Special Regulations; Areas of the National Park System, Cape Hatteras National Seashore--Off-Road Vehicle Management |
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Michael Bean
Department of the Interior
21 December 2016
[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)]
[Rules and Regulations]
[Pages 93600-93606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30735]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-SER-CAHA-22533; PPSECAHAS0, PPMPSPD1Z.YM0000]
RIN 1024-AE33
Special Regulations; Areas of the National Park System, Cape
Hatteras National Seashore--Off-Road Vehicle Management
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: The National Park Service (NPS) amends its special regulation
for off-road vehicle (ORV) use at Cape Hatteras National Seashore,
North Carolina, to revise the times that certain beaches open to ORV
use in the morning, to extend the dates that certain seasonal ORV
routes are open in the fall and spring, and to modify the size and
location of certain vehicle-free areas. The NPS was required to
consider these changes by section 3057 of the National Defense
Authorization Act for Fiscal Year 2015. The NPS also amends this
special regulation to allow the Superintendent to issue ORV permits for
different lengths of time than are currently allowed, and to remove an
ORV route designation on Ocracoke Island to allow vehicle access to a
soundside area without the requirement of an ORV permit.
DATES: This rule is effective on January 20, 2017.
FOR FURTHER INFORMATION CONTACT: Superintendent, Cape Hatteras National
Seashore, 1401 National Park Drive, Manteo, North Carolina 27954. Phone
252-475-9032.
SUPPLEMENTARY INFORMATION:
Background
Description of Cape Hatteras National Seashore
Situated along the Outer Banks of North Carolina, Cape Hatteras
National Seashore (Seashore or park) was authorized by Congress in 1937
and established in 1953 as the nation's first national seashore.
Consisting of more than thirty thousand acres distributed along
approximately 67 miles of shoreline, the Seashore is part of a dynamic
barrier island system.
The Seashore contains important wildlife habitat created by dynamic
environmental processes. Several species listed under the Endangered
Species Act, including the piping plover, rufa subspecies of the red
knot, and five species of sea turtles, are found within the park. The
Seashore also serves as a popular recreation destination where users
participate in a variety of activities.
Authority and Jurisdiction To Promulgate Regulations
In the NPS Organic Act (54 U.S.C. 100101), Congress granted the NPS
broad authority to regulate the use of areas under its jurisdiction.
The Organic Act authorizes the Secretary of the Interior, acting
through the NPS, to ``prescribe such regulations as the Secretary
considers necessary or proper for the use and management of [National
Park] System units.'' 54 U.S.C. 100751(a).
Off-Road Motor Vehicle Regulation
Executive Order 11644, Use of Off-Road Vehicles on the Public
Lands, was issued in 1972 in response to the widespread and rapidly
increasing off-road driving on public lands ``often for legitimate
purposes but also in frequent conflict with wise land and resource
management practices, environmental values, and other types of
recreational activity.'' Executive Order 11644 was amended by Executive
Order 11989 in 1977, and together they are jointly referred to in this
rule as the ``E.O.'' The E.O. requires Federal agencies that allow
motorized vehicle use in off-road areas to designate specific areas and
routes on public lands where the use of motorized vehicles may be
permitted and to minimize user conflicts and resource impacts.
The NPS regulation at 36 CFR 4.10(b) implements the E.O. and
requires that routes and areas designated for ORV use be promulgated as
special regulations and that the designation of routes and areas must
comply with 36 CFR 1.5 and E.O. 11644. It also states that ORV routes
and areas may be designated only in national recreation areas, national
seashores, national lakeshores, and national preserves. This rule is
consistent with these authorities and with Section 8.2.3.1 (Motorized
Off-road Vehicle Use) of NPS Management Policies 2006, available at:
http://www.nps.gov/policy/mp/policies.html.
Recent ORV Management at Cape Hatteras National Seashore
In 2010, the NPS completed the Off-Road Vehicle Management Plan and
Environmental Impact Statement (ORV
[[Page 93601]]
FEIS) for ORV use at the Seashore to guide the management and use of
ORVs at the Seashore. As a part of the selected alternative, certain
elements of the ORV FEIS were implemented through rulemaking. The final
rule for ORV management at the Seashore was published in the Federal
Register on January 23, 2012 (77 FR 3123) (2012 Final Rule).
On December 19, 2014, the President signed the National Defense
Authorization Act for Fiscal Year 2015 (2014 Act). Section 3057 of the
2014 Act requires the Secretary of the Interior to consider three
specific changes to the 2012 Final Rule regarding:
Morning opening times of beaches that are closed to ORV
use at night;
Extending the dates for seasonal ORV routes; and
The size and location of vehicle-free areas (VFAs).
On February 17, 2016, the NPS published the Consideration of
Modifications to the Final Rule for Off-Road Vehicle Management
Environmental Assessment (EA). The EA evaluated:
The times that beach routes open to ORV use in the
mornings;
Extending the dates that seasonal ORV routes are open in
the fall and spring; and
Modifying the size and location of VFAs.
The EA also considered:
Issuing ORV permits for different lengths of time;
Revising some ORV route designations; and
Providing access improvements for soundside locations on
Ocracoke Island.
The EA, which contains a full description of the purpose and need
for taking action, scoping, the alternatives considered, maps and the
environmental impacts associated with the project, may be viewed on the
NPS planning Web site at http://parkplanning.nps.gov/caha-orv-ea under
the ``Document List'' link. Public comments on the EA were accepted
until March 18, 2016. The EA resulted in a Finding of No Significant
Impact (FONSI) that was signed on December 19, 2016 and is available at
http://parkplanningfxsp0;.nps.gov/caha-orv-ea under the ``Document
List'' link.
Summary of Public Comments on the Proposed Rule
The NPS published a proposed rule on August 22, 2016 (81 FR 56550).
The NPS accepted comments through the mail, hand delivery, and the
Federal eRulemaking Portal at http://www.regulations.gov. Comments were
accepted through October 21, 2016. After considering the public
comments and after additional review, the NPS did not make any changes
to the proposed rule. A summary of comments and NPS responses is
provided below.
Beach Opening Times
1. Comment: Several commenters requested that all beaches or
priority beaches at the Seashore be opened to ORV use at 6:00 a.m. or
earlier when nighttime driving is restricted.
NPS Response: The rule states that ORV use is not allowed on
designated routes in sea turtle nesting habitat before 6:00 a.m.
between May 1 and September 14, and between September 15 and November
15 if sea turtles remain. This will ensure that there will be
sufficient light for resource management staff to safely and properly
complete their morning surveys for nesting activities. The actual
opening times are not stated in the rule. They will be published by the
NPS annually based on the civil twilight time at sunrise and sunset for
each month that nighttime ORV restrictions are in place. Civil twilight
is the period of time before sunrise and after sunset when the sun is
less than 6 degrees below the horizon when there is enough visibility
to conduct ordinary outdoor activities. From May through October these
times range from 5:20 a.m. to 6:50 a.m. Allowing ORV access before 6:00
a.m. for the months when nighttime driving is restricted would not
provide resource management staff enough light to complete their
morning beach surveys properly.
2. Comment: One commenter was concerned that the rule does not
identify criteria for setting the morning beach opening times and
designating priority beaches that may open before 7:00 a.m. The
commenter requested the NPS identify the priority beaches in the rule.
NPS Response: The location and times of priority beach openings are
intentionally omitted from the rule to provide NPS management with the
flexibility to adapt to changes in visitation patterns and workload
associated with the demonstrated variability of wildlife nesting on
beaches. The priority beaches are identified in the FONSI and will also
be included in the Superintendent's Compendium and published annually
in the park's ORV Brochure. After reviewing each season's visitation
patterns, Seashore conditions, and wildlife nesting activity, the NPS
will publish information about opening times for priority beaches.
3. Comment: Several commenters stated that having different opening
times for different months and different beaches could confuse
visitors.
NPS Response: The NPS understands this concern and intends to
provide clear information and direction for all Seashore visitors. The
NPS will clearly notify the public about opening times and locations by
several methods. Priority beaches and opening times will be published
at the beginning of each season in the Superintendent's Compendium, the
ORV Brochure, and on the park Web site (www.nps.gov/caha). The Web site
also provides a daily update on which ORV routes are open or closed due
to wildlife nesting activities or Seashore conditions.
Dates for Use of Seasonal ORV Routes
4. Comment: Several commenters suggested a variety of dates when
seasonal ORV routes around the villages and Ocracoke Campground should
be opened for ORV use. Commenters also requested expanded use periods
for seasonal ORV routes that are not in front of villages or the
Ocracoke Campground.
NPS Response: Extending the seasonal ORV route periods for six
weeks or more was considered and dismissed during the EA process due to
the higher visitation rates and larger staff requirements that would be
needed to manage active turtle and bird nests during those periods.
Because of wildlife nesting activity in the spring and late summer, the
NPS's emphasis on providing a diversity of visitor experiences, and the
importance of managing the workload of NPS staff, the rule does not
make any changes to the dates for seasonal ORV routes other than the
routes in front of villages and the Ocracoke Campground.
5. Comment: One commenter requested that the NPS open ORV routes on
the Friday before spring break week if that date falls before the
opening date identified in the rule.
NPS Response: The NPS considered this request, but there is no
standard school spring break vacation week and this period varies
substantially throughout the country. Opening the Friday before spring
break would increase management complexity and make it more difficult
to notify the public about the opening dates for the ORV season.
Size and Location of Vehicle Free Areas (VFAs)
6. Comment: Commenters suggested a wide variety of modifications to
the VFAs. Some commenters recommended prohibiting beach driving or
increasing the number and size of VFAs. Other commenters sought
substantial reductions of VFA mileage. Many
[[Page 93602]]
commenters suggested changes to VFAs at specific ramps and routes
throughout the Seashore, especially in and around the Cape Point area.
One commenter requested that no changes to the existing VFAs be made,
noting these are nesting areas where seasonal ORV use would introduce
additional harassment of wildlife, disruption of habitat, and visitor
conflicts.
NPS Response: When considering the modifications to the VFAs, the
NPS began with the existing VFAs as a baseline, considered each of the
VFAs along the Seashore, and identified particular places where changes
could be made while remaining consistent with management requirements
at the Seashore. Although the rule does not establish any VFAs
directly, the rule includes changes to designated ORV routes that
result in corresponding changes to the size and location of VFAs at the
Seashore. The rule changes certain ORV routes to allow greater access
on each of the islands without substantially impacting the balance of
visitor opportunities, the complexity of staff workload, public safety,
or sensitive wildlife species. Protective wildlife buffers will be in
place, regardless of route designation, to protect beach nesting
species both within ORV routes and VFAs. The specific changes to VFAs
resulting from the rule will not change the implementation and
effectiveness of these buffers. The VFAs at the Seashore, as modified
by the rule, continue to allow for large areas where pedestrians can
utilize the beach without ORVs.
7. Comment: One commenter requested Ramp 2--which the NPS proposed
to open to ORV use in the proposed rule--be used only seasonally, or
that the NPS designate the first \1/4\ mile of the ORV route (south of
Ramp 2) as a pass through only zone with no ORV parking allowed. The
commenter suggested that these changes to the proposed rule would avoid
visitor conflicts.
NPS Response: The realignment of Ramp 2 to the south, along with
the construction of a pedestrian walkway (also accessible by people
with disabilities) near the Coquina Beach bathhouse, should alleviate
any potential safety issues associated with reopening Ramp 2 to ORV
use. There are currently additional walking paths other than Ramp 2
that provide pedestrian access to Coquina Beach that will alleviate
visitor conflicts. The NPS will post signs that direct pedestrians to
those locations to avoid user conflicts on the realigned ramp.
Following the opening of a realigned Ramp 2, the NPS will evaluate any
visitor use conflicts and may implement an appropriately-sized no
stopping zone if necessary.
Permit Durations
8. Comment: One commenter requested that the NPS specify the
proposed changes to permit durations in the rule, rather than in the
Superintendent's Compendium.
NPS Response: Given the highly dynamic nature of the Seashore and
tourism in the area, the NPS believes that it is prudent to provide
management flexibility to NPS staff regarding the length of permits as
circumstances change over time.
Other Access Improvements
9. Comment: One commenter noted that redesignating Ramp 45 as a
park road--a management action that was included in the EA--should have
been stated in the proposed rule. The commenter raised concerns that
designating an ORV route as a park road would set a precedent and could
potential result in larger re-designations in the future.
NPS Response: Old Ramp 45 is an existing park road currently closed
to vehicle traffic. The road continues to be maintained with culverts
and a hard packed pervious surface. Unlike the designation of a route
for ORV use, NPS regulations do not require a special regulation to
reopen a park road to motor vehicle use. Reopening this road for
vehicular use will not affect any other route or road within the
Seashore.
The Final Rule
This rule implements the selected action in the FONSI and amends
the special regulation for ORV use at the Seashore as it relates to:
The morning opening times of beaches that are closed to
ORV use at night;
The dates that some seasonal ORV routes are open in the
fall and spring;
The size and location of VFAs;
The duration of ORV permits; and
Other access improvements.
Beach Opening Times
The rule states that ORV use is not allowed on designated routes in
sea turtle nesting habitat (ocean intertidal zone, ocean backshore,
dunes) before 6:00 a.m. between May 1 and September 14, and between
September 15 and November 15 if sea turtles remain. Instead of
establishing opening times for each ORV route in the rule, the NPS will
publish the opening times for each route on an annual basis in the
Superintendent's Compendium and on the park Web site (www.nps.gov/caha). This will give the Superintendent the flexibility to adjust
opening times each year based on changing conditions at the Seashore
and the ability of park staff to patrol and complete resource
management inventories on beaches before they are opened to vehicle
use. The NPS expects that most ORV routes will continue to open at 7:00
a.m. The NPS may open certain ``priority'' beach routes to ORV use
before 7:00 a.m., but no earlier than 6:00 a.m. This will allow ORV
users to access the more popular beaches earlier in the morning. NPS
resource staff will patrol these ``priority'' beaches before opening so
that park resources are protected even though earlier access will be
allowed.
Dates for Use of Seasonal ORV Routes
The rule extends the dates for ORV use of seasonal designated
routes in front of the villages of Rodanthe, Waves, Salvo, Avon,
Frisco, and Hatteras and the Ocracoke Campground. These routes will
open two weeks earlier in the fall and close two weeks later in the
spring, making these seasonal routes open to ORV use from October 15
through April 14. These seasonal extensions are in areas and at times
of the year which will not result in measurable impacts to sensitive
wildlife, visitor experience, safety, or workload complexity for park
staff.
Size and Location of VFAs
The changes in the rule to designated ORV routes will modify the
size and location of VFAs and improve ORV access in some locations.
This rule makes the following changes to the designated ORV routes at
the Seashore. Ramps 2.5 and 59.5 will not be constructed and are
therefore removed from the chart of designated ORV routes. Ramp 2 will
be restored to ORV use, extending the existing ORV route approximately
0.5 miles to the north and providing ORV access to the route from
either ramp 4 or ramp 2. Ramp 59 will continue to be open to ORV use,
extending the existing year-round ORV route approximately 0.5 miles.
The seasonal ORV route at ramp 34 will be extended approximately 1 mile
to the north and the seasonal ORV route at ramp 23 will be extended
approximately 1.5 miles to the south. These changes will slightly
increase ORV access on each of the islands without measurably impacting
visitor experience, safety, sensitive wildlife species, or the workload
complexity for NPS staff.
Permit Durations
The existing regulations for the Seashore state that annual permits
are valid for the calendar year for which they are issued, and that
seven-day
[[Page 93603]]
permits are valid from the date of issue. This rule removes this
provision and instead states that ORV permits are valid for the dates
specified in the permit. The Superintendent will publish the standard
duration of permits in the Compendium and on the park's Web site
(www.nps.gov/caha). The standard duration of permits may be changed
from time to time based upon circumstances at the Seashore and
visitation patterns. To start, however, ORV permits will be valid for
one year from the date of issuance instead of being valid for the
calendar year of issuance, and the existing 7-day ORV permit will be
replaced by a 10-day ORV permit. The 10-day ORV permit will allow many
ORV users to access the beaches over two weekends, depending upon when
they arrive at the Seashore.
The NPS intends to continue to recover the costs of administering
the ORV permit program under 54 U.S.C. 103104.
Access Improvements--Ocracoke Island
The NPS is removing the existing ORV route designation along Devil
Shoals Road (also referred to as Dump Station Road). An ORV permit will
no longer be required to travel this road because motor vehicles are
allowed on park roads without a permit under general NPS regulations.
This route is therefore removed as a designated ORV route in the rule.
Devil Shoals Road is an existing dirt road located across North
Carolina State Highway 12 from the Ocracoke Campground that has been
maintained as part of the park's road network. This road meets NPS road
design standards as a Class II connector road than can provide normal
passenger vehicle access to park areas of scenic and recreational
interest on a dirt/gravel surface. This change allows for limited
vehicular soundside access on Ocracoke Island without the requirement
to purchase an ORV permit.
Access Improvements--Hatteras Island
This rule extends the existing Cape Point bypass route south of
ramp 44 by approximately 0.4 miles to the north so that it joins with
ramp 44. This rule also extends the existing bypass route by
approximately 600 feet to the south to provide additional ORV access
near Cape Point when the ORV route along the beach is closed for safety
or resource protection.
Other Updates
This rule makes several changes to the language in the existing ORV
regulation to clarify and more accurately reflect existing conditions.
Ramp 25.5 is renamed ``ramp 25''; ramp 32.5 is renamed ``ramp 32'';
ramp 47.5 is renamed ``ramp 48''; the description of the soundside ORV
route at Little Kinnakeet is changed to reflect that it begins just
west of the Kinnakeet lifesaving structures; and additional details are
added to further clarify where existing routes terminate (e.g. the
routes adjacent to ramps 32, 48, and 63 do not end exactly at the
ramp). These clarifying changes do not increase or decrease ORV access
at the Seashore.
Maps
The changes to routes and ramps made as a result of this rule are
available at http://parkplanningfxsp0;.nps.gov/caha-orv-ea.
Compliance With Other Laws, Executive Orders, and Department Policy
Use of Off-Road Vehicles on the Public Lands (Executive Order 11644)
As discussed previously, the E.O. applies to ORV use on federal
public lands that is not authorized under a valid lease, permit,
contract, or license. Section 3(4) of E.O. 11644 provides that ORV
``areas 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 E.O. clearly was not intended to prohibit
all ORV use everywhere in these units, the term ``adversely affect''
does not have the same meaning as the somewhat similar terms ``adverse
impact'' or ``adverse effect'' commonly used in the National
Environmental Policy Act of 1969 (NEPA). Under NEPA, a procedural
statute that provides for the study of environmental impacts, the term
``adverse effect'' refers to any effect, no matter how minor or
negligible.
Section 3(4) of the E.O., by contrast, does not prescribe
procedures or any particular means of analysis. It concerns substantive
management decisions, and must instead be read in the context of the
authorities applicable to such decisions. The Seashore is an area of
the National Park System. Therefore, the NPS interprets the E.O. term
``adversely affect'' consistent with its NPS Management Policies 2006.
These policies require the NPS to allow only ``appropriate uses'' of
parks and to avoid ``unacceptable impacts'' to park resources or
values. The NPS has evaluated this rule and confirmed that it complies
with these policies.
Specifically, this rule will not impede the attainment of the
Seashore's desired future conditions for natural and cultural resources
as identified in the ORV FEIS. The NPS has determined this rule will
not unreasonably interfere with the atmosphere of peace and
tranquility, or the natural soundscape maintained in natural locations
within the Seashore. Therefore, within the context of the E.O., ORV use
on the ORV routes amended by this rule (which are also subject to
safety and resource closures and other species management measures that
will be implemented under this rule) will not adversely affect the
natural, aesthetic, or scenic values of the Seashore.
Section 8(a) of the E.O. requires NPS to monitor the effects of the
use of off-road vehicles on lands under its jurisdiction. On the basis
of the information gathered, NPS shall from time to time amend or
rescind designations of areas or other actions taken pursuant to the
E.O. as necessary to further the policy of the E.O. The existing ORV
FEIS and Record of Decision identify monitoring and resource protection
procedures, and desired future conditions to provide for the ongoing
and future evaluation of impacts of ORV use on protected resources. The
Superintendent has the authority under this rule and under 36 CFR 1.5
to close portions of the Seashore as needed to protect park resources
and values, and public health and safety.
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget (OMB) will
review all significant rules. The Office of Information and Regulatory
Affairs has determined that this rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 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.
It 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. E.O. 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
[[Page 93604]]
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 information contained in a report
entitled, ``Benefit-Cost and Regulatory Flexibility Analyses: Special
Regulations of Off-Road Motor Vehicles at Cape Hatteras National
Seashore'', available for public review at: http://
parkplanningfxsp0;.nps.gov/caha-orv-ea. According to that report, no
entities, small or large, are directly regulated by this rule, which
regulates visitors' use of ORVs. The courts have held that the RFA
requires an agency to perform a regulatory flexibility analysis of
small entity impacts only when a rule directly regulates them.
Therefore, agencies must assess the impacts on directly regulated
entities, but are not required to analyze in a regulatory flexibility
analysis the indirect effects from rules on small entities.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2) of 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 are located entirely within the Seashore, 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. Therefore, 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 effect a taking of private property or otherwise
have taking implications under Executive Order 12630. Access to private
property located within or adjacent to the Seashore will not be
affected, and this rule does not regulate uses of private property.
Therefore, 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. This rule only
affects use of NPS-administered lands and imposes no requirements on
other agencies or governments. 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 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.
Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.)
This rule does not contain any new collection of information that
requires approval by Office of Management and Budget (OMB) under the
PRA of 1995. OMB has approved the information collection requirements
associated with NPS Special Park Use Permits and has assigned OMB
Control Number 1024-0026 (expires 12/31/2016 and in accordance with 5
CFR 1320.10, the agency may continue to conduct or sponsor this
collection of information while the submission is pending at OMB). We
estimate the annual burden associated with this information collection
to be 8,500 hours per year. 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 (NEPA)
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under NEPA is not required because the NPS issued a FONSI. The EA and
FONSI are available at http://parkplanningfxsp0;.nps.gov/caha-orv-ea
under the ``Document List'' link. These documents contain a full
description of the alternatives that were considered, the environmental
impacts associated with the project, public involvement, and other
supporting documentation. The NPS considered public comments made on
the EA in drafting this rule. The NPS has evaluated substantive
comments received on the proposed rule to develop the final rule.
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 were Russel J. Wilson, Chief
Regulations, Jurisdiction and Special Park Uses, National Park Service;
and Jay Calhoun, Regulations Program Specialist, National Park Service.
List of Subjects in 36 CFR Part 7
District of Columbia, 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 DC Code 10-137 and DC Code 50-2201.07.
0
2. Amend Sec. 7.58 by revising paragraphs (c)(2)(iv) and (c)(9), the
paragraph (c)(12) subject heading, and paragraph (c)(12)(i) to read as
follows:
[[Page 93605]]
Sec. 7.58 Cape Hatteras National Seashore.
* * * * *
(c) * * *.
(2) * * *
(iv) ORV permits are valid for the dates specified on the permit.
The public will be notified of any changes to ORV permit durations
through one or more of the methods listed in Sec. 1.7(a) of this
chapter.
* * * * *
(9) ORV routes. The following tables indicate designated ORV
routes. The following ramps are designated for off-road use to provide
access to ocean beaches: 2, 4, 23, 25, 27, 30, 32, 34, 38, 43, 44, 48,
49, 55, 59, 63, 67, 68, 70, and 72. Designated ORV routes and ramps are
subject to resource, safety, seasonal, and other closures implemented
under Sec. 7.58(c)(10). Soundside ORV access ramps are described in
the table below. For a village beach to be open to ORV use during the
winter season, it must be at least 20 meters (66 feet) wide from the
toe of the dune seaward to mean high tide line. Maps showing designated
routes and ramps are available in the Office of the Superintendent and
on the Seashore Web site.
------------------------------------------------------------------------
When is the route open? Where is the route located?
------------------------------------------------------------------------
Bodie Island--Designated Routes
------------------------------------------------------------------------
Year Round........................ Ramp 2 to 0.2 miles south of ramp 4.
September 15-March 14............. 0.2 miles south of ramp 4 to the
eastern confluence of the Atlantic
Ocean and Oregon Inlet.
------------------------------------------------------------------------
Hatteras Island--Designated Routes
------------------------------------------------------------------------
Year Round........................ 1.5 miles south of ramp 23 to ramp
27.
Ramp 30 to approximately 0.3 miles
south of ramp 32
The following soundside ORV access
routes from NC Highway 12 to
Pamlico Sound between the villages
of Salvo and Avon: soundside ramps
46, 48, 52, 53, 54. The soundside
ORV access at Little Kinnakeet
starts just to the west of the
Kinnakeet lifesaving structures and
continues to the sound.
Ramp 38 to 1.5 miles south of ramp
38.
The following soundside ORV access
routes from NC Highway 12 to
Pamlico Sound between the villages
of Avon and Buxton: soundside ramps
57, 58, 59, and 60.
0.4 miles north of ramp 43 to Cape
Point to 0.3 miles west of ``the
hook.''
Bypass which extends due south from
the opening at ramp 44, running
continuously behind the dunes until
the bypass connects with the beach.
Interdunal route (``Inside Road'')
from intersection with Lighthouse
Road (i.e. ramp 44) to ramp 49,
with one spur route from the
interdunal route to ramp 48.
Just east of Ramp 48 to east Frisco
boundary.
A soundside ORV access route from
Museum Drive to Pamlico Sound near
Coast Guard Station Hatteras Inlet
Pole Road from Museum Drive to Spur
Road to Pamlico Sound, with one
spur route, commonly known as Cable
Crossing, to Pamlico Sound and four
spur routes to the ORV route below.
Ramp 55 southwest along the ocean
beach for 1.6 miles, ending at the
intersection with the route
commonly known as Bone Road.
October 15-April 14............... 0.1 mile south of Rodanthe Pier to
1.5 mile south of ramp 23
1.0 mile north of ramp 34 to ramp 38
(Avon)
East Frisco boundary to west Frisco
boundary (Frisco village beach)
East Hatteras boundary to ramp 55
(Hatteras village beach)
------------------------------------------------------------------------
Ocracoke Island--Designated Routes
------------------------------------------------------------------------
Year Round........................ Ramp 59 to just southwest of ramp
63.
Routes from NC Highway 12 to Pamlico
Sound located north of the Pony
Pens, commonly known as Prong Road,
Barrow Pit Road, and Scrag Cedar
Road.
1.0 mile northeast of ramp 67 to 0.5
mile northeast of ramp 68
0.4 miles northeast of ramp 70 to
Ocracoke inlet.
From ramp 72 to a pedestrian trail
to Pamlico Sound, commonly known as
Shirley's Lane.
October 15-April 14............... 0.5 mile northeast of ramp 68 to
ramp 68 (Ocracoke Campground area).
September 15-March 14............. A route 0.6 mile south of ramp 72
from the beach route to a
pedestrian trail to Pamlico Sound.
A route at the north end of South
Point spit from the beach route to
Pamlico Sound.
------------------------------------------------------------------------
* * * * *
(12) Hours of Operation/Night-Driving Restrictions. (i) Hours of
operation and night-driving restrictions are listed in the following
table:
Hours of Operation/Night Driving Restrictions
------------------------------------------------------------------------
When are the restrictions in
place? Where are the restrictions in place?
------------------------------------------------------------------------
November 16-April 30.............. All designated ORV routes are open
24 hours a day.
May 1-September 14................ Designated ORV routes in sea turtle
nesting habitat (ocean intertidal
zone, ocean backshore, dunes) are
closed at 9:00 p.m. and open no
earlier than 6:00 a.m. The Seashore
will publish exact opening times on
an annual basis.
[[Page 93606]]
September 15-November 15.......... Designated ORV routes in sea turtle
nesting habitat (ocean intertidal
zone, ocean backshore, dunes) are
closed at 9:00 p.m. and open no
earlier than 6:00 a.m., but the
Superintendent may open designated
ORV routes, or portions of the
routes, 24 hours a day if no turtle
nests remain. The Seashore will
publish exact opening times on an
annual basis.
------------------------------------------------------------------------
* * * * *
Michael Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2016-30735 Filed 12-20-16; 8:45 am]
BILLING CODE 4312-52-P