Cape Cod National Seashore Off-Road Vehicle Use Negotiated Rulemaking Committee Publication: Federal Register Agency: National Park Service Byline: Bruce Babbitt Date: 19 May 1995 Subject: American Government

[Federal Register Volume 60, Number 97 (Friday, May 19, 1995)]
[Proposed Rules]
[Pages 26857-26858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12374]



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DEPARTMENT OF THE INTERIOR
National Park Service

36 CFR Part 7


Cape Cod National Seashore Off-Road Vehicle Use Negotiated 
Rulemaking Committee

AGENCY: National Park Service, Interior.

ACTION: Notice of Intent to Establish a Negotiated Rulemaking 
Committee.

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SUMMARY: As required by section 3 of the Negotiated Rulemaking Act of 
1990, 5 U.S.C. section 564, the National Park Service (NPS) is giving 
notice of its intent to establish a Negotiated Rulemaking Committee to 
negotiate and develop a proposed rule revising off-road vehicle use 
regulations at Cape Cod National Seashore. NPS has determined that the 
establishment of this Committee is in the public interest and supports 
the NPS in performing its duties and responsibilities under the 
National Park Service Organic Act, 16 U.S.C. 1 et seq., and the 
Endangered Species Act, 16 U.S.C. 1531 et seq. Copies of the 
Committee's charter will be filed with the appropriate committees of 
Congress and with the Library of Congress in accordance with section 
9(c) of the Federal Advisory Committee Act (FACA), 5 U.S.C. Appx.

DATES: NPS invites any interested person to comment on the proposal to 
create this Committee. In addition, NPS invites persons who believe 
that they will be significantly affected by the proposed rule and who 
believe their interests will not be adequately represented by the 
persons identified in this Notice, to apply for, or nominate another 
person for membership on the Committee. Each application must contain 
the information described in the ``Application for Membership'' section 
below. Applications or nominations for membership on the Committee 
should be submitted on or before June 19, 1995.

ADDRESSES: Comments and applications should be submitted to: Andrew T. 
Ringgold, Superintendent, Cape Cod National Seashore, South Wellfleet, 
MA 02663. Comments and applications received will be available for 
inspection at the address listed above from 8:00 a.m. to 4:30 p.m. EST, 
Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Andrew T. Ringgold, Superintendent, 
Cape Cod National Seashore, at the address listed above, or by 
telephone at (508) 349-3785, ext. 202.

SUPPLEMENTARY INFORMATION: The Committee's function will be to 
negotiate and develop a proposed rule to revise regulations that govern 
off-road vehicle use at Cape Cod National Seashore. It will attempt, 
via face-to-face negotiations, to reach consensus on concepts and 
language to use as the basis for a proposed rule to be published by the 
NPS in the Federal Register that would revise existing regulations 
codified at 36 CFR 7.67(a). The existing regulations have not been 
effective in resolving longstanding and controversial resource 
management and public use conflicts at the Seashore. With the 
participation of knowledgeable, affected parties, NPS expects to 
develop a practical approach to addressing these management and public 
use issues involving the protection of beach environments, their 
associated floral and faunal communities, and the public's desire for 
access to beach areas by motorized vehicle for fishing and other 
recreational activities.
    Scope of the Proposed Rule: Within the constraints of NPS statutory 
responsibilities to preserve natural and cultural resources and to 
provide for their enjoyment, the Committee will evaluate and address 
key issues including, but not limited to, the designation of specific 
off-road vehicle routes and areas, the periods of the year and times of 
day during which off-road vehicles may be operated, and other 
[[Page 26858]] conditions that govern the operation of off-road 
vehicles at Cape Cod National Seashore. It is anticipated that the 
Committee will develop proposed regulations in all of the above-
referenced areas.
    List of Interests Significantly Affected: The NPS has identified a 
number of interests who are likely to be affected significantly by the 
rule. Those parties are conservation and environmental organizations, 
recreational fishing organizations, off-road vehicle organizations, 
local town governments, commercial interests, and Federal, State and 
regional land use management and wildlife management agencies. Other 
parties who believe they are likely to be affected significantly by the 
Rule may apply for membership on the Committee pursuant to the 
``Application for Membership'' section below.
    Proposed Agenda and Schedule for Publication of Proposed Rule: 
Members of the Committee, with the assistance of a neutral facilitator, 
will determine the agenda for the Committee's work. The NPS expects to 
publish a proposed rule in the Federal Register before September 30, 
1995.
    Records of Meetings: In accordance with the requirements of the 
Federal Advisory Committee Act, 5 U.S.C. Appx. 1988, the NPS will keep 
a record of all Committee meetings.
    Administrative Support: To the extent authorized by law, the NPS 
will fund the costs of the Committee and provide administrative support 
and technical assistance for the activities of the Committee. The NPS 
will also provide staff expertise in resource management and operations 
to facilitate the Committee's work.
    Committee Membership: The Negotiated Rulemaking Act limits 
negotiated rulemaking committee membership to 25 members. NPS proposes 
the following membership for the Cape Cod National Seashore Off-Road 
Vehicle Use Negotiated Rulemaking Committee:

1. The interests of the Department of the Interior will be represented 
by the following two members:
    a. National Park Service--Andrew T. Ringgold
    b. U.S. Fish & Wildlife Service--Sussi von Oettingen
2. The interests of Environmental and Conservation organizations will 
be represented by the following four members:
    a. Association for the Preservation of Cape Cod--Susan Nickerson
    b. Conservation Law Foundation--Emily Bateson
    c. Massachusetts Audubon Society--John Clarke
    d. Sierra Club--David Dow
3. The interests of recreation/public use organizations will be 
represented by the following four members:
    a. Cape Cod Salties--Louis MacKeil
    b. Citizens Concerned for Seacoast Management--Ignatius Piazza
    c. Highland Fish and Game Club--Arthur Parker
    d. Massachusetts Beach Buggy Association--Ron Hebb--(508-881-6807)
4. The interests of the Commonwealth of Massachusetts will be 
represented by the following three members:
    a. Massachusetts Coastal Zone Management Agency--Pamela Rubinoff
    b. Massachusetts Department of Environmental Protection--Elizabeth 
Kouloharis
    c. Massachusetts Division of Fisheries and Wildlife--Thomas French
5. Regional planning, land use, tourism and economic development 
interests will be represented by two members:
    a. Cape Cod Chamber of Commerce--Michael Frucci
    b. Cape Cod Commission--Armando Carbonell
6. The interests of local town governments and residents will be 
represented by 6 members:
    a. Provincetown--Irene Rabinowitz
    b. Truro--Robert Martin
    c. Wellfleet--Robert Costa
    d. Eastham--Henry Lind
    e. Orleans--Paul Fulcher
    f. Chatham--Wayne Love.

    Application for Membership: Persons who believe they will be 
significantly affected by proposals to revise off-road vehicle use 
regulations at Cape Cod National Seashore and who believe that 
interests will not be adequately represented by any person identified 
in the ``Committee Membership'' section above, may apply for, or 
nominate another person for membership on the Cape Cod National 
Seashore Off-road Vehicle Use Negotiated Rulemaking Committee. In order 
to be considered complete, each application or nomination must include:
    1. The name of the applicant or nominee and a description of the 
interest(s) such person will represent;
    2. Evidence that the applicant or nominee is authorized to 
represent parties related to the interest(s) the person proposed to 
represent;
    3. A written commitment that the applicant or nominee will actively 
participate in good faith in the development of the proposed rule; and
    4. The reasons that the proposed members of the committee 
identified above do not represent the interests of the person 
submitting the application or nomination.
    To be considered, the application must be complete and received by 
the close of business on June 19, 1995 at the location indicated in the 
``Address'' section above. NPS will give full consideration to all 
applications and nominations timely submitted. The decision whether or 
not to add a person to the Cape Cod National Seashore Off-Road Vehicle 
Use Negotiated Rulemaking Committee will be based on NPS's 
determination whether an interest of that person will be significantly 
affected by the proposed rule, whether that interest is already 
adequately represented on the Committee, and if not, whether the 
applicant or nominee would adequately represent it.

Certification

    I hereby certify that the administrative establishment of the 
Cape Cod National Seashore Off-Road Vehicle Use Negotiated 
Rulemaking Advisory Committee is necessary and in the public 
interest in connection with the performance of duties imposed on the 
Department of the Interior by the Act of August 25, 1916, 16 U.S.C. 
1 et seq. and other statutes relating to the administration of the 
National Park System.

    Dated: March 9, 1995.
Bruce Babbitt,
Secretary of the Interior.
[FR Doc. 95-12374 Filed 5-18-95; 8:45 am]
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