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Glen Canyon National Recreation Area; Motor Vehicles Publication: Federal Register Agency: National Park Service Byline: Shannon A. Estenoz Date: 16 September 2024 Subject: American Government 
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[Federal Register Volume 89, Number 179 (Monday, September 16, 2024)]
[Proposed Rules]
[Pages 75511-75517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21032]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-GLCA-NPS0038209 PPIMGLCAA0.PPMPSAS1Z.Y00000-244P10361]
RIN 1024-AE91
Glen Canyon National Recreation Area; Motor Vehicles
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The National Park Service proposes to amend special
regulations for the Glen Canyon National Recreation Area to update
rules about the use of motor vehicles on roads and off roads on
designated routes and areas.
DATES: Comments must be received by November 15, 2024. Information
Collection Requirements: If you wish to comment on the information
collection requirements in this proposed rule, please note that the
Office of Management and Budget (OMB) is required to decide on the
collection of information contained in this proposed rule between 30
and 60 days after publication of this proposed rule in the Federal
Register. Therefore, comments should be submitted to OMB by November
15, 2024.
ADDRESSES: You may submit comments, identified by the Regulation
Identifier Number (RIN) 1024-AE91, by any of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov/. Follow the instructions for submitting comments.
(2) By hard copy: Mail to: Superintendent, Glen Canyon National
Recreation Area, P.O. Box 1507, Page, Arizona 86040.
Instructions: Comments will not be accepted by fax, email, or in
any way other than those specified above. All submissions received must
include the words ``National Park Service'' or ``NPS'' and must include
the docket number or RIN (1024-AE91) for this rulemaking. Comments
received may be posted without change to https://www.regulations.gov/,
including any personal information provided. The NPS will not accept
bulk comments in any format (hard copy or electronic) submitted on
behalf of others. The scope of this rule is limited to the specific
changes to existing regulations proposed in this document. The NPS will
not consider comments that address aspects of existing regulations that
would not being changed by this proposed rule.
[[Page 75512]]
Docket: For access to the docket to read comments received, go to
https://www.regulations.gov/ and search for ``1024-AE91.''
Information Collection Requirements: Written comments and
suggestions on the information collection requirements should be
submitted by the date specified above in DATES to https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. Please provide a copy of
your comments to the NPS Information Collection Clearance Officer
(ADIR-ICCO), 13461 Sunrise Valley Drive (MS-244), Herndon, VA 20171
(mail); or phadrea_ponds@nps.gov (email). Please include ``1024-AE91''
in the subject line of your comments.
FOR FURTHER INFORMATION CONTACT: Michelle Kerns, Superintendent, Glen
Canyon National Recreation Area, P.O. Box 1507, Page, Arizona 86040, by
phone at 928-608-6210, or by email at GLCA_Superintendent@nps.gov.
Individuals in the United States who are deaf, deafblind, hard of
hearing, or have a speech disability may dial 711 (TTY, TDD, or
TeleBraille) to access telecommunications relay services. Individuals
outside the United States should use the relay services offered within
their country to make international calls to the point-of-contact in
the United States. In compliance with the Providing Accountability
Through Transparency Act of 2023, the plain language summary of the
proposal is available on Regulations.gov in the docket for this
rulemaking.
SUPPLEMENTARY INFORMATION:
Background
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. These general authorities allow the NPS
to regulate the use of motor vehicles within the recreation area, both
on roads and off roads in designated routes and areas.
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, in part, 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 proposed rule would
implement regulatory changes for certain areas 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. The proposed changes to motor
vehicle use on roads within the recreation area are not subject to the
requirements in 36 CFR 4.10(b) and the Executive Orders. Paved and
unpaved roads within the recreation area are referred to in this rule
and defined in the regulations as ``GMP roads'' because they are
identified in the recreation area's 1979 General Management Plan as
open to motor vehicle traffic. There are no roads within the recreation
area other than GMP roads.
Current Motor Vehicle Use in the Recreation Area
In 2021, the NPS promulgated special regulations addressing the use
of motor vehicles within the recreation area (86 FR 3804). These
regulations are codified at 36 CFR 7.70(f) and address the use of
conventional motor vehicles, off-highway vehicles (OHVs), and street-
legal all-terrain vehicles (ATVs). The regulations establish rules for
the use of motor vehicles on paved and unpaved GMP roads and off roads
in designated areas and routes. The regulations also contain a permit
requirement for off-road motor vehicle use, motor vehicle and operator
requirements, and provide the superintendent with a specific
discretionary authority to establish closures, conditions, and
restrictions on off-road motor vehicle use after taking into
consideration public health and safety, natural and cultural resource
protection, lake levels, and other management activities and
objectives.
Litigation and Settlement Agreement
National Parks Conservation Association filed a Complaint
challenging the special regulations on January 19, 2021, which they
subsequently amended on April 16, 2021. More than two years later,
Southern Utah Wilderness Alliance filed a Complaint on March 15, 2023,
which it subsequently amended on August 7, 2023. The Court consolidated
the two matters and stayed the cases for settlement discussions among
the parties. The Parties executed a Settlement Agreement on March 26,
2024. The court subsequently entered an Order dismissing the cases on
April 10, 2024. As part of the Settlement, the NPS agreed to propose
revisions to the existing special regulations.
Proposed Rule
This rule would make the following changes to the existing special
regulations in 36 CFR 7.70(f).
Two changes would address OHV and street-legal ATV use in the
Orange Cliffs Special Management Unit, defined in the existing
regulations as the area
[[Page 75513]]
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). The
rule would prohibit the use of OHVs and street-legal ATVs on an 8-mile
segment of the Poison Spring Loop located on Route 633 proceeding north
to Route 730 in the Orange Cliffs Special Management Unit, identified
in Table 2 to paragraph (f)(4)(i) in the existing special regulations.
The rule would also eliminate the superintendent's authority to
potentially allow OHVs and street-legal ATVs on the upper portion of
the Flint Trail in the Orange Cliffs Special Management Unit,
identified in Table 2 to paragraph (f)(4)(i) in the existing special
regulations.
Three other changes would address off-road vehicle use in areas
that allow for access from GMP roads to the shoreline of the lake,
referred to as shoreline access areas.
One change would affect the following 10 shoreline access areas
that are identified in table 1 to paragraph (f)(3)(ii) of the existing
special regulations: Lone Rock Beach, Blue Notch, Bullfrog North and
South, Crosby Canyon, Dirty Devil, Farley Canyon, Hite Boat Ramp, Red
Canyon, Stanton Creek, White Canyon. The rule would separate the
existing shoreline access area at Bullfrog North and South into two
shoreline access areas, one for Bullfrog North and another for Bullfrog
South. The rule would require the superintendent to identify lake
elevation levels at each of the 11 shoreline access areas where, if the
lake elevation drops below the identified level and remains below the
identified level for seven consecutive days, the shoreline access area
would close to off-road motor vehicle use. Inversely, if the lake
elevation increases above the identified level and remains above the
identified level for seven consecutive days, the shoreline access area
would open to off-road vehicle use.
The rule would require the superintendent to use hydrologic data
from the United States Geological Survey and the Bureau of Reclamation
to set the lake elevation levels, which would be subject to change
based upon public health and safety, natural and cultural resource
protection, and other management activities and objectives. The rule
would require the elevation levels to be published on the recreation
area's website and listed in the superintendent's compendium for the
recreation area. The superintendent's compendium is a written
compilation of all the designations, closures, permit requirements and
other restrictions imposed under discretionary authority, required by
36 CFR 1.7(b). After the lake elevation drops below or rises above the
identified level, and the seven-day waiting period has concluded, the
rule would require the superintendent to identify the shoreline access
area as open or closed to off-road vehicle use on the website for the
recreation area and in the superintendent's compendium within 14 days
after the expiration of the seven-day waiting period. The rule would
require the NPS to install signs at each shoreline access area
notifying the public that it is opened or closed to off-road motor
vehicle use. When a shoreline access area is closed because lake
elevations have dropped, the rule also would require the NPS to
consider additional steps to prevent off-road vehicle use in the area,
such as the installation of gates. The rule would clarify that motor
vehicle use on a GMP road may continue within a closed shoreline access
area at the discretion of the superintendent, and subject to the rules
for operating a motor vehicle on such roads in the special regulations.
A second change related to shoreline access areas would add a
statement in the regulations that off-road vehicle use in any of those
areas, including the shoreline access areas identified in table 1 to
paragraph (f)(3)(ii) of the existing special regulations that are not
subject to closure based upon lake elevation, must be for the purpose
of traveling from a GMP road to the shoreline, and back. This would
draw a clear distinction between the purpose of off-road vehicle use in
shoreline access areas and the purpose of off-road vehicle use in Lone
Rock Beach, Lone Rock Beach Play Area, and Ferry Swale, which are
identified in table 1 to paragraph (f)(3)(ii), but not considered
shoreline access areas. Lone Rock Beach is a developed area with a
year-round campground and visitor activities associated with that use.
Lone Rock Beach Play Area is a fenced location open to dispersed, high-
intensity ORV use. Ferry Swale is a network of approximately 21 miles
of off-road vehicle routes that does not provide access to the lake.
The existing regulations in paragraph (f)(6)(i) require the
superintendent to provide public notice of closures, conditions or
restrictions on ORV use through one or more of the methods listed in 36
CFR 1.7. A third change affecting shoreline access areas would require
the superintendent, in every case, to publish notice of all such
actions on the recreation area's website.
The revised rule would also prohibit OHV and street-legal ATV use
on the following unpaved GMP roads in the Recreation & Resource
Utilization Zone that is defined in the 1979 General Management Plan
for the recreation area:
Unnamed road near Dry Mesa/Sheep's Canyon near Hite,
sometimes referred to as Dry Mesa Road (approximately 4.31 miles).
Road #2/95 Spur near Hite, also known as Dirty Devil Spur
(approximately 1.14 miles).
Cove Canyon Spur Road near Hite (approximately 0.65
miles).
Flint Trail Spur Road near Hite, also known as Waterhole
Flat Spur #1 Road & Dark Canyon Overlook Road (approximately 0.72
miles).
Ticaboo Mesa Road near Bullfrog (approximately 1.45
miles).
Muley Point Road (approximately 1.26 miles).
Johns Canyon Road near Muley Point (approximately 7.49
miles).
NPS would also change the quiet hours in the Lone Rock Beach Play
Area from 10 p.m. to 6 a.m., in the existing regulations, to sunset to
sunrise in the proposed rule. The superintendent retains the authority
to lengthen the quiet hour time-period.
This rule would also replace a reference in paragraph (f)(2)(ii) of
Sec. 7.70 of the existing regulations to a ``special use permit'' with
a general reference to a ``permit,'' in order to provide the NPS with
the flexibility to use, upon further analysis, other types of permits
to authorize off-road vehicle use, such as special recreation permits
under the Federal Lands Recreation Enhancement Act. 16 U.S.C. 6802(h).
Finally, the rule would remove two sentences in paragraphs
(f)(2)(i) and (f)(3)(ii) stating that certain regulations are effective
beginning on May 17, 2021. This date has passed and therefore these
statements are obsolete and unnecessary.
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
[[Page 75514]]
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'' 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 the requirements of Executive Order
11644. Substantive analysis supporting this determination includes, but
is not limited to, the January 2017 Off-Road Vehicle Management Plan/
Final Environmental Impact Statement (FEIS), and the pending revised
Record of Decision and Non-Impairment Determination for this
rulemaking.
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 that was selected in the related 2017 Record of Decision
includes monitoring and resource protection procedures and periodic
review to provide for the ongoing evaluation of impacts of motor
vehicle use on protected resources. This ongoing adaptive management
and monitoring protocol would continue under the proposed rule. The
superintendent retains authority to take appropriate action as needed
to protect the resources of the recreation area.
Regulatory Planning and Review (Executive Orders 12866 and 13563 and
14094)
Executive Order 12866, as amended by Executive Order 14094,
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 the final rule is not significant.
Executive Order 14094 amends Executive Order 12866 and reaffirms
the principles of Executive Order 12866 and Executive Order 13563 and
states that regulatory analysis should facilitate agency efforts to
develop regulations that serve the public interest, advance statutory
objectives, and be consistent with Executive Order 12866, Executive
Order 13563, and the Presidential Memorandum of January 20, 2021
(Modernizing Regulatory Review). Regulatory analysis, as practicable
and appropriate, shall recognize distributive impacts and equity, to
the extent permitted by law.
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. Executive Order 13563 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. The NPS has developed this
proposed rule in a manner consistent with these requirements.
Regulatory Flexibility Act (RFA)
This proposed 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.). No small entities would be directly regulated by the proposed
rule, which would only modify regulations affecting visitor use of ORVs
in certain areas of the park. The roads that would be closed to OHV and
street-legal ATV use only account for 25 of 388 miles (or approximately
six percent) of GMP roads open to motor vehicle use in the recreation
area. Currently, there are no authorized guiding companies that use
OHVs and street-legal ATVs on the roads that would be closed to those
vehicles.
Congressional Review Act
This rulemaking is not a major rule under 5 U.S.C. 804(2). This
rulemaking:
(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
This rulemaking does not impose an unfunded mandate on State,
local, or Tribal governments or the private sector of more than $100
million per year. The rulemaking does not have a significant or unique
effect on State, local or Tribal governments or the private sector. It
addresses public use of national park lands and imposes no requirements
on other agencies or governments. A statement containing the
information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531
et seq.) is not required.
Takings (Executive Order 12630)
This rulemaking does not effect a taking of private property or
otherwise have takings implications under Executive Order 12630. A
takings implication assessment is not required.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, the
rulemaking does not have sufficient federalism implications to warrant
the preparation of a federalism summary impact statement. This
rulemaking only affects use of federally administered lands and waters.
It has no direct effects on other areas. A federalism summary impact
statement is not required.
Civil Justice Reform (Executive Order 12988)
This rulemaking complies with the requirements of Executive Order
12988. This rulemaking:
(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
[[Page 75515]]
have evaluated this proposed rule under the criteria in Executive Order
13175 and under the Department's consultation policy and have
determined that Tribal consultation on the proposed rule is not
required because the proposed 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, 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 bimonthly newsletters, in-person
meetings with chapter houses, informal email updates, and formal update
letters.
Paperwork Reduction Act (PRA)
This proposed rule contains no new information requirements that
will affect the currently approved information collection. (NPS Special
Park Use Permits NPS Form 10-933--OMB Control Number 1024-0026). By
using NPS Form 10-933 this action will cause a net increase of 3,000
respondents and 750 burden hours. 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). Based on the
anticipated net increase, we expect that the overall respondent burden
for this collection will be 83,542 responses totaling 23,640 annual
burden hours.
Title of Collection: Special Park Use Applications, portions of 36
CFR 1-7, 13, 20, and 34.
OMB Control Number: 1024-0026.
Form Number: NPS Forms 10-930, 10-930c, 10-930s, 10-930q, 10-931,
10-932, 10-933, 10-934.
Type of Review: Revision of a currently approved collection.
Respondents/Affected Public: Individuals/households (licensed
anglers drawn from three representative U.S. States).
Total Estimated Number of Annual Respondents: 83,542.
Total Estimated Number of Annual Responses: 83,542.
Estimated Completion Time per Response: Varies from 15 minutes to
30 minutes.
Total Estimated Number of Annual Burden Hours: 23,640.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour Burden Cost: $6,265,650 for
application fees.
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 a FEIS
under NEPA. The FEIS is available online at http://parkplanning.nps.gov/glca-orvplan, and then clicking on the link
entitled ``Document List''. Upon or before publication of the final
rule, the NPS will publish a revised Record of Decision for the FEIS on
the recreation area planning website identified above.
Effects on the Energy Supply (Executive Order 13211)
This proposed rule is not a significant energy action under the
definition in Executive Order 13211. A Statement of Energy Effects is
not required.
Clarity of This Rule
The NPS is required by Executive Orders 12866 (section 1(b)(12))
and 12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule the NPS publishes must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use common, everyday words and clear language rather than
jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that the NPS has not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help the NPS revise the proposed rule, your comments should be
as specific as possible. For example, you should identify the numbers
of the sections or paragraphs that you find unclear, which sections or
sentences are too long, the sections where you feel lists or tables
would be useful, etc.
Public Participation
It is the policy of the Department of the Interior, whenever
practicable, to afford the public an opportunity to participate in the
rulemaking process. Accordingly, interested persons may submit written
comments regarding this proposed rule by one of the methods listed in
the ADDRESSES section of this document.
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time.
List of Subjects in 36 CFR Part 7
National parks, Reporting and recordkeeping requirements.
In consideration of the foregoing, the National Park Service
proposes to amend 36 CFR part 7 as follows:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
0
1. The authority citation for part 7 continues to read as follows:
Authority: 54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also
issued under D.C. Code 10-137 and D.C. Code 50-2201.07.
0
2. Amend Sec. 7.70 by:
0
a. Removing and reserving paragraph (f)(2)(i);
0
b. In paragraph (f)(2)(ii), removing the words ``special use'';
0
c. In paragraph (f)(3)(ii), removing the last sentence;
0
d. In table 1 to paragraph (f)(3)(ii):
0
i. Adding, at the top of the table, entries for ``Bullfrog North'' and
``Bullfrog South'';
0
ii. Revising the entry for ``Lone Rock Beach Play Area''; and
0
iii. Removing the entry for ``Bullfrog North and South'';
0
e. Adding paragraphs (f)(3)(iii) and (iv);
0
f. Revising table 2 to paragraph (f)(4)(i); and
0
g. Revising paragraphs (f)(4)(ii) and paragraph (f)(6)(ii).
The revisions and additions read as follows:
* * * * *
(f) * * *
(3) * * *
(ii) * * *
[[Page 75516]]
Table 1 to Paragraph (f)(3)(ii)
----------------------------------------------------------------------------------------------------------------
Designated area or route for off-road motor Approximate
vehicle use size (acres) Management prescriptions
----------------------------------------------------------------------------------------------------------------
Bullfrog North................................. 860 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 p.m. and 6 a.m.
or as designated by superintendent.
Vehicle-free zone as posted.
Bullfrog South................................. 1,410 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 p.m. and 6 a.m.
or as designated by superintendent.
Vehicle-free zone as posted.
* * * * * * *
Lone Rock Beach Play Area...................... 180 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 sunset and sunrise
or as lengthened by the superintendent.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(iii) Certain areas designated in table 1 to paragraph (f)(3)(ii)
will close and open to off-road motor vehicle use pursuant to the
provisions in this paragraph (f)(3)(iii).
(A) The superintendent will identify lake elevation levels for each
of the following areas designated in table 1 to paragraph (f)(3)(ii):
Lone Rock Beach, Blue Notch, Bullfrog North, Bullfrog South, Crosby
Canyon, Dirty Devil, Farley Canyon, Hite Boat Ramp, Red Canyon, Stanton
Creek, and White Canyon.
(B) The superintendent will use hydrologic data from the United
States Geological Survey and the Bureau of Reclamation to identify the
lake elevation levels, which would be subject to change based upon
public health and safety, natural and cultural resource protection, and
other management activities and objectives. The superintendent will
notify the public of the lake elevation levels by publishing them on
the website of the recreation area and in the superintendent's
compendium (or written compilation) of discretionary actions referred
to in 36 CFR 1.7(b).
(C) If the lake elevation drops below the identified level for a
designated area and remains below the identified level for seven
consecutive days, the superintendent will close the designated area to
off-road motor vehicle use. If the lake elevation increases above the
identified level for a designated area and remains above the identified
level for seven consecutive days, the superintendent will open the
designated area to off-road motor vehicle use. The superintendent will
notify the public that a designated area has been closed or opened to
off-road motor vehicle use within 14 days after the expiration of the
seven-day waiting period, by publishing a notice of the management
action on the website of the recreation area and in the
superintendent's compendium.
(D) The National Park Service will install signs at each designated
area notifying the public that it is opened or closed to off-road motor
vehicle use. When a designated area is closed because lake elevations
have dropped, the superintendent will consider additional steps to
prevent off-road motor vehicle use in the area, such as the
installation of gates. Motor vehicle use on a GMP road may continue
within a closed designated area at the discretion of the
superintendent, and subject to the rules for operating a motor vehicle
on such roads in this paragraph (f) to Sec. 7.70.
(iv) Off-road motor vehicle use in any of the areas designated in
Table 1 to Paragraph (f)(3)(ii), except for Lone Rock Beach, Lone Rock
Beach Play Area and Ferry Swale, must be for the purpose of traveling
from a GMP road to the shoreline, and back.
(4) * * *
(i) * * *
Table 2 to Paragraph (f)(4)(i)
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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 Unit Management Unit
----------------------------------------------------------------------------------------------------------------
Conventional motor vehicle........... Yes.................... Yes.................... Yes.
Street-legal ATV..................... Yes (except for the Yes (except for the GMP No.
Lees Ferry Developed roads identified in
Area). paragraph (f)(4)(ii)).
OHV.................................. No..................... Yes (except for the GMP No.
roads identified in
paragraph (f)(4)(ii)).
----------------------------------------------------------------------------------------------------------------
(ii) Street-legal ATVs and OHVs are not allowed on the following
unpaved GMP roads identified in the Recreation & Resource Utilization
Zone, as defined in the 1979 General Management Plan for the recreation
area:
(A) Unnamed road near Dry Mesa/Sheep's Canyon near Hite, sometimes
referred to as Dry Mesa Road (approximately 4.31 miles).
[[Page 75517]]
(B) Road #2/95 Spur near Hite, also known as Dirty Devil Spur
(approximately 1.14 miles).
(C) Cove Canyon Spur Road near Hite (approximately 0.65 miles).
(D) Flint Trail Spur Road near Hite, also known as Waterhole Flat
Spur #1 Road and Dark Canyon Overlook Road (approximately 0.72 miles).
(E) Ticaboo Mesa Road near Bullfrog (approximately 1.45 miles).
(F) Muley Point Road (approximately 1.26 miles).
(G) Johns Canyon Road near Muley Point (approximately 7.49 miles).
* * * * *
(6) * * *
(i) * * *
(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, and through publication on the recreation area website.
* * * * *
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2024-21032 Filed 9-13-24; 8:45 am]
BILLING CODE 4312-52-P