Special Regulations; Areas of the National Park System, Lake Meredith National Recreation Area, Off-Road Motor Vehicles |
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Michael Bean
Department of the Interior
March 5, 2015
[Federal Register Volume 80, Number 43 (Thursday, March 5, 2015)]
[Proposed Rules]
[Pages 11968-11974]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05034]
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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.
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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?
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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