80 FR 55259 - 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 178 (September 15, 2015)
National Park Service
Federal Register Volume 80, Issue 178 (September 15, 2015)
| Page Range | 55259-55266 | |
| FR Document | 2015-23168 |
[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)] [Rules and Regulations] [Pages 55259-55266] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-23168] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Part 7 [NPS-LAMR-18708; 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: Final rule. ----------------------------------------------------------------------- SUMMARY: The National Park Service is amending 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 will further manage this activity, and establish camping, operational, and vehicle requirements. These changes will 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: This rule is effective October 15, 2015. FOR FURTHER INFORMATION CONTACT: Robert Maguire, Superintendent, Lake Meredith National Recreation Area, P.O. Box 1460, Fritch, Texas 79036- 1460, by phone at 806-857-3151, or by email at [email protected]. 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 [[Page 55260]] 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 the statute 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, requires federal agencies to issue regulations designating specific areas and routes on public lands where the use of off-road vehicles may be used. The 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 rule will 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 rule will 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 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 rule will implement the preferred alternative (Alternative D) for the recreation area described in the FEIS. On June 26, 2015, the Regional Director of the Intermountain Region signed a Record of Decision (ROD) identifying the preferred alternative as the selected action. 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, and the ROD 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.'' Final Rule Fee Permit System The rule will require a special use permit to operate a motor vehicle off road in the recreation area. With each permit the NPS will issue a decal that must be affixed to each vehicle in a manner and location determined by the superintendent. Decals will be required for each ORV operating in the recreation area or transported into the recreation area on a trailer. Families may submit a single application for special use permits for multiple vehicles that are registered or titled to members of that family. Annual permits will be valid for the calendar year the permit is issued; three-day and one-day permits will also be available and valid from the date designated on the permit. There will be no limit to the number of annual or other permits issued. Permits will 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 terms in the permit governing ORV use in the recreation area. The permittee who signs the permit will be the responsible party for all vehicles listed on the permit, and must keep a hard copy of the permit with them on-site when the permittee or another person is operating the vehicle in the recreation area. The permittee is [[Page 55261]] responsible for the actions of all operators of a permitted vehicle, including compliance with the terms and conditions of the permit. Permit applications (NPS Form 10-933, ``Application for Special Use Permit--Vehicle/Watercraft Use'') will be available at headquarters (419 E. Broadway, Fitch, TX 79036) and on the recreation area's Web site. Completed permit applications may be submitted in person at headquarters or mailed to the recreation area at Lake Meredith National Recreation Area, P.O. Box 1460, Fritch, TX 79036. The NPS will 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 will 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 will provide or send a copy of the signed permit and a decal (to be affixed to the ORV) to the permit-holder. Violating the terms or conditions of any permit or failing to properly display the decal will be prohibited and may result in the suspension or revocation of the permit. 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 rule will require applicants to pay a permit fee to allow the NPS to recover these costs. The NPS will post a fee schedule at the recreation area and on the recreation area's Web site. The initial fee will be $40.00 per application, no matter how many vehicles are included in the application. Designated Routes and Areas The rule will prohibit ORV use in the recreation area except for designated areas, routes, and access points. These locations will be identified on maps located at headquarters (419 E. Broadway, Fitch, TX 79036) and on the recreation area's Web site, and will be marked on the ground with signs, posts, or cables. At Blue Creek, the rule will designate the following areas, routes, and access points for ORV use: ------------------------------------------------------------------------ Designated locations Part of a for ORV use management zone? ------------------------------------------------------------------------ Blue Creek.................... Approximately 133.5 Low Speed Zone acres on the river (partial bottom. overlap). Approximately one No. linear mile of routes and access points to the river bottom. ------------------------------------------------------------------------ At Rosita, the rule will designate the following areas, routes, and access points for ORV use: ------------------------------------------------------------------------ Designated locations Part of a for ORV use management zone? ------------------------------------------------------------------------ Rosita........................ Approximately 170.2 No. acres south of the Canadian River (currently denuded of vegetation) at the western border of LAMR where HWY 287 nears the recreation area. Approximately 65.2 Hunting Zone acres south of the (complete Canadian River and on overlap). the east side of Bull Taco Hill. Approximately 119.3 Resource acres on the river Protection Zone bottom. (partial overlap). Approximately 15.1 Resource linear miles of Protection Zone routes and access (partial points to the river overlap). bottom. Hunting Zone (complete overlap). Approximately one Beginner Zone linear mile of routes (complete south of the Canadian overlap). River near HWY 287. ------------------------------------------------------------------------ Management Zones As indicated in the tables above, the rule will also establish management zones at Blue Creek and Rosita. In some locations, the areas, routes, and access points designated for ORV use will enter into one or more of these management zones. When this occurs, special restrictions will apply to ORV use. These zones are 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 will 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: 20 mph Rosita. (unless otherwise posted). Routes marked for beginner ORV operators only. Camping Zone.................. Speed limit: 15 mph Blue Creek. (unless otherwise Rosita. posted). ORVs may only be used to access the campground; recreational use prohibited.. ORVs may not be used from 10 p.m.-6 a.m. (unless otherwise posted), except that state-registered vehicles may be used during this time. Hunting Zone.................. ORVs may be used only Rosita. for hunting during the Texas general white-tailed deer season. Low-Speed Zone................ Speed limit: 15 mph Blue Creek. (unless otherwise posted). [[Page 55262]] Resource Protection Zone...... ORVs with a wheel Rosita. width greater than 65 inches are prohibited. ------------------------------------------------------------------------ Camping In addition to conditions for camping established by the Superintendent in the recreation area's compendium, the rule will establish rules related to camping at Blue Creek and Rosita. Camping will be prohibited in designated ORV areas, routes, and access points and within 100 feet of these locations, except for marked camping zones where camping will be allowed in or next to a motor vehicle, including a tent trailer, RV, or van. Operational and Vehicle Requirements ORV use will be prohibited on vegetation anywhere in the recreation area. Driving through isolated pools of water will 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 will be allowed to cross flowing river water if they enter and exit the river bottom via designated access points. The decibel limit for all ORVs in the recreation area will be 96 dba. NPS personnel will enforce this rule by stopping and testing the decibel level of any ORV suspected of exceeding the noise limit. Noise level will be measured using the SAE J1287 standard. The rule will require ATVs to have a whip--a pole, rod, or antenna-- securely mounted to the vehicle that extends at least eight feet from the surface of the ground with an orange colored safety flag at the top. The rule will define ATVs using the definition currently found in Texas Transportation Code 502.001. The rule will require that ORVs have a functioning muffler system and functioning headlights and taillights if the ORV is operating at night. Operators will be required to use headlights and taillights starting one half hour before sunset and ending one half hour after sunrise. Glass containers (e.g., cups and bottles) will 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 will 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 will 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, will 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 rule will 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 will provide public notice of all such actions through one or more of the methods listed in 36 CFR 1.7. Summary of Public Comments The NPS published the proposed rule at 80 FR 11968 (March 5, 2015). The NPS accepted comments through the mail, hand delivery, and through the Federal eRulemaking Portal at http://www.regulations.gov. Comments were accepted through May 4, 2015. The NPS received one comment on the proposed rule. A summary of this comment and the NPS responses are provided below. After considering the public comments and after additional review, the NPS did not make any substantive changes to the proposed rule. The final rule contains the following clarifications: All designated ORV locations will be marked on the ground by signs, posts, or cables. Provides the linear mileage of designated routes in the beginner zone. Clarifies that the restrictions in the hunting zone apply during the Texas general white-tailed deer season, rather than the more general rifle hunting season. Comment: The commenter suggested that, due to the proposed speed limits, the overnight camping zone in Rosita can be used by beginner riders and therefore the beginner zone is unnecessary. NPS Response: For the safety of all campers including children, the NPS determined that recreational ORV use should occur outside of the camping zones. In the camping zones, ORVs will be allowed only to access the campground; recreational ORV use will be prohibited. The beginner zone was requested by the public during the scoping process for the EIS and will be established so that beginners have a safe environment to learn how to drive for recreation without potential collisions with campers who are likely to be outside of their vehicles, or ORVs traveling at fast speeds. Comment: The commenter stated that education on signs and on the recreation area Web site, and the requirement to obtain a permit and decal is better than requiring ORVs to stay on designated trails. This comment also stated that ORVs should be allowed to cross or ride on the river bed at Rosita, especially when the water level is low. NPS Response: There are designated ORV areas in Rosita where ORVs will not have to stay on designated routes or access points. The designated areas will be delineated on the ground by signs, posts or cables. Education through signs, Web sites, written materials, or the permit system is an important tool for informing visitors about the importance of staying on designated routes, access points, and within the designated ORV areas. ORVs will be permitted to enter and exit the river bottom in Rosita only at designated access points. Designated access points are necessary to protect the Arkansas river shiner and shoreline vegetation and to reduce erosion. ORV use within the river bottom, including through flowing water but excluding isolated pools of water, will be permitted because the river bottom is a designated ORV route. Comment: The commenter suggested that, in Rosita, recreational ORVs be allowed in the hunting zone in the afternoon and at night during hunting season when there will no longer be an opportunity to harvest game. NPS Response: Hunters may be using weapons within the hunting zone [[Page 55263]] throughout the general white-tailed deer season during daylight hours. For visitor protection and to avoid confusion about when ORVs may be used for recreational purposes in the hunting zone, the rule will prohibit recreational ORV use in the hunting zone only during the general white-tailed deer season, but at all times of day or night. 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 or applicable to the nature of the land management unit. LAMR is an area of the National Park System. 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 will 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 and13563) 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 will be directly regulated by the rule, which will only regulate visitor use of ORVs. 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 will not result in direct expenditure by state, local, or tribal governments. This rule addresses public use of NPS lands, and imposes no requirements on other agencies or governments. 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 rule is limited in effect to federal lands managed by the NPS and will not have a substantial direct effect on state and local government. A Federalism summary impact statement is not required. [[Page 55264]] Civil Justice Reform (Executive Order 12988) This rule complies with the requirements of Executive Order 12988. Specifically, this rule: (a) Meets the criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and (b) Meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards. Consultation With Indian Tribes (Executive Order 13175 and Department Policy) The Department of the Interior strives to strengthen its government-to-government relationship with Indian Tribes through a commitment to consultation with Indian Tribes and recognition of their right to self-governance and tribal sovereignty. We have evaluated this rule under the criteria in Executive Order 13175 and under the Department's tribal consultation policy and have determined that tribal consultation is not required because the rule will have no substantial direct effect on federally recognized Indian tribes. 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 will 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 and the ROD under the NEPA. The FEIS and ROD are 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. Drafting Information The primary authors of this regulation are Lindsay Gillham, NPS Environmental Quality Division, and Jay Calhoun, NPS Regulations Program Specialist. List of Subjects in 36 CFR Part 7 National parks, Reporting and recordkeeping requirements. In consideration of the foregoing, the National Park Service amends 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. In Sec. 7.57, revise paragraph (a) to read as follows: Sec. 7.57 Lake Meredith National Recreation Area. (a)(1) What terms do I need to know? In addition to the definitions found in Sec. 1.4 of this chapter, the following definition applies to this Sec. 7.57 only. All-terrain vehicle or ATV means a motor vehicle that is: (i) Equipped with a seat or seats for the use of the rider and a passenger, if the motor vehicle is designed by the manufacturer to transport a passenger; (ii) Designed to propel itself with three or more tires in contact with the ground; (iii) Designed by the manufacturer for off-highway use; (iv) Not designed by the manufacturer primarily for farming or lawn care; and (v) Not more than 50 inches wide. (2) 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). (3) 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 in 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 in the recreation area. (v) Each motor vehicle permitted to operate off roads must display an NPS decal issued by the superintendent. The NPS decal must be affixed to the vehicle in a manner and location specified by the superintendent. (vi) Permits may be requested from the recreation area headquarters in Fritch, Texas, or on the recreation area Web site. (4) Designated locations. (i) 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, and are marked on the ground with signs, posts, or cables. (ii) 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: [[Page 55265]] ------------------------------------------------------------------------ Designated locations for off-road motor Part of a vehicle use management zone? ------------------------------------------------------------------------ Blue Creek.................... Approximately 133.5 Low Speed Zone acres on the river (partial bottom. overlap). Approximately one No. linear mile of routes and access points to the river bottom. ------------------------------------------------------------------------ (iii) 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 Part of a vehicle use management zone? ------------------------------------------------------------------------ Rosita........................ Approximately 170.2 No. acres south of the Canadian River (currently denuded of vegetation) at the western border of LAMR where HWY 287 nears the recreation area. Approximately 65.2 Hunting Zone acres south of the (complete Canadian River and on overlap). the east side of Bull Taco Hill. Approximately 119.3 Resource acres on the river Protection Zone bottom. (partial overlap). Approximately 15.1 Resource linear miles of Protection Zone routes and access (partial points to the river overlap). bottom. Hunting Zone (complete overlap). Approximately one Beginner Zone linear mile of routes (complete south of the Canadian overlap). River near HWY 287. ------------------------------------------------------------------------ (5) 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: 20 mph (unless otherwise posted). Routes marked for Rosita. beginner operators of off-road vehicles only. Camping Zone.................. Speed limit: 15 mph (unless otherwise posted). Off-road vehicles may Rosita. only be used to Blue Creek. access the campground; recreational use prohibited. Off-road vehicles that are not registered in a state may not be used from 10 p.m.-6 a.m. (unless otherwise posted). Hunting Zone.................. Off-road vehicles may Rosita. be used only for hunting during the Texas general white- tailed deer season. Low-Speed Zone................ Speed limit: 15 mph (unless otherwise posted). Located approximately Blue Creek. \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. ------------------------------------------------------------------------ (6) Camping at Blue Creek and Rosita. Camping is prohibited in designated ORV areas, routes, and access points and within 100 feet of these locations, except for marked camping zones where camping is allowed in or next to a motor vehicle, including a tent trailer, RV, or van. (7) 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)(5) (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 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. (8) Prohibited acts. Violating any provision of this paragraph (a), including the special restrictions for [[Page 55266]] 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. (9) 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: September 9, 2015. Michael Bean, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2015-23168 Filed 9-14-15; 8:45 am] BILLING CODE 4310-EJ-P
![Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Rules and Regulations 55259
List of Subjects in 33 CFR Part 165 vessels may not produce a wake and DEPARTMENT OF THE INTERIOR
Harbors, Marine safety, Navigation may not attain speeds greater than five
(5) knots unless a higher minimum National Park Service
(water), Reporting and recordkeeping
requirements, Security measures, and speed is necessary to maintain bare
steerageway. 36 CFR Part 7
Waterways.
(3) There may be times that the First [NPS–LAMR–18708; PPWONRADE2,
For the reasons discussed in the District Commander or the Captain of PMP00EI05.YP0000]
preamble, the Coast Guard is amending the Port (COTP) New York finds it
33 CFR part 165 as follows: necessary to close the RNA to vessel RIN 1024–AD86
traffic. All closures will be limited to
PART 165—REGULATED NAVIGATION Special Regulations; Areas of the
specific hours of the day. Mariners will
AREAS AND LIMITED ACCESS AREA National Park System, Lake Meredith
be advised of all closure dates and times
via Local Notice to Mariners and National Recreation Area, Off-Road
■ 1. The authority citation for part 165 Motor Vehicles
continues to read as follows: Broadcast Notice to Mariners in advance
of closure times. During such closures, AGENCY: National Park Service, Interior.
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; persons and vessels may request
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; ACTION: Final rule.
Department of Homeland Security Delegation
permission to enter the RNA by
No. 0170.1. contacting the COTP or the COTP’s on- SUMMARY: The National Park Service is
scene representative on VHF–16 or via amending its special regulations for
■ 2. Add § 165.T01–0002 to read as
phone at 718–354–4353 (Sector New Lake Meredith National Recreation Area
follows:
York Command Center). to require permits to operate motor
§ 165.T01–0002 Regulated Navigation (4) Vessels in the RNA must comply vehicles off roads, designate areas and
Area; Kill Van Kull and Newark Bay; with directions given to them by the routes where motor vehicles may be
Bayonne, NJ, NY Regulated Area. COTP or the COTP’s on-scene used off roads, create management
(a) Location. The following area is a representative. An ‘‘on-scene zones that will further manage this
Regulated Navigation Area (RNA): All representative’’ of the COTP is any activity, and establish camping,
waters of Bergen Point East and West Coast Guard commissioned, warrant or operational, and vehicle requirements.
Reaches in the Kill Van Kull, and all petty officer who has been designated These changes will allow off-road
waters of Newark Bay South Reach, by the COTP to act on the COTP’s vehicle use for recreation while
bound by the following approximate behalf. An on-scene representative may reducing associated impacts to
positions: 40°38′51.93″ N., be on a Coast Guard vessel; or other resources. Unless authorized by special
074°06′47.90″ W.; thence to designated craft; or on shore and regulation, operating a motor vehicle off
40°38′41.53″ N., 074°07′18.54″ W.; communicating with a Vessel Traffic roads within areas of the National Park
thence to 40°38′38.20″ N., 074°07′41.30″ Service New York Watchstander or System is prohibited.
W.; thence to 40°38′40.47″ N., vessels via VHF–FM radio or loudhailer. DATES: This rule is effective October 15,
074°08′01.61″ W.; thence to Members of the Coast Guard Auxiliary 2015.
40°38′34.20″ N., 074°08′41.71″ W.; may be present to inform vessel FOR FURTHER INFORMATION CONTACT:
thence to 40°38′39.67″ N., 074°08′51.86″ operators of this regulation. Robert Maguire, Superintendent, Lake
(5) All other relevant regulations,
W.; thence to 40°38′50.20″ N., Meredith National Recreation Area, P.O.
including but not limited to the Rules of
074°08′55.19″ W.; thence to Box 1460, Fritch, Texas 79036–1460, by
the Road, as codified in 33 CFR
40°39′17.54″ N., 074°08′38.20″ W.; phone at 806–857–3151, or by email at
Subchapter E, Inland Navigational
thence to 40°39′19.00″ N., 074°08′53.09″ Robert_Maguire@nps.gov.
Rules, remain in effect within the RNA
W.; thence to 40°39′07.94″ N., SUPPLEMENTARY INFORMATION:
and must be strictly followed at all
074°08′59.04″ W.; thence to
times. Purpose and Significance of Lake
40°38′46.87″ N., 074°09′23.03″ W.;
(c) Enforcement period. This Meredith National Recreation Area
thence to 40°38′33.40″ N., 074°09′19.87″
regulation will be enforced from 8:00
W.; thence to 40°38′24.86″ N., Congress established Lake Meredith
a.m. on February 1, 2016, until
074°09′02.71″ W.; thence to National Recreation Area (LAMR or
December 31, 2017. This RNA’s speed
40°38′23.93″ N., 074°08′52.56″ W.; recreation area) in 1990 ‘‘to provide for
restrictions are enforceable 24 hours a
thence to 40°38′31.40″ N., 074°08′07.56″ public outdoor recreation use and
day as long as this RNA is in place. The
W.; thence to 40°38′31.80″ N., enjoyment of the lands and waters
Coast Guard will enforce waterway
074°07′55.66″ W.; thence to associated with Lake Meredith in the
closures only when necessary to protect
40°38′30.06″ N., 074°07′41.13″ W.; State of Texas, and to protect the scenic,
people and vessels from hazards
thence to 40°38′33.80″ N., 074°07′14.86″ scientific, cultural, and other values
associated with bridge construction.
W.; thence to 40°38′43.93″ N., (d) Notification. The Coast Guard will contributing to the public enjoyment of
074°06′45.45″ W.; thence to the point of rely on the methods described in 33 such lands and waters. . . .’’ 16 U.S.C.
origin (NAD 83). CFR 165.7 to notify the public of the 460eee.
(b) Regulations. (1) The general time and duration of any closure of the Situated approximately 35 miles
regulations contained in 33 CFR 165.10, RNA. Violations of this RNA may be north of Amarillo, Texas, within Potter,
165.11, and 165.13 apply within the reported to the COTP at 718–354–4353 Moore, Hutchinson, and Carson
RNA. or on VHF-Channel 16. counties, LAMR is approximately
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(2) Any vessel transiting through the 45,000 acres in size and is the largest
RNA must make a direct passage. No Dated: August 31, 2015. public landmass in the Texas
vessel may stop, moor, anchor or loiter L.L. Fagan, Panhandle. LAMR includes a variety of
within the RNA at any time unless they Rear Admiral, U.S. Coast Guard, Commander, habitats that are uncommon in the
are working on the bridge construction. First Coast Guard District. region, including aquatic, wetland, and
Movement within the RNA is subject to [FR Doc. 2015–23171 Filed 9–14–15; 8:45 am] riparian areas, and one of the few areas
a ‘‘Slow-No Wake’’ speed limit. All BILLING CODE 9110–04–P in the region with trees. The natural and
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![55260 Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Rules and Regulations
geologic resources of the area have the only areas designated for ORV use experience, health, and safety. Impacted
enabled a continuum of human in the recreational area. resources include soils, vegetation,
presence in the area for more than The Blue Creek ORV area is in the water, soundscapes, wildlife and
13,000 years. The exposed geologic Blue Creek riparian area at the northern wildlife habitat, threatened species, and
features on the walls of the Canadian end of the recreational area that empties archeological sites. These impacts are
River valley (i.e., the ‘‘breaks’’) reveal into Lake Meredith. ORV use at Blue described in the January 2015 Final Off-
active geologic processes that are easily Creek is allowed only in the creek Road Vehicle Management Plan/
visible to an extent not present bottom along both sides from cutbank to Environmental Impact Statement (FEIS)
elsewhere in the region. The recreation cutbank. Cutbanks, also known as river- that is discussed below.
area is also home to the Arkansas River cut cliffs, are the outside banks of a
water channel and are located at the Off-Road Vehicle Management Plan/
shiner (Notropis girardi), a fish species
base of the hills at the edges of the creek Environmental Impact Statement
that is federally listed as threatened.
bed. The rule will implement the preferred
Authority To Promulgate Regulations The Rosita ORV area is a riparian area alternative (Alternative D) for the
The National Park Service (NPS) of the Canadian River at the southern recreation area described in the FEIS.
manages LAMR under the statute end of the recreation area. ORV use at On June 26, 2015, the Regional Director
commonly known as the NPS Organic Rosita is in the Canadian River bed as of the Intermountain Region signed a
Act of 1916 (Organic Act) (54 U.S.C. well as the surrounding hills, in some Record of Decision (ROD) identifying
100101 et seq.), which gives the NPS cases out to a mile or more. Although the preferred alternative as the selected
broad authority to regulate the use of the the authorized area is below the 3,000- action. The FEIS, which describes the
park areas under its jurisdiction. The foot elevation line, and ORV use outside purpose and need for taking action, the
Organic Act authorizes the Secretary of the authorized area is prohibited, it is alternatives considered, the scoping
the Interior, acting through NPS, to difficult for ORV users to determine the process and public participation, the
‘‘prescribe such regulations as the exact location of the 3,000-foot elevation affected environment and
Secretary considers necessary or proper line. environmental consequences, and
for the use and management of [National Changes in ORV Use at LAMR consultation and coordination, and the
Park] System units.’’ 54 U.S.C. ROD may be viewed on the recreation
ORV use at Blue Creek and Rosita has area’s planning Web site at http://
100751(a).
Executive Order 11644, Use of Off- changed considerably since the areas parkplanning.nps.gov/lamr, by clicking
Road Vehicles on the Public Lands, were designated by special regulation in
the link entitled ‘‘ORV Management
1975, both in intensity and the types of
issued in 1972 and amended by Plan and Regulation’’ and then clicking
vehicles used. ORV use has taken place
Executive Order 11989 in 1977, requires ‘‘Document List.’’
at Blue Creek and Rosita since at least
federal agencies to issue regulations
the 1950s. Throughout the 1960s, ORVs Final Rule
designating specific areas and routes on
primarily consisted of a small number of
public lands where the use of off-road Fee Permit System
‘‘river buggies’’ crafted from old
vehicles may be used. The NPS The rule will require a special use
automobiles to operate in the Canadian
implemented these Executive Orders in permit to operate a motor vehicle off
River bottom. A few people used dirt
36 CFR 4.10. road in the recreation area. With each
bikes, motorcycles, or surplus military
Under 36 CFR 4.10, the use of motor permit the NPS will issue a decal that
vehicles to access the area. Standard
vehicles off established roads is not must be affixed to each vehicle in a
four-wheel-drive vehicles were rarely
permitted unless routes and areas are manner and location determined by the
seen.
designated for off-road motor vehicle superintendent. Decals will be required
Today, visitors use a variety of vehicle
use by special regulation. Under 36 CFR for each ORV operating in the recreation
types, including all-terrain vehicles
4.10(b), such routes and areas ‘‘may be area or transported into the recreation
(ATVs), utility task vehicles (UTVs),
designated only in national recreation area on a trailer. Families may submit a
dune buggies, rock crawlers, and
areas, national seashores, national single application for special use
standard four-wheel-drive vehicles.
lakeshores and national preserves.’’ The permits for multiple vehicles that are
Regardless of the vehicle type, the
rule will designate routes and areas registered or titled to members of that
majority of ORV use at LAMR has been
where motor vehicles may be used off family. Annual permits will be valid for
and continues to be for recreation,
roads in compliance with 36 CFR 4.10 the calendar year the permit is issued;
rather than transportation. ORV users
and Executive Orders 11644 and 11989. three-day and one-day permits will also
are both local and from urban areas,
The rule will replace regulations be available and valid from the date
especially at Rosita. ORV use is often,
promulgated in 1975 that designate designated on the permit. There will be
but not always, family focused. In
areas for off-road vehicle (ORV) use. no limit to the number of annual or
February, an annual three-day event
Off-Road Motor Vehicle Use at LAMR called Sand Drags is held just outside other permits issued.
the recreation area north of Rosita. This Permits will be issued after the
Designated ORV Use Areas applicant reads educational materials
locally sponsored racing event draws
LAMR provides a variety of visitor approximately 30,000 visitors to the and acknowledges in writing that he or
experiences, including the use of ORVs. area, including hundreds of she has read, understood, and agrees to
In 1975, the NPS promulgated a special motorcycles, four wheelers, sand rails, abide by the terms in the permit
regulation (40 FR 762, January 3, 1975) and river buggies. This event results in governing ORV use in the recreation
mstockstill on DSK4VPTVN1PROD with RULES
at 36 CFR 7.57(a) designating two ORV the highest annual visitation to the area. The permittee who signs the
use areas at LAMR: (i) Blue Creek, with recreation area with a notable increase permit will be the responsible party for
275 acres for ORV use in the creek in recreational ORV use. all vehicles listed on the permit, and
bottom between the cutbanks; and (ii) Changes in the intensity and type of must keep a hard copy of the permit
Rosita, with approximately 1,740 acres ORV use at LAMR have impacted with them on-site when the permittee or
for ORV use below the 3,000-foot natural and cultural resources and another person is operating the vehicle
elevation line. These two areas remain raised concerns about visitor in the recreation area. The permittee is
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![Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Rules and Regulations 55263
throughout the general white-tailed deer maintained in natural locations within parkplanning.nps.gov/lamr, by clicking
season during daylight hours. For visitor the recreation area. Therefore, within the link entitled ‘‘ORV Management
protection and to avoid confusion about the context of the resources and values Plan and Regulation’’ and then clicking
when ORVs may be used for of the recreation area, motor vehicle use ‘‘Document List.’’ According to that
recreational purposes in the hunting on the routes and areas designated by report, no small entities will be directly
zone, the rule will prohibit recreational this rule will not cause an unacceptable regulated by the rule, which will only
ORV use in the hunting zone only impact to the natural, aesthetic, or regulate visitor use of ORVs.
during the general white-tailed deer scenic values of the recreation area.
season, but at all times of day or night. Section 8(a) of the Executive Order Small Business Regulatory Enforcement
requires agency heads to monitor the Fairness Act (SBREFA)
Compliance With Other Laws, effects of ORV use on lands under their
Executive Orders, and Department This rule is not a major rule under 5
jurisdictions. On the basis of
Policy U.S.C. 804(2), the SBREFA. This rule:
information gathered, agency heads may
Use of Off-Road Vehicles on the Public from time to time amend or rescind (a) Does not have an annual effect on
Lands (Executive Orders 11644 and designations of areas or other actions as the economy of $100 million or more.
11989) necessary to further the policy of the (b) Will not cause a major increase in
Executive Order. The preferred costs or prices for consumers,
Executive Order 11644, as amended
alternative in the EIS includes individual industries, federal, state, or
by Executive Order 11989, was adopted
monitoring and resource protection local government agencies, or
to address impacts on public lands from
procedures and periodic review to geographic regions.
ORV use. The Executive Order applies
provide for the ongoing evaluation of
to ORV use on federal public lands that (c) Does not have significant adverse
impacts of motor vehicle use on
is not authorized under a valid lease, protected resources. The superintendent effects on competition, employment,
permit, contract, or license. Section has authority to take appropriate action investment, productivity, innovation, or
3(a)(4) of Executive Order 11644 as needed to protect the resources of the the ability of U.S. based enterprises to
provides that ORV ‘‘[a]reas and trails recreation area. compete with foreign-based enterprises.
shall be located in areas of the National
Park System, Natural Areas, or National Regulatory Planning and Review Unfunded Mandates Reform Act
Wildlife Refuges and Game Ranges only (Executive Orders 12866 and13563) (UMRA)
if the respective agency head determines Executive Order 12866 provides that This rule does not impose an
that off-road vehicle use in such the Office of Information and Regulatory unfunded mandate on State, local, or
locations will not adversely affect their Affairs (OIRA) in the Office of tribal governments or the private sector
natural, aesthetic, or scenic values.’’ Management and Budget will review all of more than $100 million per year. The
Since the Executive Order clearly was significant rules. OIRA has determined rule does not have a significant or
not intended to prohibit all ORV use that this rule is not significant. unique effect on state, local or tribal
everywhere in these units, the term Executive Order 13563 reaffirms the governments or the private sector. The
‘‘adversely affect’’ does not have the principles of Executive Order 12866 designated ORV routes and areas are
same meaning as the somewhat similar while calling for improvements in the located entirely within the recreation
terms ‘‘adverse impact’’ and ‘‘adverse nation’s regulatory system to promote area, and will not result in direct
effect’’ used in the National predictability, to reduce uncertainty, expenditure by state, local, or tribal
Environmental Policy Act of 1969 and to use the best, most innovative, governments. This rule addresses public
(NEPA). In analyses under NEPA, a and least burdensome tools for use of NPS lands, and imposes no
procedural statute that provides for the achieving regulatory ends. The requirements on other agencies or
study of environmental impacts, the executive order directs agencies to governments. A statement containing
term ‘‘adverse effect’’ includes minor or consider regulatory approaches that the information required by the UMRA
negligible effects. reduce burdens and maintain flexibility (2 U.S.C. 1531 et seq.) is not required.
Section 3(a)(4) of the Executive Order, and freedom of choice for the public
by contrast, concerns substantive where these approaches are relevant, Takings (Executive Order 12630)
management decisions and must be read feasible, and consistent with regulatory
in the context of the authorities This rule does not affect a taking of
objectives. Executive Order 13563
applicable to such decisions or private property or otherwise have
emphasizes further that regulations
applicable to the nature of the land taking implications under Executive
must be based on the best available
management unit. LAMR is an area of Order 12630. Access to private property
science and that the rulemaking process
the National Park System. NPS adjacent to the recreation area will not
must allow for public participation and
interprets the Executive Order term be affected by this rule. A takings
an open exchange of ideas. We have
‘‘adversely affect’’ consistent with its implication assessment is not required.
developed this rule in a manner
NPS Management Policies 2006. Those consistent with these requirements. Federalism (Executive Order 13132)
policies require that the NPS only allow
‘‘appropriate use’’ of parks and avoid Regulatory Flexibility Act (RFA) Under the criteria in section 1 of
‘‘unacceptable impacts.’’ This rule will not have a significant Executive Order 13132, this rule does
This rule is consistent with those economic effect on a substantial number not have sufficient federalism
requirements. It will not impede of small entities under the RFA (5 implications to warrant the preparation
mstockstill on DSK4VPTVN1PROD with RULES
attainment of the recreation area’s U.S.C. 601 et seq.). This certification is of a Federalism summary impact
desired future conditions for natural based on the cost-benefit and regulatory statement. The rule is limited in effect
and cultural resources as identified in flexibility analyses found in the report to federal lands managed by the NPS
the FEIS. NPS has determined that this entitled ‘‘Benefit-Cost Analysis of ORV and will not have a substantial direct
rule will not unreasonably interfere Use Regulations in Lake Meredith effect on state and local government. A
with the atmosphere of peace and National Recreation Area’’ that can be Federalism summary impact statement
tranquility or the natural soundscape viewed online at http:// is not required.
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![55266 Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Rules and Regulations
each management zone, or the terms, program are adequate to meet the state’s (F), (G), (H), (J), (K), (L), and (M).
conditions, or requirements of an off- responsibilities under the CAA. Specific requirements of section
road vehicle permit is prohibited. A DATES: This final rule is effective 110(a)(2) of the CAA and the rationale
violation may also result in the September 15, 2015. for EPA’s proposed action to approve
suspension or revocation of the ADDRESSES: EPA has established a and disapprove the SIP submissions are
applicable permit by the docket for this action under Docket ID explained in the NPR and will not be
superintendent. No. EPA–R07–OAR–2015–0270. All restated here.
(9) Superintendent’s authority. The documents in the electronic docket are During the public comment period for
superintendent may open or close listed in the http://www.regulations.gov the NPR one comment was received.
designated areas, routes, or access index. Although listed in the index, The commenter stated that EPA must
points to motor vehicle use, or portions some information is not publicly disapprove 110(a)(2)(C) and (D)(i)(II)
thereof, or impose conditions or available, i.e., CBI or other information (prong 3), unless Nebraska has the PM2.5
restrictions for off-road motor vehicle whose disclosure is restricted by statute. increments approved into its PSD SIP
use after taking into consideration Certain other material, such as and its PSD program treats NOX as a
public health and safety, natural and copyrighted material, will be publicly precursor for ozone. The PM2.5
cultural resource protection, and other increments and the inclusion of NOX as
available only in hard copy. Publicly
management activities and objectives. a precursor to ozone was approved by
available docket materials are available
The superintendent will provide public EPA into the Nebraska SIP on August 4,
either electronically at http://
notice of all such actions through one or 2014. See 79 FR 45108, Approval and
www.regulations.gov or in hard copy at
more of the methods listed in § 1.7 of Promulgation of Implementation Plans;
U.S. Environmental Protection Agency,
this chapter. Violating any such closure, State of Nebraska; Fine Particulate
Region 7, 11201 Renner Boulevard,
condition, or restriction is prohibited. Matter New Source Review
Lenexa, Kansas 66219 from 8:00 a.m. to
* * * * * Requirements.
4:30 p.m., Monday through Friday,
Dated: September 9, 2015. excluding legal holidays. Interested III. Final Action
Michael Bean, persons wanting to examine these EPA is approving Nebraska’s February
Principal Deputy Assistant Secretary for Fish
documents should make an 11, 2013 submission addressing the
and Wildlife and Parks. appointment with the office at least 24 requirements of the CAA sections
[FR Doc. 2015–23168 Filed 9–14–15; 8:45 am]
hours in advance. 110(a)(1) and (2) as applicable to the
FOR FURTHER INFORMATION CONTACT: Mr. 2008 O3 NAAQS. Specifically, EPA
BILLING CODE 4310–EJ–P
Gregory Crable, Air Planning and approves the following infrastructure
Development Branch, U.S. elements, or portions thereof:
Environmental Protection Agency, 110(a)(2)(A), (B), (C), (D)(i)(II) (prong 3),
ENVIRONMENTAL PROTECTION
Region 7, 11201 Renner Boulevard, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and
AGENCY
Lenexa, KS 66219; telephone number: (M) which are necessary to implement,
40 CFR Part 52 (913) 551–7391; fax number: (913) 551– maintain, and enforce the 2008 O3
7065; email address: crable.gregory@ NAAQS, as a revision to the Nebraska
[EPA–R07–OAR–2015–0270; FRL–9932–78– epa.gov. SIP. As discussed in each applicable
Region 7]
SUPPLEMENTARY INFORMATION: section of the NPR, EPA is not taking
Partial Approval and Disapproval of Air Throughout this document, the terms action on section 110(a)(2)(D)(i)(I)
Quality State Implementation Plans ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to EPA. This (prongs 1 and 2) and section 110(a)(2)(I),
(SIP); State of Nebraska; Infrastructure section provides additional information Nonattainment Area Plan or Plan
SIP Requirements for the 2008 Ozone by addressing the following: Revisions, under part D. And finally,
National Ambient Air Quality Standard EPA is disapproving section
I. Background
(NAAQS) II. Summary of SIP Revision 110(a)(2)(D)(i)(II) (prong 4) as it relates
III. Final Action to the protection of visibility.
AGENCY: Environmental Protection IV. Statutory and Executive Order Review
Agency (EPA). IV. Statutory and Executive Order
I. Background Review
ACTION: Final rule.
On June 19, 2015, (80 FR 35284), EPA Under the CAA the Administrator is
SUMMARY: The Environmental Protection published a notice of proposed required to approve a SIP submission
Agency (EPA) is taking final action to rulemaking (NPR) for the State of that complies with the provisions of the
partially approve and disapprove Nebraska. The NPR proposed partial Act and applicable Federal regulations.
elements of a State Implementation Plan approval and disapproval of Nebraska’s 42 U.S.C. 7410(k); 40 CFR 52.02(a).
(SIP) submission from the State of submission that provides the basic Thus, in reviewing SIP submissions,
Nebraska addressing the applicable elements specified in section 110(a)(2) EPA’s role is to approve state choices,
requirements of Clean Air Act (CAA) of the CAA, or portions thereof, provided that they meet the criteria of
section 110 for the 2008 National necessary to implement, maintain, and the CAA. Accordingly, this action
Ambient Air Quality Standards enforce the 2008 O3 NAAQS. merely approves state law as meeting
(NAAQS) for Ozone (O3), which Federal requirements and does not
requires that each state adopt and II. Summary of SIP Revision impose additional requirements beyond
submit a SIP to support implementation, On February 11, 2013, EPA received those imposed by state law. For that
mstockstill on DSK4VPTVN1PROD with RULES
maintenance, and enforcement of each a SIP submission from the state of reason, this action:
new or revised NAAQS promulgated by Nebraska that addressed the • Is not a significant regulatory action
EPA. These SIPs are commonly referred infrastructure elements specified in subject to review by the Office of
to as ‘‘infrastructure’’ SIPs. The section 110(a)(2) for the 2008 O3 Management and Budget under
infrastructure requirements are designed NAAQS. The submission addressed the Executive Orders 12866 (58 FR 51735,
to ensure that the structural components following infrastructure elements of October 4, 1993) and 13563 (76 FR 3821,
of each state’s air quality management section 110(a)(2): (A), (B), (C), (D), (E), January 21, 2011);
VerDate Sep<11>2014 19:08 Sep 14, 2015 Jkt 235001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\15SER1.SGM 15SER1](https://thefederalregister.org/doc/80_FR_55437/page/8.svg)
Document Created: 2015-12-15 10:09:00
Document Modified: 2015-12-15 10:09:00
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective October 15, 2015. | |
| Contact | Robert Maguire, Superintendent, Lake Meredith National Recreation Area, P.O. Box 1460, Fritch, Texas 79036- 1460, by phone at 806-857-3151, or by email at [email protected] | |
| FR Citation | 80 FR 55259 | |
| RIN Number | 1024-AD86 | |
| CFR Associated | National Parks and Reporting and Recordkeeping Requirements |
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