Glen Canyon National Recreation Area; Motor Vehicles, 75511-75517 [2024-21032]

Agencies

• DEPARTMENT OF THE INTERIOR
• National Park Service

[Federal Register Volume 89, Number 179 (Monday, September 16, 2024)]
[Proposed Rules]
[Pages 75511-75517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21032]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-GLCA-NPS0038209 PPIMGLCAA0.PPMPSAS1Z.Y00000-244P10361]
RIN 1024-AE91


Glen Canyon National Recreation Area; Motor Vehicles

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service proposes to amend special 
regulations for the Glen Canyon National Recreation Area to update 
rules about the use of motor vehicles on roads and off roads on 
designated routes and areas.

DATES: Comments must be received by November 15, 2024. Information 
Collection Requirements: If you wish to comment on the information 
collection requirements in this proposed rule, please note that the 
Office of Management and Budget (OMB) is required to decide on the 
collection of information contained in this proposed rule between 30 
and 60 days after publication of this proposed rule in the Federal 
Register. Therefore, comments should be submitted to OMB by November 
15, 2024.

ADDRESSES: You may submit comments, identified by the Regulation 
Identifier Number (RIN) 1024-AE91, by any of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov/. Follow the instructions for submitting comments.
    (2) By hard copy: Mail to: Superintendent, Glen Canyon National 
Recreation Area, P.O. Box 1507, Page, Arizona 86040.
    Instructions: Comments will not be accepted by fax, email, or in 
any way other than those specified above. All submissions received must 
include the words ``National Park Service'' or ``NPS'' and must include 
the docket number or RIN (1024-AE91) for this rulemaking. Comments 
received may be posted without change to https://www.regulations.gov/, 
including any personal information provided. The NPS will not accept 
bulk comments in any format (hard copy or electronic) submitted on 
behalf of others. The scope of this rule is limited to the specific 
changes to existing regulations proposed in this document. The NPS will 
not consider comments that address aspects of existing regulations that 
would not being changed by this proposed rule.

[[Page 75512]]

    Docket: For access to the docket to read comments received, go to 
https://www.regulations.gov/ and search for ``1024-AE91.''
    Information Collection Requirements: Written comments and 
suggestions on the information collection requirements should be 
submitted by the date specified above in DATES to https://www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function. Please provide a copy of 
your comments to the NPS Information Collection Clearance Officer 
(ADIR-ICCO), 13461 Sunrise Valley Drive (MS-244), Herndon, VA 20171 
(mail); or [email protected] (email). Please include ``1024-AE91'' 
in the subject line of your comments.

FOR FURTHER INFORMATION CONTACT: Michelle Kerns, Superintendent, Glen 
Canyon National Recreation Area, P.O. Box 1507, Page, Arizona 86040, by 
phone at 928-608-6210, or by email at [email protected]. 
Individuals in the United States who are deaf, deafblind, hard of 
hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States. In compliance with the Providing Accountability 
Through Transparency Act of 2023, the plain language summary of the 
proposal is available on Regulations.gov in the docket for this 
rulemaking.

SUPPLEMENTARY INFORMATION:

Background

Purpose and Significance of Glen Canyon National Recreation Area

    Congress established Glen Canyon National Recreation Area (the 
recreation area) in 1972 ``to provide for the public outdoor recreation 
use and enjoyment of Lake Powell and lands adjacent thereto in the 
states of Arizona and Utah and to preserve the scenic, scientific, and 
historic features contributing to the public enjoyment of the area.'' 
16 U.S.C. 460dd.
    The recreation area encompasses 1,254,117 acres in northern Arizona 
and southeastern Utah and constitutes a substantial part of the 
outstanding public lands of the Colorado Plateau. The recreation area 
offers a natural diversity of rugged water- and wind-carved canyons, 
buttes, mesas, and other outstanding physiographic features. The 
recreation area allows for a variety of recreational opportunities, 
including on- and off-road motor vehicle use and contains Lake Powell, 
the second-largest human-made lake in North America, which provides the 
opportunity to recreate in a natural environment and access remote 
backcountry areas. Evidence of 11,000 years of human occupation and use 
of resources in the recreation area provides a continuing story of the 
prehistoric, historic, and present-day affiliation of humans and their 
environment.

Authority To Promulgate Regulations

    The National Park Service (NPS) manages the recreation area under 
the NPS Organic Act (54 U.S.C. 100101 et seq.), which gives the NPS 
broad authority to regulate the use of the park areas under its 
jurisdiction. The Organic Act authorizes the Secretary of the Interior, 
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). In the recreation 
area's enabling act, Congress directed the Secretary of the Interior to 
``administer, protect, and develop the recreation area in accordance 
with the [Organic Act], and with any other statutory authority 
available to him for the conservation and management of natural 
resources.'' 16 U.S.C. 460dd-3. These general authorities allow the NPS 
to regulate the use of motor vehicles within the recreation area, both 
on roads and off roads in designated routes and areas.
    Executive Order 11644, Use of Off-Road Vehicles on the Public 
Lands, was issued in 1972 and amended by Executive Order 11989 in 1977. 
Executive Order 11644 required Federal agencies to issue regulations 
designating specific areas and routes on public lands where the use of 
off-road vehicles (ORVs) may be allowed. The NPS implemented these 
Executive Orders, in part, by promulgating a regulation at 36 CFR 4.10 
(Travel on park roads and designated routes). Under 36 CFR 4.10, the 
use of motor vehicles off established roads is not permitted unless 
routes and areas are designated for off-road motor vehicle use by 
special regulation. Under 36 CFR 4.10(b), such routes and areas may be 
designated only in national recreation areas, national seashores, 
national lakeshores and national preserves. This proposed rule would 
implement regulatory changes for certain areas where motor vehicles may 
be used off roads in the recreation area in compliance with 36 CFR 4.10 
and Executive Orders 11644 and 11989. The proposed changes to motor 
vehicle use on roads within the recreation area are not subject to the 
requirements in 36 CFR 4.10(b) and the Executive Orders. Paved and 
unpaved roads within the recreation area are referred to in this rule 
and defined in the regulations as ``GMP roads'' because they are 
identified in the recreation area's 1979 General Management Plan as 
open to motor vehicle traffic. There are no roads within the recreation 
area other than GMP roads.

Current Motor Vehicle Use in the Recreation Area

    In 2021, the NPS promulgated special regulations addressing the use 
of motor vehicles within the recreation area (86 FR 3804). These 
regulations are codified at 36 CFR 7.70(f) and address the use of 
conventional motor vehicles, off-highway vehicles (OHVs), and street-
legal all-terrain vehicles (ATVs). The regulations establish rules for 
the use of motor vehicles on paved and unpaved GMP roads and off roads 
in designated areas and routes. The regulations also contain a permit 
requirement for off-road motor vehicle use, motor vehicle and operator 
requirements, and provide the superintendent with a specific 
discretionary authority to establish closures, conditions, and 
restrictions on off-road motor vehicle use after taking into 
consideration public health and safety, natural and cultural resource 
protection, lake levels, and other management activities and 
objectives.

Litigation and Settlement Agreement

    National Parks Conservation Association filed a Complaint 
challenging the special regulations on January 19, 2021, which they 
subsequently amended on April 16, 2021. More than two years later, 
Southern Utah Wilderness Alliance filed a Complaint on March 15, 2023, 
which it subsequently amended on August 7, 2023. The Court consolidated 
the two matters and stayed the cases for settlement discussions among 
the parties. The Parties executed a Settlement Agreement on March 26, 
2024. The court subsequently entered an Order dismissing the cases on 
April 10, 2024. As part of the Settlement, the NPS agreed to propose 
revisions to the existing special regulations.

Proposed Rule

    This rule would make the following changes to the existing special 
regulations in 36 CFR 7.70(f).
    Two changes would address OHV and street-legal ATV use in the 
Orange Cliffs Special Management Unit, defined in the existing 
regulations as the area

[[Page 75513]]

identified as the Orange Cliffs Special Management Unit in the 
Canyonlands National Park and Orange Cliffs Unit of Glen Canyon 
National Recreation Area Backcountry Management Plan (NPS 1995). The 
rule would prohibit the use of OHVs and street-legal ATVs on an 8-mile 
segment of the Poison Spring Loop located on Route 633 proceeding north 
to Route 730 in the Orange Cliffs Special Management Unit, identified 
in Table 2 to paragraph (f)(4)(i) in the existing special regulations. 
The rule would also eliminate the superintendent's authority to 
potentially allow OHVs and street-legal ATVs on the upper portion of 
the Flint Trail in the Orange Cliffs Special Management Unit, 
identified in Table 2 to paragraph (f)(4)(i) in the existing special 
regulations.
    Three other changes would address off-road vehicle use in areas 
that allow for access from GMP roads to the shoreline of the lake, 
referred to as shoreline access areas.
    One change would affect the following 10 shoreline access areas 
that are identified in table 1 to paragraph (f)(3)(ii) of the existing 
special regulations: Lone Rock Beach, Blue Notch, Bullfrog North and 
South, Crosby Canyon, Dirty Devil, Farley Canyon, Hite Boat Ramp, Red 
Canyon, Stanton Creek, White Canyon. The rule would separate the 
existing shoreline access area at Bullfrog North and South into two 
shoreline access areas, one for Bullfrog North and another for Bullfrog 
South. The rule would require the superintendent to identify lake 
elevation levels at each of the 11 shoreline access areas where, if the 
lake elevation drops below the identified level and remains below the 
identified level for seven consecutive days, the shoreline access area 
would close to off-road motor vehicle use. Inversely, if the lake 
elevation increases above the identified level and remains above the 
identified level for seven consecutive days, the shoreline access area 
would open to off-road vehicle use.
    The rule would require the superintendent to use hydrologic data 
from the United States Geological Survey and the Bureau of Reclamation 
to set the lake elevation levels, which would be subject to change 
based upon public health and safety, natural and cultural resource 
protection, and other management activities and objectives. The rule 
would require the elevation levels to be published on the recreation 
area's website and listed in the superintendent's compendium for the 
recreation area. The superintendent's compendium is a written 
compilation of all the designations, closures, permit requirements and 
other restrictions imposed under discretionary authority, required by 
36 CFR 1.7(b). After the lake elevation drops below or rises above the 
identified level, and the seven-day waiting period has concluded, the 
rule would require the superintendent to identify the shoreline access 
area as open or closed to off-road vehicle use on the website for the 
recreation area and in the superintendent's compendium within 14 days 
after the expiration of the seven-day waiting period. The rule would 
require the NPS to install signs at each shoreline access area 
notifying the public that it is opened or closed to off-road motor 
vehicle use. When a shoreline access area is closed because lake 
elevations have dropped, the rule also would require the NPS to 
consider additional steps to prevent off-road vehicle use in the area, 
such as the installation of gates. The rule would clarify that motor 
vehicle use on a GMP road may continue within a closed shoreline access 
area at the discretion of the superintendent, and subject to the rules 
for operating a motor vehicle on such roads in the special regulations.
    A second change related to shoreline access areas would add a 
statement in the regulations that off-road vehicle use in any of those 
areas, including the shoreline access areas identified in table 1 to 
paragraph (f)(3)(ii) of the existing special regulations that are not 
subject to closure based upon lake elevation, must be for the purpose 
of traveling from a GMP road to the shoreline, and back. This would 
draw a clear distinction between the purpose of off-road vehicle use in 
shoreline access areas and the purpose of off-road vehicle use in Lone 
Rock Beach, Lone Rock Beach Play Area, and Ferry Swale, which are 
identified in table 1 to paragraph (f)(3)(ii), but not considered 
shoreline access areas. Lone Rock Beach is a developed area with a 
year-round campground and visitor activities associated with that use. 
Lone Rock Beach Play Area is a fenced location open to dispersed, high-
intensity ORV use. Ferry Swale is a network of approximately 21 miles 
of off-road vehicle routes that does not provide access to the lake.
    The existing regulations in paragraph (f)(6)(i) require the 
superintendent to provide public notice of closures, conditions or 
restrictions on ORV use through one or more of the methods listed in 36 
CFR 1.7. A third change affecting shoreline access areas would require 
the superintendent, in every case, to publish notice of all such 
actions on the recreation area's website.
    The revised rule would also prohibit OHV and street-legal ATV use 
on the following unpaved GMP roads in the Recreation & Resource 
Utilization Zone that is defined in the 1979 General Management Plan 
for the recreation area:
     Unnamed road near Dry Mesa/Sheep's Canyon near Hite, 
sometimes referred to as Dry Mesa Road (approximately 4.31 miles).
     Road #2/95 Spur near Hite, also known as Dirty Devil Spur 
(approximately 1.14 miles).
     Cove Canyon Spur Road near Hite (approximately 0.65 
miles).
     Flint Trail Spur Road near Hite, also known as Waterhole 
Flat Spur #1 Road & Dark Canyon Overlook Road (approximately 0.72 
miles).
     Ticaboo Mesa Road near Bullfrog (approximately 1.45 
miles).
     Muley Point Road (approximately 1.26 miles).
     Johns Canyon Road near Muley Point (approximately 7.49 
miles).
    NPS would also change the quiet hours in the Lone Rock Beach Play 
Area from 10 p.m. to 6 a.m., in the existing regulations, to sunset to 
sunrise in the proposed rule. The superintendent retains the authority 
to lengthen the quiet hour time-period.
    This rule would also replace a reference in paragraph (f)(2)(ii) of 
Sec.  7.70 of the existing regulations to a ``special use permit'' with 
a general reference to a ``permit,'' in order to provide the NPS with 
the flexibility to use, upon further analysis, other types of permits 
to authorize off-road vehicle use, such as special recreation permits 
under the Federal Lands Recreation Enhancement Act. 16 U.S.C. 6802(h).
    Finally, the rule would remove two sentences in paragraphs 
(f)(2)(i) and (f)(3)(ii) stating that certain regulations are effective 
beginning on May 17, 2021. This date has passed and therefore these 
statements are obsolete and unnecessary.

Compliance With Other Laws, Executive Orders, and Department Policy

Use of Off-Road Vehicles on the Public Lands (Executive Orders 11644 
and 11989)

    Executive Order 11644, as amended by Executive Order 11989, was 
adopted to address impacts on public lands from ORV use. The Executive 
Order applies to ORV use on Federal public lands that is not authorized 
under a valid lease, permit, contract, or license. Section 3(a)(4) of 
Executive Order 11644 provides that ORV ``[a]reas and trails shall be 
located in areas of the National Park System, Natural Areas, or 
National Wildlife Refuges and Game Ranges only if the respective agency 
head determines

[[Page 75514]]

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'' and ``adverse effect'' used 
in the National Environmental Policy Act of 1969 (NEPA). In analyses 
under NEPA, a procedural statute that provides for the study of 
environmental impacts, the term ``adverse effect'' includes minor or 
negligible effects.
    Section 3(a)(4) of the Executive Order, by contrast, concerns 
substantive management decisions and must be read in the context of the 
authorities applicable to such decisions. Glen Canyon National 
Recreation Area is an area of the National Park System. Therefore, NPS 
interprets the Executive Order term ``adversely affect'' consistent 
with its NPS Management Policies 2006. Those policies require that the 
NPS only allow ``appropriate use'' of parks and avoid ``unacceptable 
impacts.''
    This rule is consistent with the requirements of Executive Order 
11644. Substantive analysis supporting this determination includes, but 
is not limited to, the January 2017 Off-Road Vehicle Management Plan/
Final Environmental Impact Statement (FEIS), and the pending revised 
Record of Decision and Non-Impairment Determination for this 
rulemaking.
    Section 8(a) of the Executive Order requires agency heads to 
monitor the effects of ORV use on lands under their jurisdictions. On 
the basis of information gathered, agency heads may from time to time 
amend or rescind designations of areas or other actions as necessary to 
further the policy of the Executive Order. The preferred alternative in 
the FEIS that was selected in the related 2017 Record of Decision 
includes monitoring and resource protection procedures and periodic 
review to provide for the ongoing evaluation of impacts of motor 
vehicle use on protected resources. This ongoing adaptive management 
and monitoring protocol would continue under the proposed rule. The 
superintendent retains authority to take appropriate action as needed 
to protect the resources of the recreation area.

Regulatory Planning and Review (Executive Orders 12866 and 13563 and 
14094)

    Executive Order 12866, as amended by Executive Order 14094, 
provides that the Office of Information and Regulatory Affairs (OIRA) 
in the Office of Management and Budget will review all significant 
rules. OIRA has determined that the final rule is not significant.
    Executive Order 14094 amends Executive Order 12866 and reaffirms 
the principles of Executive Order 12866 and Executive Order 13563 and 
states that regulatory analysis should facilitate agency efforts to 
develop regulations that serve the public interest, advance statutory 
objectives, and be consistent with Executive Order 12866, Executive 
Order 13563, and the Presidential Memorandum of January 20, 2021 
(Modernizing Regulatory Review). Regulatory analysis, as practicable 
and appropriate, shall recognize distributive impacts and equity, to 
the extent permitted by law.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. Executive Order 13563 directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563 
emphasizes further that regulations must be based on the best available 
science and that the rulemaking process must allow for public 
participation and an open exchange of ideas. The NPS has developed this 
proposed rule in a manner consistent with these requirements.

Regulatory Flexibility Act (RFA)

    This proposed 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.). No small entities would be directly regulated by the proposed 
rule, which would only modify regulations affecting visitor use of ORVs 
in certain areas of the park. The roads that would be closed to OHV and 
street-legal ATV use only account for 25 of 388 miles (or approximately 
six percent) of GMP roads open to motor vehicle use in the recreation 
area. Currently, there are no authorized guiding companies that use 
OHVs and street-legal ATVs on the roads that would be closed to those 
vehicles.

Congressional Review Act

    This rulemaking is not a major rule under 5 U.S.C. 804(2). This 
rulemaking:
    (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

    This rulemaking does not impose an unfunded mandate on State, 
local, or Tribal governments or the private sector of more than $100 
million per year. The rulemaking does not have a significant or unique 
effect on State, local or Tribal governments or the private sector. It 
addresses public use of national park lands and imposes no requirements 
on other agencies or governments. A statement containing the 
information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 
et seq.) is not required.

Takings (Executive Order 12630)

    This rulemaking does not effect a taking of private property or 
otherwise have takings implications under Executive Order 12630. A 
takings implication assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, the 
rulemaking does not have sufficient federalism implications to warrant 
the preparation of a federalism summary impact statement. This 
rulemaking only affects use of federally administered lands and waters. 
It has no direct effects on other areas. A federalism summary impact 
statement is not required.

Civil Justice Reform (Executive Order 12988)

    This rulemaking complies with the requirements of Executive Order 
12988. This rulemaking:
    (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

[[Page 75515]]

have evaluated this proposed rule under the criteria in Executive Order 
13175 and under the Department's consultation policy and have 
determined that Tribal consultation on the proposed rule is not 
required because the proposed rule will have no substantial direct 
effect on federally recognized Indian Tribes. In support of the 
Department of Interior and NPS commitment for government-to-government 
consultation with the 19 Native American Tribes and bands associated 
with the recreation area, and as a reflection of the shared boundary of 
the recreation area and the Navajo Nation, the NPS has engaged in a 
continuing process of consultation with these Tribes and bands. This 
consultation has taken the form of bimonthly newsletters, in-person 
meetings with chapter houses, informal email updates, and formal update 
letters.

Paperwork Reduction Act (PRA)

    This proposed rule contains no new information requirements that 
will affect the currently approved information collection. (NPS Special 
Park Use Permits NPS Form 10-933--OMB Control Number 1024-0026). By 
using NPS Form 10-933 this action will cause a net increase of 3,000 
respondents and 750 burden hours. In accordance with 5 CFR 1320.10, the 
agency may continue to conduct or sponsor this collection of 
information while the submission is pending at OMB). Based on the 
anticipated net increase, we expect that the overall respondent burden 
for this collection will be 83,542 responses totaling 23,640 annual 
burden hours.
    Title of Collection: Special Park Use Applications, portions of 36 
CFR 1-7, 13, 20, and 34.
    OMB Control Number: 1024-0026.
    Form Number: NPS Forms 10-930, 10-930c, 10-930s, 10-930q, 10-931, 
10-932, 10-933, 10-934.
    Type of Review: Revision of a currently approved collection.
    Respondents/Affected Public: Individuals/households (licensed 
anglers drawn from three representative U.S. States).
    Total Estimated Number of Annual Respondents: 83,542.
    Total Estimated Number of Annual Responses: 83,542.
    Estimated Completion Time per Response: Varies from 15 minutes to 
30 minutes.
    Total Estimated Number of Annual Burden Hours: 23,640.
    Respondent's Obligation: Required to obtain or retain a benefit.
    Frequency of Collection: On occasion.
    Total Estimated Annual Nonhour Burden Cost: $6,265,650 for 
application fees.
    An agency may not conduct or sponsor and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number.

National Environmental Policy Act of 1969 (NEPA)

    This rule constitutes a major Federal action significantly 
affecting the quality of the human environment. We have prepared a FEIS 
under NEPA. The FEIS is available online at https://parkplanning.nps.gov/glca-orvplan, and then clicking on the link 
entitled ``Document List''. Upon or before publication of the final 
rule, the NPS will publish a revised Record of Decision for the FEIS on 
the recreation area planning website identified above.

Effects on the Energy Supply (Executive Order 13211)

    This proposed 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

    The NPS is required by Executive Orders 12866 (section 1(b)(12)) 
and 12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule the NPS publishes must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use common, everyday words and 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 the NPS has not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help the NPS revise the proposed rule, your comments should be 
as specific as possible. For example, you should identify the numbers 
of the sections or paragraphs that you find unclear, which sections or 
sentences are too long, the sections where you feel lists or tables 
would be useful, etc.

Public Participation

    It is the policy of the Department of the Interior, whenever 
practicable, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons may submit written 
comments regarding this proposed rule by one of the methods listed in 
the ADDRESSES section of this document.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time.

List of Subjects in 36 CFR Part 7

    National parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, the National Park Service 
proposes to amend 36 CFR part 7 as follows:

PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

0
1. The authority citation for part 7 continues to read as follows:

    Authority:  54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also 
issued under D.C. Code 10-137 and D.C. Code 50-2201.07.


0
2. Amend Sec.  7.70 by:
0
a. Removing and reserving paragraph (f)(2)(i);
0
b. In paragraph (f)(2)(ii), removing the words ``special use'';
0
c. In paragraph (f)(3)(ii), removing the last sentence;
0
d. In table 1 to paragraph (f)(3)(ii):
0
i. Adding, at the top of the table, entries for ``Bullfrog North'' and 
``Bullfrog South'';
0
ii. Revising the entry for ``Lone Rock Beach Play Area''; and
0
iii. Removing the entry for ``Bullfrog North and South'';
0
e. Adding paragraphs (f)(3)(iii) and (iv);
0
f. Revising table 2 to paragraph (f)(4)(i); and
0
g. Revising paragraphs (f)(4)(ii) and paragraph (f)(6)(ii).
    The revisions and additions read as follows:
* * * * *
    (f) * * *
    (3) * * *
    (ii) * * *

[[Page 75516]]



                                         Table 1 to Paragraph (f)(3)(ii)
----------------------------------------------------------------------------------------------------------------
  Designated area or route for off-road motor     Approximate
                  vehicle use                    size (acres)               Management prescriptions
----------------------------------------------------------------------------------------------------------------
Bullfrog North.................................           860   Street-legal ATVs allowed with ORV
                                                                permit from March 2-October 31.
                                                                Conventional motor vehicles allowed with
                                                                ORV permit year-round.
                                                                15 mph speed limit (unless otherwise
                                                                posted).
                                                                Quiet hours between 10 p.m. and 6 a.m.
                                                                or as designated by superintendent.
                                                                Vehicle-free zone as posted.
Bullfrog South.................................         1,410   Street-legal ATVs allowed with ORV
                                                                permit from March 2-October 31.
                                                                Conventional motor vehicles allowed with
                                                                ORV permit year-round.
                                                                15 mph speed limit (unless otherwise
                                                                posted).
                                                                Quiet hours between 10 p.m. and 6 a.m.
                                                                or as designated by superintendent.
                                                                Vehicle-free zone as posted.
 
                                                  * * * * * * *
Lone Rock Beach Play Area......................           180   Conventional motor vehicles, street-
                                                                legal ATVs, and OHVs allowed with ORV permit.
                                                                OHVs required to display a red or orange
                                                                safety flag at least six by 12 inches in size
                                                                that is located at least eight feet off the
                                                                ground, or at least 18 inches above the top of
                                                                the protective headgear of a motorcycle or dirt
                                                                bike operator.
                                                                Quiet hours between sunset and sunrise
                                                                or as lengthened by the superintendent.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (iii) Certain areas designated in table 1 to paragraph (f)(3)(ii) 
will close and open to off-road motor vehicle use pursuant to the 
provisions in this paragraph (f)(3)(iii).
    (A) The superintendent will identify lake elevation levels for each 
of the following areas designated in table 1 to paragraph (f)(3)(ii): 
Lone Rock Beach, Blue Notch, Bullfrog North, Bullfrog South, Crosby 
Canyon, Dirty Devil, Farley Canyon, Hite Boat Ramp, Red Canyon, Stanton 
Creek, and White Canyon.
    (B) The superintendent will use hydrologic data from the United 
States Geological Survey and the Bureau of Reclamation to identify the 
lake elevation levels, which would be subject to change based upon 
public health and safety, natural and cultural resource protection, and 
other management activities and objectives. The superintendent will 
notify the public of the lake elevation levels by publishing them on 
the website of the recreation area and in the superintendent's 
compendium (or written compilation) of discretionary actions referred 
to in 36 CFR 1.7(b).
    (C) If the lake elevation drops below the identified level for a 
designated area and remains below the identified level for seven 
consecutive days, the superintendent will close the designated area to 
off-road motor vehicle use. If the lake elevation increases above the 
identified level for a designated area and remains above the identified 
level for seven consecutive days, the superintendent will open the 
designated area to off-road motor vehicle use. The superintendent will 
notify the public that a designated area has been closed or opened to 
off-road motor vehicle use within 14 days after the expiration of the 
seven-day waiting period, by publishing a notice of the management 
action on the website of the recreation area and in the 
superintendent's compendium.
    (D) The National Park Service will install signs at each designated 
area notifying the public that it is opened or closed to off-road motor 
vehicle use. When a designated area is closed because lake elevations 
have dropped, the superintendent will consider additional steps to 
prevent off-road motor vehicle use in the area, such as the 
installation of gates. Motor vehicle use on a GMP road may continue 
within a closed designated area at the discretion of the 
superintendent, and subject to the rules for operating a motor vehicle 
on such roads in this paragraph (f) to Sec.  7.70.
    (iv) Off-road motor vehicle use in any of the areas designated in 
Table 1 to Paragraph (f)(3)(ii), except for Lone Rock Beach, Lone Rock 
Beach Play Area and Ferry Swale, must be for the purpose of traveling 
from a GMP road to the shoreline, and back.
    (4) * * *
    (i) * * *

                                         Table 2 to Paragraph (f)(4)(i)
----------------------------------------------------------------------------------------------------------------
                                                                 Allowed on unpaved GMP   Allowed on unpaved GMP
                                         Allowed on paved GMP      roads outside the     roads within the Orange
        Type of motor vehicle                   roads            Orange Cliffs Special        Cliffs Special
                                                                    Management Unit          Management Unit
----------------------------------------------------------------------------------------------------------------
Conventional motor vehicle...........  Yes....................  Yes....................  Yes.
Street-legal ATV.....................  Yes (except for the      Yes (except for the GMP  No.
                                        Lees Ferry Developed     roads identified in
                                        Area).                   paragraph (f)(4)(ii)).
OHV..................................  No.....................  Yes (except for the GMP  No.
                                                                 roads identified in
                                                                 paragraph (f)(4)(ii)).
----------------------------------------------------------------------------------------------------------------

    (ii) Street-legal ATVs and OHVs are not allowed on the following 
unpaved GMP roads identified in the Recreation & Resource Utilization 
Zone, as defined in the 1979 General Management Plan for the recreation 
area:
    (A) Unnamed road near Dry Mesa/Sheep's Canyon near Hite, sometimes 
referred to as Dry Mesa Road (approximately 4.31 miles).

[[Page 75517]]

    (B) Road #2/95 Spur near Hite, also known as Dirty Devil Spur 
(approximately 1.14 miles).
    (C) Cove Canyon Spur Road near Hite (approximately 0.65 miles).
    (D) Flint Trail Spur Road near Hite, also known as Waterhole Flat 
Spur #1 Road and Dark Canyon Overlook Road (approximately 0.72 miles).
    (E) Ticaboo Mesa Road near Bullfrog (approximately 1.45 miles).
    (F) Muley Point Road (approximately 1.26 miles).
    (G) Johns Canyon Road near Muley Point (approximately 7.49 miles).
* * * * *
    (6) * * *
    (i) * * *
    (ii) The superintendent will provide public notice of all such 
actions through one or more of the methods listed in Sec.  1.7 of this 
chapter, and through publication on the recreation area website.
* * * * *

Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2024-21032 Filed 9-13-24; 8:45 am]
BILLING CODE 4312-52-P