Special Regulations; Areas of the National Park System, Cape Hatteras National Seashore-Off-Road Vehicle Management, 56550-56555 [2016-19844]
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Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Proposed Rules
(d) Effective/applicability date. This
section is applicable beginning January
1, 2017.
■ Par. 3. In § 300.2, paragraphs (b) and
(d) are revised to read as follows:
List of Subjects in 26 CFR Part 300
Reporting and recordkeeping
requirements, User fees.
Proposed Amendments to the
Regulations
§ 300.2 Restructuring or reinstatement of
installment agreement fee.
Accordingly, 26 CFR part 300 is
proposed to be amended as follows:
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PART 300—USER FEES
Paragraph 1. The authority citation
for part 300 continues to read as
follows:
■
Authority: 31 U.S.C. 9701.
Par. 2. In § 300.1, paragraphs (b) and
(d) are revised to read as follows:
■
§ 300.1
Installment agreement fee.
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(b) Fee. The fee for entering into an
installment agreement before January 1,
2017, is $120. The fee for entering into
an installment agreement on or after
January 1, 2017, is $225. A reduced fee
applies in the following situations:
(1) For installment agreements
entered into before January 1, 2017, the
fee is $52 when the taxpayer pays by
way of a direct debit from the taxpayer’s
bank account. The fee is $107 when the
taxpayer pays by way of a direct debit
from the taxpayer’s bank account for
installment agreements entered into on
or after January 1, 2017;
(2) For online payment agreements
entered into before January 1, 2017, the
fee is $120, except that the fee is $52
when the taxpayer pays by way of a
direct debit from the taxpayer’s bank
account. The fee is $149 for entering
into online payment agreements on or
after January 1, 2017, except that the fee
is $31 when the taxpayer pays by way
of a direct debit from the taxpayer’s
bank account; and
(3) Notwithstanding the type of
installment agreement and method of
payment, the fee is $43 if the taxpayer
is a low-income taxpayer, that is, an
individual who falls at or below 250
percent of the dollar criteria established
by the poverty guidelines updated
annually in the Federal Register by the
U.S. Department of Health and Human
Services under authority of section
673(2) of the Omnibus Budget
Reconciliation Act of 1981 (95 Stat. 357,
511), or such other measure that is
adopted by the Secretary, except that
the fee is $31 when the taxpayer pays
by way of a direct debit from the
taxpayer’s bank account with respect to
online payment agreements entered into
on or after January 1, 2017;
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(b) Fee. The fee for restructuring or
reinstating an installment agreement
before January 1, 2017, is $50. The fee
for restructuring or reinstating an
installment agreement on or after
January 1, 2017, is $89. If the taxpayer
is a low-income taxpayer, that is, an
individual who falls at or below 250
percent of the dollar criteria established
by the poverty guidelines updated
annually in the Federal Register by the
U.S. Department of Health and Human
Services under authority of section
673(2) of the Omnibus Budget
Reconciliation Act of 1981 (95 Stat. 357,
511), or such other measure that is
adopted by the Secretary, then the fee
for restructuring or reinstating an
installment agreement on or after
January 1, 2017 is $43.
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(d) Effective/applicability date. This
section is applicable beginning January
1, 2017.
John Dalrymple,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2016–19836 Filed 8–19–16; 8:45 am]
Background
BILLING CODE 4830–01–P
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS–SER–CAHA–21373; PPSECAHAS0,
PPMPSPD1Z.YM0000]
RIN 1024–AE33
Special Regulations; Areas of the
National Park System, Cape Hatteras
National Seashore—Off-Road Vehicle
Management
National Park Service, Interior.
Proposed rule.
AGENCY:
ACTION:
The National Park Service
(NPS) proposes to amend its special
regulation for off-road vehicle (ORV) use
at Cape Hatteras National Seashore,
North Carolina, to revise the times that
certain beaches open to ORV use in the
morning, extend the dates that certain
seasonal ORV routes are open in the fall
and spring, and modify the size and
location of vehicle-free areas.
SUMMARY:
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Consideration of changes to this
special regulation was required by
section 3057 of the National Defense
Authorization Act for Fiscal Year 2015.
The NPS also proposes to amend this
special regulation to allow the Cape
Hatteras National Seashore to issue ORV
permits that would be valid for different
lengths of time than currently exist, and
to replace an ORV route designation on
Ocracoke Island with a park road to
allow vehicle access and pedestrian use
of a soundside area without the
requirement for an ORV permit.
DATES: Comments must be received by
October 21, 2016.
ADDRESSES: You may submit comments,
identified by the Regulation Identifier
Number (RIN) 1024–AE33, by any of the
following methods:
• Electronically: Federal eRulemaking
Portal: https://www.regulations.gov.
Follow the instructions for submitting
comments.
• Hardcopy: Mail or hand-deliver to:
Superintendent, Cape Hatteras National
Seashore, 1401 National Park Drive,
Manteo, North Carolina 27954.
For additional information see Public
Participation under SUPPLEMENTARY
INFORMATION below.
FOR FURTHER INFORMATION CONTACT:
Superintendent, Cape Hatteras National
Seashore, 1401 National Park Drive,
Manteo, North Carolina 27954. Phone
252–475–9032.
SUPPLEMENTARY INFORMATION:
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Description of Cape Hatteras National
Seashore
Situated along the Outer Banks of
North Carolina, Cape Hatteras National
Seashore (Seashore or park) was
authorized by Congress in 1937 and
established in 1953 as the nation’s first
national seashore. Consisting of more
than thirty thousand acres distributed
along approximately 67 miles of
shoreline, the Seashore is part of a
dynamic barrier island system.
The Seashore contains important
wildlife habitat created by dynamic
environmental processes. Several
species listed under the Endangered
Species Act, including the piping
plover, rufa subspecies of the red knot,
and five species of sea turtles, are found
within the park. The Seashore also
serves as a popular recreation
destination where users participate in a
variety of activities.
Authority and Jurisdiction To
Promulgate Regulations
In the NPS Organic Act (54 U.S.C.
100101), Congress granted the NPS
broad authority to regulate the use of
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areas under its jurisdiction. The Organic
Act authorizes the Secretary of the
Interior (Secretary), acting through the
NPS, to ‘‘prescribe such regulations as
the Secretary considers necessary or
proper for the use and management of
[National Park] System units.’’ 54 U.S.C.
100751(a).
Off-Road Motor Vehicle Regulation
Executive Order 11644, Use of OffRoad Vehicles on the Public Lands, was
issued in 1972 in response to the
widespread and rapidly increasing offroad driving on public lands ‘‘often for
legitimate purposes but also in frequent
conflict with wise land and resource
management practices, environmental
values, and other types of recreational
activity.’’ Executive Order 11644 was
amended by Executive Order 11989 in
1977, and together they are jointly
referred to in this rule as the ‘‘E.O.’’ The
E.O. requires Federal agencies that
allow motorized vehicle use in off-road
areas to designate specific areas and
routes on public lands where the use of
motorized vehicles may be permitted.
The regulations must also require that
the designation of such areas and trails
shall be in accordance with the
following:
(1) Areas and trails shall be located to
minimize damage to soil, watershed,
vegetation, or other resources of the
public lands.
(2) Areas and trails shall be located to
minimize harassment of wildlife or
significant disruption of wildlife
habitats.
(3) Areas and trails shall be located to
minimize conflicts between off-road
vehicle use and other existing or
proposed recreational uses of the same
or neighboring public lands, and to
ensure the compatibility of such uses
with existing conditions in populated
areas, taking into account noise and
other factors.
(4) Areas and trails shall not be
located in officially designated
Wilderness Areas or Primitive Areas.
Areas 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 affect their natural, aesthetic,
or scenic values.
The NPS regulation at 36 CFR 4.10(b)
implements the E.O. and requires that
routes and areas designated for ORV use
be promulgated as special regulations
and that the designation of routes and
areas must comply with 36 CFR 1.5 and
E.O. 11644. It also states that ORV
routes and areas may be designated only
in national recreation areas, national
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seashores, national lakeshores, and
national preserves. This proposed rule
is consistent with these authorities and
with Section 8.2.3.1 (Motorized Off-road
Vehicle Use) of NPS Management
Policies 2006, available at: https://
www.nps.gov/policy/mp/policies.html.
Recent ORV Management at Cape
Hatteras National Seashore
In 2010, the NPS completed the OffRoad Vehicle Management Plan and
Environmental Impact Statement (ORV
FEIS) for ORV use at the Seashore to
guide the management and use of offroad vehicles at the Seashore. As a part
of the selected alternative, certain
elements of the ORV FEIS were
implemented through rulemaking. The
Final Rule for ORV management at the
Seashore was published in the Federal
Register on January 23, 2012 (77 FR
3123) (2012 Final Rule).
On December 19, 2014, the President
signed the National Defense
Authorization Act for Fiscal Year 2015
(2014 Act). Section 3057 of the 2014 Act
requires that the Secretary of the Interior
consider three specific changes to the
2012 Final Rule regarding:
• Morning opening times of beaches
that are closed to ORV use at night,
• Extending the dates for seasonal
ORV routes, and
• The size and location of vehicle-free
areas (VFAs).
On February 17, 2016, the NPS
published the Consideration of
Modifications to the Final Rule for OffRoad Vehicle Management
Environmental Assessment (EA). The
EA evaluated:
• The times that beach routes open to
ORV use in the mornings,
• Extending the dates that seasonal
ORV routes would be open in the fall
and spring, and
• Modifying the size and location of
VFAs.
The EA also considered:
• Issuing ORV permits for different
lengths of time,
• Revising some ORV route
designations, and
• Providing access improvements for
soundside locations on Ocracoke Island.
The EA, which contains a full
description of the purpose and need for
taking action, scoping, the alternatives
considered, maps and the
environmental impacts associated with
the project may be viewed on the NPS
planning Web site at https://
parkplanning.nps.gov/caha-orv-ea
under the ‘‘Document List’’ link. Public
comments on the EA were accepted
until March 18, 2016. The NPS
reviewed and considered the comments
received on the EA when drafting this
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proposed rule. After the comment
period closes on this proposed rule, the
NPS will review the comments received
on the proposed rule, complete the
NEPA process, and publish a final rule.
The Proposed Rule
This proposed rule, pursuant to
§ 4.10(b), would implement the NPS
preferred alternative (Alternative 2) in
the EA.
This proposed rule would amend the
special regulation for ORV use at the
Seashore as it relates to:
• The morning opening times of
beaches that are closed to ORV use at
night,
• The dates that seasonal ORV routes
are open in the fall and spring, and
• The size and location of VFAs.
The proposed rule would also allow
the Seashore to issue ORV permits that
would be valid for different lengths of
time than currently exist, and would
revise the status of some ORV routes to
allow vehicular access without
requiring an ORV permit. This proposed
rule also includes some changes made
for clarification, such as updating ramp
numbers to reflect current conditions.
Although the preferred alternative in the
EA proposed additional changes to
Seashore access, only those described
below require a modification to the
existing special regulation.
Beach Opening Times
As stated in the preferred alternative
in the EA, most ORV routes would
continue to open to ORV use at 7:00
a.m. Certain ‘‘priority’’ beach routes
could be opened to ORV use earlier than
7:00 a.m., though no earlier than 6:00
a.m. The NPS proposed this change so
that ORV users could access the more
popular beaches earlier than 7:00 a.m.
NPS resource staff would patrol these
‘‘priority’’ beaches before opening so
that park resources would be protected
even while earlier access is allowed.
The NPS is proposing to amend the
special regulation at 36 CFR 7.58(c)(12)
to state that the priority beaches would
open no earlier than 6:00 a.m. Instead of
establishing an opening time in the
special regulation, beach opening times
would be published annually in the
Superintendent’s Compendium. The
proposed rule also slightly edits some of
this language for clarity. Moving the
beach opening times from the regulation
to the Compendium would give the
Superintendent some flexibility based
on changing conditions at the Seashore
and the ability of park staff to patrol and
complete resource management
inventories on beaches before they are
opened to vehicle use.
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Dates for Use of Seasonal ORV Routes
The proposed rule would extend the
dates for ORV use of seasonally
designated routes in front of the villages
of Rodanthe, Waves, Salvo, Avon,
Frisco, and Hatteras and the Ocracoke
Campground by two weeks in the fall
and two weeks in the spring, making
these seasonal routes open to ORV use
from October 15 through April 14. This
extension is proposed in areas and at
times of the year which would not result
in measureable impacts to sensitive
wildlife, visitor experience, safety, or
workload complexity of park staff.
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Size and Location of VFAs
The proposed rule would modify the
size and location of VFAs and improve
access in some locations. Ramps 2.5 and
59.5 would not be constructed. Ramp 2
would be restored to ORV use,
extending the existing ORV route 0.5
miles to the north and providing ORV
access to the route from either ramp 4
or ramp 2. Ramp 59 would continue to
be open to ORV use, extending the
existing year-round ORV route
approximately 0.5 miles. The seasonal
ORV route at ramp 34 would be
extended 1 mile to the north and the
seasonal ORV route at ramp 23 would
be extended 1.5 miles to the south. The
NPS proposes making changes to these
particular VFAs because it would
slightly increase ORV access on each of
the islands without measurably
impacting visitor experience, safety,
sensitive wildlife species, or workload
complexity of park staff.
Permit Durations
The NPS is proposing to remove the
specific times established for the
duration of ORV permits from the
special regulation at § 7.58(c)(2)(iv), and
instead control the duration of the
permits through the Superintendent’s
Compendium. As described in the
preferred alternative in the EA, existing
annual ORV permits would change from
being valid for the calendar year of
issuance to being valid for one year from
the date of issuance. Also, the existing
7-day ORV permit would be replaced by
a 10-day ORV permit. Also, changing to
a 10-day ORV permit from a 7-day ORV
permit could allow many ORV users to
access the beaches over two weekends,
depending upon when they arrive at the
Seashore.
Any future substantive changes to the
duration of ORV permits would require
the appropriate NEPA compliance.
The NPS intends to continue to
recover the costs of administering the
ORV permit program under 54 U.S.C.
103104. This requirement will remain in
the proposed rule.
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Access Improvements—Ocracoke Island
The existing ORV route designation
along Devil Shoals Road (also referred to
as Dump Station Road) would be
removed. No ORV permit would be
required to access this location as it
would be designated a park road instead
of an ORV route. This is an existing dirt
road located across North Carolina State
Highway 12 from the Ocracoke
campground that has been maintained
as part of the park’s road network. This
road meets NPS road design standards
as a Class II connector road that
provides normal passenger vehicle
access to park areas of scenic and
recreational interest with a surface type
of dirt/gravel. The NPS proposed these
changes to allow for limited vehicular
soundside access on Ocracoke Island
without the requirement to purchase an
ORV permit. Unlike the other islands at
the Seashore, there is currently no
vehicular access to the soundside of
Ocracoke Island available without an
ORV permit.
Access Improvements—Hatteras Island
The NPS proposes to extend the
existing Cape Point bypass route south
of ramp 44 by 0.4 miles to the north so
that it would join with ramp 44. The
NPS is also proposing to extend the
existing bypass route by approximately
600 feet to the south. Although this
southern extension was not originally
part of the preferred alternative in the
EA, impacts associated with this
proposed 600-foot extension would be
similar in nature to those disclosed in
the EA for the 0.4-mile extension to the
north. As concluded in the EA, impacts
associated with the bypass route
extension would be negligible at most
and would have no impact to wetlands.
The NPS proposes extending this
existing bypass to provide additional
ORV access near Cape Point when the
ORV route along the beach is closed for
safety or resource protection.
Other Updates
Several changes to the language in the
existing rule are proposed for
clarification or to reflect existing
conditions. Ramp 25.5 is renamed
‘‘ramp 25’’; ramp 32.5 is renamed ‘‘ramp
32’’; ramp 47.5 is renamed ‘‘ramp 48’’;
the soundside ORV route at Little
Kinnakeet would be changed to begin
just west of the Kinnakeet lifesaving
structures; and additional details are
added to further clarify where existing
routes terminate (e.g. the routes adjacent
to ramps 63, 48, and 32 do not end
exactly at the ramp).
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Maps
The proposed changes to routes and
ramps are depicted on the maps in the
EA (pages 35—41) and are available for
review at https://parkplanning.nps.gov/
caha-orv-ea.
Compliance With Other Laws,
Executive Orders, and Department
Policy
Use of Off-Road Vehicles on the Public
Lands (Executive Order 11644)
As discussed previously, the E.O.
applies to ORV use on federal public
lands that is not authorized under a
valid lease, permit, contract, or license.
Section 3(4) of E.O. 11644 provides that
ORV ‘‘areas 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 affect their natural,
aesthetic, or scenic values.’’ Since the
E.O. 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’’ or ‘‘adverse effect’’ commonly
used in the National Environmental
Policy Act of 1969 (NEPA). Under
NEPA, a procedural statute that
provides for the study of environmental
impacts, the term ‘‘adverse effect’’ refers
to any effect, no matter how minor or
negligible.
Section 3(4) of the E.O., by contrast,
does not prescribe procedures or any
particular means of analysis. It concerns
substantive management decisions, and
must instead be read in the context of
the authorities applicable to such
decisions. The Seashore is an area of the
National Park System. Therefore, the
NPS interprets the E.O. term ‘‘adversely
affect’’ consistent with its NPS
Management Policies 2006. These
policies require the NPS to allow only
‘‘appropriate uses’’ of parks and to avoid
‘‘unacceptable impacts’’ to park
resources or values. The NPS has
evaluated this proposed rule and
confirmed that it would comply with
these policies.
Specifically, this rule would not
impede the attainment of the Seashore’s
desired future conditions for natural
and cultural resources as identified in
the ORV FEIS. The NPS has determined
this rule would not unreasonably
interfere with the atmosphere of peace
and tranquility, or the natural
soundscape maintained in natural
locations within the Seashore.
Therefore, within the context of the
E.O., ORV use on the ORV routes
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amended by this rule (which are also
subject to safety and resource closures
and other species management measures
that would be implemented under the
proposed rule) would not adversely
affect the natural, aesthetic, or scenic
values of the Seashore.
Section 8(a) of the E.O. requires NPS
to monitor the effects of the use of offroad vehicles on lands under its
jurisdiction. On the basis of the
information gathered, NPS shall from
time to time amend or rescind
designations of areas or other actions
taken pursuant to the E.O. as necessary
to further the policy of the E.O. The
existing ORV FEIS and Record of
Decision identify monitoring and
resource protection procedures, and
desired future conditions to provide for
the ongoing and future evaluation of
impacts of ORV use on protected
resources. The Park Superintendent
would have authority under this rule
and under 36 CFR 1.5 to close portions
of the Seashore as needed to protect
park resources and values, and public
health and safety.
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Regulatory Planning and Review
(Executive Orders 12866 and 13563)
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs in the Office of Management and
Budget (OMB) will review all significant
rules. The Office of Information and
Regulatory Affairs has determined that
this rule is not significant.
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the nation’s
regulatory system to promote
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
achieving regulatory ends. 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.
E.O. 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 information contained in a
report entitled, ‘‘Benefit-Cost and
Regulatory Flexibility Analyses: Special
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Regulations of Off-Road Motor Vehicles
at Cape Hatteras National Seashore’’,
available for public review at: https://
parkplanning.nps.gov/caha-orv-ea.
According to that report, no entities,
small or large, are directly regulated by
the proposed rule, which regulates
visitors’ use of ORVs. The courts have
held that the RFA requires an agency to
perform a regulatory flexibility analysis
of small entity impacts only when a rule
directly regulates them. Therefore,
agencies must assess the impacts on
directly regulated entities, but are not
required to analyze in a regulatory
flexibility analysis the indirect effects
from rules on small entities.
Small Business Regulatory Enforcement
Fairness Act (SBREFA)
This rule is not a major rule under 5
U.S.C. 804(2) of 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. The
designated ORV routes are located
entirely within the Seashore, and will
not result in direct expenditure by State,
local, or tribal governments. This rule
addresses public use of NPS lands, and
imposes no requirements on other
agencies or governments. Therefore, a
statement containing the information
required by the UMRA (2 U.S.C. 1531 et
seq.) is not required.
Takings (Executive Order 12630)
This rule does not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630. Access to private property
located within or adjacent to the
Seashore will not be affected, and this
rule does not regulate uses of private
property. Therefore, a takings
implication assessment is not required.
Federalism (Executive Order 13132)
Under the criteria in section 1 of
Executive Order 13132, this rule does
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56553
not have sufficient federalism
implications to warrant the preparation
of a federalism summary impact
statement. This rule only affects use of
NPS-administered lands and imposes no
requirements on other agencies or
governments. 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.
Consultation With Indian Tribes
(Executive Order 13175 and Department
Policy)
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 selfgovernance and tribal sovereignty. We
have evaluated this rule under the
criteria in Executive Order 13175 and
under the Department’s tribal
consultation policy and have
determined that tribal consultation is
not required because the rule will have
no substantial direct effect on federally
recognized Indian tribes.
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.)
This rule does not contain any new
collection of information that requires
approval by Office of Management and
Budget (OMB) under the PRA of 1995.
OMB has approved the information
collection requirements associated with
NPS Special Park Use Permits and has
assigned OMB Control Number 1024–
0026 (expires 08/31/2016). An agency
may not conduct or sponsor and a
person is not required to respond to a
collection of information unless it
displays a currently valid OMB control
number.
National Environmental Policy Act
(NEPA)
In accordance with NEPA, the NPS
prepared an Environmental Assessment
(EA), which was released for public
comment on February 17, 2016, for 30
days. A full description of the
alternatives that were considered, the
environmental impacts associated with
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Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Proposed Rules
the project, public involvement, and
other supporting documentation, can be
found online at https://
parkplanning.nps.gov/caha-orv-ea. The
NPS considered public comments made
on the EA in drafting this proposed rule.
The NPS will evaluate substantive
comments received on the proposed
rule when developing the decision and
the Final Rule.
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
All submissions received must
include the agency name and Regulatory
Identifier Number (RIN) for this
rulemaking, 1024–AE33. All comments
received through the Federal
eRulemaking portal at https://
www.regulations.gov will be available
without change. 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, we cannot guarantee that
we will be able to do so. To view
comments received through the Federal
eRulemaking portal, go to https://
www.regulations.gov and enter 1024–
AE33 in the search box.
Comments submitted through https://
www.regulations.gov or submitted by
mail must be entered or postmarked
before midnight (Eastern Daylight Time)
October 21, 2016 Comments submitted
by hand delivery must be received by
the close of business hours (5 p.m.
Eastern Daylight Time) October 21,
2016.
Comments will not be accepted by
fax, email, or in any way other than
those specified above, and bulk
comments in any format (hard copy or
electronic) submitted on behalf of others
will not be accepted. If you commented
on the EA, your comments have already
been considered in drafting the
proposed rule. Comments should focus
on this proposed rule; comments that
relate solely to the EA will be untimely
and will not be considered.
Drafting Information
The primary authors of this regulation
were Russel J. Wilson, Chief
Regulations, Jurisdiction and Special
Park Uses, National Park Service; and,
A.J. North, Regulations Coordinator,
National Park Service.
List of Subjects in 36 CFR Part 7
District of Columbia, National Parks,
Reporting and recordkeeping
requirements.
In consideration of the foregoing, the
National Park Service proposes to
amend 36 CFR part 7 as follows:
PART 7—SPECIAL REGULATIONS,
AREAS OF THE NATIONAL PARK
SYSTEM
1. The authority citation for part 7
continues to read as follows:
■
Authority: 54 U.S.C. 100101, 100751,
320102; Sec. 7.96 also issued under DC Code
10–137 and DC Code 50–2201.07.
2. In § 7.58, revise paragraphs
(c)(2)(iv), (c)(9) and (c)(12)(i) to read as
follows:
■
§ 7.58
Cape Hatteras National Seashore.
*
*
*
*
*
(c) * * *
(2) * * *
(iv) ORV permits are valid for the
dates specified on the permit. The
public will be notified of any proposed
changes to ORV permit durations
through one or more of the methods
listed in § 1.7(a) of this chapter.
*
*
*
*
*
(9) ORV routes. The following tables
indicate designated ORV routes. The
following ramps are designated for offroad use to provide access to ocean
beaches: 2, 4, 23, 25, 27, 30, 32, 34, 38,
43, 44, 48, 49, 55, 59, 63, 67, 68, 70, and
72. Designated ORV routes and ramps
are subject to resource, safety, seasonal,
and other closures implemented under
§ 7.58(c)(10).
(i) Soundside ORV access ramps are
described in the table below. For a
village beach to be open to ORV use
during the winter season, it must be at
least 20 meters (66 feet) wide from the
toe of the dune seaward to mean high
tide line.
(ii) Maps showing designated routes
and ramps are available in the Office of
the Superintendent and on the Seashore
Web site.
Bodie Island—Designated Routes
Year Round .....................................
Seasonal: Open September 15
through March 14.
Ramp 2 to 0.2 miles south of ramp 4.
0.2 miles south of ramp 4 to the eastern confluence of the Atlantic Ocean and Oregon Inlet.
Hatteras Island—Designated Routes
Lhorne on DSK30JT082PROD with PROPOSALS
Year Round .....................................
VerDate Sep<11>2014
15:13 Aug 19, 2016
1.5 miles south of ramp 23 to ramp 27.
Ramp 30 to approximately 0.3 miles south of ramp 32.
The following soundside ORV access routes from NC Highway 12 to Pamlico Sound between the villages
of Salvo and Avon: Soundside ramps 46, 48, 52, 53, 54. The soundside ORV access at Little Kinnakeet
would start just to the west of the Kinnakeet lifesaving structures and would continue to the sound.
Ramp 38 to 1.5 miles south of ramp 38.
The following soundside ORV access routes from NC Highway 12 to Pamlico Sound between the villages
of Avon and Buxton: Soundside ramps 57, 58, 59, and 60.
0.4 miles north of ramp 43 to Cape Point to 0.3 miles west of ‘‘the hook.’’
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Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Proposed Rules
Seasonal: Open to ORV use October 15 through April 14.
56555
Bypass which extends due south from the opening at ramp 44, running continuously behind the dunes until
the bypass connects with the beach.
Interdunal route (‘‘Inside Road’’) from intersection with Lighthouse Road (i.e. ramp 44) to ramp 49, with
one spur route from the interdunal route to ramp 48.
Just east of Ramp 48 to east Frisco boundary.
A soundside ORV access route from Museum Drive to Pamlico Sound near Coast Guard Station Hatteras
Inlet.
Pole Road from Museum Drive to Spur Road to Pamlico Sound, with one spur route, commonly known as
Cable Crossing, to Pamlico Sound and four spur routes to the ORV route below.
Ramp 55 southwest along the ocean beach for 1.6 miles, ending at the intersection with the route commonly known as Bone Road.
0.1 mile south of Rodanthe Pier to 1.5 mile south of ramp 23.
1.0 mile north of ramp 34 to ramp 38 (Avon).
East Frisco boundary to west Frisco boundary (Frisco village beach).
East Hatteras boundary to ramp 55 (Hatteras village beach).
Ocracoke Island—Designated Routes
Year Round .....................................
Seasonal: October 15 through April
14.
Seasonal: September 15 through
March 14.
Ramp 59 to just southwest of ramp 63.
Routes from NC Highway 12 to Pamlico Sound located north of the Pony Pens, commonly known as
Prong Road, Barrow Pit Road, and Scrag Cedar Road.
1.0 mile northeast of ramp 67 to 0.5 mile northeast of ramp 68.
0.4 miles northeast of ramp 70 to Ocracoke inlet.
From ramp 72 to a pedestrian trail to Pamlico Sound, commonly known as Shirley’s Lane.
0.5 mile northeast of ramp 68 to ramp 68 (Ocracoke Campground area).
A route 0.6 mile south of ramp 72 from the beach route to a pedestrian trail to Pamlico Sound.
A route at the north end of South Point spit from the beach route to Pamlico Sound.
*
*
*
*
*
(12) Night-Driving Restrictions/Hours
of ORV Operation.
(i) Hours of operation and nightdriving restrictions are listed in the
following table:
Hours Of Operation/Night Driving Restrictions
November 16–April 30 ....................
May 1–September 14 .....................
September 15–November 15 ..........
*
*
*
*
All designated ORV routes are open 24 hours a day.
Designated ORV routes in sea turtle nesting habitat (ocean intertidal zone, ocean backshore, dunes) are
closed at 9 p.m. and open no earlier than 6:00 a.m. The Seashore will publish exact opening times on
an annual basis.
Designated ORV routes in sea turtle nesting habitat (ocean intertidal zone, ocean backshore, dunes) are
closed at 9 p.m. and open no earlier than 6:00 a.m., but the Superintendent may open designated ORV
routes, or portions of the routes, 24 hours a day if no turtle nests remain. The Seashore will publish
exact opening times on an annual basis.
*
[FR Doc. 2016–19844 Filed 8–19–16; 8:45 am]
BILLING CODE 4310–EJ–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Lhorne on DSK30JT082PROD with PROPOSALS
[EPA–R03–OAR–2015–0642; FRL–9950–90–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Minor New Source Review
Requirements
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
VerDate Sep<11>2014
15:13 Aug 19, 2016
The Environmental Protection
Agency (EPA) proposes to approve the
state implementation plan (SIP) revision
submitted by the Commonwealth of
Virginia on July 15, 2013 pertaining to
preconstruction permitting
requirements under Virginia’s minor
New Source Review (NSR) program. In
the Rules and Regulations section of this
Federal Register, EPA is approving the
State’s SIP submittal as a direct final
rule without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. Additionally, a more detailed
description of the state submittal and
EPA’s evaluation is included in a
technical support document (TSD)
prepared in support of this rulemaking
action. A copy of the TSD is available,
upon request, from the EPA Regional
Office listed in the ADDRESSES section of
this document or is also available
SUMMARY:
Dated: August 4, 2016.
Michael Bean,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
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electronically within the Docket for this
rulemaking action at
www.regulations.gov. If no adverse
comments are received in response to
this action, no further activity is
contemplated. If EPA receives adverse
comments, the direct final rule will be
withdrawn and all public comments
received will be addressed in a
subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period. Any parties
interested in commenting on this action
should do so at this time.
DATES: Comments must be received in
writing by September 21, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2015–0642 at https://
www.regulations.gov, or via email to
campbell.dave@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
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]]>Agencies
[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Proposed Rules]
[Pages 56550-56555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19844]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-SER-CAHA-21373; PPSECAHAS0, PPMPSPD1Z.YM0000]
RIN 1024-AE33
Special Regulations; Areas of the National Park System, Cape
Hatteras National Seashore--Off-Road Vehicle Management
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The National Park Service (NPS) proposes to amend its special
regulation for off-road vehicle (ORV) use at Cape Hatteras National
Seashore, North Carolina, to revise the times that certain beaches open
to ORV use in the morning, extend the dates that certain seasonal ORV
routes are open in the fall and spring, and modify the size and
location of vehicle-free areas.
Consideration of changes to this special regulation was required by
section 3057 of the National Defense Authorization Act for Fiscal Year
2015.
The NPS also proposes to amend this special regulation to allow the
Cape Hatteras National Seashore to issue ORV permits that would be
valid for different lengths of time than currently exist, and to
replace an ORV route designation on Ocracoke Island with a park road to
allow vehicle access and pedestrian use of a soundside area without the
requirement for an ORV permit.
DATES: Comments must be received by October 21, 2016.
ADDRESSES: You may submit comments, identified by the Regulation
Identifier Number (RIN) 1024-AE33, by any of the following methods:
Electronically: Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments.
Hardcopy: Mail or hand-deliver to: Superintendent, Cape
Hatteras National Seashore, 1401 National Park Drive, Manteo, North
Carolina 27954.
For additional information see Public Participation under
SUPPLEMENTARY INFORMATION below.
FOR FURTHER INFORMATION CONTACT: Superintendent, Cape Hatteras National
Seashore, 1401 National Park Drive, Manteo, North Carolina 27954. Phone
252-475-9032.
SUPPLEMENTARY INFORMATION:
Background
Description of Cape Hatteras National Seashore
Situated along the Outer Banks of North Carolina, Cape Hatteras
National Seashore (Seashore or park) was authorized by Congress in 1937
and established in 1953 as the nation's first national seashore.
Consisting of more than thirty thousand acres distributed along
approximately 67 miles of shoreline, the Seashore is part of a dynamic
barrier island system.
The Seashore contains important wildlife habitat created by dynamic
environmental processes. Several species listed under the Endangered
Species Act, including the piping plover, rufa subspecies of the red
knot, and five species of sea turtles, are found within the park. The
Seashore also serves as a popular recreation destination where users
participate in a variety of activities.
Authority and Jurisdiction To Promulgate Regulations
In the NPS Organic Act (54 U.S.C. 100101), Congress granted the NPS
broad authority to regulate the use of
[[Page 56551]]
areas under its jurisdiction. The Organic Act authorizes the Secretary
of the Interior (Secretary), acting through the NPS, to ``prescribe
such regulations as the Secretary considers necessary or proper for the
use and management of [National Park] System units.'' 54 U.S.C.
100751(a).
Off-Road Motor Vehicle Regulation
Executive Order 11644, Use of Off-Road Vehicles on the Public
Lands, was issued in 1972 in response to the widespread and rapidly
increasing off-road driving on public lands ``often for legitimate
purposes but also in frequent conflict with wise land and resource
management practices, environmental values, and other types of
recreational activity.'' Executive Order 11644 was amended by Executive
Order 11989 in 1977, and together they are jointly referred to in this
rule as the ``E.O.'' The E.O. requires Federal agencies that allow
motorized vehicle use in off-road areas to designate specific areas and
routes on public lands where the use of motorized vehicles may be
permitted. The regulations must also require that the designation of
such areas and trails shall be in accordance with the following:
(1) Areas and trails shall be located to minimize damage to soil,
watershed, vegetation, or other resources of the public lands.
(2) Areas and trails shall be located to minimize harassment of
wildlife or significant disruption of wildlife habitats.
(3) Areas and trails shall be located to minimize conflicts between
off-road vehicle use and other existing or proposed recreational uses
of the same or neighboring public lands, and to ensure the
compatibility of such uses with existing conditions in populated areas,
taking into account noise and other factors.
(4) Areas and trails shall not be located in officially designated
Wilderness Areas or Primitive Areas. Areas 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 affect their natural, aesthetic, or scenic values.
The NPS regulation at 36 CFR 4.10(b) implements the E.O. and
requires that routes and areas designated for ORV use be promulgated as
special regulations and that the designation of routes and areas must
comply with 36 CFR 1.5 and E.O. 11644. It also states that ORV routes
and areas may be designated only in national recreation areas, national
seashores, national lakeshores, and national preserves. This proposed
rule is consistent with these authorities and with Section 8.2.3.1
(Motorized Off-road Vehicle Use) of NPS Management Policies 2006,
available at: https://www.nps.gov/policy/mp/policies.html.
Recent ORV Management at Cape Hatteras National Seashore
In 2010, the NPS completed the Off-Road Vehicle Management Plan and
Environmental Impact Statement (ORV FEIS) for ORV use at the Seashore
to guide the management and use of off-road vehicles at the Seashore.
As a part of the selected alternative, certain elements of the ORV FEIS
were implemented through rulemaking. The Final Rule for ORV management
at the Seashore was published in the Federal Register on January 23,
2012 (77 FR 3123) (2012 Final Rule).
On December 19, 2014, the President signed the National Defense
Authorization Act for Fiscal Year 2015 (2014 Act). Section 3057 of the
2014 Act requires that the Secretary of the Interior consider three
specific changes to the 2012 Final Rule regarding:
Morning opening times of beaches that are closed to ORV
use at night,
Extending the dates for seasonal ORV routes, and
The size and location of vehicle-free areas (VFAs).
On February 17, 2016, the NPS published the Consideration of
Modifications to the Final Rule for Off-Road Vehicle Management
Environmental Assessment (EA). The EA evaluated:
The times that beach routes open to ORV use in the
mornings,
Extending the dates that seasonal ORV routes would be open
in the fall and spring, and
Modifying the size and location of VFAs.
The EA also considered:
Issuing ORV permits for different lengths of time,
Revising some ORV route designations, and
Providing access improvements for soundside locations on
Ocracoke Island.
The EA, which contains a full description of the purpose and need
for taking action, scoping, the alternatives considered, maps and the
environmental impacts associated with the project may be viewed on the
NPS planning Web site at https://parkplanning.nps.gov/caha-orv-ea under
the ``Document List'' link. Public comments on the EA were accepted
until March 18, 2016. The NPS reviewed and considered the comments
received on the EA when drafting this proposed rule. After the comment
period closes on this proposed rule, the NPS will review the comments
received on the proposed rule, complete the NEPA process, and publish a
final rule.
The Proposed Rule
This proposed rule, pursuant to Sec. 4.10(b), would implement the
NPS preferred alternative (Alternative 2) in the EA.
This proposed rule would amend the special regulation for ORV use
at the Seashore as it relates to:
The morning opening times of beaches that are closed to
ORV use at night,
The dates that seasonal ORV routes are open in the fall
and spring, and
The size and location of VFAs.
The proposed rule would also allow the Seashore to issue ORV
permits that would be valid for different lengths of time than
currently exist, and would revise the status of some ORV routes to
allow vehicular access without requiring an ORV permit. This proposed
rule also includes some changes made for clarification, such as
updating ramp numbers to reflect current conditions. Although the
preferred alternative in the EA proposed additional changes to Seashore
access, only those described below require a modification to the
existing special regulation.
Beach Opening Times
As stated in the preferred alternative in the EA, most ORV routes
would continue to open to ORV use at 7:00 a.m. Certain ``priority''
beach routes could be opened to ORV use earlier than 7:00 a.m., though
no earlier than 6:00 a.m. The NPS proposed this change so that ORV
users could access the more popular beaches earlier than 7:00 a.m. NPS
resource staff would patrol these ``priority'' beaches before opening
so that park resources would be protected even while earlier access is
allowed. The NPS is proposing to amend the special regulation at 36 CFR
7.58(c)(12) to state that the priority beaches would open no earlier
than 6:00 a.m. Instead of establishing an opening time in the special
regulation, beach opening times would be published annually in the
Superintendent's Compendium. The proposed rule also slightly edits some
of this language for clarity. Moving the beach opening times from the
regulation to the Compendium would give the Superintendent some
flexibility based on changing conditions at the Seashore and the
ability of park staff to patrol and complete resource management
inventories on beaches before they are opened to vehicle use.
[[Page 56552]]
Dates for Use of Seasonal ORV Routes
The proposed rule would extend the dates for ORV use of seasonally
designated routes in front of the villages of Rodanthe, Waves, Salvo,
Avon, Frisco, and Hatteras and the Ocracoke Campground by two weeks in
the fall and two weeks in the spring, making these seasonal routes open
to ORV use from October 15 through April 14. This extension is proposed
in areas and at times of the year which would not result in measureable
impacts to sensitive wildlife, visitor experience, safety, or workload
complexity of park staff.
Size and Location of VFAs
The proposed rule would modify the size and location of VFAs and
improve access in some locations. Ramps 2.5 and 59.5 would not be
constructed. Ramp 2 would be restored to ORV use, extending the
existing ORV route 0.5 miles to the north and providing ORV access to
the route from either ramp 4 or ramp 2. Ramp 59 would continue to be
open to ORV use, extending the existing year-round ORV route
approximately 0.5 miles. The seasonal ORV route at ramp 34 would be
extended 1 mile to the north and the seasonal ORV route at ramp 23
would be extended 1.5 miles to the south. The NPS proposes making
changes to these particular VFAs because it would slightly increase ORV
access on each of the islands without measurably impacting visitor
experience, safety, sensitive wildlife species, or workload complexity
of park staff.
Permit Durations
The NPS is proposing to remove the specific times established for
the duration of ORV permits from the special regulation at Sec.
7.58(c)(2)(iv), and instead control the duration of the permits through
the Superintendent's Compendium. As described in the preferred
alternative in the EA, existing annual ORV permits would change from
being valid for the calendar year of issuance to being valid for one
year from the date of issuance. Also, the existing 7-day ORV permit
would be replaced by a 10-day ORV permit. Also, changing to a 10-day
ORV permit from a 7-day ORV permit could allow many ORV users to access
the beaches over two weekends, depending upon when they arrive at the
Seashore.
Any future substantive changes to the duration of ORV permits would
require the appropriate NEPA compliance.
The NPS intends to continue to recover the costs of administering
the ORV permit program under 54 U.S.C. 103104. This requirement will
remain in the proposed rule.
Access Improvements--Ocracoke Island
The existing ORV route designation along Devil Shoals Road (also
referred to as Dump Station Road) would be removed. No ORV permit would
be required to access this location as it would be designated a park
road instead of an ORV route. This is an existing dirt road located
across North Carolina State Highway 12 from the Ocracoke campground
that has been maintained as part of the park's road network. This road
meets NPS road design standards as a Class II connector road that
provides normal passenger vehicle access to park areas of scenic and
recreational interest with a surface type of dirt/gravel. The NPS
proposed these changes to allow for limited vehicular soundside access
on Ocracoke Island without the requirement to purchase an ORV permit.
Unlike the other islands at the Seashore, there is currently no
vehicular access to the soundside of Ocracoke Island available without
an ORV permit.
Access Improvements--Hatteras Island
The NPS proposes to extend the existing Cape Point bypass route
south of ramp 44 by 0.4 miles to the north so that it would join with
ramp 44. The NPS is also proposing to extend the existing bypass route
by approximately 600 feet to the south. Although this southern
extension was not originally part of the preferred alternative in the
EA, impacts associated with this proposed 600-foot extension would be
similar in nature to those disclosed in the EA for the 0.4-mile
extension to the north. As concluded in the EA, impacts associated with
the bypass route extension would be negligible at most and would have
no impact to wetlands. The NPS proposes extending this existing bypass
to provide additional ORV access near Cape Point when the ORV route
along the beach is closed for safety or resource protection.
Other Updates
Several changes to the language in the existing rule are proposed
for clarification or to reflect existing conditions. Ramp 25.5 is
renamed ``ramp 25''; ramp 32.5 is renamed ``ramp 32''; ramp 47.5 is
renamed ``ramp 48''; the soundside ORV route at Little Kinnakeet would
be changed to begin just west of the Kinnakeet lifesaving structures;
and additional details are added to further clarify where existing
routes terminate (e.g. the routes adjacent to ramps 63, 48, and 32 do
not end exactly at the ramp).
Maps
The proposed changes to routes and ramps are depicted on the maps
in the EA (pages 35--41) and are available for review at https://parkplanning.nps.gov/caha-orv-ea.
Compliance With Other Laws, Executive Orders, and Department Policy
Use of Off-Road Vehicles on the Public Lands (Executive Order 11644)
As discussed previously, the E.O. applies to ORV use on federal
public lands that is not authorized under a valid lease, permit,
contract, or license. Section 3(4) of E.O. 11644 provides that ORV
``areas 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 affect their natural, aesthetic,
or scenic values.'' Since the E.O. 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'' or ``adverse effect'' commonly used in the National
Environmental Policy Act of 1969 (NEPA). Under NEPA, a procedural
statute that provides for the study of environmental impacts, the term
``adverse effect'' refers to any effect, no matter how minor or
negligible.
Section 3(4) of the E.O., by contrast, does not prescribe
procedures or any particular means of analysis. It concerns substantive
management decisions, and must instead be read in the context of the
authorities applicable to such decisions. The Seashore is an area of
the National Park System. Therefore, the NPS interprets the E.O. term
``adversely affect'' consistent with its NPS Management Policies 2006.
These policies require the NPS to allow only ``appropriate uses'' of
parks and to avoid ``unacceptable impacts'' to park resources or
values. The NPS has evaluated this proposed rule and confirmed that it
would comply with these policies.
Specifically, this rule would not impede the attainment of the
Seashore's desired future conditions for natural and cultural resources
as identified in the ORV FEIS. The NPS has determined this rule would
not unreasonably interfere with the atmosphere of peace and
tranquility, or the natural soundscape maintained in natural locations
within the Seashore. Therefore, within the context of the E.O., ORV use
on the ORV routes
[[Page 56553]]
amended by this rule (which are also subject to safety and resource
closures and other species management measures that would be
implemented under the proposed rule) would not adversely affect the
natural, aesthetic, or scenic values of the Seashore.
Section 8(a) of the E.O. requires NPS to monitor the effects of the
use of off-road vehicles on lands under its jurisdiction. On the basis
of the information gathered, NPS shall from time to time amend or
rescind designations of areas or other actions taken pursuant to the
E.O. as necessary to further the policy of the E.O. The existing ORV
FEIS and Record of Decision identify monitoring and resource protection
procedures, and desired future conditions to provide for the ongoing
and future evaluation of impacts of ORV use on protected resources. The
Park Superintendent would have authority under this rule and under 36
CFR 1.5 to close portions of the Seashore as needed to protect park
resources and values, and public health and safety.
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget (OMB) will
review all significant rules. The Office of Information and Regulatory
Affairs has determined that this rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
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. E.O. 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 information contained in a report
entitled, ``Benefit-Cost and Regulatory Flexibility Analyses: Special
Regulations of Off-Road Motor Vehicles at Cape Hatteras National
Seashore'', available for public review at: https://parkplanning.nps.gov/caha-orv-ea. According to that report, no
entities, small or large, are directly regulated by the proposed rule,
which regulates visitors' use of ORVs. The courts have held that the
RFA requires an agency to perform a regulatory flexibility analysis of
small entity impacts only when a rule directly regulates them.
Therefore, agencies must assess the impacts on directly regulated
entities, but are not required to analyze in a regulatory flexibility
analysis the indirect effects from rules on small entities.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2) of 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. The designated ORV
routes are located entirely within the Seashore, and will not result in
direct expenditure by State, local, or tribal governments. This rule
addresses public use of NPS lands, and imposes no requirements on other
agencies or governments. Therefore, a statement containing the
information required by the UMRA (2 U.S.C. 1531 et seq.) is not
required.
Takings (Executive Order 12630)
This rule does not effect a taking of private property or otherwise
have taking implications under Executive Order 12630. Access to private
property located within or adjacent to the Seashore will not be
affected, and this rule does not regulate uses of private property.
Therefore, 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 rule only
affects use of NPS-administered lands and imposes no requirements on
other agencies or governments. 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.
Consultation With Indian Tribes (Executive Order 13175 and Department
Policy)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian tribes through a
commitment to consultation with Indian tribes and recognition of their
right to self-governance and tribal sovereignty. We have evaluated this
rule under the criteria in Executive Order 13175 and under the
Department's tribal consultation policy and have determined that tribal
consultation is not required because the rule will have no substantial
direct effect on federally recognized Indian tribes.
Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.)
This rule does not contain any new collection of information that
requires approval by Office of Management and Budget (OMB) under the
PRA of 1995. OMB has approved the information collection requirements
associated with NPS Special Park Use Permits and has assigned OMB
Control Number 1024-0026 (expires 08/31/2016). An agency may not
conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.
National Environmental Policy Act (NEPA)
In accordance with NEPA, the NPS prepared an Environmental
Assessment (EA), which was released for public comment on February 17,
2016, for 30 days. A full description of the alternatives that were
considered, the environmental impacts associated with
[[Page 56554]]
the project, public involvement, and other supporting documentation,
can be found online at https://parkplanning.nps.gov/caha-orv-ea. The NPS
considered public comments made on the EA in drafting this proposed
rule. The NPS will evaluate substantive comments received on the
proposed rule when developing the decision and the Final Rule.
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
All submissions received must include the agency name and
Regulatory Identifier Number (RIN) for this rulemaking, 1024-AE33. All
comments received through the Federal eRulemaking portal at https://www.regulations.gov will be available without change. 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, we cannot
guarantee that we will be able to do so. To view comments received
through the Federal eRulemaking portal, go to https://www.regulations.gov and enter 1024- AE33 in the search box.
Comments submitted through https://www.regulations.gov or submitted
by mail must be entered or postmarked before midnight (Eastern Daylight
Time) October 21, 2016 Comments submitted by hand delivery must be
received by the close of business hours (5 p.m. Eastern Daylight Time)
October 21, 2016.
Comments will not be accepted by fax, email, or in any way other
than those specified above, and bulk comments in any format (hard copy
or electronic) submitted on behalf of others will not be accepted. If
you commented on the EA, your comments have already been considered in
drafting the proposed rule. Comments should focus on this proposed
rule; comments that relate solely to the EA will be untimely and will
not be considered.
Drafting Information
The primary authors of this regulation were Russel J. Wilson, Chief
Regulations, Jurisdiction and Special Park Uses, National Park Service;
and, A.J. North, Regulations Coordinator, National Park Service.
List of Subjects in 36 CFR Part 7
District of Columbia, National Parks, Reporting and recordkeeping
requirements.
In consideration of the foregoing, the National Park Service
proposes to amend 36 CFR part 7 as follows:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
0
1. The authority citation for part 7 continues to read as follows:
Authority: 54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also
issued under DC Code 10-137 and DC Code 50-2201.07.
0
2. In Sec. 7.58, revise paragraphs (c)(2)(iv), (c)(9) and (c)(12)(i)
to read as follows:
Sec. 7.58 Cape Hatteras National Seashore.
* * * * *
(c) * * *
(2) * * *
(iv) ORV permits are valid for the dates specified on the permit.
The public will be notified of any proposed changes to ORV permit
durations through one or more of the methods listed in Sec. 1.7(a) of
this chapter.
* * * * *
(9) ORV routes. The following tables indicate designated ORV
routes. The following ramps are designated for off-road use to provide
access to ocean beaches: 2, 4, 23, 25, 27, 30, 32, 34, 38, 43, 44, 48,
49, 55, 59, 63, 67, 68, 70, and 72. Designated ORV routes and ramps are
subject to resource, safety, seasonal, and other closures implemented
under Sec. 7.58(c)(10).
(i) Soundside ORV access ramps are described in the table below.
For a village beach to be open to ORV use during the winter season, it
must be at least 20 meters (66 feet) wide from the toe of the dune
seaward to mean high tide line.
(ii) Maps showing designated routes and ramps are available in the
Office of the Superintendent and on the Seashore Web site.
------------------------------------------------------------------------
------------------------------------------------------------------------
Bodie Island--Designated Routes
------------------------------------------------------------------------
Year Round........................ Ramp 2 to 0.2 miles south of ramp 4.
Seasonal: Open September 15 0.2 miles south of ramp 4 to the
through March 14. eastern confluence of the Atlantic
Ocean and Oregon Inlet.
------------------------------------------------------------------------
Hatteras Island--Designated Routes
------------------------------------------------------------------------
Year Round........................ 1.5 miles south of ramp 23 to ramp
27.
Ramp 30 to approximately 0.3 miles
south of ramp 32.
The following soundside ORV access
routes from NC Highway 12 to
Pamlico Sound between the villages
of Salvo and Avon: Soundside ramps
46, 48, 52, 53, 54. The soundside
ORV access at Little Kinnakeet
would start just to the west of the
Kinnakeet lifesaving structures and
would continue to the sound.
Ramp 38 to 1.5 miles south of ramp
38.
The following soundside ORV access
routes from NC Highway 12 to
Pamlico Sound between the villages
of Avon and Buxton: Soundside ramps
57, 58, 59, and 60.
0.4 miles north of ramp 43 to Cape
Point to 0.3 miles west of ``the
hook.''
[[Page 56555]]
Bypass which extends due south from
the opening at ramp 44, running
continuously behind the dunes until
the bypass connects with the beach.
Interdunal route (``Inside Road'')
from intersection with Lighthouse
Road (i.e. ramp 44) to ramp 49,
with one spur route from the
interdunal route to ramp 48.
Just east of Ramp 48 to east Frisco
boundary.
A soundside ORV access route from
Museum Drive to Pamlico Sound near
Coast Guard Station Hatteras Inlet.
Pole Road from Museum Drive to Spur
Road to Pamlico Sound, with one
spur route, commonly known as Cable
Crossing, to Pamlico Sound and four
spur routes to the ORV route below.
Ramp 55 southwest along the ocean
beach for 1.6 miles, ending at the
intersection with the route
commonly known as Bone Road.
Seasonal: Open to ORV use October 0.1 mile south of Rodanthe Pier to
15 through April 14. 1.5 mile south of ramp 23.
1.0 mile north of ramp 34 to ramp 38
(Avon).
East Frisco boundary to west Frisco
boundary (Frisco village beach).
East Hatteras boundary to ramp 55
(Hatteras village beach).
------------------------------------------------------------------------
Ocracoke Island--Designated Routes
------------------------------------------------------------------------
Year Round........................ Ramp 59 to just southwest of ramp
63.
Routes from NC Highway 12 to Pamlico
Sound located north of the Pony
Pens, commonly known as Prong Road,
Barrow Pit Road, and Scrag Cedar
Road.
1.0 mile northeast of ramp 67 to 0.5
mile northeast of ramp 68.
0.4 miles northeast of ramp 70 to
Ocracoke inlet.
From ramp 72 to a pedestrian trail
to Pamlico Sound, commonly known as
Shirley's Lane.
Seasonal: October 15 through April 0.5 mile northeast of ramp 68 to
14. ramp 68 (Ocracoke Campground area).
Seasonal: September 15 through A route 0.6 mile south of ramp 72
March 14. from the beach route to a
pedestrian trail to Pamlico Sound.
A route at the north end of South
Point spit from the beach route to
Pamlico Sound.
------------------------------------------------------------------------
* * * * *
(12) Night-Driving Restrictions/Hours of ORV Operation.
(i) Hours of operation and night-driving restrictions are listed in
the following table:
------------------------------------------------------------------------
------------------------------------------------------------------------
Hours Of Operation/Night Driving Restrictions
------------------------------------------------------------------------
November 16-April 30.............. All designated ORV routes are open
24 hours a day.
May 1-September 14................ Designated ORV routes in sea turtle
nesting habitat (ocean intertidal
zone, ocean backshore, dunes) are
closed at 9 p.m. and open no
earlier than 6:00 a.m. The Seashore
will publish exact opening times on
an annual basis.
September 15-November 15.......... Designated ORV routes in sea turtle
nesting habitat (ocean intertidal
zone, ocean backshore, dunes) are
closed at 9 p.m. and open no
earlier than 6:00 a.m., but the
Superintendent may open designated
ORV routes, or portions of the
routes, 24 hours a day if no turtle
nests remain. The Seashore will
publish exact opening times on an
annual basis.
------------------------------------------------------------------------
* * * * *
Dated: August 4, 2016.
Michael Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2016-19844 Filed 8-19-16; 8:45 am]
BILLING CODE 4310-EJ-P
