 1.4, the
term ‘‘motor vehicle’’ does not include
snowmobiles. As a result, paragraph
7.51(e) would not apply to
snowmobiles. Under this rule, the
frozen surface of Blue Mesa Reservoir
and a maximum area of approximately
958 acres of the exposed bed of Blue
Mesa Reservoir would be designated
areas for motor vehicle use.
Approximately 24 miles of off-road
routes would be designated open to
public motor vehicle use. These routes
would provide access to Blue Mesa
Reservoir, other CURE lands, and to
adjacent public lands. A map of areas
and routes open to off-road motor
vehicle use would be available in the
office of the Superintendent and on the
park Web site.
The provisions of 36 CFR Part 4,
including state law adopted by 36 CFR
4.1, apply within the recreation area.
Unless posted otherwise, the speed limit
would be 15 mph for motor vehicles on
all designated off-road routes and areas.
Speed limits are implemented for visitor
safety and to prohibit driving that may
damage resources. The 45 mph speed
limit for snowmobiles is higher than the
15 mph speed limit for motor vehicles,
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
even though both would be allowed to
travel on the frozen surface of Blue
Mesa Reservoir, because snowmobiles
are more easily controlled on snow and
ice due to vehicle design and a lower
center of gravity. As a result, there are
less safety and resource concerns with
driving snowmobiles in excess of 15
mph. Motor vehicle gross weight would
be limited to a maximum of 1,800
pounds (machine and cargo) on the
frozen surface of Blue Mesa Reservoir.
This vehicle restriction is intended to
allow only lightweight all-terrain
vehicles (ATV) or utility task vehicles
(UTV or sometimes referred to as a sideby-side) onto the frozen surface.
To prevent impacts to areas outside of
existing routes, a maximum 8 feet, 6
inches wheel width (track) requirement
would be implemented for motor
vehicles on all designated routes. The
NPS may also recommend, but not
require, four-wheel drive and/or highclearance vehicles on particular routes,
based on visitor safety and route
conditions.
Superintendent’s Authority
Routes, water surface, areas, or access
points designated for snowmobile,
personal watercraft, or off-road motor
vehicle use would be subject to yearround, seasonal, or temporary sitespecific closures, conditions, or
restrictions with notice provided
pursuant to 36 CFR 1.7. The
Superintendent’s authority in
§ 7.51(d)(5), related to personal
watercraft use, would be removed
because it would be redundant with the
Superintendent’s authority in paragraph
(f) of the proposed rule.
Economic Analysis
An analysis of the potential costs and
benefits of the rule can be found in the
report entitled ‘‘Summary of Economic
Analyses’’ which is available at https://
parkplanning.nps.gov/cure then
clicking the link entitled ‘‘Motorized
Access Plan/Environmental
Assessment’’ and then clicking the link
entitled ‘‘Document List.’’
Compliance With Other Laws,
Executive Orders and Department
Policy
Use of Off-Road Vehicles on the Public
Lands (Executive Orders 11644 and
11989)
Section 3(a)(4) of Executive Order
11644 provides that ORV ‘‘[a]reas and
trails shall be located in areas of the
National Park system, Natural Areas, or
National Wildlife Refuges and Game
Ranges only if the respective agency
head determines that off-road vehicle
use in such locations will not adversely
E:\FR\FM\09MYP1.SGM
09MYP1
tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Proposed Rules
affect their natural, aesthetic, or scenic
values.’’ Since the Executive Order
clearly was not intended to prohibit all
ORV use everywhere in these units, the
term ‘‘adversely affect’’ does not have
the same meaning as the somewhat
similar terms ‘‘adverse impact’’ and
‘‘adverse effect’’ used in NEPA. In
analyses under NEPA, a procedural
statute that provides for the study of
environmental impacts, the term
‘‘adverse effect’’ includes minor or
negligible effects. Section 3(a)(4) of the
Executive Order, by contrast, concerns
substantive management decisions and
must be read in the context of the
authorities applicable to such decisions.
CURE is an area of the National Park
System. Therefore, NPS interprets the
Executive Order term ‘‘adversely affect’’
consistent with its NPS Management
Policies 2006. Those policies require
that the NPS only allow ‘‘appropriate
use’’ of parks and avoid ‘‘unacceptable
impacts.’’
This rule is consistent with those
requirements. It will not impede
attainment of CURE’s desired future
conditions for natural and cultural
resources as identified in the EA. NPS
has determined that this rule will not
unreasonably interfere with the
atmosphere of peace and tranquility or
the natural soundscape maintained in
natural locations within CURE.
Therefore, within the context of the
resources and values of CURE, motor
vehicle use on the routes and areas
designated by this rule (which are also
subject to resource closures and other
species management measures that
would be implemented under the
preferred alternative in the EA) will not
cause an unacceptable impact to the
natural, aesthetic, or scenic values of
CURE.
Section 8(a) of the Executive Order
requires agency heads to monitor the
effects of ORV use on lands under their
jurisdictions. On the basis of
information gathered, agency heads
shall from time to time amend or
rescind designations of areas or other
actions as necessary to further the
policy of the Executive Order. The
preferred alternative (Alternative C) for
the EA identifies monitoring and
resource protection procedures and
periodic review to provide for the
ongoing and future evaluation of
impacts of motor vehicle use on
protected resources. The park
Superintendent has the existing
authority under both this final rule and
36 CFR 1.5 to close portions of CURE as
needed to protect park resources.
VerDate Mar<15>2010
16:30 May 08, 2013
Jkt 229001
Regulatory Planning and Review
(Executive Orders 12866 and 13563)
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs (OIRA) will review all significant
rules. OIRA has determined that this
rule is not significant.
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. It 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. We have 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 regulatory flexibility
analysis found in the report entitled
‘‘Summary of Economic Analyses’’
which can be viewed on the park’s
planning Web site, https://
parkplanning.nps.gov/cure, then
clicking the link entitled ‘‘Motorized
Access Plan/Environmental
Assessment’’ and then clicking the link
entitled ‘‘Document List.’’
27135
rule does not have a significant or
unique effect on State, local or tribal
governments or the private sector. A
statement containing the information
required by the UMRA (2 U.S.C. 1531 et
seq.) is not required.
Takings (Executive Order 12630)
Under the criteria in section 2 of
Executive Order 12630, this rule does
not have significant takings
implications. 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. This proposed rule only
affects use of NPS administered lands
and waters. 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 (PRA)
This rule does not contain
information collection requirements,
and a submission under the PRA is not
required.
Small Business Regulatory Enforcement
Fairness Act (SBREFA)
This rule is not a major rule under 5
U.S.C. 804(2), the SBREFA. 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.
National Environmental Policy Act
(NEPA)
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
The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
Tribes through a commitment to
consultation with Indian Tribes and
recognition of their right to self-
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
This rule does not constitute a major
Federal action significantly affecting the
quality of the human environment. A
detailed statement under NEPA is not
required because we reached a FONSI.
The EA and FONSI are available at
https://parkplanning.nps.gov/cure then
clicking the link entitled ‘‘Motorized
Access Plan/Environmental
Assessment’’ and then clicking on the
link entitled ‘‘Document List.’’
Consultation with Indian Tribes
(Executive Order 13175 and
Department Policy)
E:\FR\FM\09MYP1.SGM
09MYP1
27136
Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Proposed Rules
governance and tribal sovereignty. We
have evaluated this rule under the
Department’s consultation policy and
under the criteria in Executive Order
13175 and have 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.
However, park staff consulted with
representatives from the Southern Ute
Indian tribe, Uintah and Ouray Tribal
Business Committee, Ute tribe of the
Uintah and Ouray Reservation, and the
Ute Mountain Ute tribe. The tribes have
not commented or identified any
concerns to date, though CURE will
contact the tribes again when the EA
and this proposed rule is published. If
issues are identified in the future,
section 6 of Executive Order 13175 and
Executive Order 13007 permits the park
to grant access to areas in CURE, which
are otherwise closed, to the public to
tribal members that may be affected by
any changes developed under the EA.
tkelley on DSK3SPTVN1PROD with PROPOSALS
Effects on the Energy Supply (Executive
Order 13211)
This rule is not a significant energy
action under the definition in Executive
Order 13211. A Statement of Energy
Effects is not required.
Clarity of This Rule
We are required by Executive Orders
12866 and 12988 and by the
Presidential Memorandum of June 1,
1998, to write all rules in plain
language. This means that each rule we
publish must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
(c) Use clear language rather than
jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in the ADDRESSES
section. To better help us revise the
rule, your comments should be as
specific as possible. For example, you
should tell us the numbers of the
sections or paragraphs that are unclearly
written, which sections or sentences are
too long, the sections where you feel
lists or tables would be useful, etc.
Public Participation
It is the policy of the Department of
the Interior, whenever practicable, to
afford the public an opportunity to
participate in the rulemaking process.
Accordingly, interested persons may
VerDate Mar<15>2010
16:30 May 08, 2013
Jkt 229001
submit written comments regarding this
proposed rule by one of the methods
listed in the ADDRESSES section.
Public Availability of Comments
Before including your address, phone
number, email 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.
List of Subjects in 36 CFR Part 7
National parks, Reporting and
recordkeeping requirements.
In consideration of the foregoing, the
National Park Service proposes to
amend 36 CFR Part 7 as follows:
PART 7—SPECIAL REGULATIONS,
AREAS OF THE NATIONAL PARK
SYSTEM
1. The authority for part 7 continues
to read as follows:
■
Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec.
7.96 also issued under 36 U.S.C. 501–511,
D.C. Code 10–137 (2001) and D.C. Code 50–
2201.07 (2001).
2. Amend § 7.51 by revising the
introductory text of paragraph (c),
revising paragraphs (c)(2) and (c)(3),
removing paragraph (d)(5), and adding
paragraphs (e) and (f).
The revisions and additions read as
follows:
■
§ 7.51
Curecanti Recreation Area.
*
*
*
*
*
(c) Snowmobiles. Snowmobiles are
permitted to operate within the
boundaries of Curecanti National
Recreation Area under the following
conditions:
*
*
*
*
*
(2) Designated water surface and
routes. Snowmobile use is confined to
the following water surface and routes:
(i) The frozen surface of Blue Mesa
Reservoir; and
(ii) Lake Fork Visitor Center access
point, McIntyre Gulch access point,
Sapinero Beach access point, Dillon
Pinnacles access point, Windsurf Beach
access point, Elk Creek Marina, Dry
Creek access point, North Willow access
point, Old Stevens access point, Iola
access point, Willow Creek access point,
and the most direct route from each of
these access points to the frozen surface
of Blue Mesa Reservoir.
(iii) The designated water surface and
routes are identified on maps available
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
at the office of the Superintendent, Elk
Creek Visitor Center, Lake Fork Visitor
Center, Cimarron Visitor Center, and on
the Recreation Area Web site.
(3) Snowmobile requirements.
Snowmobiles are limited to a maximum
of 1200 pounds gross vehicle weight
(GVW), including cargo.
*
*
*
*
*
(e) Off-road motor vehicle use. Motor
vehicles are permitted to operate within
the boundaries of Curecanti National
Recreation Area off park roads under the
following conditions:
(1) Designated areas and routes.
Motor vehicle use off park roads is
confined to the following areas and
routes:
(i) Via the access points and routes
listed in paragraph (c)(2)(ii) of this
section, directly to the frozen surface of
Blue Mesa Reservoir;
(ii) A maximum area of approximately
958 acres of the exposed lake bottom of
Blue Mesa Reservoir between the highwater mark and the water of the
reservoir; and
(iii) Posted access routes through the
park.
(iv) These areas and routes are
identified on Maps 6a and 6b, dated
January 1, 2011, which are available at
the office of the Superintendent, Elk
Creek Visitor Center, Lake Fork Visitor
Center, Cimarron Visitor Center, and on
the Recreation Area Web site.
(2) Vehicle requirements. Motor
vehicles operating off-road must meet
the following requirements:
(i) Maximum wheelbase width must
not exceed 8 feet, 6 inches.
(ii) Maximum gross vehicle weight for
motor vehicle use on the frozen surface
of Blue Mesa Reservoir is 1800 pounds
GVW. This restricts vehicle use on the
frozen surface to all-terrain and utility
task vehicles.
(3) Speed limits. Unless otherwise
posted, motor vehicles may not exceed
15 miles per hour on designated off-road
routes and areas.
(f) Superintendent’s authority. The
Superintendent may open or close
designated routes, water surfaces, access
points, or areas open to snowmobile,
PWC, or off-road motor vehicle use, or
portions thereof, or impose conditions
or restrictions for snowmobile, PWC, or
off-road motor vehicle use after taking
into consideration public health and
safety, natural and cultural resource
protection, and other management
activities and objectives.
(1) The Superintendent will provide
public notice of all such actions through
one or more of the methods listed in
§ 1.7 of this chapter.
(2) Violating a closure, condition or
restriction is prohibited.
E:\FR\FM\09MYP1.SGM
09MYP1
Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Proposed Rules
Dated: May 1, 2013.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2013–10979 Filed 5–8–13; 8:45 am]
BILLING CODE 4312–EJ–P
LIBRARY OF CONGRESS
U.S. Copyright Office
37 CFR Part 201
Verification of Statements of Account
Submitted by Cable Operators and
Satellite Carriers
U.S. Copyright Office, Library
of Congress.
ACTION: Notice of proposed rulemaking;
request for comments.
AGENCY:
On June 14, 2012, the United
States Copyright Office published a
notice of proposed rulemaking and
request for comments concerning a new
regulation that will allow copyright
owners to audit the Statements of
Account and royalty fees that cable
operators and satellite carriers deposit
with the Copyright Office for secondary
transmissions of broadcast programming
made pursuant to statutory licenses. The
Copyright Office has revised the
proposed regulation based on comments
that it received from copyright owners,
cable operators, and satellite carriers.
The Copyright Office seeks comments
on the revised proposal before it is
adopted as a final rule.
DATES: Comments on the revised
proposal must be received in the Office
of the General Counsel of the Copyright
Office no later than 5 p.m. Eastern
Daylight Time (EDT) on June 10, 2013.
Reply comments must be received in the
Office of the General Counsel no later
than 5 p.m. EDT on June 24, 2013.
ADDRESSES: The Copyright Office
strongly prefers that comments be
submitted electronically. A comment
submission page is posted on the
Copyright Office Web site at
www.copyright.gov/docs/soaaudit/
comments/submission/. The Web site
interface requires submitters to
complete a form specifying name and
other required information, and to
upload comments as an attachment. To
meet accessibility standards, all
comments must be uploaded in a single
file in either the Portable Document
Format (PDF) that contains searchable,
accessible text (not an image); Microsoft
Word; WordPerfect; Rich Text Format
(RTF); or ASCII text file format (not a
tkelley on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
16:30 May 08, 2013
Erik
Bertin, Attorney Advisor, Copyright GC/
I&R, P.O. Box 70400, Washington, DC
20024. Telephone: (202) 707–8380.
Telefax: (202) 707–8366.
FOR FURTHER INFORMATION CONTACT:
[Docket No. 2012–5]
VerDate Mar<15>2010
scanned document). The maximum file
size is 6 megabytes (MB). The name of
the submitter and organization should
appear on both the form and the face of
the comments. All comments will be
posted publicly on the Copyright Office
Web site exactly as they are received,
along with names and organizations if
provided. If electronic submission of
comments is not feasible, please contact
the Copyright Office at (202) 707–8380
for special instructions.
Jkt 229001
SUPPLEMENTARY INFORMATION:
I. Background
Sections 111 and 119 of the Copyright
Act (‘‘Act’’), title 17 of the United States
Code, allow cable operators and satellite
carriers to retransmit the performance or
display of works embodied in a primary
transmission made by a broadcast
station licensed by the Federal
Communications Commission. In order
to use the statutory licenses, cable
operators and satellite carriers are
required to file Statements of Account
and deposit royalty fees with the
Copyright Office (‘‘Office’’) on a semiannual basis. The Office invests these
royalties in United States Treasury
securities pending distribution of the
funds to copyright owners who are
entitled to receive a share of the
royalties.
In 2010, Congress enacted the
Satellite Television Extension and
Localism Act of 2010 (‘‘STELA’’), Public
Law 111–175 which, inter alia, directed
the Register of Copyrights to develop a
new procedure for verifying the
Statements of Account and royalty fees
that cable operators and satellite carriers
deposit with the Office. Specifically,
section 119(b)(2) directed the Register to
‘‘issue regulations to permit interested
parties to verify and audit the
statements of account and royalty fees
submitted by satellite carriers under
[that] subsection.’’ Similarly, section
111(d)(6) directed the Register to ‘‘issue
regulations to provide for the
confidential verification by copyright
owners whose works were embodied in
the secondary transmissions of primary
transmissions pursuant to [section 111]
of the information reported on the
semiannual statements of account filed
under this subsection for accounting
periods beginning on or after January 1,
2010, in order that the auditor
designated under subparagraph
[111(d)(6)(A)] is able to confirm the
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
27137
correctness of the calculations and
royalty payments reported therein.’’
On June 14, 2012, the Office
published a Notice of Proposed
Rulemaking and Request for Comments
on a regulation that would implement
sections 111(d)(6) and 119(b)(2) of the
Copyright Act. See 77 FR 35643, June
14, 2012. The proposed regulation was
based on similar regulations that the
Office developed for parties that make
ephemeral recordings or transmit digital
sound recordings under 17 U.S.C. 112(e)
and 114(f), respectively, or manufacture,
import, and distribute digital audio
recording devices under 17 U.S.C.
chapter 10. See id. at 35644. The Office
also considered a Petition for
Rulemaking, which offered proposals
from a group of copyright owners who
are the beneficiaries of the royalties paid
under the statutory licenses (‘‘Copyright
Owners’’).1
The Office received comments on the
proposed regulation from groups
representing copyright owners, cable
operators,2 and individual companies
that retransmit broadcast programming
under section 111 or 119 of the Act,
namely, AT&T, Inc., DIRECTV, LLC
(‘‘DTV’’), and DISH Network L.L.C.
(‘‘DISH’’). While the parties agreed on
the overall framework that the Office
proposed for the verification procedure,
they strongly disagreed on a number of
key issues, such as the procedures for
selecting an auditor, for expanding the
scope of the audit, and for allocating the
cost of the verification procedure.
On August 24, 2012 and again on
September 26, 2012, the National Cable
& Telecommunications Association
(‘‘NCTA’’), the Joint Sports Claimants,
and the Program Suppliers submitted a
joint motion to extend the deadline for
submitting reply comments.3 They
1 The petition was filed on behalf of Program
Suppliers (commercial entertainment
programming), Joint Sports Claimants (professional
and college sports programming), Commercial
Television Claimants (local commercial television
programming), Music Claimants (musical works
included in television programming), Public
Television Claimants (noncommercial television
programming), Canadian Claimants (Canadian
television programming), National Public Radio
(noncommercial radio programming), Broadcaster
Claimants Group (U.S. commercial television
stations), and Devotional Claimants (religious
television programming). A copy of the petition has
been posted on the Copyright Office Web site at
https://www.copyright.gov/docs/soaaudit/soa-auditpetition.pdf.
2 The National Cable & Telecommunications
Association (‘‘NCTA’’) and the American Cable
Association (‘‘ACA’’) filed comments on behalf of
cable operators.
3 The NCTA is a trade association that represents
cable operators. The Joint Sports Claimants
represent copyright owners that produce
professional and college sports programming. The
Program Suppliers represent copyright owners that
E:\FR\FM\09MYP1.SGM
Continued
09MYP1
]]>Agencies
[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Proposed Rules]
[Pages 27132-27137]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10979]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-CURE-10079; 122PPIMCURES1-PPMPSPD1Z.YM0000]
RIN 1024-AD76
Special Regulations of the National Park Service, Curecanti
National Recreation Area, Snowmobiles and Off-Road Motor Vehicles
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The National Park Service proposes to amend its special
regulations for Curecanti National Recreation Area, Colorado, to
designate routes, water surfaces, and areas where snowmobiles or motor
vehicles may be used off park roads. Unless authorized by special
regulation, the operation of snowmobiles and the operation of motor
vehicles off road within areas of the National Park System are
prohibited. The other existing special regulations for Curecanti
National Recreation Area would remain in effect.
DATES: Comments must be received by July 8, 2013.
ADDRESSES: You may submit comments, identified by the Regulation
Identifier Number (RIN) 1024-AD76, by any of the following methods:
Federal rulemaking portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail or hand delivery to: Curecanti National Recreation
Area, 102 Elk Creek, Gunnison, CO 81230, Attn: Ken Stahlnecker, Chief
of Resource Stewardship and Science.
Instructions: All submissions received must include the agency name
and RIN for this rulemaking. All comments received will be posted
without change to www.regulations.gov, including any personal
information provided. For additional information, see Public
Participation under SUPPLEMENTARY INFORMATION below.
FOR FURTHER INFORMATION CONTACT: Ken Stahlnecker, Chief of Resource
Stewardship and Science, Curecanti National Recreation Area, 102 Elk
Creek, Gunnison, CO 81230. Phone: (970) 641-2337x225. Email: ken_stahlnecker@nps.gov.
SUPPLEMENTARY INFORMATION:
Background
History of Curecanti National Recreation Area
The Blue Mesa Dam and Reservoir, Morrow Point Dam and Reservoir,
and Crystal Dam and Reservoir make up the Curecanti Unit, one of the
four main units authorized by the Colorado River Storage Project Act of
April 11, 1956 (Pub. L. 84-485) (CRSPA). The Curecanti Unit is also
known as the Wayne N. Aspinall Storage Unit.
Section 8 of CRSPA directed the Secretary of the Interior
(Secretary) ``to investigate, plan, construct, operate, and maintain
(1) public recreational facilities on lands withdrawn or acquired for
the development of [the Colorado River Storage Project] to conserve the
scenery, the natural, historic, and archeological objects, and the
wildlife on said lands, and to provide for public use and enjoyment of
the same and of the water areas created by these projects by such means
as are consistent with the primary purposes of said projects. . . .''
Pursuant to that provision, the National Park Service (NPS) began
managing natural and cultural resources and recreational uses within
Curecanti National Recreation Area (CURE) in 1965 under a Memorandum of
Agreement (MOA) with the Bureau of Reclamation. In 1978, Bureau of
Reclamation lands in the East Portal area were added to CURE and placed
under the management authority of the NPS pursuant to the MOA.
Description and Significance of Curecanti National Recreation Area
CURE is located in Gunnison and Montrose Counties in southwestern
Colorado. The reservoirs and the surrounding lands provide recreational
opportunities amidst a variety of natural, cultural, and scenic
resources, including recently discovered dinosaur fossils, a 5,000-acre
archeological district, and traces of 6,000-year-old dwellings.
Approximately one million people visit CURE annually to take advantage
of numerous recreational opportunities. Most visitors come during the
summer months when temperatures are warmer and water-based activities
are more popular.
The recreation area contains water resources, including three
reservoirs that provide a variety of recreational opportunities in a
spectacular geological setting. Blue Mesa Reservoir is one of the
largest high-altitude bodies of water in the United States. It provides
an exciting diversity of water recreation opportunities for
windsurfers, sail boaters, and water skiers.
Motor Vehicle and Snowmobile Use Off Road at Curecanti National
Recreation Area
Visitors to CURE use motor vehicles to access campsites, fishing
spots,
[[Page 27133]]
marinas, trailheads, and other destinations throughout the recreation
area, both on and off roads. Motor vehicle access is also an important
means for disabled or mobility impaired visitors to experience the
recreation area.
Motor vehicles have traditionally been used to access certain sites
within the recreation area, including areas below the high-water mark
(i.e., where the water line would be if the reservoir is at full
capacity) of Blue Mesa Reservoir (also known as Blue Mesa Lake). The
high-water mark is defined as the point at which the reservoir is at
maximum capacity (full pool), an elevation of 7,519 feet. NPS policy at
the recreation area has been to allow the operation of motor vehicles
between the high-water mark and the water surface of Blue Mesa
Reservoir for the purpose of fishing access and boat launching. In
addition, the NPS has designated several access roads that service
power lines as routes open for motor vehicle access. Access to areas
below the high-water mark is primarily from maintained roads. However,
routes off established roads also provide access for travel below the
high-water mark in a few areas. The most common motor vehicles that
access these areas are cars and trucks. During the winter months,
snowmobiles are often used to reach popular fishing locations on the
frozen surface of Blue Mesa Reservoir. Snowmobiles access the frozen
surface from designated access points.
Authority and Jurisdiction
1916 Organic Act
The NPS manages CURE under the NPS Organic Act of 1916 (Organic
Act) (16 U.S.C. 1 et seq.), which gives the NPS broad authority to
regulate the use of the park areas under its jurisdiction. The Organic
Act authorizes the Secretary to ``make and publish such rules and
regulations as he may deem necessary or proper for the use and
management of the parks.''
Resource Management
The purpose of the recreation area is to conserve its scenery,
natural and cultural resources, and wildlife, and to manage its lands,
waters, fish, wildlife, and recreational activities consistent with the
MOA, section 8 of CRSPA, and the Federal Water Project Recreation Act
(16 U.S.C 460(L)(12-21); Pub. L. 89-72; July 9, 1965 as amended).
Off-Road Motor Vehicle and Snowmobile Regulation
Executive Order 11644, Use of Off-Road Vehicles on the Public
Lands, issued in 1972 and amended by Executive Order 11989 in 1977,
required federal agencies to issue regulations designating specific
areas and routes on public lands where the use of off-road vehicles may
be used. NPS has implemented these Executive Orders in 36 CFR 2.18 and
4.10.
Under 36 CFR 4.10, the use of motor vehicles off established roads
is not permitted unless routes and areas are designated for off-road
motor vehicle use by a special regulation. Under 36 CFR 4.10(b), such
routes and areas ``may be designated only in national recreation areas,
national seashores, national lakeshores and national preserves.''
Similarly, under 36 CFR 2.18, the use of snowmobiles is not permitted
except on routes and water surfaces used by motor vehicles or
motorboats during other seasons; routes and water surfaces must be
designated for snowmobile use by special regulation.
The NPS is issuing this proposed rule to designate routes, water
surfaces, and areas where motor vehicles and snowmobiles may be used
off park roads, in compliance with 36 CFR 2.18 and 4.10 and Executive
Orders 11644 and 11989.
Motorized Vehicle Access Plan/Environmental Assessment
This proposed rule supports implementation of the preferred
alternative (Alternative C) for CURE described in the October 2010
Motor Vehicle Access Plan/Environmental Assessment (EA). The EA was
open for public review and comment from November 17, 2010 until January
15, 2011. CURE completed a Finding of No Significant Impact (FONSI) on
July 10, 2012, which chose the preferred alternative (Alternative C) as
the selected action. The EA and FONSI are available at https://parkplanning.nps.gov/cure by clicking the link entitled ``Motorized
Access Plan/Environmental Assessment'' and then clicking the link
entitled ``Document List.''
Under the selected action (the preferred alternative in the EA),
motor vehicle use will be allowed only on routes above the high water
mark and in areas below the high water mark of Blue Mesa Reservoir that
are designated as open. To better preserve traditional access on routes
above the high-water mark, the selected action will amend the 1997
General Management Plan to create a new Semi-Primitive/Motorized zone
within and along the designated routes. This zone will include access
routes to reservoir shoreline that have traditionally been used by the
public. Desired conditions for routes in the Semi-Primitive/Motorized
zone will be the same as those for the adjacent Semi-Primitive/Non-
Motorized zone, except public motor vehicles will be allowed. This will
result in a predominantly natural-appearing landscape with abundant
natural sights and sounds and a limited number of unpaved motorized
travel routes.
Visitor activities will be limited in the Semi-Primitive/Motorized
zone as no services or recreational facilities will be provided.
Encounters with other vehicles and visitors will be possible. This zone
will include the power line access road and associated spur routes to
the shoreline on the south side of Blue Mesa Reservoir, and certain
administrative routes. As a result, there will be approximately 24
miles of traditionally used routes open to public motor vehicle access.
The selected action includes approximately 4.9 miles of routes on
lands adjacent to CURE administered by the Bureau of Land Management
(BLM) and the U.S. Forest Service (USFS). These lands are identified
for future NPS management in the August 2008 Final Resource Protection
Study/Environmental Impact Statement (RPS/EIS), available at https://parkplanning.nps.gov/cure then clicking on the link entitled
``Curecanti Resource Protection Study'' and then clicking on the link
entitled ``Document List.'' These routes are currently open to public
motor vehicle use under BLM and USFS management plans and connect to
access routes within the boundary of CURE. Because the use of motor
vehicles on these routes was analyzed by the EA and included in the
FONSI, no future compliance under the National Environmental Policy Act
of 1969 (NEPA) would be required to designate these areas as open to
motor vehicles. However, the NPS cannot designate these routes as open
to motor vehicles until it gains administrative jurisdiction over the
lands where they are located, which requires Congressional action.
Congress is currently considering a bill that would transfer
administrative jurisdiction over these lands to the NPS. If this bill
is enacted into law prior to publication of the final rule, the NPS
would designate these routes as open to motor vehicles in the final
rule. Therefore, the NPS invites public comment on this proposed action
as part of this rule.
Below the high-water mark of Blue Mesa Reservoir, the NPS will
designate a maximum area of approximately 958 acres traditionally used
by the public as open to motor vehicle access. The actual number of
acres accessible by motor
[[Page 27134]]
vehicles at any particular time will depend upon the water level of the
reservoir. The remaining area (a maximum area of approximately 7280
acres) below the high-water mark, that has not traditionally been used
by motor vehicles due to access limitations caused by terrain or
reservoir levels, will not be open to vehicular use in order to protect
known and unknown resources, including cultural sites. Pedestrian
access will continue to be permitted in these areas, except when and
where resource closures may be in effect. The selected action retains
traditional access in the recreation area by keeping the most commonly
used routes and areas open to public motor vehicle access.
Under the selected action, three new snowmobile access points will
be designated in addition to the currently designated access points and
routes: one at the Lake Fork Visitor Center boat ramp; one on the
southeast shore of Iola Basin near Willow Creek; and one in the
McIntyre Gulch area. The selected action meets all objectives of the
EA, best retains traditional motor vehicle access, and provides the
highest level of protection for known and unknown cultural resources.
Proposed Rule
This proposed rule would amend the special regulations for CURE at
36 CFR 7.51 to implement the selected action in the FONSI (the
preferred alternative in the EA). The rule would designate frozen
recreation area water surfaces where snowmobiles may be used, designate
new access points, and designate routes from the access points to the
frozen surface of the Blue Mesa Reservoir. The rule would also
designate routes and areas where motor vehicles may be used off park
roads within the recreation area, and access routes at various
locations throughout the park. The rule does not address management of
snowmobiles on USFS lands identified for future NPS management in the
RPS/EIS.
Snowmobiles
Under this rule, section 7.51(c) would be amended to modify the
designated access routes and frozen water surface where snowmobiles may
be used. Snowmobiles would continue to be permitted to operate on
designated routes and areas within the boundaries of CURE provided
their use conforms to the regulations governing the use of snowmobiles
in 36 CFR 2.18 and applicable State laws. The rule would retain the
frozen surface of Blue Mesa Reservoir as a designated area for
snowmobile use and add specific designated access points and access
routes to the reservoir. Routes would be designated for travel by
snowmobiles from the access points to the frozen surface of Blue Mesa
Reservoir. These access routes would be limited to the most direct
route from the access points to the frozen surface. Traveling parallel
to the reservoir, before accessing the frozen surface, would be
prohibited. Routes may be marked where possible, but changing weather
conditions and terrain often make posting routes difficult. The rule
also would create three new snowmobile access points: one at the Lake
Fork Visitor Center boat ramp; one on the southeast shore of Iola Basin
near Willow Creek; and one near McIntyre Gulch. The new access points
would reduce environmental impacts by shortening the distance some
visitors travel over the frozen surface by snowmobile to fish. A map of
the water surfaces and routes open to snowmobile use and designated
access points would be available in the office of the Superintendent
and on the park Web site.
Snowmobile gross weight would continue to be limited to a maximum
of 1,200 pounds (machine and cargo). The snowmobile speed limit would
remain 45 mph (36 CFR 2.18(d)(4)).
Off Road Vehicles
Paragraph 7.51(e) would be added to designate routes and areas
where motor vehicles may be used off-road in the recreation area. Under
36 CFR 1.4, the term ``motor vehicle'' does not include snowmobiles. As
a result, paragraph 7.51(e) would not apply to snowmobiles. Under this
rule, the frozen surface of Blue Mesa Reservoir and a maximum area of
approximately 958 acres of the exposed bed of Blue Mesa Reservoir would
be designated areas for motor vehicle use. Approximately 24 miles of
off-road routes would be designated open to public motor vehicle use.
These routes would provide access to Blue Mesa Reservoir, other CURE
lands, and to adjacent public lands. A map of areas and routes open to
off-road motor vehicle use would be available in the office of the
Superintendent and on the park Web site.
The provisions of 36 CFR Part 4, including state law adopted by 36
CFR 4.1, apply within the recreation area. Unless posted otherwise, the
speed limit would be 15 mph for motor vehicles on all designated off-
road routes and areas. Speed limits are implemented for visitor safety
and to prohibit driving that may damage resources. The 45 mph speed
limit for snowmobiles is higher than the 15 mph speed limit for motor
vehicles, even though both would be allowed to travel on the frozen
surface of Blue Mesa Reservoir, because snowmobiles are more easily
controlled on snow and ice due to vehicle design and a lower center of
gravity. As a result, there are less safety and resource concerns with
driving snowmobiles in excess of 15 mph. Motor vehicle gross weight
would be limited to a maximum of 1,800 pounds (machine and cargo) on
the frozen surface of Blue Mesa Reservoir. This vehicle restriction is
intended to allow only lightweight all-terrain vehicles (ATV) or
utility task vehicles (UTV or sometimes referred to as a side-by-side)
onto the frozen surface.
To prevent impacts to areas outside of existing routes, a maximum 8
feet, 6 inches wheel width (track) requirement would be implemented for
motor vehicles on all designated routes. The NPS may also recommend,
but not require, four-wheel drive and/or high-clearance vehicles on
particular routes, based on visitor safety and route conditions.
Superintendent's Authority
Routes, water surface, areas, or access points designated for
snowmobile, personal watercraft, or off-road motor vehicle use would be
subject to year-round, seasonal, or temporary site-specific closures,
conditions, or restrictions with notice provided pursuant to 36 CFR
1.7. The Superintendent's authority in Sec. 7.51(d)(5), related to
personal watercraft use, would be removed because it would be redundant
with the Superintendent's authority in paragraph (f) of the proposed
rule.
Economic Analysis
An analysis of the potential costs and benefits of the rule can be
found in the report entitled ``Summary of Economic Analyses'' which is
available at https://parkplanning.nps.gov/cure then clicking the link
entitled ``Motorized Access Plan/Environmental Assessment'' and then
clicking the link entitled ``Document List.''
Compliance With Other Laws, Executive Orders and Department Policy
Use of Off-Road Vehicles on the Public Lands (Executive Orders 11644
and 11989)
Section 3(a)(4) of Executive Order 11644 provides that ORV
``[a]reas and trails shall be located in areas of the National Park
system, Natural Areas, or National Wildlife Refuges and Game Ranges
only if the respective agency head determines that off-road vehicle use
in such locations will not adversely
[[Page 27135]]
affect their natural, aesthetic, or scenic values.'' Since the
Executive Order clearly was not intended to prohibit all ORV use
everywhere in these units, the term ``adversely affect'' does not have
the same meaning as the somewhat similar terms ``adverse impact'' and
``adverse effect'' used in NEPA. In analyses under NEPA, a procedural
statute that provides for the study of environmental impacts, the term
``adverse effect'' includes minor or negligible effects. Section
3(a)(4) of the Executive Order, by contrast, concerns substantive
management decisions and must be read in the context of the authorities
applicable to such decisions. CURE is an area of the National Park
System. Therefore, NPS interprets the Executive Order term ``adversely
affect'' consistent with its NPS Management Policies 2006. Those
policies require that the NPS only allow ``appropriate use'' of parks
and avoid ``unacceptable impacts.''
This rule is consistent with those requirements. It will not impede
attainment of CURE's desired future conditions for natural and cultural
resources as identified in the EA. NPS has determined that this rule
will not unreasonably interfere with the atmosphere of peace and
tranquility or the natural soundscape maintained in natural locations
within CURE. Therefore, within the context of the resources and values
of CURE, motor vehicle use on the routes and areas designated by this
rule (which are also subject to resource closures and other species
management measures that would be implemented under the preferred
alternative in the EA) will not cause an unacceptable impact to the
natural, aesthetic, or scenic values of CURE.
Section 8(a) of the Executive Order requires agency heads to
monitor the effects of ORV use on lands under their jurisdictions. On
the basis of information gathered, agency heads shall from time to time
amend or rescind designations of areas or other actions as necessary to
further the policy of the Executive Order. The preferred alternative
(Alternative C) for the EA identifies monitoring and resource
protection procedures and periodic review to provide for the ongoing
and future evaluation of impacts of motor vehicle use on protected
resources. The park Superintendent has the existing authority under
both this final rule and 36 CFR 1.5 to close portions of CURE as needed
to protect park resources.
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) will review all significant rules. OIRA has
determined that this rule is not significant.
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. It 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. We have 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 regulatory flexibility
analysis found in the report entitled ``Summary of Economic Analyses''
which can be viewed on the park's planning Web site, https://parkplanning.nps.gov/cure, then clicking the link entitled ``Motorized
Access Plan/Environmental Assessment'' and then clicking the link
entitled ``Document List.''
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the SBREFA.
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. A statement
containing the information required by the UMRA (2 U.S.C. 1531 et seq.)
is not required.
Takings (Executive Order 12630)
Under the criteria in section 2 of Executive Order 12630, this rule
does not have significant takings implications. 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. This proposed
rule only affects use of NPS administered lands and waters. 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 (PRA)
This rule does not contain information collection requirements, and
a submission under the PRA is not required.
National Environmental Policy Act (NEPA)
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under NEPA is not required because we reached a FONSI. The EA and FONSI
are available at https://parkplanning.nps.gov/cure then clicking the
link entitled ``Motorized Access Plan/Environmental Assessment'' and
then clicking on 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-
[[Page 27136]]
governance and tribal sovereignty. We have evaluated this rule under
the Department's consultation policy and under the criteria in
Executive Order 13175 and have 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.
However, park staff consulted with representatives from the
Southern Ute Indian tribe, Uintah and Ouray Tribal Business Committee,
Ute tribe of the Uintah and Ouray Reservation, and the Ute Mountain Ute
tribe. The tribes have not commented or identified any concerns to
date, though CURE will contact the tribes again when the EA and this
proposed rule is published. If issues are identified in the future,
section 6 of Executive Order 13175 and Executive Order 13007 permits
the park to grant access to areas in CURE, which are otherwise closed,
to the public to tribal members that may be affected by any changes
developed under the EA.
Effects on the Energy Supply (Executive Order 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects is not
required.
Clarity of This Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that are unclearly written, which sections or sentences
are too long, the sections where you feel lists or tables would be
useful, etc.
Public Participation
It is the policy of the Department of the Interior, whenever
practicable, to afford the public an opportunity to participate in the
rulemaking process. Accordingly, interested persons may submit written
comments regarding this proposed rule by one of the methods listed in
the ADDRESSES section.
Public Availability of Comments
Before including your address, phone number, email 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.
List of Subjects in 36 CFR Part 7
National parks, Reporting and recordkeeping requirements.
In consideration of the foregoing, the National Park Service
proposes to amend 36 CFR Part 7 as follows:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
0
1. The authority for part 7 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec. 7.96 also issued
under 36 U.S.C. 501-511, D.C. Code 10-137 (2001) and D.C. Code 50-
2201.07 (2001).
0
2. Amend Sec. 7.51 by revising the introductory text of paragraph (c),
revising paragraphs (c)(2) and (c)(3), removing paragraph (d)(5), and
adding paragraphs (e) and (f).
The revisions and additions read as follows:
Sec. 7.51 Curecanti Recreation Area.
* * * * *
(c) Snowmobiles. Snowmobiles are permitted to operate within the
boundaries of Curecanti National Recreation Area under the following
conditions:
* * * * *
(2) Designated water surface and routes. Snowmobile use is confined
to the following water surface and routes:
(i) The frozen surface of Blue Mesa Reservoir; and
(ii) Lake Fork Visitor Center access point, McIntyre Gulch access
point, Sapinero Beach access point, Dillon Pinnacles access point,
Windsurf Beach access point, Elk Creek Marina, Dry Creek access point,
North Willow access point, Old Stevens access point, Iola access point,
Willow Creek access point, and the most direct route from each of these
access points to the frozen surface of Blue Mesa Reservoir.
(iii) The designated water surface and routes are identified on
maps available at the office of the Superintendent, Elk Creek Visitor
Center, Lake Fork Visitor Center, Cimarron Visitor Center, and on the
Recreation Area Web site.
(3) Snowmobile requirements. Snowmobiles are limited to a maximum
of 1200 pounds gross vehicle weight (GVW), including cargo.
* * * * *
(e) Off-road motor vehicle use. Motor vehicles are permitted to
operate within the boundaries of Curecanti National Recreation Area off
park roads under the following conditions:
(1) Designated areas and routes. Motor vehicle use off park roads
is confined to the following areas and routes:
(i) Via the access points and routes listed in paragraph (c)(2)(ii)
of this section, directly to the frozen surface of Blue Mesa Reservoir;
(ii) A maximum area of approximately 958 acres of the exposed lake
bottom of Blue Mesa Reservoir between the high-water mark and the water
of the reservoir; and
(iii) Posted access routes through the park.
(iv) These areas and routes are identified on Maps 6a and 6b, dated
January 1, 2011, which are available at the office of the
Superintendent, Elk Creek Visitor Center, Lake Fork Visitor Center,
Cimarron Visitor Center, and on the Recreation Area Web site.
(2) Vehicle requirements. Motor vehicles operating off-road must
meet the following requirements:
(i) Maximum wheelbase width must not exceed 8 feet, 6 inches.
(ii) Maximum gross vehicle weight for motor vehicle use on the
frozen surface of Blue Mesa Reservoir is 1800 pounds GVW. This
restricts vehicle use on the frozen surface to all-terrain and utility
task vehicles.
(3) Speed limits. Unless otherwise posted, motor vehicles may not
exceed 15 miles per hour on designated off-road routes and areas.
(f) Superintendent's authority. The Superintendent may open or
close designated routes, water surfaces, access points, or areas open
to snowmobile, PWC, or off-road motor vehicle use, or portions thereof,
or impose conditions or restrictions for snowmobile, PWC, or off-road
motor vehicle use after taking into consideration public health and
safety, natural and cultural resource protection, and other management
activities and objectives.
(1) The Superintendent will provide public notice of all such
actions through one or more of the methods listed in Sec. 1.7 of this
chapter.
(2) Violating a closure, condition or restriction is prohibited.
[[Page 27137]]
Dated: May 1, 2013.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2013-10979 Filed 5-8-13; 8:45 am]
BILLING CODE 4312-EJ-P
