National Park Service December 28, 2010 – Federal Register Recent Federal Regulation Documents

Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), and the Council on Environmental Quality regulations (40 CFR Parts 1500-1508), the Department of the Interior, National Park Service (NPS) has prepared and approved a Record of Decision (ROD) for the Final Environmental Impact Statement (Final EIS) for the Cape Hatteras National Seashore (Seashore) Off-Road Vehicle (ORV) Management Plan. The ROD documents the decision by the NPS to implement Alternative F: NPS Preferred Alternative (the ``selected action''). The selected action is necessary to regulate ORV use at the Seashore in a manner that is consistent with applicable law, and appropriately addresses resource protection (including protected, threatened, or endangered species), potential conflicts among the various Seashore users, and visitor safety. The selected action provides the basis for a proposed special regulation for ORV use at the Seashore. Section 4.10(b) of the NPS regulations in Title 36 of the Code of Federal Regulations (CFR), which implements Executive Orders 11644 and 11989, prohibits ORV use except on routes and areas designated in a special regulation. The ORV plan and special regulation are necessary to provide continued visitor access through the use of ORVs. The intended effects or objectives of this action are to: Minimize impacts from ORV use to soils and topographic features, for example, dunes, ocean beach, wetlands, tidal flats, and other features; Provide protection for threatened, endangered, and other protected species (e.g., state-listed species) and their habitats, and minimize impacts related to ORV and other uses as required by laws and policies, such as the Endangered Species Act, the Migratory Bird Treaty Act, and NPS laws and management policies; Minimize impacts to native plant species from ORV use; Minimize impacts to wildlife species and their habitats from ORV use; Protect cultural resources such as shipwrecks, archeological sites, and cultural landscapes from impacts related to ORV use; Ensure that ORV operators are informed about the rules and regulations regarding ORV use at the Seashore; Manage ORV use to allow for a variety of visitor use experiences; Minimize conflicts between ORV use and other uses; Ensure that ORV management promotes the safety of all visitors; Identify operational needs and costs to fully implement an ORV management plan; Identify potential sources of funding necessary to implement an ORV management plan; Provide consistent guidelines, according to site conditions, for ORV routes, ramps, and signage; Identify criteria to designate ORV use areas and routes; Establish ORV management practices and procedures that have the ability to adapt in response to changes in the Seashore's dynamic physical and biological environment; Establish a civic engagement component for ORV management; Establish procedures for prompt and efficient public notification of beach access status, including any temporary ORV use restrictions, for such things as ramp maintenance, resource and public safety closures, storm events, etc; Build stewardship through public awareness and understanding of NPS resource management and visitor use policies and responsibilities as they pertain to the Seashore and ORV management.