Glen Canyon National Recreation Area; Motor Vehicles |
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George Wallace
Department of the Interior
15 January 2021
[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Rules and Regulations]
[Pages 3804-3815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28464]
[[Page 3804]]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[Docket ID: NPS-2018-0001; NPS-GLCA-27587; PPIMGLCAS1;
PPMPSAS1Z.YP0000]
RIN 1024-AD93
Glen Canyon National Recreation Area; Motor Vehicles
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: The National Park Service amends its special regulations for
Glen Canyon National Recreation Area to manage the use of motor
vehicles on and off park roads. The rule requires a permit to operate a
motor vehicle off roads in selected locations, designates routes and
areas where motor vehicles may be used off roads, and allows the
superintendent to establish closures and restrictions based upon
specific criteria. The rule also allows certain types of off-road
vehicles on some paved and unpaved roads in the recreation area. Unless
provided for by special regulation, operating a motor vehicle off roads
within areas of the National Park System is prohibited.
DATES: This rule is effective on February 16, 2021 except for the
provisions in Sec. 7.70(f)(2) and the permit requirements in Table 1
to Sec. 7.70(f)(3)(ii) which are effective April 15, 2021.
ADDRESSES: The comments received on the proposed rule and an economic
analysis are available on www.regulations.gov in Docket ID: NPS-2018-
0001.
FOR FURTHER INFORMATION CONTACT: William Shott, Superintendent, Glen
Canyon National Recreation Area, P.O. Box 1507, Page, Arizona 86040, by
phone at 928-608-6205, or by email at GLCA_Superintendent@nps.gov.
SUPPLEMENTARY INFORMATION:
Purpose and Significance of Glen Canyon National Recreation Area
Congress established Glen Canyon National Recreation Area (the
recreation area) in 1972 ``to provide for the public outdoor recreation
use and enjoyment of Lake Powell and lands adjacent thereto in the
states of Arizona and Utah and to preserve the scenic, scientific, and
historic features contributing to the public enjoyment of the area.''
16 U.S.C. 460dd.
The recreation area encompasses 1,254,117 acres in northern Arizona
and southeastern Utah and constitutes a substantial part of the
outstanding public lands of the Colorado Plateau. The recreation area
offers a natural diversity of rugged water- and wind-carved canyons,
buttes, mesas, and other outstanding physiographic features. The
recreation area allows for a variety of recreational opportunities,
including on- and off-road motor vehicle use and contains Lake Powell,
the second-largest human-made lake in North America, which provides the
opportunity to recreate in a natural environment and access remote
backcountry areas. Evidence of 11,000 years of human occupation and use
of resources in the recreation area provides a continuing story of the
prehistoric, historic, and present-day affiliation of humans and their
environment.
Authority To Promulgate Regulations
The National Park Service (NPS) manages the recreation area under
the NPS 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 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). In the recreation
area's enabling act, Congress directed the Secretary of the Interior to
``administer, protect, and develop the recreation area in accordance
with the [Organic Act], and with any other statutory authority
available to him for the conservation and management of natural
resources.'' 16 U.S.C. 460dd-3.
Executive Order 11644, Use of Off-Road Vehicles on the Public
Lands, was issued in 1972 and amended by Executive Order 11989 in 1977.
Executive Order 11644 required federal agencies to issue regulations
designating specific areas and routes on public lands where the use of
off-road vehicles (ORVs) may be allowed. The NPS implemented these
Executive Orders by promulgating a regulation at 36 CFR 4.10 (Travel on
park roads and designated routes). 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.'' This final rule designates routes where motor
vehicles may be used off roads in the recreation area in compliance
with 36 CFR 4.10 and Executive Orders 11644 and 11989.
Current Motor Vehicle Use in the Recreation Area
Off-Road Motor Vehicles
The use of motor vehicles to reach off-road destinations in Glen
Canyon predates the establishment of the recreation area in 1972. After
Lake Powell began to fill behind the Glen Canyon Dam in 1963, the
public began driving off road to access the new lake for recreational
activities. ORV use continued following the establishment of the
recreation area in 1972. ORV use is currently occurring in four general
locations within the recreation area:
Lone Rock Beach is open to conventional motor vehicles,
off-highway vehicles, and street-legal all-terrain vehicles. The speed
limit at Lone Rock Beach is 15 mph.
Lone Rock Beach Play Area is located on a hill above and
to the southwest of Lone Rock Beach. This 180-acre area is enclosed by
a fence and open to unrestricted, high-intensity ORV use. This area is
a place where ORV operators can challenge themselves, develop riding
skills, operate at high speeds, and perform jumps and hill climbs.
There is no speed limit in the play area.
Accessible Shoreline Areas provide public access by
conventional motor vehicles to the Lake Powell shoreline for the
purposes of recreation (fishing, swimming, boating, etc.). The public
is allowed to depart the road and drive to the shoreline and park in
designated ORV areas. There are 13 accessible shoreline areas (Blue
Notch, Bullfrog North and South, Copper Canyon, Crosby Canyon, Dirty
Devil, Farley Canyon, Neskahi, Paiute Canyon, Red Canyon, Stanton
Creek, Warm Creek, White Canyon, and Hite Boat Ramp). Three shoreline
areas (Bullfrog North and South, Crosby Canyon, and Warm Creek) are
closed to ORVs in the superintendent's compendium. ORVs are not allowed
at Nokai Canyon and Paiute Farms, but these areas are accessed
occasionally by ORVs.
Ferry Swale is an area in the Arizona portion of the
recreation area with approximately 54 miles of unauthorized routes that
have been created by users over time.
On-Road Motor Vehicle Use
A comprehensive planning process begun by the NPS after the
establishment of the recreation area resulted in a General Management
Plan (GMP) that was published in 1979. The GMP designated a system of
paved and unpaved roads open to vehicle travel and closed several
existing unpaved roads in the backcountry. The paved
[[Page 3805]]
and unpaved network of roads identified in the GMP is open to motor
vehicle travel, subject to restrictions on the types of vehicles that
are allowed on specific roads. These roads are referred to in the rule
as ``GMP roads.'' Driving a motor vehicle off any paved or unpaved GMP
road is considered off-road motor vehicle use and is prohibited except
on designated routes and in designated areas. All other user-created
routes and linear disturbances within the recreation area are closed to
public motor vehicle travel.
The Orange Cliffs Special Management Unit is located in the
northeast portion of the recreation area. This Unit adjoins Canyonlands
National Park, is similar in physiography, and has many of the same
management issues as the Canyonlands Maze District. The Canyonlands
National Park and Orange Cliffs Unit of Glen Canyon National Recreation
Area Backcountry Management Plan (NPS 1995) and the accompanying
environmental assessment (NPS 1993) consist of an inter-park management
plan developed to increase consistency and protection for visitors to
both the Maze District of Canyonlands and the Orange Cliffs in Glen
Canyon. The backcountry management plan was predicated on the GMP,
which states that the Orange Cliffs Special Management Unit is to be
``maintained as a critical backdrop for Canyonlands National Park and
as a major vantage point for spectacular views into the park.'' The
Orange Cliffs Special Management Unit is managed ``to maintain a
relatively primitive, undeveloped atmosphere'' and to provide ``year-
round access to Panorama Point'' (NPS 1979).
Off-Road Vehicle Management Plan/Final Environmental Impact Statement
The NPS has been managing ORV use in the recreation area for
several decades. Although the NPS had implemented ORV management plans
for various parts of the recreation area in 1981 (for Lone Rock Beach)
and 1988 (for 20 accessible shoreline areas on Lake Powell), past
planning efforts did not comply with the NPS regulation at 36 CFR 4.10
that requires a special regulation to designate routes and areas for
ORV use. In 2005, the NPS was challenged in federal court over its
compliance with Executive Orders 11644 and 11989, and 36 CFR 4.10(b)
(Friends of the Earth, Bluewater Network Division v. United States
Department of the Interior, Case 1:05-cv-02302-RCL). Under the terms of
the 2008 settlement agreement between the parties to that litigation,
the NPS prepared an Off-Road Vehicle Management Plan/Draft
Environmental Impact Statement (DEIS). In compliance with the
settlement agreement, the NPS also developed interim ORV plans for the
accessible shoreline areas, Lone Rock Beach, and Lone Rock Play Area.
In January 2017, the NPS completed an Off-Road Vehicle Management Plan/
Final Environmental Impact Statement (FEIS). On August 15, 2018, the
Regional Director for the Intermountain Region signed a Record of
Decision (ROD) identifying the preferred alternative in the FEIS
(Alternative E: Mixed Use) as the selected alternative. The FEIS and
the ROD have superseded all previous ORV management plans for the
recreation area.
A detailed history of prior NPS management of on- and off-road
vehicle use can be found in the FEIS, which can be viewed together with
the ROD at https://parkplanning.nps.gov/glca-orvplan by clicking on the
link entitled ``Document List''. The FEIS analyzes the issues and
environmental impacts of five alternatives for the management of on-
and off-road motor vehicle use in the recreation area. Major issues
analyzed in the FEIS include social and economic issues, human health
and safety, wildlife, natural soundscapes, wilderness, and visitor use
and experience. Impacts associated with each of the alternatives are
described in the FEIS.
Final Rule
This rule establishes a special regulation pursuant to 36 CFR
4.10(b) to manage ORV use in the recreation area. The rule implements
the selected alternative (Alternative E: Mixed Use) for the recreation
area identified in the ROD. The selected alternative provides the
largest range of experiences for visitors and enhances experiences of
different user groups, such as motor vehicle users and those who seek a
more primitive camping experience. The selected alternative is designed
to protect resources while enhancing the visitor experience by
identifying and designating specific areas capable of ORV use while
prohibiting ORV use in areas where resources and values may be at risk.
Types of Motor Vehicles
In order to effectively manage the use of motor vehicles in the
recreation area, the rule creates definitions to distinguish among a
range of vehicle types. Under Executive Order 11644, an ORV means any
motor vehicle designed for or capable of cross-country travel on or
immediately over natural terrain. Under this broad definition, an ORV
may be a truck, an all-terrain vehicle (ATV), a sedan, a dirt bike, or
any other motor vehicle that is capable of off-road travel. Among ORVs,
the rule distinguishes between conventional motor vehicles, off-highway
vehicles (OHVs), and street-legal ATVs, as follows:
Conventional motor vehicle means any motor vehicle that is
designed primarily for operation on streets and highways, and that is
licensed and registered for interstate travel. Automobiles, vans,
highway motorcycles (including a dual-sports motorcycle licensed for
use on a highway), sport utility vehicles (SUVs), recreational vehicles
(RVs), pickup trucks, and buses are examples of conventional motor
vehicles.
OHV means any motor vehicle--excluding snowmobiles and
hovercraft--that is designed primarily for off-road travel and is not
licensed and registered for interstate travel. ATVs (excluding street
legal ATVs, as defined below), dirt bikes, sand rails, side-by-sides,
and dune buggies are examples of OHVs.
Street-legal ATV means an ATV that qualifies under Arizona
or Utah motor vehicle and traffic code to be operated on state roads
and highways. Under current Arizona and Utah law, dune buggies, sand
rails, go-karts, and rock crawlers cannot be licensed as street legal.
Under these definitions, conventional motor vehicles do not include
OHVs or street-legal ATVs. The rule allows certain types of ORVs
(conventional motor vehicles, OHVs, or street-legal ATVs) to operate in
designated ORV areas, on designated ORV routes, and on paved and
unpaved roads identified in the GMP.
Adoption of Non-Conflicting State Motor Vehicle Laws
Existing NPS regulations at 36 CFR 4.2 adopt state traffic and
vehicle laws to manage the use of motor vehicles within NPS-
administered areas, unless specifically addressed by NPS regulations.
The rule implements specific regulations governing the use of ORVs in
the recreation area, and allows the superintendent to impose additional
closures, restrictions, or conditions to resolve visitor safety or
resource protection concerns that are not addressed by state law. All
other issues (e.g. license, registration, vehicle requirements,
inspection, insurance) related to the use of motor vehicles in the
recreation area will continue to be governed by the adopted laws and
[[Page 3806]]
regulations of Arizona or Utah.\1\ Operators of conventional motor
vehicles, OHVs, and street-legal ATVs will continue to be responsible
for complying with all applicable Utah and Arizona statutes and
regulations pertaining to the lawful operation of those vehicles. This
rule allows OHVs to operate on most unpaved GMP roads. Because OHVs are
not licensed or registered for operation on roads in Utah and Arizona
in the same manner as street-legal ATVs or conventional motor vehicles,
they are not subject to state licensing, registration, insurance, and
equipment requirements that apply to street-legal vehicles when
operated on GMP roads. Operators of OHVs on GMP roads must comply,
however, with all applicable state and federal traffic requirements
(e.g., speed limits, rules of the road) that apply to street-legal
vehicles. The FEIS lists OHV operator and vehicle requirements for
Arizona and Utah, as of January 13, 2017. These requirements are
subject to change and the FEIS may not include all requirements.
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\1\ The NPS adopts non-conflicting state traffic and vehicle
laws. See 36 CFR 4.2. This includes state requirements that apply to
ORVs. The responses to public comments 4 and 6 discuss the interplay
between this rule and state law. This rule imposes one requirement
that is not present under current Utah law--that motor vehicles must
not exceed 96 dBA at the tailpipe. This limit is consistent with
industry recommendations (all vehicles are currently manufactured to
meet that limit), the laws of several states including Arizona,
Colorado and California, and requirements on U.S. Forest Service
lands that adopt those state noise emission standards (see 36 CFR
261.15(d)).
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Permit Program
The rule requires a special use permit to operate a motor vehicle
off GMP roads in the recreation area. The permit requirement will not
begin until 90 days after the effective date of the rule. This will
give the NPS sufficient time to use public outreach and education to
help establish the details of the permit program so that NPS staff and
visitors are prepared for its implementation. Permits will be required
for all designated ORV locations except for designated routes in Middle
Moody Canyon, East Gypsum Canyon, Imperial Valley, and Gunsight
Springs. The NPS will issue a decal with each permit 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 a
designated ORV area or on a designated ORV route in the recreation area
where a permit is required. Families will be able submit a single
application for permits for multiple vehicles that are registered to
members of that family. Annual permits will be valid for one calendar
year from the date of issuance; shorter term permits will also be
available and valid from the date of issuance for the stated duration
of the permit.
Permit applications (NPS Form 10-933, ``Application for Special Use
Permit--Vehicle/Watercraft Use'') will be available on the recreation
area's website and at headquarters (691 Scenic View Drive, Page, AZ
86040), recreation area visitor centers, and at other locations
designated by the superintendent to facilitate compliance with the
program and for the convenience of the visitor. The permit and decal
will be issued after the applicant reads educational materials and
acknowledges that he or she has read, understood, and agrees to abide
by the rules governing ORV use in the recreation area and the terms and
conditions of the permit. Visitors will be able to submit permit
applications online through the recreation area's website; through the
mail to the following address: Glen Canyon National Recreation Area,
P.O. Box 1507, Page, AZ 86040-1507; or in person at headquarters or an
entrance station. After the NPS processes completed permit
applications, it will mail or provide in person a permit to the
applicant with instructions and educational materials, including a
decal to be affixed to each permitted ORV. Violating the terms or
conditions of any permit will be prohibited and may result in the
suspension or revocation of the permit and the denial of future
permits.
To the extent practicable, the NPS intends to recover the costs of
administering this permit program under 54 U.S.C. 103104 (Recovery of
costs associated with special use permits). In order to obtain a
special use permit to operate a motor vehicle off roads in the
recreational area, the NPS may require operators to pay a fee to allow
the NPS to recover these costs. The NPS may also offset costs with
revenues from fees collected under the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801-6814). The NPS will develop the details
about fee collection during the 90-day delayed implementation period
for the permit requirement. This will be a transparent process
involving the public so that all stakeholders understand how the NPS
will use fees to offset the costs of administering the permit program.
Designated ORV Routes and Areas
The rule prohibits ORV use other than on GMP roads in the
recreation area, except on NPS-designated ORV routes and areas. The
rule designates Lone Rock Beach and Lone Rock Play Area, 21 miles of
ORV routes in Ferry Swale, and 14 accessible shoreline ORV areas. One
of the 13 shoreline areas identified in the interim ORV plans will be
closed (Warm Creek) and two new shoreline areas will be opened (Nokai
Canyon and Paiute Farms). The rule contains management prescriptions
for each location, including seasons when ORVs are allowed, speed
limits, quiet hours, and the types of ORVs that are allowed. These
locations will be identified on maps located at headquarters (691
Scenic View Drive, Page, AZ 86040), visitor contact stations, and on
the recreation area's website. Certain locations within some designated
ORV areas are designated as vehicle-free zones to provide a different
camping experience for those who prefer to be separated from motor
vehicle use. All locations designated for ORV use will be posted with
appropriate signs that include applicable rules and regulations. The
lakeside boundary of accessible shoreline areas that are designated for
ORV use will fluctuate with the level of Lake Powell, but the remaining
(land-side) boundary of such areas will remain fixed.
Operational and Vehicle Requirements
To provide for the safety of ORV operators at the Lone Rock Beach
Play Area, the rule requires the display of a solid red or orange
safety flag that is a minimum of six by 12 inches in size and that is
attached to either:
The ORV so that the safety flag is at least eight feet
above the surface level of the ground, or
The protective headgear of the operator of a motorcycle or
dirt bike so that the safety flag is at least 18 inches above the top
of the operator's head.
To reduce the degree and geographic extent of impacts from vehicle
noise on soundscapes in the recreation area, the rule implements a 96
dBA noise limit on all vehicles. Noise level will be measured by NPS
staff using the SAE J1287 standard. Enforcement of this standard may
include courtesy checks, checkpoints, and individual contacts.
Measurements will be taken using certified equipment and protocols as
is done with traffic radar. The rule requires motor vehicles to have a
functioning muffler system. These requirements are in addition to state
motor vehicle and operator requirements that are adopted by 36 CFR 4.2.
Travel on GMP Roads
The rule will continue to allow conventional motor vehicles on all
paved and unpaved GMP roads in the
[[Page 3807]]
recreation area. Street-legal ATVs are allowed to operate on paved GMP
roads except for roads in the Lees Ferry Developed Area, including the
Lees Ferry Access Road. OHVs and street-legal ATVs are allowed to
operate on most unpaved GMP roads. OHVs and street-legal ATVs are
allowed on approximately 8 miles of the Poison Spring Loop in the
Orange Cliffs Special Management Unit. The Superintendent may allow
OHVs and street-legal ATVs on the upper portion of the Flint Trail
(another unpaved GMP road), subject to further evaluation and
compliance with applicable laws (as explained below). OHVs and street-
legal ATVs are prohibited on all other unpaved GMP roads in the Orange
Cliffs Special Management Unit. The speed limit on unpaved GMP roads is
25 mph or as posted. The speed limits on paved GMP roads will not
change and will remain as currently posted. GMP roads will be
designated and posted with road numbers. Signs will indicate the status
of a road segment as open or closed to OHV and street-legal ATV use and
will delineate the designated travel routes. Signs indicating that a
GMP road is closed to OHVs or street-legal ATVs will remain in place or
will be posted as needed.
Superintendent's Discretionary Authority
Independent from the authority in 36 CFR 1.5, the rule allows the
superintendent to close or reopen designated areas or routes to motor
vehicle use, or impose conditions or restrictions on the use of off-
road motor vehicles after taking into consideration public health and
safety, natural and cultural resource protection, lake levels, and
other management activities and objectives. The superintendent must
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 a proposed rule in the Federal Register on
February 28, 2018 (83 FR 8640). The NPS accepted comments on the rule
through the mail, by hand delivery, and through the Federal eRulemaking
Portal at www.regulations.gov. The comment period closed on April 30,
2018. A summary of the pertinent issues raised in the comments and NPS
responses are provided below. Many comments on the proposed rule
addressed the NPS's evaluation of the environmental impacts of the
preferred and other alternatives in the FEIS. Other comments addressed
the range of alternatives considered in the FEIS. These comments are
not addressed in this final rule because they raise environmental
issues that were already considered by the NPS in the NEPA process. The
NPS evaluated the environmental impacts of each alternative in the FEIS
and explained the reasons for selecting Alternative E: Mixed Use in the
ROD. The NPS did not identify any new significant environmental issues
in the public comments on the proposed rule.
After considering public comments and after additional review, the
NPS made the following changes in the final rule. No other substantive
changes were made in the final rule.
1. The NPS clarified the definitions of ``GMP road'' (by stating
that there are no park roads in the recreation area other than GMP
roads), ``off-highway vehicle'' (by stating that OHVs are by definition
not licensed and registered for interstate travel), and ``Street-legal
all-terrain vehicle (ATV)'' (by stating that these vehicles by
definition must qualify under Arizona or Utah motor vehicle traffic
code to operate on state roads and highways).
2. The NPS clarified the requirement that vehicles be equipped at
all times with noise suppression devices, including a working exhaust
muffler in constant operation.
3. The NPS changed certain management prescriptions in Table 1 to
Sec. 7.70(f)(3)(ii) to reflect that street-legal ATVs are allowed in
eight shoreline areas (Blue Notch, Bullfrog North and South Crosby
Canyon Dirty Devil, Farley Canyon, Red Canyon, Stanton Creek, and White
Canyon) from March 2-October 31. These are the dates identified in the
FEIS and ROD.
4. The NPS changed the column headings in Table 2 to Sec.
7.70(f)(4)(i) for ease of reading and to reflect that there are no
paved roads within the Orange Cliffs Special Management Unit.
5. The NPS clarified that the 8-mile portion of the Poison Spring
Loop where street-legal ATVs and OHVs are allowed is located on Route
633 proceeding north to Route 730.
6. The NPS removed references to ``posted'' quiet hours in
paragraphs (f)(5)(vi) and (v) to avoid an interpretation that quiet
hours must be posted in order for them to be enforceable.
7. The NPS added references to ``dirt bikes'' to clarify that the
requirement to display a safety flag on the headgear of a motorcycle
operator also applies to the operator of a dirt bike.
8. The NPS added a 25 mph speed limit (unless otherwise posted) for
the use of unpaved GMP roads. The NPS referred to this speed limit in
the SUPPLEMENTARY INFORMATION section of the proposed rule and in the
FEIS.
9. The NPS added a requirement that OHV operators under the age of
18 wear a helmet. This requirement was stated in the FEIS.
10. In addition to annual permits, the proposed rule stated that
the NPS would issue two-week permits valid from the date of issuance.
Instead of specifying two weeks, the final rule says the NPS will make
shorter term permits available. This will give the NPS flexibility to
determine the duration of shorter-term permits based upon the
conditions at the recreation area and experience from implementation of
the ORV permit program.
11. The NPS clarified that motor vehicles may be used in designated
ORV areas during quiet areas for purposes of entering or exiting a
campsite.
12. The NPS added a statement in the final rule that the
Superintendent may determine whether to allow street-legal ATVs or OHVs
on the upper portion of the Flint Trail within the Orange Cliffs
Special Management Unit. The NPS explains this change below in the
response to Comment 2.
13. The NPS inserted language delaying implementation of the permit
requirement until 90 days after the effective date of the rule. This
will allow the NPS to work with the public to develop the permit
program (including a fee structure to offset administrative costs) so
that visitors to the recreation area are prepared for its
implementation.
Travel on GMP Roads
1. Comment: Several commenters disagreed with the proposal to allow
conventional motor vehicles on unpaved GMP roads in the Orange Cliffs
Special Management Unit. These commenters stated that conventional
motor vehicles are not designed to travel on roads in this area and
that modifications needed to make the roads passable for them would
degrade the GMP requirement to maintain a primitive and undeveloped
atmosphere in the Unit. These commenters stated that allowing
conventional motor vehicles on these unpaved roads would substantially
increase the burden of maintaining the roads so that they can be used
safely. If the roads are not upgraded and maintained, these commenters
stated that conventional motor vehicles would not be able to travel
these roads safely and access popular locations within the Unit, such
as Panorama Point. These commenters stated that this outcome would
increase the cost of search and rescue activities
[[Page 3808]]
and place visitors and first responders at risk.
NPS Response: Conventional motor vehicle use in the Orange Cliffs
area predates the establishment of the recreation area in 1972 and is
an existing use today. Allowing visitors to use conventional motor
vehicles on these roads helps the NPS achieve a primary objective in
the GMP to allow year-round access to Panorama Point and other
backcountry areas with spectacular views into Canyonlands National
Park. The use of conventional motor vehicles in the Orange Cliffs
Special Management Unit was reaffirmed in the 1995 Backcountry
Management Plan for this area. The NPS and local counties perform
maintenance on unpaved GMP roads in the Unit approximately 1-2 times
per year in a manner that protects the relatively primitive,
undeveloped atmosphere of the Unit. This regular maintenance allows
conventional motor vehicles to use the roads, provided the vehicles
have a high clearance and are 4-wheel drive capable. The NPS does not
expect an increase in the use of these roads by conventional vehicles
because this use is already allowed. The NPS also does not expect the
continued use of conventional motor vehicles on these roads to increase
the burden of maintaining the roads or to increase the cost of search
and rescue (SAR) activities, which are jointly managed by the NPS and
local counties, associated with such use. The NPS recommends that
visitors use 4-wheel drive high clearance vehicles, although they are
not required. Since 2012, the Glen Canyon Interagency Dispatch Center
dispatch records show only one motor vehicle incident within the Unit
and it did not involve a search and rescue.
2. Comment: Several commenters requested that the NPS allow OHVs
and street-legal ATVs on all unpaved GMP roads in the Orange Cliffs
Special Management Unit. These commenters stated that OHVs and street-
legal ATVs are better suited for travel on these roads that require
high clearance vehicles. These commenters stated that OHVs and street-
legal ATVs would allow visitors to safely recreate and access popular
locations within the Unit, such as Panorama Point, without needing to
upgrade and further develop the existing roads. These commenters stated
that this outcome would better maintain a relatively primitive and
undeveloped atmosphere as required by the GMP.
NPS Response: This rule allows OHVs and street-legal ATVs to travel
on an 8-mile section of the Poison Spring Loop within the Orange Cliffs
Special Management Unit. Expanding this use to allow OHVs and street-
legal ATVs on all GMP roads in the Unit would increase day-use traffic
and noise disturbances in a manner that would make it more difficult to
maintain a relatively primitive and undeveloped atmosphere. The FEIS
contains a more detailed analysis of the potential impacts from OHVs
and street-legal ATVs within the Unit. The 1995 Backcountry Management
Plan does not explicitly prohibit the use of OHVs and street-legal ATVs
within the Unit, but directs the NPS to manage the Unit in the same
manner as the Maze District of Canyonlands National Park, which
prohibits the use of OHVs and street-legal ATVs, to increase
consistency in visitor use and resource protection in the area. The
prohibition of OHVs and street-legal ATVs in most of the Orange Cliffs
Special Management Unit helps the NPS achieve this goal.
In response to comments raised on this issue, the NPS intends to
evaluate whether OHVs or street-legal ATVs would be appropriate on a
15-20 mile upper portion of the Flint Trail, which--along with the
Poison Spring Loop--is one of many unpaved GPM roads within the Orange
Cliffs Special Management Unit. As part of this evaluation, the NPS
will consider potential impacts to resources, visitor experience, and
the specific management prescriptions for this area. The selected
alternative in the ROD closes the Flint Trail to OHVs and street-legal
ATVs, which is how this trail is currently managed and will continue to
be managed by the Superintendent until and unless a different
management decision is made. As part of this evaluation, the NPS will
consider the potential impacts to the environment from opening a
portion of this trail to OHVs and street-legal ATVs under NEPA and
other applicable laws. In a change from the proposed rule in order to
reflect the NPS's intent to evaluate more access on this trail, the
final rule states that the Superintendent may determine whether to
allow street-legal ATVs or OHVs on the upper portion of the Flint Trail
within the Orange Cliffs Special Management Unit. If the Superintendent
determines that, based on further analysis, OHVs or street-legal ATVs
are appropriate on this portion of the Flint Trail, he or she will
provide notice to the public prior to allowing such use. No additional
changes to the regulations governing motor vehicle use at the
recreation area will be required for the Superintendent to take this
action. Consistent with the proposed rule, OHVs and street-legal ATVs
are prohibited on all other unpaved GMP roads in the Orange Cliffs
Special Management Unit.
3. Comment: Several commenters objected to allowing OHVs and street
legal ATVs on the Poison Spring Loop because it would compromise the
resources, significance, and purpose of the Orange Cliffs Special
Management Unit, which the GMP states should be managed to maintain a
relatively primitive and undeveloped atmosphere.
NPS Response: This rule allows OHVs and street legal ATVs to travel
on 8-miles of the Poison Spring Loop (Route 633 proceeding north to
Route 730) in order to complete a 100-mile loop used by recreational
OHV users, most of which is located within BLM-administered areas. BLM
was a cooperating agency in the preparation of the FEIS and the NPS
consulted with BLM specifically about allowing OHVs and ATVs on the 8-
mile section of the Poison Springs Loop. Allowing OHVs and street-legal
ATVs on this portion of the Poison Spring Loop would not interfere with
the management objective to maintain a primitive and undeveloped
atmosphere because this area is surrounded by cattle grazing and does
not contain the outstanding scenic values found elsewhere in the Orange
Cliffs Special Management Unit.
4. Comment: Several commenters objected to the proposal to allow
non-street legal OHVs on unpaved GMP roads. These commenters stated
that OHVs are not required to have the same safety equipment as street-
legal vehicles and may be operated by uninsured and unlicensed drivers.
These commenters stated that the NPS is proposing to manage unpaved GMP
roads as de facto ORV routes by allowing non-street legal OHVs to use
them even though they are not designated under 36 CFR 4.10. These
commenters stated that in order to be consistent with Utah law, the NPS
should require operators of motor vehicles on all GMP roads to have a
valid driver's license.
NPS Response: State laws in Arizona and Utah allow OHVs to be
operated on public roads that are open to their use by the controlling
federal agency. ARS 28-1174.B; Utah Code Ann. 41-22.10.1. This rule
allows OHVs on some unpaved GMP roads within the recreation area, which
means the use of OHVs on these roads is allowed under state law. The
NPS adopts non-conflicting state laws and regulations governing traffic
and the operation of motor vehicles with NPS units. 36 CFR 4.2. As
stated above, because OHVs are not licensed or registered for operation
on roads in Utah and Arizona in the same manner as street-legal ATVs or
[[Page 3809]]
conventional motor vehicles, they are not subject to state licensing,
registration, insurance, and equipment requirements that apply to
street-legal vehicles when operated on GMP roads. Operators of OHVs on
GMP roads must comply, however, with all applicable state and federal
traffic requirements (e.g., speed limits, rules of the road) that apply
to street-legal ATVs and conventional motor vehicles. 36 CFR 4.2; ARS
28-621; Utah Code 41-22.10.6. Operators of OHVs must also comply with
state laws that govern the use of OHVs that are not considered street-
legal. In Utah, OHV operators over the age of 16 must possess a valid
state driver's license or education certificate and operators ages 8-15
must possess an education certificate. Utah Code Ann. 41-22-30. Arizona
requires operators of any vehicle on any road open to 2-wheel drive
conventional motor vehicles to have a driver's license. ARS 28-3151.
This requirement applies within the recreation area because GMP roads
are open to 2-wheel drive conventional motor vehicles. Unpaved GMP
roads where 4-wheel drive is recommended, but not required, are located
in Utah. The FEIS analyzed the safety of OHV use on unpaved GMP roads
and determined that there could be an increased risk of accidents.
Adverse impacts to safety are not expected to be significant, however,
because of several actions the NPS is taking to mitigate safety risks.
The NPS is reducing the speed limit on unpaved GMP roads to 25 mph
(unless otherwise posted) for all vehicle types and is requiring all
OHV operators under the age of 18 to wear a helmet. The NPS will also
require OHV users to complete an educational component about
operational safety prior to obtaining an ORV permit from the NPS.
5. Comment: Several commenters rejected the NPS's authority to
restrict travel on roads to which the State of Utah has a claim under
Revised Statute 2477 (RS 2477), including the Burr Trail Road and Flint
Trail/Roost Road.
NPS Response: Claims by the State of Utah under RS 2477 within the
recreation area, including the Burr Trail Road and Flint Trail/Roost
Road, have not been adjudicated. The NPS will evaluate the legal
effects of any future court decisions regarding RS 2477 claims at the
appropriate time.
6. Comment: One commenter objected to the proposal to allow street-
legal ATVs on paved GMP roads, stating that mixing street-legal ATVs
with conventional motor vehicles will increase traffic injuries and
fatalities.
NPS Response: Street-legal ATV use on GMP roads is subject to
nonconflicting state traffic laws under 36 CFR 4.2. The NPS defers to
the expertise of state authorities regarding traffic laws, licensing,
and equipment requirements that the state authorities consider
necessary to ensure the safe operation of street-legal ATVs alongside
conventional motor vehicles on paved GMP roads.
Designated ORV Routes and Areas
7. Comment: One commenter requested that OHVs be allowed in Farley
Canyon and Blue Notch because they are low-use areas and would provide
an opportunity for OHV users to access the water as a side trip when
using nearby trail systems in San Juan County.
NPS Response: Farley Canyon and Blue Notch are geographically
removed from developed areas within the recreation area and provide
visitors with an opportunity for a more quiet and secluded experience.
The FEIS identifies 20 dBA as the level of ambient sound at the
recreation area. Noise from OHVs and street-legal ATVs increases
ambient sound to 23 dBA at 8,020 feet from the noise source.
Conventional motor vehicle noise levels drop to ambient sound levels
(20 dBA) only 2,900 feet from the noise source. This rule allows
street-legal ATVs at Farley Canyon and Blue Notch from March 2--October
31. OHVs are not allowed in these locations at any time during the
year. These restrictions will reduce noise impacts by lowering the
number of non-conventional motor vehicles in the area during certain
times of the year and by eliminating noise from non-conventional motor
vehicles at other times. This will help maintain a more quiet and
secluded experience for visitors.
8. Comment: Several commenters requested that the NPS designate a
historic route in the Rincon Area leading to Lake Powell as open to
motor vehicles. These commenters stated that this route has a precedent
of motor vehicle use and is identified on several area maps as the only
method of accessing the lake from the Hole in the Rock trail.
NPS Response: The Rincon Road is located within a proposed
wilderness area. The Wilderness Act prohibits the use of motor vehicles
in wilderness areas. 16 U.S.C. 1133(c). The NPS manages proposed
wilderness areas in a manner that preserves the wilderness character
and will not diminish the eligibility of such areas for designation.
9. Comment: One commenter suggested that all motor vehicles should
be allowed on Warm Creek Road between Big Water and the Cowboy Corral
on the way to Kelly Grade and Smoky Mountain. This commenter stated
that staging at Big Water is more convenient than trailering ATVs 11
miles down the road to Cowboy Corral. This commenter also suggested
opening Crosby Canyon to OHVs because it is often washed out and
impassible for conventional motor vehicles.
NPS Response: Conventional motor vehicles, street-legal ATVs, and
OHVs are allowed on Warm Creek Road. As a result, OHV and street-legal
ATVs users may stage at Big Water and are not required to trailer to
Cowboy Corral.
OHVs and street-legal ATVs are allowed on Crosby Canyon Road to the
end of the GMP road. Street-legal ATVs may access the shoreline at
Crosby Canyon from March 2-October 31. The purpose of the accessible
shoreline areas is to provide point-to-point travel from the end of the
GMP road to the shoreline of Lake Powell when lake levels are below the
end of the GMP roads. These areas are not intended to be ORV play
areas. During the open season, street-legal ATVs may choose a point-to-
point route in the accessible shoreline areas to avoid locations that
may be impassible by conventional motor vehicles.
10. Comment: One commenter identified several trails in the
Bullfrog shoreline area (three Ticaboo Mesa Overlook routes, and two
routes leading out from the Bullfrog South Campground) and encouraged
NPS to designate them as ORV routes, open to OHVs year-round.
This commenter stated that the overlook routes would allow land-
based visitors to better appreciate the stunning scenery of the
recreation area, while also granting simpler access to visitors who
desire to canyoneer and hike along the rim of the canyons. This
commenter stated that the routes from the campground are important
because they create a non-paved connection to the routes north of
Bullfrog, allowing visitors to experience hundreds of miles of routes
which lay just outside of the recreation area.
NPS Response: This rule does not designate additional ORV routes
near the Bullfrog North and South accessible shoreline area because
conventional motor vehicles, OHVs, and street-legal ATVs may access the
shoreline area on the unpaved GMP road which leads from adjacent BLM
lands and connects to BLM roads and routes. This GMP road also connects
to the Bullfrog North and South Campgrounds. Designating GMP roads as
the primary means of accessing shoreline destinations, points of
interest, and ORV routes and roads on adjacent lands allows the NPS to
restore duplicative and social routes that are
[[Page 3810]]
neither GMP roads nor designated ORV routes. ORV routes and areas
outside the recreation area may be accessed from other non-NPS lands
which are not affected by this rule.
Accessibility for Certain Groups of People
11. Comment: One commenter stated that seniors, individuals with
disabilities, and veterans should be exempt from the rule. Another
commenter suggested that if the purpose of allowing OHVs and street-
legal ATVs on unpaved GMP roads is to allow ``traditionally associated
people'' to conduct cultural activities, then the NPS should allow
these activities to continue under a special use permit or memorandum
of understanding, rather than opening unpaved GMP roads to OHV and
street-legal ATV use by the general public.
NPS Response: The NPS welcomes visitors of all ages to the
recreation area, including seniors, individuals with disabilities, and
military veterans. This rule allows these groups to use motor vehicles
within the recreation area in the same manner as other visitors. The
NPS does not believe any groups should be exempt from rules that are
designed to provide a variety of recreational opportunities while at
the same time helping to maintain visitor safety and protect resources.
A primary purpose of this rule is to provide a variety of
recreational opportunities to all types of visitors to the recreation
area. Allowing OHVs and street-legal ATVs on unpaved GMP roads allows
access to different locations within the recreation area for activities
such as sightseeing, fishing, canyoneering, and hiking. A special use
permit or memorandum of understanding that addresses particular groups
and specific activities would not be appropriate for a management
action that is intended to provide opportunities for access and
recreation to all members of the visiting public.
Coordination With State and Local Governments
12. Comment: Several commenters stated that the NPS created an
adversarial relationship and failed in its duty to coordinate with
state and local governments in the development of the proposed rule.
Specifically, these commenters suggested that the NPS disregarded their
viewpoint that favored motorized recreation within the recreation area.
NPS Response: The NPS valued the cooperating agency relationship it
shared with Kane, Garfield, San Juan, and Wayne Counties during the
development of the FEIS. The NPS sent letters to the counties with
information about the plan and held public open houses and cooperating
agency meetings throughout the process. At the request of the counties,
the NPS extended the deadline to review and comment on the DEIS twice.
The NPS considered the recommendations of the state and local
governments when drafting this rule and incorporated some of those
recommendations. The NPS removed permit requirements on two small ORV
route segments in San Juan County. The NPS conducted site visits with
the counties to the Orange Cliffs Special Management Unit that resulted
in the decision to allow OHVs on 8 miles of the Poison Spring Loop
where OHVs had been prohibited. These are only two examples of changes
made to the FEIS and the rule as a result of input received from the
counties. In addition, based upon public comments on the proposed rule,
the NPS intends to further evaluate the use of street-legal ATVs and
OHVs on the upper portion of the Flint Trail. Collectively, these
actions demonstrate that the NPS considered input from state and local
governments and did not disregard any particular viewpoint on the FEIS
or the proposed rule.
Permit Program
13. Comment: One commenter supported the NPS recovering all of the
costs of administering the ORV permit program, including costs for
start-up, monitoring, education, partnerships, and permit
administration. This commenter requested that the NPS disclose the
expected permit fee and demonstrate how fee revenues will offset the
costs of administering the program. Another commenter objected to the
permit fee requirement.
NPS Response: The NPS will use a permit fee to recover costs
associated with administering the ORV program. The fee will be used to
offset the costs of permit processing, education, resource protection,
and law enforcement activities related to the ORV program. Appendix B
of the FEIS identifies expected business and administrative costs that
the NPS would incur by implementing the selected action in the ROD.
These include the costs of administering the ORV permit program. The
NPS is allowed by law to recover all costs of providing necessary
services associated with permits. 54 U.S.C. 103104. The NPS may also
offset some of the costs of administering the permit program with
revenues from fees collected under the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801-6814). The NPS will announce the amount
of the fees prior to the start of the permit requirement that will
begin 90 days after the effective date of the rule. Fee amounts will be
based on the costs that are incurred by the NPS for the administration
of the program. The NPS does not expect the permitting system to
recover the full costs associated with managing an ORV program.
14. Comment: Several commenters supported the establishment of a
permit program conditioned upon how revenues are utilized. One
commenter advocated funds be invested in enhanced OHV opportunities and
road improvements, another commenter recommended hiring rangers to
repair areas damaged from increased use, and more than one commenter
requested the NPS hire additional law enforcement officers.
NPS Response: The NPS will use fees to recover costs from
administering the ORV program. Fee revenue could be used to maintain
facilities at ORV areas, recover personnel costs associated with
enforcing ORV rules, or to monitor and restore resources in ORV areas.
The NPS will spend fee revenues on a case-by-case basis given the
particular management priorities at that time. The NPS will share more
information about the fee structure during the 90-day delayed
implementation period prior to the start of the permit requirement.
Motor Vehicle Requirements
15. Comment: One commenter asked the NPS to prohibit the use of
vehicles with electric motors due to the risk of fire.
NPS Response: The NPS has not identified a risk of fire from
electric engines that is greater than the risk of fire from traditional
combustion engines.
16. Comment: Several commenters questioned the basis for
implementing a 96 dBA noise limit (using the SAE J1287 test standard)
instead of using the standard that applies to motor vehicles in other
NPS units. This other standard is set forth in 36 CFR 2.12, which
prohibits operating a motor vehicle in a manner that exceeds 60
decibels measured on the A-weighted scale at 50 feet. One commenter
stated that the 96 dBA standard would diminish the experience of non-
motorized visitors and potentially cause hearing damage.
NPS Response: Special regulations may relax a System-wide standard
where appropriate for the uses and resources in a specific System unit.
36 CFR 1.2(c). The 96 dBA noise limit is an established industry
standard with a well-defined measuring protocol (SAE J1287) and is a
practicable limit that has been used by other NPS units with
[[Page 3811]]
similar resource concerns, including Lake Meredith National Recreation
Area. This limit is used by the State of California for their ORV
programs and is consistent with OHV noise limits in Arizona. ARS 28-
1179(A)(3). The 96-dBA limit is consistent with requirements set by
federal and state agencies that manage lands adjacent to the recreation
area, including the United States Forest Service. Adopting this
standard for the recreation area will avoid regulations that are
inconsistent or incompatible across jurisdictional boundaries. As
identified in the FEIS, only 36.5% of the recreation area will be
impacted by noise related to ORV activity. This leaves ample
opportunities for visitors to have an experience free from noise from
OHVs and street-legal ATVs and to avoid areas where they may have
concerns about hearing damage. In addition, several of the accessible
shoreline areas will be closed seasonally to OHVs and street-legal
ATVs.
17. Comment: One commenter objected to using the SAE J1287 test
standard, which measures vehicle exhaust noise at 20 inches from the
exhaust of a stationary vehicle operating at half throttle. This
commenter stated that this test will not capture the actual noise of
motor vehicles in use at the recreation area, the majority of which
will be operated above half-throttle, generating more than 96 dBA of
noise. One commenter stated that the SAE J1287 test will be difficult
to implement in the field due to variable conditions, making the 96 dBA
noise requirement difficult to enforce, even if law enforcement
officers are properly trained and equipped with noise monitoring
equipment.
NPS Response: SAE J1287 should be adequate to assess the volume of
the primary noise source. SAE J1287 is a well-defined measurement
protocol and is widely used to enforce noise regulations in many
jurisdictions. Close (short distance) measurement of stationary vehicle
noise is recommended for the safety of law enforcement officers, which
allows them to give instructions to the vehicle operator and measure
noise output while maintaining detainment or arrest of a suspect. Close
measurements also allow law enforcement officers to measure noise
without needing to move into undisturbed areas to collect noise from a
distance.
18. Comment: One commenter suggested that the NPS prohibit the
modification of a vehicle in any manner that will amplify and otherwise
increase total noise emissions to a level greater than that emitted by
the motor vehicle as originally constructed.
NPS Response: The practical application of the decibel restriction
will result in the inability to modify most street-legal ATVs, OHVs,
and conventional motor vehicles and still meet that restriction. The
NPS is not concerned with the modification of vehicles that increase
total noise emissions as long as they remain below the 96 dBA limit.
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. Glen Canyon National
Recreation Area 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 will
not cause an unacceptable impact to the natural, aesthetic, or scenic
values of the recreation area. The Executive Order does not prohibit
the NPS from managing categories of ``off-road vehicles'' differently
in order to best protect park resources and values. The selected
alternative in the ROD, as implemented by this rule, does this by
distinguishing between conventional motor vehicles, OHVs, and street-
legal ATVs, all of which fall under the definition of ``off-road
vehicle'' in the Executive Order.
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 FEIS 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
[[Page 3812]]
developed this rule in a manner consistent with these requirements.
Reducing Regulation and Controlling Regulatory Costs (Executive Order
13771)
Enabling regulations are considered deregulatory under guidance
implementing Executive Order 13771 (M-17-21). This rule authorizes the
Superintendent to allow a recreational activity for the public to enjoy
and experience certain areas within the National Park System that would
otherwise be prohibited.
Regulatory Flexibility Act (RFA)
The agency certifies that this rule will not have a significant
economic impact 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
``Cost-Benefit and Regulatory Flexibility Analyses: Special Regulations
of Off-Road Motor Vehicles at Glen Canyon National Recreation Area''
that can be viewed online at on www.regulations.gov in Docket ID: NPS-
2018-0001. As stated in the Regulatory Flexibility Analysis section of
the report, the FEIS and rule were developed to maintain a diversity of
recreational opportunities throughout the recreation area. Several
small businesses catering to non-motorized recreational opportunities
currently operate in the Orange Cliffs Unit. Because the majority of
the Orange Cliffs Unit will remain closed to ORVs, impacts to these
businesses are not anticipated. Similarly, the NPS does not anticipate
impacts to small businesses in other areas of the recreation area due
to the incremental nature of the changes to baseline conditions in
those locations. Given these findings, the NPS certifies that there
will not be a significant economic impact on a substantial number of
small entities. The certification made by the NPS under the RFA also
relies on the associated cost-benefit analysis, which concludes that
the rule will likely generate positive net benefits.
Congressional Review Act (CRA)
This rule is not a major rule under 5 U.S.C. 804(2), the CRA. 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 effect 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.
Civil Justice Reform (Executive Order 12988)
This rule complies with the requirements of E.O. 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 consultation policy and have determined that tribal
consultation on the rule is not required because the rule will have no
substantial direct effect on federally recognized Indian tribes. In
support of the Department of Interior and NPS commitment for
government-to-government consultation with the 19 Native American
tribes and bands associated with the recreation area, however, and as a
reflection of the shared boundary of the recreation area and the Navajo
Nation, the NPS has engaged in a continuing process of consultation
with these tribes and bands. This consultation has taken the form of
correspondence, phone conversations, and meetings during the
preparation of the FEIS.
Paperwork Reduction Act (PRA)
This rule does not contain any new collections of information that
require approval by the Office of Management and Budget (OMB) under the
PRA. OMB has approved the information collection requirements
associated with NPS Form 10-933, ``Application for Special Park Use
Permit-Vehicle/Watercraft Use'' and has assigned OMB Control Number
1024-0026 (expires 11/30/20 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 Forms 10-933 under this information
collection to be 12,998 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 of 1969 (NEPA)
This rule constitutes a major Federal action significantly
affecting the quality of the human environment. We have prepared the
FEIS and ROD under the NEPA. The FEIS and ROD are available online at
http://parkplanning.nps.gov/glca-orvplan, and then clicking on the link
entitled ``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; the rule is not likely to have a significant
adverse effect on the supply, distribution, or use of energy, and the
rule has not otherwise been designated by the Administrator of
[[Page 3813]]
OIRA as a significant energy action. A Statement of Energy Effects is
not required.
List of Subjects in 36 CFR Part 7
National Parks, Reporting and recordkeeping requirements.
In consideration of the foregoing, the NPS 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 DC Code 50-2201.07.
0
2. In Sec. 7.70, add paragraph (f) to read as follows:
Sec. 7.70 Glen Canyon National Recreation Area.
* * * * *
(f) Motor vehicle use. Operating a motor vehicle is allowed within
the boundaries of Glen Canyon National Recreation Area under the
conditions in this paragraph (f).
(1) What terms do I need to know? In addition to the definitions
found in Sec. 1.4 of this chapter, the following definitions apply to
this paragraph (f) only:
Conventional motor vehicle means any motor vehicle that is designed
primarily for operation on streets and highways, and that is licensed
and registered for interstate travel. Automobiles, vans, highway
motorcycles (including dual-sports motorcycles licensed for use on a
highway), sport utility vehicles (SUVs), recreational vehicles (RVs),
pickup trucks, and buses are examples of conventional motor vehicles.
GMP road means a paved or unpaved park road that is identified in
the Glen Canyon 1979 General Management Plan as open to motor vehicle
travel. There are no park roads within the recreation area other than
GMP roads.
Off-highway vehicle (OHV) means any motor vehicle designed
primarily for off-road travel that is not licensed and registered for
interstate travel. ATVs (excluding street legal ATVs, as defined
below), dirt bikes, sand rails, side-by-sides, and dune buggies are
examples of OHVs.
Orange Cliffs Special Management Unit means the area identified as
the Orange Cliffs Special Management Unit in the Canyonlands National
Park and Orange Cliffs Unit of Glen Canyon National Recreation Area
Backcountry Management Plan (NPS 1995).
Street-legal all-terrain vehicle (ATV) means an ATV that qualifies
under Arizona or Utah motor vehicle and traffic code to be operated on
state roads and highways.
(2) Off-road motor vehicle permit requirement. (i) The provisions
in this paragraph (f)(2) are effective beginning on April 15, 2021.
(ii) A special use permit issued and administered by the
superintendent is required to operate a motor vehicle off GMP roads at
designated locations in the recreation area. Operating a motor vehicle
off GMP roads in the recreation area without a permit is prohibited
except for designated ORV routes that do not require a permit as
indicated in Table 1 to paragraph (f)(3)(ii).
(iii) Annual permits are valid for one calendar year from the day
they are issued. Shorter-term permits are valid from the day issued for
the stated duration of the permit.
(iv) A permit applicant must acknowledge that he or she understands
and agrees to abide by the rules governing off-road vehicle use in the
recreation area.
(v) Each motor vehicle permitted to operate off GMP roads must
display an NPS decal issued by the superintendent and affixed to the
vehicle in a manner and location specified by the superintendent.
(vi) Permits may be requested at recreation area headquarters,
recreation area visitor centers, on the recreation area's website, or
at other locations designated by the superintendent.
(vii) Violating any term, condition, or requirement of an off-road
vehicle permit is prohibited and may result in the suspension or
revocation of the permit and the denial of future permits, in addition
to the penalties provided by Sec. 1.3 of this chapter.
(3) Designated off-road motor vehicle locations. (i) The operation
of a motor vehicle off GMP roads within the recreation area is
prohibited except at the locations designated by this paragraph (f).
Designated locations and vehicle-free zones are identified on maps
available at the recreation area headquarters, visitor contact
stations, and on the recreation area's website.
(ii) Motor vehicles may be used off GMP roads at the locations and
subject to the management prescriptions in Table 1 to paragraph
(f)(3)(ii), except for vehicle-free zones where off-road vehicle use is
prohibited. Permit requirements in Table 1 to paragraph (f)(3)(ii) are
effective beginning on April 15, 2021.
Table 1 to Paragraph (f)(3)(ii)
----------------------------------------------------------------------------------------------------------------
Designated area or route for off-road
motor vehicle use Approximate size Management prescriptions
----------------------------------------------------------------------------------------------------------------
Lone Rock Beach......................... 250 acres.................. 15 mph speed limit (unless
otherwise posted).
Vehicle-free zone as posted.
Conventional motor vehicles,
street-legal ATVs, and OHVs allowed with
ORV permit.
Quiet hours between 10 pm and 6
am or as designated by superintendent.
Lone Rock Beach Play Area............... 180 acres.................. Conventional motor vehicles,
street-legal ATVs, and OHVs allowed with
ORV permit.
OHVs required to display a red
or orange safety flag at least six by 12
inches in size that is located at least
eight feet off the ground, or at least
18 inches above the top of the
protective headgear of a motorcycle or
dirt bike operator.
Quiet hours between 10 pm and 6
am or as designated by superintendent.
Blue Notch.............................. 325 acres.................. Street-legal ATVs allowed with
ORV permit from March 2-October 31.
Conventional motor vehicles
allowed with ORV permit year-round.
15 mph speed limit (unless
otherwise posted).
Quiet hours between 10 pm and 6
am or as designated by superintendent.
Bullfrog North and South................ 2,250 acres................ Street-legal ATVs allowed with
ORV permit from March 2-October 31.
Conventional motor vehicles
allowed with ORV permit year-round.
15 mph speed limit (unless
otherwise posted).
Quiet hours between 10 pm and 6
am or as designated by superintendent.
Vehicle-free zone as posted.
Copper Canyon........................... 30 acres................... Conventional motor vehicles and
street-legal ATVs allowed with ORV
permit year-round.
15 mph speed limit (unless
otherwise posted).
Quiet hours between 10 pm and 6
am or as designated by superintendent.
[[Page 3814]]
Crosby Canyon........................... 450 acres.................. Street-legal ATVs allowed with
ORV permit from March 2-October 31.
Conventional motor vehicles
allowed with ORV permit year-round.
15 mph speed limit (unless
otherwise posted).
Quiet hours between 10 pm and 6
am or as designated by superintendent.
Dirty Devil............................. 75 acres................... Street-legal ATVs allowed with
ORV permit from March 2-October 31.
Conventional motor vehicles
allowed with ORV permit year-round.
15 mph speed limit (unless
otherwise posted).
Quiet hours between 10 pm and 6
am or as designated by superintendent.
Farley Canyon........................... 275 acres.................. Street-legal ATVs allowed with
ORV permit from March 2-October 31.
Conventional motor vehicles
allowed with ORV permit year-round.
15 mph speed limit (unless
otherwise posted).
Quiet hours between 10 pm and 6
am or as designated by superintendent.
Hite Boat Ramp.......................... 50 acres................... Conventional motor vehicles and
street-legal ATVs allowed with ORV
permit year-round.
15 mph speed limit (unless
otherwise posted).
Quiet hours between 10 pm and 6
am or as designated by superintendent.
Neskahi................................. 15 acres................... Conventional motor vehicles and
street-legal ATVs allowed with ORV
permit year-round.
15 mph speed limit (unless
otherwise posted).
Quiet hours between 10 pm and 6
am or as designated by superintendent.
Nokai Canyon............................ 275 acres.................. Conventional motor vehicles and
street-legal ATVs allowed with ORV
permit year-round.
15 mph speed limit (unless
otherwise posted).
Quiet hours between 10 pm and 6
am or as designated by superintendent.
Paiute Canyon........................... 100 acres.................. Conventional motor vehicles and
street-legal ATVs allowed with ORV
permit year-round.
15 mph speed limit (unless
otherwise posted).
Quiet hours between 10 pm and 6
am or as designated by superintendent.
Paiute Farms............................ 1,000 acres................ Conventional motor vehicles and
street-legal ATVs allowed with ORV
permit year-round.
15 mph speed limit (unless
otherwise posted).
Quiet hours between 10 pm and 6
am or as designated by superintendent.
Red Canyon.............................. 50 acres................... Street-legal ATVs allowed with
ORV permit from March 2-October 31.
Conventional motor vehicles
allowed with ORV permit year-round.
15 mph speed limit (unless
otherwise posted).
Quiet hours between 10 pm and 6
am or as designated by superintendent.
Stanton Creek........................... 675 acres.................. Street-legal ATVs allowed with
ORV permit from March 2-October 31.
Conventional motor vehicles
allowed with ORV permit year-round.
15 mph speed limit (unless
otherwise posted).
Quiet hours between 10 pm and 6
am or as designated by superintendent.
Vehicle-free zone as posted.
White Canyon............................ 325 acres.................. Street-legal ATVs allowed with
ORV permit from March 2-October 31.
Conventional motor vehicles
allowed with ORV permit year round.
15 mph speed limit (unless
otherwise posted).
Quiet hours between 10 pm and 6
am or as designated by superintendent.
Ferry Swale............................. 16 miles................... Conventional motor vehicles,
street-legal ATVs and OHVs allowed with
ORV permit year-round.
25 mph speed limit (unless
otherwise posted).
Middle Moody Canyon Trailhead........... 2 miles.................... Conventional motor vehicles,
street-legal ATVs and OHVs allowed year-
round.
ORV permit not required.
25 mph speed limit (unless
otherwise posted).
East Gypsum Canyon Overlook............. 1.2 miles.................. Conventional motor vehicles,
street-legal ATVs and OHVs allowed year-
round.
ORV permit not required.
25 mph speed limit (unless
otherwise posted).
Imperial Valley......................... 0.75 miles................. Conventional motor vehicles,
street-legal ATVs and OHVs allowed year-
round.
ORV permit not required.
25 mph speed limit (unless
otherwise posted).
Gunsight Springs Trailhead.............. 1 mile..................... Conventional motor vehicles,
street-legal ATVs and OHVs allowed year-
round.
ORV permit not required.
25 mph speed limit (unless
otherwise posted).
----------------------------------------------------------------------------------------------------------------
(4) On-road motor vehicle use. (i) The operation of a motor vehicle
on GMP roads is prohibited except as set forth in Table 2 to paragraph
(f)(4)(i):
Table 2 to Paragraph (f)(4)(i)
----------------------------------------------------------------------------------------------------------------
Allowed on unpaved GMP Allowed on unpaved GMP
Allowed on paved GMP roads outside the roads within the Orange
Type of motor vehicle roads Orange Cliffs Special Cliffs Special Management
Management Unit Unit
----------------------------------------------------------------------------------------------------------------
Conventional motor vehicle......... Yes................... Yes................... Yes.
[[Page 3815]]
Street-legal ATV................... Yes (except for the Yes................... Yes, on Route 633
Lees Ferry Developed proceeding north to Route
Area). 730, an 8-mile portion of
the Poison Spring Loop and
on the upper portion of
the Flint Trail if
designated by the
Superintendent under
paragraph (4)(ii) below.
OHV................................ No.................... Yes................... Yes, on Route 633
proceeding north to Route
730, an 8-mile portion of
the Poison Spring Loop and
on the upper portion of
the Flint Trail if
designated by the
Superintendent under
paragraph (4)(ii) below.
----------------------------------------------------------------------------------------------------------------
(ii) The Superintendent may determine whether street-legal ATVs or
OHVs are allowed on a 15-20 mile section of an unpaved GMP road known
as the upper portion of the Flint Trail within the Orange Cliffs
Special Management Unit pursuant to paragraph (f)(6) of this section.
Except on the portion of the Poison Spring Loop identified in Table 2
to paragraph (f)(4)(i) and as may be allowed by the Superintendent on
the upper portion of the Flint Trail, street-legal ATVs and OHVs are
prohibited on unpaved GMP roads in the Orange Cliffs Special Management
Unit.
(5) Motor vehicle and operator requirements. (i) Motor vehicles
must be equipped at all times with noise-suppression devices, including
an exhaust muffler in good working order and in constant operation.
Operating a motor vehicle that emits more than 96 decibels of sound
(using the SAE J1287 test standard) is prohibited. Creating or
sustaining unreasonable noise considering the nature and purpose of the
actor's conduct, impact on park users, location, and other factors that
would govern the conduct of a reasonably prudent person is prohibited.
(ii) All motor vehicles operating in Lone Rock Beach Play Area must
be equipped with a solid red or orange safety flag that is a minimum of
six by 12 inches in size and that is attached to the vehicle so that
the safety flag is at least eight feet above the surface of the level
ground, or attached to the protective headgear of a person operating a
motorcycle or dirt bike so that the safety flag is at least 18 inches
above the top of the person's headgear. Operating a motor vehicle
without a safety flag at Lone Rock Beach Play Area is prohibited.
(iii) Operating a motor vehicle in excess of 15 mph (unless
otherwise posted) at the following off-road motor vehicle locations--
Lone Rock Beach, Blue Notch, Bullfrog North and South, Copper Canyon,
Crosby Canyon, Dirty Devil, Farley Canyon, Hite Boat Ramp, Neskahi,
Nokai Canyon, Paiute Canyon, Paiute Farms, Red Canyon, Stanton Creek,
and White Canyon--is prohibited.
(iv) Operating a motor vehicle in excess of 25 mph (unless
otherwise posted) on unpaved GMP roads and on off-road motor vehicle
routes in Ferry Swale, Middle Moody Canyon Trailhead, East Gypsum
Canyon Overlook, Imperial Valley, and Gunsight Springs Trailhead is
prohibited.
(v) Operating a motor vehicle within a designated off-road motor
vehicle area during quiet hours with the exception of entering and
exiting a campsite is prohibited.
(vi) Operating a generator or audio device, such as a radio, deck
or compact disc player, within a designated off-road motor vehicle area
during quiet hours is prohibited. During the hours of permitted
operation, generators must be adequately muffled and not create
excessive noise as defined in 36 CFR 2.12(a)(1).
(vii) Operating a motor vehicle within a posted ``vehicle-free''
zone is prohibited.
(viii) Operating an OHV under the age of 18 without a helmet is
prohibited.
(6) Superintendent's authority. (i) The superintendent may close or
reopen designated areas or routes to motor vehicle use, or impose
conditions or restrictions on the use of off-road motor vehicles after
taking into consideration public health and safety, natural and
cultural resource protection, lake levels, and other management
activities and objectives.
(ii) 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.
(iii) Violating any such closure, condition, or restriction is
prohibited.
(iv) The superintendent may suspend or revoke an existing permit,
and may deny future applications for an off-road motor vehicle permit,
based upon violations of any such closure, condition, or restriction.
George Wallace,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2020-28464 Filed 1-14-21; 8:45 am]
BILLING CODE 4312-52-P
[Federal Register Volume 86, Number 28 (Friday, February 12, 2021)]
[Rules and Regulations]
[Page 9289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: C1-2020-28464]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[Docket ID: NPS-2018-0001; NPS-GLCA-27587; PPIMGLCAS1;
PPMPSAS1Z.YP0000]
RIN 1024-AD93
Glen Canyon National Recreation Area; Motor Vehicles
Correction
In rule document 2020-28464, appearing on pages 3804-3815 in the
issue of the January 15, 2021, make the following corrections:
1. On page 3804, in the first column, DATES should read:
``DATES: This rule is effective on February 16, 2021.''
Sec. 7.70 [Corrected]
0
2. On page 3813, in the second column, paragraph (f)(2)(i) should read:
``(i) The provisions in this paragraph (f)(2) are effective
beginning on May 17, 2021.''
Sec. 7.70 [Corrected]
0
3. On same page, in the third column, paragraph (f)(3)(ii) introductory
text should read:
``(ii) Motor vehicles may be used off GMP roads at the locations
and subject to the management prescriptions in the table below, except
for vehicle-free zones where off-road vehicle use is prohibited. Permit
requirements in Table 1 to paragraph (f)(3)(ii) are effective beginning
on May 17, 2021.''
[FR Doc. C1-2020-28464 Filed 2-11-21; 8:45 am]
BILLING CODE 1301-00-D