Special Regulations; Areas of the National Park System, Cape Hatteras National Seashore-Off-Road Vehicle Management, 56550-56555 [2016-19844]

Download as PDF 56550 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: * 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. Lhorne on DSK30JT082PROD with PROPOSALS * * * * * (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; * * * * * VerDate Sep<11>2014 15:13 Aug 19, 2016 Jkt 238001 * * * * (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. * * * * * (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: PO 00000 Frm 00013 Fmt 4702 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: Sfmt 4702 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 E:\FR\FM\22AUP1.SGM 22AUP1 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Proposed Rules Lhorne on DSK30JT082PROD with PROPOSALS 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 VerDate Sep<11>2014 15:13 Aug 19, 2016 Jkt 238001 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 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 56551 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. E:\FR\FM\22AUP1.SGM 22AUP1 56552 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Proposed Rules 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. Lhorne on DSK30JT082PROD with PROPOSALS 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. VerDate Sep<11>2014 15:13 Aug 19, 2016 Jkt 238001 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). PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 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 E:\FR\FM\22AUP1.SGM 22AUP1 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Proposed Rules 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. Lhorne on DSK30JT082PROD with PROPOSALS 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 VerDate Sep<11>2014 15:13 Aug 19, 2016 Jkt 238001 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 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 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 E:\FR\FM\22AUP1.SGM 22AUP1 56554 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.’’ Jkt 238001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\22AUP1.SGM 22AUP1 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. Jkt 238001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 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 E:\FR\FM\22AUP1.SGM 22AUP1

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]

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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

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