80 FR 11968 - Special Regulations; Areas of the National Park System, Lake Meredith National Recreation Area, Off-Road Motor Vehicles
DEPARTMENT OF THE INTERIOR
National Park Service Federal Register Volume 80, Issue 43 (March 5, 2015)
National Park Service
Federal Register Volume 80, Issue 43 (March 5, 2015)
| Page Range | 11968-11974 | |
| FR Document | 2015-05034 |
[Federal Register Volume 80, Number 43 (Thursday, March 5, 2015)] [Proposed Rules] [Pages 11968-11974] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-05034] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Part 7 [NPS-LAMR-17097; PPWONRADE2, PMP00EI05.YP0000] RIN 1024-AD86 Special Regulations; Areas of the National Park System, Lake Meredith National Recreation Area, Off-Road Motor Vehicles AGENCY: National Park Service, Interior. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The National Park Service proposes to amend its special regulations for Lake Meredith National Recreation Area to require permits to operate motor vehicles off roads, designate areas and routes where motor vehicles may be used off roads, create management zones that would further manage this activity, and establish camping, operational, and vehicle requirements. These changes would allow off- road vehicle use for recreation while reducing associated impacts to resources. Unless authorized by special regulation, operating a motor vehicle off roads within areas of the National Park System is prohibited. DATES: Comments must be received by May 4, 2015. ADDRESSES: You may submit comments, identified by the Regulation Identifier Number (RIN) 1024-AD86, by any of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Mail: Superintendent, Lake Meredith National Recreation Area, P.O. Box 1460, Fritch, TX 79036. Hand Deliver to: Superintendent, Lake Meredith National Recreation Area, 419 E. Broadway, Fritch, TX 79036. Instructions: All submissions received must include the agency name and RIN for this rulemaking. Comments received will be posted without change to http://www.regulations.gov, including any personal information provided. For additional information, see the ``Public Participation'' heading of the SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Robert Maguire, Superintendent, Lake Meredith National Recreation Area, Alibates Flint Quarries National Monument, P.O. Box 1460, Fritch, Texas 79036-1460, by phone at 806-857- 3151, or by email at Robert_Maguire@nps.gov. SUPPLEMENTARY INFORMATION: Purpose and Significance of Lake Meredith National Recreation Area Congress established Lake Meredith National Recreation Area (LAMR or recreation area) in 1990 ``to provide for public outdoor recreation use and enjoyment of the lands and waters associated with Lake Meredith in the State of Texas, and to protect the scenic, scientific, cultural, and other values contributing to the public enjoyment of such lands and waters. . . .'' 16 U.S.C 460eee. Situated approximately 35 miles north of Amarillo, Texas within Potter, Moore, Hutchinson, and Carson counties, LAMR is approximately 45,000 acres in size and is the largest public landmass in the Texas Panhandle. LAMR includes a variety of habitats that are uncommon in the region, including aquatic, wetland, and riparian areas, and one of the few areas in the region with trees. The natural and geologic resources of the area have enabled a continuum of human presence in the area for more than 13,000 years. The exposed geologic features on the walls of the Canadian River valley (i.e., the ``breaks'') reveal active geologic processes that are easily visible to an extent not present elsewhere in the region. The recreation area is also home to the Arkansas River shiner (Notropis girardi), a fish species that is federally listed as threatened. Authority To Promulgate Regulations The National Park Service (NPS) manages LAMR under statute [[Page 11969]] commonly known as the NPS Organic Act of 1916 (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 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). Executive Order 11644, Use of Off-Road Vehicles on the Public Lands, issued in 1972 and amended by Executive Order 11989 in 1977, required federal agencies to issue regulations designating specific areas and routes on public lands where the use of off-road vehicles may be used. NPS implemented these Executive Orders in 36 CFR 4.10. Under 36 CFR 4.10, the use of motor vehicles off established roads is not permitted unless routes and areas are designated for off-road motor vehicle use by 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.'' The proposed rule would designate routes and areas where motor vehicles may be used off roads in compliance with 36 CFR 4.10 and Executive Orders 11644 and 11989. The proposed rule would replace regulations promulgated in 1975 that designate areas for off-road vehicle (ORV) use. Off-Road Motor Vehicle Use at LAMR Designated ORV Use Areas LAMR provides a variety of visitor experiences, including the use of ORVs. In 1975, the NPS promulgated a special regulation (40 FR 762, January 3, 1975) at 36 CFR 7.57(a) designating two ORV use areas at LAMR: (i) Blue Creek, with 275 acres for ORV use in the creek bottom between the cutbanks; and (ii) Rosita, with approximately 1,740 acres for ORV use below the 3,000-foot elevation line. These two areas remain the only areas designated for ORV use in the recreational area. The Blue Creek ORV area is in the Blue Creek riparian area at the northern end of the recreational area that empties into Lake Meredith. ORV use at Blue Creek is allowed only in the creek bottom along both sides from cutbank to cutbank. Cutbanks, also known as river-cut cliffs, are the outside banks of a water channel and are located at the base of the hills at the edges of the creek bed. The Rosita ORV area is a riparian area of the Canadian River at the southern end of the recreation area. ORV use at Rosita is in the Canadian River bed as well as the surrounding hills, in some cases out to a mile or more. Although the authorized area is below the 3,000-foot elevation line, and ORV use outside the authorized area is prohibited, it is difficult for ORV users to determine the exact location of the 3,000-foot elevation line. Changes in ORV Use at LAMR ORV use at Blue Creek and Rosita has changed considerably since the areas were designated by special regulation in 1975, both in intensity and the types of vehicles used. ORV use has taken place at Blue Creek and Rosita since at least the 1950s. Throughout the 1960s, ORVs primarily consisted of a small number of ``river buggies'' crafted from old automobiles to operate in the Canadian River bottom. A few people used dirt bikes, motorcycles, or surplus military vehicles to access the area. Standard four-wheel-drive vehicles were rarely seen. Today, visitors use a variety of vehicle types, including all- terrain vehicles (ATVs), utility task vehicles (UTVs), dune buggies, rock crawlers, and standard four-wheel-drive vehicles. Regardless of the vehicle type, the majority of ORV use at LAMR has been and continues to be for recreation, rather than transportation. ORV users are both local and from other urban areas, especially at Rosita. ORV use is often, but not always, family focused. In February, an annual three-day event called Sand Drags is held just outside the recreation area north of Rosita. This locally sponsored racing event draws approximately 30,000 visitors to the area, including hundreds of motorcycles, four wheelers, sand rails, and river buggies. This event results in the highest annual visitation to the recreation area with a notable increase in recreational ORV use. Changes in the intensity and type of ORV use at LAMR have impacted natural and cultural resources and raised concerns about visitor experience, health, and safety. Impacted resources include soils, vegetation, water, soundscapes, wildlife and wildlife habitat, threatened species, and archeological sites. These impacts are described in the January 2015 Final Off-Road Vehicle Management Plan/ Environmental Impact Statement (FEIS) that is discussed below. Off-Road Vehicle Management Plan/Environmental Impact Statement The proposed rule would implement the preferred alternative (Alternative D) for the recreation area described in the FEIS. The FEIS, which describes the purpose and need for taking action, the alternatives considered, the scoping process and public participation, the affected environment and environmental consequences, and consultation and coordination, may be viewed on the recreation area's planning Web site at http://parkplanning.nps.gov/lamr, by clicking the link entitled ``ORV Management Plan and Regulation'' and then clicking ``Document List.'' Proposed Rule Fee Permit System The proposed rule would require a special use permit to operate a motor vehicle off roads in the recreational area. With each permit the NPS would issue a decal that would be required to be affixed to each vehicle in a manner and location determined by the superintendent. Decals would be required for each ORV operating in the recreation area or transported into the recreation area on a trailer. Families could submit a single application for special use permits for multiple vehicles that are registered to members of that family. Annual permits would be valid for the calendar year the permit is issued; three-day and one-day permits would also be available and valid from the date designated on the permit. There would be no limit to the number of annual or other permits issued. Permits would be issued after the applicant reads educational materials and acknowledges in writing that he or she has read, understood, and agrees to abide by the rules governing ORV use in the recreation area. Permit applications would be available at headquarters (419 E. Broadway, Fitch, TX 79036) and on the recreation area's Web site. Completed permit applications could be submitted in person or mailed to the recreation area at Lake Meredith National Recreation Area, P.O. Box 1460, Fritch, TX 79036 or brought to headquarters. The NPS would process completed permit applications and provide a permit, or mail a permit, with instructions and educational materials to the applicant. After the applicant receives the permit, he or she would sign the permit and submit it to the park or mail it back to the park at the P.O. Box address. After the NPS receives the signed permit, it would provide or send a copy of the signed permit and a decal to the permit-holder to be affixed to the ORV. Violating the terms or conditions of any permit or failing to properly display the decal would be prohibited and may result in the suspension or revocation of the permit. [[Page 11970]] The NPS intends to recover the costs of administering the special use permit program under 54 U.S.C. 103104. In order to obtain a special use permit to operate a motor vehicle off roads in the recreational area, the proposed rule would require operators to pay a permit fee to allow the NPS to recover these costs. Designated Routes and Areas The proposed rule would prohibit ORV use in the recreational area except for designated areas, routes, and access points. These locations would be identified on maps located at headquarters (419 E. Broadway, Fitch, TX 79036) and on the recreation area's Web site. At Blue Creek, the proposed rule would designate the following areas, routes, and access points for ORV use: ------------------------------------------------------------------------ Designated locations for ORV use Part of a management zone? ------------------------------------------------------------------------ Blue Creek: Approximately 133.5 acres on the river Low Speed Zone (partial bottom. overlap). Approximately one linear mile of routes No. and access points to the river bottom that would be marked by carsonite posts or other visible markers. ------------------------------------------------------------------------ At Rosita, the proposed rule would designate the following areas, routes, and access points for ORV use: ------------------------------------------------------------------------ Designated locations for ORV use Part of a management zone? ------------------------------------------------------------------------ Rosita: Approximately 170.2 acres south of the No. Canadian River (currently denuded of vegetation) at the western border of LAMR where HWY 287 nears the recreation area. Approximately 65.2 acres south of the Hunting Zone (complete Canadian River and on the east side of overlap). Bull Taco Hill. Approximately 119.3 acres on the river Resource Protection Zone bottom. (partial overlap). Approximately 15.1 linear miles of Resource Protection Zone routes and access points to the river (partial overlap). bottom. Hunting Zone (complete overlap). Approximately 9.3 acres south of the Beginner Zone (complete Canadian River near HWY 287 that would overlap). be marked by cables. ------------------------------------------------------------------------ Management Zones As indicated in the tables above, the proposed rule would also establish management zones at Blue Creek and Rosita. In some locations, the areas, routes, and access points designated for ORV use would enter into one or more of these management zones. When this occurs, special restrictions would apply to ORV use. These zones would be designed to separate types of ORV use in the recreation area to avoid visitor conflict, protect the health and safety of visitors, and minimize impacts to natural and cultural resources. Zones would be identified on maps located at headquarters (419 E. Broadway, Fitch, TX 79036) and on the recreation area's Web site. The special restrictions for each management zone are described in the table below: ------------------------------------------------------------------------ Management zone Special restrictions ORV use location ------------------------------------------------------------------------ Beginner Zone............... Speed limit: 20mph Rosita. (unless otherwise posted). Marked for beginner ORV operators only.. Camping Zone................ Speed limit: 15mph Blue Creek. (unless otherwise posted). ORVs may only be Rosita. used to access the campground; recreational use prohibited. ORVs may not be used from 10pm-6am (unless otherwise posted), except that state- registered vehicles may be used during this time.. Hunting Zone................ Recreational ORV use Rosita. prohibited during Texas rifle hunting season; ORVs may be used for hunting during this season. Low-Speed Zone.............. Speed limit: 15 mph Blue Creek. (unless otherwise posted). Resource Protection Zone.... ORVs with a wheel Rosita. width greater than 65 inches are prohibited. ------------------------------------------------------------------------ Camping The proposed rule would establish rules related to camping in the recreation area. Tent camping (without motor vehicles) would be allowed anywhere in the recreation area except for designated ORV areas, routes, and access points and within 100 feet of these locations. At Blue Creek and Rosita, camping in a motor vehicle, including tent trailers, RVs, and vans, would be limited to marked camping zones. Operational and Vehicle Requirements ORV use would be prohibited on vegetation anywhere in the recreation area. Driving through isolated pools of water would be prohibited at Rosita regardless of time or season for the protection of the Arkansas River shiner. Isolated pools of water means water that is not connected to or touching flowing water. ORVs would be allowed to cross flowing river water via designated access points. The decibel limit for all ORVs in the recreation area would be 96 dba. NPS personnel would enforce this rule by stopping and testing the decibel level of any ORV suspected of exceeding the noise limit. Noise level would be measured using the SAE J1287 standard. The rule would require ATVs to have a whip--a pole, rod, or antenna--securely mounted to the vehicle that extends at [[Page 11971]] least eight feet from the surface of the ground with an orange colored safety flag at the top. The rule would require that ORVs have a functioning muffler system and functioning headlights and taillights if the ORV is operating at night. Operators would be required to use headlights and taillights starting one half hour before sunset and ending on half hour after sunrise. Glass containers (e.g., cups and bottles) would be prohibited in designated areas, routes, and access points, and in camping zones at Blue Creek and Rosita. Except for management zones with a slower speed limit, the speed limit would be 35 mph (unless otherwise posted) on ORV routes and 55 mph (unless otherwise posted) on the river bottom at Blue Creek and Rosita. Speed limits would be implemented for visitor safety and to reduce driving that may damage resources. The provisions of 36 CFR part 4 (Vehicles and Traffic Safety), including state laws adopted by 36 CFR 4.2, would continue to apply within the recreation area. Currently, Texas law includes, but is not limited to, the following rules about ORVs: ORVs must have an off-highway vehicle (OHV) use decal issued by the State of Texas. ATV operators must wear eye protection and helmets approved by the Texas Department of Transportation. ATV operators must possess valid safety certificates issued by the State of Texas under Section 663.031 of the Texas Transportation Code. ATV operators under the age of 14 must be accompanied by a parent or guardian. ATV operators may not carry passengers unless the vehicle is designed by the manufacturer for carrying passengers. Superintendent's Discretionary Authority The proposed rule would allow the superintendent to open or close designated areas, routes, or access points to motor vehicle use, or portions thereof, or impose conditions or restrictions for off-road motor vehicle use after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives. The superintendent would provide public notice of all such actions through one or more of the methods listed in 36 CFR 1.7. 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 that off-road vehicle use in such locations will not adversely affect their natural, aesthetic, or scenic values.'' Since the Executive Order clearly was not intended to prohibit all ORV use everywhere in these units, the term ``adversely affect'' does not have the same meaning as the somewhat similar terms ``adverse impact'' and ``adverse effect'' used in 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. LAMR is an area of the National Park System. Therefore, NPS interprets the Executive Order term ``adversely affect'' consistent with its NPS Management Policies 2006. Those policies require that the NPS only allow ``appropriate use'' of parks and avoid ``unacceptable impacts.'' This rule is consistent with those requirements. It will not impede attainment of the recreation area's desired future conditions for natural and cultural resources as identified in the FEIS. NPS has determined that this rule will not unreasonably interfere with the atmosphere of peace and tranquility or the natural soundscape maintained in natural locations within the recreation area. Therefore, within the context of the resources and values of the recreation area, motor vehicle use on the routes and areas designated by this rule would not cause an unacceptable impact to the natural, aesthetic, or scenic values of the recreation area. 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 EIS includes monitoring and resource protection procedures and periodic review to provide for the ongoing evaluation of impacts of motor vehicle use on protected resources. The superintendent has authority to take appropriate action as needed to protect the resources of the recreation area. Regulatory Planning and Review (Executive Orders 12866 and 13563) Executive Order 12866 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 this rule is not significant. Executive Order 13563 reaffirms the principles of Executive Order 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. Executive Order 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements. Regulatory Flexibility Act (RFA) This rule will not have a significant economic effect on a substantial number of small entities under the RFA (5 U.S.C. 601 et seq.). This certification is based on the cost-benefit and regulatory flexibility analyses found in the report entitled ``Benefit-Cost Analysis of ORV Use Regulations in Lake Meredith National Recreation Area'' that can be viewed online at http://parkplanning.nps.gov/lamr, by clicking the link entitled ``ORV Management Plan and Regulation'' and then clicking ``Document List.'' According to that report, no small entities would be directly regulated by the proposed rule, which would only regulate visitor use of ORVs. [[Page 11972]] Small Business Regulatory Enforcement Fairness Act (SBREFA) This rule is not a major rule under 5 U.S.C. 804(2), the SBREFA. This rule: (a) Does not have an annual effect on the economy of $100 million or more. (b) Will not cause a major increase in costs or prices for consumers, individual industries, federal, state, or local government agencies, or geographic regions. (c) Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S. based enterprises to compete with foreign-based enterprises. Unfunded Mandates Reform Act (UMRA) This rule does not impose an unfunded mandate on State, local, or tribal governments or the private sector of more than $100 million per year. The rule does not have a significant or unique effect on state, local or tribal governments or the private sector. The designated ORV routes and areas are located entirely within the recreation area, and would 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. 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 affect a taking of private property or otherwise have taking implications under Executive Order 12630. Access to private property adjacent to the recreation area will not be affected by this rule. 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. The proposed rule is limited in effect to federal lands managed by the NPS and would not have a substantial direct effect on state and local government. 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 Department's consultation policy and under the criteria in Executive Order 13175 and have determined that it has no substantial direct effects on federally recognized Indian tribes and that consultation under the Department's tribal consultation policy is not required. During scoping for the EIS, recreational area staff sent letters to the Apache Tribe of Oklahoma, Caddo Nation of Oklahoma, Comanche Nation, Cheyenne-Arapaho Tribe of Oklahoma, Delaware Nation of Oklahoma, Fort Sill Apache Tribe of Oklahoma, Jicarilla Apache Nation, Kiowa Indian Tribe of Oklahoma, Mescalero Apache Tribe, Wichita & Affiliated Tribes requesting information on any historic properties of religious or cultural significance to the Tribes that would be affected by the FEIS. The same tribes were contacted when the recreation area released the Off-Road Vehicle Management Plan/Draft Environmental Impact Statement in January 2013. These tribes have not informed NPS staff of any concerns over historic properties of religious or cultural significance. Paperwork Reduction Act (44 U.S.C. 3501 et seq.) This rule does not contain any new collections of information that require approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act. OMB has approved the information collection requirements associated with NPS Special Park Use Permits and has assigned OMB Control Number 1024-0026 (expires 08/31/16). 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 the FEIS under the NEPA. The FEIS is summarized above and available online at http://www.parkplanning.nps.gov/lamr, by clicking on the link entitled ``ORV Management Plan and Regulation'' and then clicking ``Document List.'' 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 (section 1(b)(12)), 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 we publish 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 we have not met these requirements, send us comments by one of the methods listed in the ADDRESSES section above. 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 you find unclear, which sections or sentences are too long, the sections where you feel lists or tables would be useful, etc. Drafting Information The primary authors of this regulation are Lindsay Gillham, Environmental Quality Division, National Park Service, and Jay P. Calhoun, Regulations Program Specialist, National Park Service. 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 above. 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. [[Page 11973]] While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. List of Subjects in 36 CFR Part 7 National parks, Reporting and recordkeeping requirements. In consideration of the foregoing, the National Park Service proposes to amend 36 CFR part 7 as follows: PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM 0 1. The authority citation for part 7 is revised to read as follows: Authority: 54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also issued under 36 U.S.C. 501-511, D.C. Code 10-137 (2001) and D.C. Code 50-2201 (2001). 0 2. In Sec. 7.57, revise paragraph (a) to read as follows: Sec. 7.57 Lake Meredith Recreation Area. (a) Off-road motor vehicle use. Operating a motor vehicle is allowed within the boundaries of Lake Meredith National Recreation Area off roads under the conditions in this paragraph (a). (1) Permit requirement. (i) A special use permit issued and administered by the superintendent is required to operate a motor vehicle off roads at designated locations at the recreation area. There is no limit to the number of permits that the Superintendent may issue. (ii) The NPS charges a fee to recover the costs of administering the special use permits. Permit applicants must pay the fee charged by the NPS in order to obtain a special use permit. (iii) Annual permits are valid for the calendar year for which they are issued. Three-day permits are valid on the day designated on the permit and the following two days. One-day permits are valid on the day designated on the permit. (iv) A permit applicant must acknowledge in writing that he or she understands the rules governing off-road vehicle use at the recreation area. (v) Each motor vehicle permitted to operate off roads must display an NPS decal issued by the superintendent and an off-highway vehicle (OHV) use decal issued by the State of Texas. The NPS decal must be affixed to the vehicle in a manner and location specified by the superintendent. (vi) Permits may be requested at the recreation area headquarters in Fritch, Texas and on the recreation area Web site. (2) Designated locations. The operation of a motor vehicle off roads within the recreation area is prohibited except at the locations designated by this paragraph (a). Designated locations are identified on maps available at the recreation area headquarters and on the recreation area Web site. (i) Permitted motor vehicles may be used off roads at the following locations at Blue Creek, an area at the northern end of the recreational area that empties into Lake Meredith: ------------------------------------------------------------------------ Designated locations for off-road motor vehicle use Part of a management zone? ------------------------------------------------------------------------ Blue Creek: Approximately 133.5 acres on the river Low Speed Zone (partial bottom. overlap). Approximately one linear mile of routes No. and access points to the river bottom that are marked by carsonite posts or other visible markers. ------------------------------------------------------------------------ (ii) Permitted motor vehicles may be used off roads at the following locations at Rosita, an area of the Canadian River at the southern end of the recreation area: ------------------------------------------------------------------------ Designated locations for off-road motor vehicle use Part of a management zone? ------------------------------------------------------------------------ Rosita: Approximately 170.2 acres south of the No. Canadian River (currently denuded of vegetation) at the western border of LAMR where HWY 287 nears the recreation area. Approximately 65.2 acres south of the Hunting Zone (complete Canadian River and on the east side of overlap). Bull Taco Hill. Approximately 119.3 acres on the river Resource Protection Zone bottom. (partial overlap). Approximately 15.1 linear miles of Resource Protection Zone routes and access points to the river (partial overlap). bottom. Hunting Zone (complete overlap). Approximately 9.3 acres south of the Beginner Zone (complete Canadian River near HWY 287 that are overlap). marked by cables. ------------------------------------------------------------------------ (3) Management zones. Some of the designated locations for off-road motor vehicle use enter into or abut one or more management zones that further manage this activity. These zones are identified on maps available at headquarters and on the recreation area Web site. Each zone has special restrictions governing off-road motor vehicle use as set forth in the following table: ------------------------------------------------------------------------ Zone Special restrictions Location ------------------------------------------------------------------------ Beginner Zone................. Speed limit: 20mph Rosita. (unless otherwise posted). Marked for beginner operators of off-road vehicles only.. Camping Zone.................. Speed limit: 15mph Rosita, Blue (unless otherwise Creek. posted). Off-road vehicles may only be used to access the campground; recreational use prohibited.. Off-road vehicles that are not registered in a state may not be used from 10pm-6am (unless otherwise posted).. Hunting Zone.................. Recreational off-road Rosita. vehicle use is prohibited during Texas rifle hunting season; off-road vehicles may be used for hunting during this season. [[Page 11974]] Low-Speed Zone................ Speed limit: 15 mph Blue Creek. (unless otherwise posted). Located approximately \1/2\ mile on either side of the FM 1913 bridge.. Resource Protection Zone...... Off-road vehicles with Rosita. a wheel width greater than 65 inches are prohibited. ------------------------------------------------------------------------ (4) Camping. The following restrictions apply to camping at Blue Creek and Rosita: (i) At Blue Creek and Rosita, camping in a motor vehicle, including tent trailers, RVs, and vans, is prohibited outside of marked camping zones. (ii) Tent camping (without motor vehicles) is allowed anywhere in the recreation area except for designated ORV areas, routes, and access points and within 100 feet of these locations. (5) Operational and vehicle requirements. The following requirements apply to the use of motor vehicles off roads in the recreation area: (i) At Rosita, operating a motor vehicle in an isolated pool of water that is not connected to or touching flowing water is prohibited. (ii) Operating a motor vehicle on vegetation is prohibited. (iii) Glass containers are prohibited in designated areas, routes, and access points, and in camping zones. (iv) Operating a motor vehicle in excess of 35 mph (unless otherwise posted) on designated routes and access points at Blue Creek and Rosita is prohibited. (v) Operating a motor vehicle in excess of the speed limits identified in paragraph (a)(3) (unless otherwise posted) in specific management zones is prohibited. (vi) Operating a motor vehicle in excess of 55 mph (unless otherwise posted) in the designated areas that are not part of a Low- Speed Zone on the river bottoms at Blue Creek and Rosita is prohibited. (vii) All ATVs (as defined under Texas Transportation Code 502.001) must be equipped with a whip--a pole, rod, or antenna--that is securely mounted on the vehicle and stands upright at least eight feet from the surface of the ground when the vehicle is stopped. This whip must have a solid red or orange safety flag with a minimum size of six inches by twelve inches that is attached no more than ten inches from the top of the whip. Flags must have a pennant, triangle, square, or rectangular shape. (viii) A motor vehicle must display lighted headlights and taillights during the period from one-half hour before sunset to one half hour after sunrise. (ix) Motor vehicles must have a functioning muffler system. Motor vehicles that emit more than 96 decibels of sound (using the SAE J1287 test standard) are prohibited. (x) Operating a motor vehicle with a wheel width greater than 65 inches in a Resource Protection Zone is prohibited. (6) Prohibited acts. Violating any provision of this paragraph (a), including the special restrictions for each management zone, or the terms, conditions, or requirements of an off-road vehicle permit is prohibited. A violation may also result in the suspension or revocation of the applicable permit by the superintendent. (7) Superintendent's authority. The superintendent may open or close designated areas, routes, or access points to motor vehicle use, or portions thereof, or impose conditions or restrictions for off-road motor vehicle use after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives. 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. Violating any such closure, condition, or restriction is prohibited. Dated: February 19, 2015. Michael Bean, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2015-05034 Filed 3-4-15; 8:45 am] BILLING CODE 4310-EJ-P
![11968 Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Proposed Rules
1. Opportunities for scientific or (21 CFR 10.205), representatives of the • Hand Deliver to: Superintendent,
technical advancements that would help media may be permitted, subject to Lake Meredith National Recreation
to overcome specific barriers for certain limitations, to videotape, film, or Area, 419 E. Broadway, Fritch, TX
industry that currently limit the otherwise record FDA’s public 79036.
availability of generic drug products. administrative proceedings, including Instructions: All submissions received
2. Innovative approaches to presentations by participants. The must include the agency name and RIN
preapproval development of generic hearing will be transcribed as stipulated for this rulemaking. Comments received
drugs, including new methodologies for in § 15.30(b) (see Transcripts under will be posted without change to http://
design and conduct of in vitro, ex vivo, ADDRESSES). To the extent that the www.regulations.gov, including any
and clinical studies and identification of conditions for the hearing, as described personal information provided. For
scientifically robust strategies for in this document, conflict with any additional information, see the ‘‘Public
demonstration of bioequivalence for provisions set out in part 15, this Participation’’ heading of the
various product classes. document acts as a waiver of those SUPPLEMENTARY INFORMATION section of
3. Innovations in scientific provisions as specified in § 15.30(h). this document.
approaches to evaluating the therapeutic Docket: For access to the docket to
Dated: February 23, 2015.
equivalence of generic drug products read background documents or
through later stages of their lifecycle Leslie Kux,
comments received, go to http://
following initial approval. Associate Commissioner for Policy. www.regulations.gov.
4. Identification of high-impact public [FR Doc. 2015–05018 Filed 3–4–15; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
health issues involving generic drugs BILLING CODE 4164–01–P
that can be addressed by the prioritized Robert Maguire, Superintendent, Lake
allocation of FY 2016 funding for Meredith National Recreation Area,
regulatory science research. Alibates Flint Quarries National
DEPARTMENT OF THE INTERIOR Monument, P.O. Box 1460, Fritch, Texas
5. Identification of specific issues
related to generic drug products where National Park Service 79036–1460, by phone at 806–857–
scientific recommendations and/or 3151, or by email at Robert_Maguire@
clarifications are needed in developing 36 CFR Part 7 nps.gov.
and/or revising FDA’s guidance for SUPPLEMENTARY INFORMATION:
[NPS–LAMR–17097; PPWONRADE2,
industry.
6. Strategies for enhancing quality and
PMP00EI05.YP0000] Purpose and Significance of Lake
equivalence risk management during RIN 1024–AD86
Meredith National Recreation Area
generic drug product development, Congress established Lake Meredith
during regulatory review, and/or Special Regulations; Areas of the National Recreation Area (LAMR or
throughout the drug product’s lifecycle National Park System, Lake Meredith recreation area) in 1990 ‘‘to provide for
following initial approval. National Recreation Area, Off-Road public outdoor recreation use and
FDA will consider all comments made Motor Vehicles enjoyment of the lands and waters
at this hearing or received through the associated with Lake Meredith in the
AGENCY: National Park Service, Interior.
docket (see Comments under State of Texas, and to protect the scenic,
ADDRESSES) as it develops its FY 2016 ACTION: Proposed rule. scientific, cultural, and other values
GDUFA Regulatory Science Plan. SUMMARY: The National Park Service contributing to the public enjoyment of
Additional information concerning proposes to amend its special such lands and waters. . . .’’ 16 U.S.C
GDUFA, including the text of the law regulations for Lake Meredith National 460eee.
and the commitment letter, can be Situated approximately 35 miles
Recreation Area to require permits to
found at http://www.fda.gov/gdufa. operate motor vehicles off roads, north of Amarillo, Texas within Potter,
designate areas and routes where motor Moore, Hutchinson, and Carson
VI. Notice of Hearing Under 21 CFR
vehicles may be used off roads, create counties, LAMR is approximately
Part 15
management zones that would further 45,000 acres in size and is the largest
The Commissioner of Food and Drugs public landmass in the Texas
is announcing that the public hearing manage this activity, and establish
Panhandle. LAMR includes a variety of
will be held in accordance with 21 CFR camping, operational, and vehicle
habitats that are uncommon in the
part 15. The hearing will be conducted requirements. These changes would
region, including aquatic, wetland, and
by a presiding officer, who will be allow off-road vehicle use for recreation
while reducing associated impacts to riparian areas, and one of the few areas
accompanied by FDA senior in the region with trees. The natural and
management from the Office of the resources. Unless authorized by special
regulation, operating a motor vehicle off geologic resources of the area have
Commissioner and the Center for Drug enabled a continuum of human
Evaluation and Research. Under roads within areas of the National Park
System is prohibited. presence in the area for more than
§ 15.30(f) (21 CFR 15.30), the hearing is 13,000 years. The exposed geologic
informal and the rules of evidence do DATES: Comments must be received by features on the walls of the Canadian
not apply. No participant may interrupt May 4, 2015. River valley (i.e., the ‘‘breaks’’) reveal
the presentation of another participant. ADDRESSES: You may submit comments, active geologic processes that are easily
Only the presiding officer and panel identified by the Regulation Identifier
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visible to an extent not present
members may pose questions; they may Number (RIN) 1024–AD86, by any of the elsewhere in the region. The recreation
question any person during or at the following methods: area is also home to the Arkansas River
conclusion of each presentation. Public • Federal eRulemaking Portal: http:// shiner (Notropis girardi), a fish species
hearings under part 15 are subject to www.regulations.gov. Follow the that is federally listed as threatened.
FDA’s policy and procedures for instructions for submitting comments.
electronic media coverage of FDA’s • Mail: Superintendent, Lake Authority To Promulgate Regulations
public administrative proceedings (21 Meredith National Recreation Area, P.O. The National Park Service (NPS)
CFR part 10, subpart C). Under § 10.205 Box 1460, Fritch, TX 79036. manages LAMR under statute
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![Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Proposed Rules 11969
commonly known as the NPS Organic end of the recreation area. ORV use at FEIS. The FEIS, which describes the
Act of 1916 (Organic Act) (54 U.S.C. Rosita is in the Canadian River bed as purpose and need for taking action, the
100101 et seq.), which gives the NPS well as the surrounding hills, in some alternatives considered, the scoping
broad authority to regulate the use of the cases out to a mile or more. Although process and public participation, the
park areas under its jurisdiction. The the authorized area is below the 3,000- affected environment and
Organic Act authorizes the Secretary of foot elevation line, and ORV use outside environmental consequences, and
the Interior, acting through NPS, to the authorized area is prohibited, it is consultation and coordination, may be
‘‘prescribe such regulations as the difficult for ORV users to determine the viewed on the recreation area’s planning
Secretary considers necessary or proper exact location of the 3,000-foot elevation Web site at http://parkplanning.nps.
for the use and management of [National line. gov/lamr, by clicking the link entitled
Park] System units.’’ 54 U.S.C. Changes in ORV Use at LAMR ‘‘ORV Management Plan and
100751(a). Regulation’’ and then clicking
Executive Order 11644, Use of Off- ORV use at Blue Creek and Rosita has ‘‘Document List.’’
Road Vehicles on the Public Lands, changed considerably since the areas
were designated by special regulation in Proposed Rule
issued in 1972 and amended by
Executive Order 11989 in 1977, required 1975, both in intensity and the types of Fee Permit System
federal agencies to issue regulations vehicles used. ORV use has taken place
at Blue Creek and Rosita since at least The proposed rule would require a
designating specific areas and routes on special use permit to operate a motor
public lands where the use of off-road the 1950s. Throughout the 1960s, ORVs
primarily consisted of a small number of vehicle off roads in the recreational
vehicles may be used. NPS area. With each permit the NPS would
implemented these Executive Orders in ‘‘river buggies’’ crafted from old
automobiles to operate in the Canadian issue a decal that would be required to
36 CFR 4.10. be affixed to each vehicle in a manner
Under 36 CFR 4.10, the use of motor River bottom. A few people used dirt
bikes, motorcycles, or surplus military and location determined by the
vehicles off established roads is not superintendent. Decals would be
permitted unless routes and areas are vehicles to access the area. Standard
four-wheel-drive vehicles were rarely required for each ORV operating in the
designated for off-road motor vehicle recreation area or transported into the
use by special regulation. Under 36 CFR seen.
Today, visitors use a variety of vehicle recreation area on a trailer. Families
4.10(b), such routes and areas ‘‘may be could submit a single application for
designated only in national recreation types, including all-terrain vehicles
(ATVs), utility task vehicles (UTVs), special use permits for multiple vehicles
areas, national seashores, national that are registered to members of that
lakeshores and national preserves.’’ The dune buggies, rock crawlers, and
standard four-wheel-drive vehicles. family. Annual permits would be valid
proposed rule would designate routes for the calendar year the permit is
and areas where motor vehicles may be Regardless of the vehicle type, the
majority of ORV use at LAMR has been issued; three-day and one-day permits
used off roads in compliance with 36 would also be available and valid from
CFR 4.10 and Executive Orders 11644 and continues to be for recreation,
rather than transportation. ORV users the date designated on the permit. There
and 11989. The proposed rule would would be no limit to the number of
replace regulations promulgated in 1975 are both local and from other urban
areas, especially at Rosita. ORV use is annual or other permits issued.
that designate areas for off-road vehicle Permits would be issued after the
(ORV) use. often, but not always, family focused. In
February, an annual three-day event applicant reads educational materials
Off-Road Motor Vehicle Use at LAMR called Sand Drags is held just outside and acknowledges in writing that he or
the recreation area north of Rosita. This she has read, understood, and agrees to
Designated ORV Use Areas abide by the rules governing ORV use in
locally sponsored racing event draws
LAMR provides a variety of visitor approximately 30,000 visitors to the the recreation area. Permit applications
experiences, including the use of ORVs. area, including hundreds of would be available at headquarters (419
In 1975, the NPS promulgated a special motorcycles, four wheelers, sand rails, E. Broadway, Fitch, TX 79036) and on
regulation (40 FR 762, January 3, 1975) and river buggies. This event results in the recreation area’s Web site.
at 36 CFR 7.57(a) designating two ORV the highest annual visitation to the Completed permit applications could be
use areas at LAMR: (i) Blue Creek, with recreation area with a notable increase submitted in person or mailed to the
275 acres for ORV use in the creek in recreational ORV use. recreation area at Lake Meredith
bottom between the cutbanks; and (ii) Changes in the intensity and type of National Recreation Area, P.O. Box
Rosita, with approximately 1,740 acres ORV use at LAMR have impacted 1460, Fritch, TX 79036 or brought to
for ORV use below the 3,000-foot natural and cultural resources and headquarters. The NPS would process
elevation line. These two areas remain raised concerns about visitor completed permit applications and
the only areas designated for ORV use experience, health, and safety. Impacted provide a permit, or mail a permit, with
in the recreational area. resources include soils, vegetation, instructions and educational materials
The Blue Creek ORV area is in the water, soundscapes, wildlife and to the applicant. After the applicant
Blue Creek riparian area at the northern wildlife habitat, threatened species, and receives the permit, he or she would
end of the recreational area that empties archeological sites. These impacts are sign the permit and submit it to the park
into Lake Meredith. ORV use at Blue described in the January 2015 Final Off- or mail it back to the park at the P.O.
Creek is allowed only in the creek Box address. After the NPS receives the
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Road Vehicle Management Plan/
bottom along both sides from cutbank to Environmental Impact Statement (FEIS) signed permit, it would provide or send
cutbank. Cutbanks, also known as river- that is discussed below. a copy of the signed permit and a decal
cut cliffs, are the outside banks of a to the permit-holder to be affixed to the
water channel and are located at the Off-Road Vehicle Management Plan/ ORV. Violating the terms or conditions
base of the hills at the edges of the creek Environmental Impact Statement of any permit or failing to properly
bed. The proposed rule would implement display the decal would be prohibited
The Rosita ORV area is a riparian area the preferred alternative (Alternative D) and may result in the suspension or
of the Canadian River at the southern for the recreation area described in the revocation of the permit.
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![Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Proposed Rules 11971
least eight feet from the surface of the Compliance With Other Laws, information gathered, agency heads may
ground with an orange colored safety Executive Orders, and Department from time to time amend or rescind
flag at the top. The rule would require Policy—Use of Off-Road Vehicles on the designations of areas or other actions as
that ORVs have a functioning muffler Public Lands (Executive Orders 11644 necessary to further the policy of the
system and functioning headlights and and 11989) Executive Order. The preferred
taillights if the ORV is operating at Executive Order 11644, as amended alternative in the EIS includes
night. Operators would be required to by Executive Order 11989, was adopted monitoring and resource protection
use headlights and taillights starting one to address impacts on public lands from procedures and periodic review to
half hour before sunset and ending on ORV use. The Executive Order applies provide for the ongoing evaluation of
half hour after sunrise. Glass containers to ORV use on federal public lands that impacts of motor vehicle use on
(e.g., cups and bottles) would be is not authorized under a valid lease, protected resources. The superintendent
prohibited in designated areas, routes, permit, contract, or license. Section has authority to take appropriate action
and access points, and in camping zones 3(a)(4) of Executive Order 11644 as needed to protect the resources of the
at Blue Creek and Rosita. Except for provides that ORV ‘‘[a]reas and trails recreation area.
management zones with a slower speed shall be located in areas of the National
Park System, Natural Areas, or National Regulatory Planning and Review
limit, the speed limit would be 35 mph
Wildlife Refuges and Game Ranges only (Executive Orders 12866 and 13563)
(unless otherwise posted) on ORV
routes and 55 mph (unless otherwise if the respective agency head determines
Executive Order 12866 provides that
posted) on the river bottom at Blue that off-road vehicle use in such
locations will not adversely affect their the Office of Information and Regulatory
Creek and Rosita. Speed limits would be Affairs (OIRA) in the Office of
natural, aesthetic, or scenic values.’’
implemented for visitor safety and to Management and Budget will review all
Since the Executive Order clearly was
reduce driving that may damage significant rules. OIRA has determined
not intended to prohibit all ORV use
resources. that this rule is not significant.
everywhere in these units, the term
The provisions of 36 CFR part 4 ‘‘adversely affect’’ does not have the Executive Order 13563 reaffirms the
(Vehicles and Traffic Safety), including same meaning as the somewhat similar principles of Executive Order 12866
state laws adopted by 36 CFR 4.2, would terms ‘‘adverse impact’’ and ‘‘adverse while calling for improvements in the
continue to apply within the recreation effect’’ used in the National nation’s regulatory system to promote
area. Currently, Texas law includes, but Environmental Policy Act of 1969 predictability, to reduce uncertainty,
is not limited to, the following rules (NEPA). In analyses under NEPA, a and to use the best, most innovative,
about ORVs: procedural statute that provides for the and least burdensome tools for
• ORVs must have an off-highway study of environmental impacts, the achieving regulatory ends. The
term ‘‘adverse effect’’ includes minor or executive order directs agencies to
vehicle (OHV) use decal issued by the
negligible effects. consider regulatory approaches that
State of Texas.
Section 3(a)(4) of the Executive Order,
• ATV operators must wear eye reduce burdens and maintain flexibility
by contrast, concerns substantive
protection and helmets approved by the and freedom of choice for the public
management decisions and must be read
Texas Department of Transportation. in the context of the authorities where these approaches are relevant,
applicable to such decisions. LAMR is feasible, and consistent with regulatory
• ATV operators must possess valid objectives. Executive Order 13563
safety certificates issued by the State of an area of the National Park System.
Therefore, NPS interprets the Executive emphasizes further that regulations
Texas under Section 663.031 of the must be based on the best available
Texas Transportation Code. Order term ‘‘adversely affect’’ consistent
with its NPS Management Policies 2006. science and that the rulemaking process
• ATV operators under the age of 14 Those policies require that the NPS only must allow for public participation and
must be accompanied by a parent or allow ‘‘appropriate use’’ of parks and an open exchange of ideas. We have
guardian. avoid ‘‘unacceptable impacts.’’ developed this rule in a manner
• ATV operators may not carry This rule is consistent with those consistent with these requirements.
passengers unless the vehicle is requirements. It will not impede
attainment of the recreation area’s Regulatory Flexibility Act (RFA)
designed by the manufacturer for
carrying passengers. desired future conditions for natural This rule will not have a significant
and cultural resources as identified in economic effect on a substantial number
Superintendent’s Discretionary the FEIS. NPS has determined that this of small entities under the RFA (5
Authority rule will not unreasonably interfere U.S.C. 601 et seq.). This certification is
with the atmosphere of peace and based on the cost-benefit and regulatory
The proposed rule would allow the tranquility or the natural soundscape
superintendent to open or close flexibility analyses found in the report
maintained in natural locations within
designated areas, routes, or access entitled ‘‘Benefit-Cost Analysis of ORV
the recreation area. Therefore, within
points to motor vehicle use, or portions the context of the resources and values Use Regulations in Lake Meredith
thereof, or impose conditions or of the recreation area, motor vehicle use National Recreation Area’’ that can be
restrictions for off-road motor vehicle on the routes and areas designated by viewed online at http://parkplanning.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
use after taking into consideration this rule would not cause an nps.gov/lamr, by clicking the link
public health and safety, natural and unacceptable impact to the natural, entitled ‘‘ORV Management Plan and
cultural resource protection, and other aesthetic, or scenic values of the Regulation’’ and then clicking
management activities and objectives. recreation area. ‘‘Document List.’’ According to that
The superintendent would provide Section 8(a) of the Executive Order report, no small entities would be
public notice of all such actions through requires agency heads to monitor the directly regulated by the proposed rule,
one or more of the methods listed in 36 effects of ORV use on lands under their which would only regulate visitor use of
CFR 1.7. jurisdictions. On the basis of ORVs.
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![11974 Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Proposed Rules
Zone Special restrictions Location
Low-Speed Zone ............................. Speed limit: 15 mph (unless otherwise posted) .................................... Blue Creek.
Located approximately 1⁄2 mile on either side of the FM 1913 bridge.
Resource Protection Zone .............. Off-road vehicles with a wheel width greater than 65 inches are pro- Rosita.
hibited.
(4) Camping. The following vehicles that emit more than 96 decibels Environment and Conservation, on
restrictions apply to camping at Blue of sound (using the SAE J1287 test January 5, 2015, to address the
Creek and Rosita: standard) are prohibited. emissions statement requirement for the
(i) At Blue Creek and Rosita, camping (x) Operating a motor vehicle with a 2008 8-hour ozone national ambient air
in a motor vehicle, including tent wheel width greater than 65 inches in quality standards (NAAQS). The
trailers, RVs, and vans, is prohibited a Resource Protection Zone is revision affects Davidson, Rutherford,
outside of marked camping zones. prohibited. Shelby, Sumner, Knox, Blount,
(ii) Tent camping (without motor (6) Prohibited acts. Violating any Anderson, Williamson, and Wilson
vehicles) is allowed anywhere in the provision of this paragraph (a), Counties. Annual emissions statements
recreation area except for designated including the special restrictions for are required for certain sources in all
ORV areas, routes, and access points each management zone, or the terms, ozone nonattainment areas. These
and within 100 feet of these locations. conditions, or requirements of an off- changes address requirements for the
(5) Operational and vehicle road vehicle permit is prohibited. A Knoxville, Tennessee 2008 8-hour ozone
requirements. The following violation may also result in the NAAQS nonattainment area (hereinafter
requirements apply to the use of motor suspension or revocation of the referred to as the Knoxville Area) and
vehicles off roads in the recreation area: applicable permit by the the Tennessee portion of the Memphis,
(i) At Rosita, operating a motor superintendent. Tennessee-Arkansas-Mississippi 2008 8-
vehicle in an isolated pool of water that (7) Superintendent’s authority. The hour ozone NAAQS nonattainment area
is not connected to or touching flowing superintendent may open or close (hereinafter referred to as the Memphis
water is prohibited. designated areas, routes, or access Area). The Knoxville Area is comprised
(ii) Operating a motor vehicle on points to motor vehicle use, or portions of Knox and Blount County, and a
vegetation is prohibited. thereof, or impose conditions or portion of Anderson County, Tennessee,
(iii) Glass containers are prohibited in restrictions for off-road motor vehicle and the Tennessee portion of the
designated areas, routes, and access use after taking into consideration Memphis Area is comprised of Shelby
points, and in camping zones. public health and safety, natural and County, Tennessee. Davidson,
(iv) Operating a motor vehicle in cultural resource protection, and other Rutherford, Sumner, Williamson,
excess of 35 mph (unless otherwise management activities and objectives. Wilson and the remaining portion of
posted) on designated routes and access The superintendent will provide public Anderson County are not part of an
points at Blue Creek and Rosita is notice of all such actions through one or ozone nonattainment area.
prohibited. more of the methods listed in § 1.7 of DATES: Written comments must be
(v) Operating a motor vehicle in this chapter. Violating any such closure, received on or before April 6, 2015.
excess of the speed limits identified in condition, or restriction is prohibited. ADDRESSES: Submit your comments,
paragraph (a)(3) (unless otherwise Dated: February 19, 2015. identified by Docket ID No. EPA–R04–
posted) in specific management zones is Michael Bean, OAR–2014–0810 by one of the following
prohibited. methods:
Principal Deputy Assistant Secretary for Fish
(vi) Operating a motor vehicle in and Wildlife and Parks. 1. www.regulations.gov: Follow the
excess of 55 mph (unless otherwise on-line instructions for submitting
[FR Doc. 2015–05034 Filed 3–4–15; 8:45 am]
posted) in the designated areas that are comments.
BILLING CODE 4310–EJ–P
not part of a Low-Speed Zone on the 2. Email: R4-ARMS@epa.gov.
river bottoms at Blue Creek and Rosita 3. Fax: (404) 562–9019.
is prohibited. 4. Mail: ‘‘EPA–R04–OAR–2014–
(vii) All ATVs (as defined under ENVIRONMENTAL PROTECTION 0810,’’ Air Regulatory Management
Texas Transportation Code 502.001) AGENCY Section (formerly the Regulatory
must be equipped with a whip—a pole, Development Section), Air Planning and
40 CFR Part 52
rod, or antenna—that is securely Implementation Branch (formerly the
mounted on the vehicle and stands [EPA–R04–OAR–2014–0810; FRL–9923–93– Air Planning Branch), Air, Pesticides
upright at least eight feet from the Region 4] and Toxics Management Division, U.S.
surface of the ground when the vehicle Environmental Protection Agency,
is stopped. This whip must have a solid Approval and Promulgation of Region 4, 61 Forsyth Street SW.,
red or orange safety flag with a Implementation Plans; Tennessee; Atlanta, Georgia 30303–8960.
minimum size of six inches by twelve Emissions Statement Requirement for 5. Hand Delivery or Courier: Lynorae
inches that is attached no more than ten the 2008 8-Hour Ozone Standard Benjamin, Chief, Air Regulatory
inches from the top of the whip. Flags Management Section, Air Planning and
mstockstill on DSK4VPTVN1PROD with PROPOSALS
AGENCY: Environmental Protection
must have a pennant, triangle, square, or Agency. Implementation Branch, Air, Pesticides
rectangular shape. ACTION: Proposed rule. and Toxics Management Division, U.S.
(viii) A motor vehicle must display Environmental Protection Agency,
lighted headlights and taillights during SUMMARY: The Environmental Protection Region 4, 61 Forsyth Street SW.,
the period from one-half hour before Agency (EPA) is proposing to approve a Atlanta, Georgia 30303–8960. Such
sunset to one half hour after sunrise. state implementation plan revision deliveries are only accepted during the
(ix) Motor vehicles must have a submitted by the State of Tennessee, Regional Office’s normal hours of
functioning muffler system. Motor through the Tennessee Department of operation. The Regional Office’s official
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Document Created: 2015-12-18 12:09:35
Document Modified: 2015-12-18 12:09:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received by May 4, 2015. | |
| Contact | Robert Maguire, Superintendent, Lake Meredith National Recreation Area, Alibates Flint Quarries National Monument, P.O. Box 1460, Fritch, Texas 79036-1460, by phone at 806-857- 3151, or by email at [email protected] | |
| FR Citation | 80 FR 11968 | |
| RIN Number | 1024-AD86 | |
| CFR Associated | National Parks and Reporting and Recordkeeping Requirements |
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