[Federal Register Volume 72, Number 124 (Thursday, June 28, 2007)]
[Proposed Rules]
[Pages 35373-35375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12012]



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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7


Cape Hatteras National Seashore; Off-Road Vehicle Management

AGENCY: National Park Service, Interior.

ACTION: Notice of Intent (NOI) to Establish a Negotiated Rulemaking 
Committee, Cape Hatteras National Seashore.

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SUMMARY: The Secretary of the Interior is giving notice of intent to 
establish the Negotiated Rulemaking Advisory Committee for Off-Road 
Vehicle Management at Cape Hatteras National Seashore (Committee) to 
negotiate and develop special regulations (proposed rule) for 
management of off-road vehicles (ORV) at Cape Hatteras National 
Seashore (Seashore).

DATES: Interested persons are invited to comment on the proposal to 
create this Committee. In addition, any persons who believe that they 
will be affected significantly by the proposed rule and who believe 
their interests will not be represented adequately by the persons 
identified in this NOI are invited 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. Comments and/or applications or nominations for membership on 
the Committee must be received by close of business July 30, 2007.

ADDRESSES: Comments and/or applications for membership may be submitted 
to Michael B. Murray, Superintendent, Cape Hatteras National Seashore, 
1401 National Park Drive, Manteo, North Carolina 27954. Alternatively, 
comments and applications may be submitted on-line through the National 
Park Service (NPS) Planning, Environment and Public Comment system 
(PEPC) at http://parkplanning.nps.gov/CAHA. Only comments and/or 
applications submitted through PEPC or hand-carried or mailed to the 
address above will be accepted. Comments and applications received will 
be available for inspection at the address listed above from 8:30 to 4, 
EST, Monday through Friday following the close of the comment period. 
Before including your address, phone number, e-mail 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. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

FOR FURTHER INFORMATION CONTACT: Michael B. Murray, Superintendent, 
Cape Hatteras National Seashore at the address listed below, or by 
telephone at 252 473-2111 extension 148. Information on negotiated 
rulemaking and on the ORV Management Plan/EIS is also available on-line 
at http://parkplanning.nps.gov/CAHA by clicking on Cape Hatteras 
National Seashore Off-Road Vehicle Negotiated Rulemaking and Management 
Plan/EIS, and on Documents List and/or Links.

SUPPLEMENTARY INFORMATION: The establishment of this Committee is in 
the public interest and supports the NPS in performing its duties and 
responsibilities under the NPS Organic Act, 16 U.S.C. 1 et seq., 
Executive Orders 11644 and 11989, 36 CFR 4.10, the Endangered Species 
Act, 16 U.S.C. 1531 et seq., the enabling legislation for the Seashore, 
16 U.S.C. 459 et seq., and other legal authorities. The Committee will 
negotiate to reach consensus on concepts and language to be used as the 
basis for a proposed rule governing ORV use at the Seashore. With the 
participation of knowledgeable affected parties, NPS expects to develop 
a practical approach to addressing the management and public-use issues 
involved in the public's desire for (1) access to beach areas by ORV 
for fishing and other recreational activities, (2) the quiet enjoyment 
of the natural scenery without motorized vehicles or their tire tracks, 
or sounds associated with their use, (3) public safety, and (4) the 
protection of beach environments and their associated plant and 
wildlife communities.

Background

    Use of ORVs has become an issue of concern and a source of 
controversy at several units of the National Park System in recent 
years. Executive Order 11644, amended by Executive Order 11989, 
requires certain Federal agencies permitting ORV use on agency lands to 
publish regulations designating specific trails and areas for this use. 
Title 36, Sec.  4.10 of the Code of Federal Regulations implements the 
Executive Orders for the NPS by providing that routes and areas 
designated for ORV use shall be promulgated as special regulations. 
Section 4.10 also provides that the designation of routes and areas 
shall comply with Executive Order 11644, and with Sec.  .5 of Title 36 
of the Code of Federal Regulations, regarding closures. While special 
regulations governing ORVs have been developed at some units of the 
National Park System, presently no comprehensive ORV Management Plan 
nor special regulations are in place at the Seashore. An ORV management 
plan and special regulations are necessary to ensure NPS compliance 
with the above authorities and NPS management policies. The absence of 
special regulations governing ORVs at the Seashore has led to 
inconsistent management of ORV use, increased conflicts between 
Seashore uses, and potential damage to natural and cultural resources. 
An ORV Management Plan and special regulations must be developed in 
order to provide consistency in ORV management and resource protection 
in areas of ORV use.
    The NPS contracted with the U.S. Institute for Environmental 
Conflict Resolution to provide a feasibility assessment as to whether a 
negotiated rulemaking is a practicable means to develop consensus on 
proposed special regulations for the Seashore. The feasibility 
assessment concluded that this negotiated rulemaking would satisfy the 
requirements of the Negotiated Rulemaking Act, 5 U.S.C. 561 et seq., 
and that a rulemaking for ORV management at the Seashore is appropriate 
for development through negotiation. Concurrently with the negotiated 
rulemaking, NPS will develop the ORV Management Plan using the National 
Environmental Policy Act (NEPA) planning process.
    Scope of the Proposed Rule. Within the constraints of NPS statutory 
and policy responsibilities to preserve natural and cultural resources 
and to provide for their enjoyment, the Committee will evaluate and 
address key issues possibly including, but not limited to, the 
designation of specific ORV routes and areas, the periods of the year 
and times of day during which ORVs may be operated, and other 
conditions that govern the operation of ORVs at the Seashore. Special 
ORV regulations at the Seashore would identify criteria to designate 
appropriate ORV use areas and routes, and would establish consistent 
ORV management practices and procedures that include the ability to 
adjust ORV management in response to changes in the Seashore's dynamic 
physical and biological environment. The management methodology 
embodied in the proposed rule would minimize adverse impacts to park 
resources due to ORV use, provide for visitor enjoyment and safety, and 
allow ORV use for those activities that are consistent with resource

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preservation as recognized under the Seashore's enabling legislation.
    List of Interests Significantly Affected. The NPS has identified a 
number of interests that are likely to be affected significantly by the 
rule. Those parties are Federal, State, and county government 
interests; local civic and neighborhood association and homeowner 
interests; environmental and conservation interests; various Seashore 
user interests, including ORV use, open access, recreation, water 
sports, recreational fishing, bird watching, and other general uses; 
and local tourism, visitation and business interests. Other parties who 
believe they are likely to be affected significantly by the proposed 
rule may apply for membership on the Committee under 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, which will include 
interactions with the concurrent NEPA planning process for developing 
an ORV Management Plan at the Seashore.
    Records of Meetings. In accordance with the requirements of the 
Federal Advisory Committee Act, 5 U.S.C. Appx. 1994, 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, keep a record of all Committee 
meetings, 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. In accordance with the Negotiated Rulemaking 
Act, membership is limited to 25, with each member having an alternate, 
unless the agency head determines that a greater number of members is 
necessary for the functioning of the committee or to achieve balanced 
membership. For this committee to achieve balanced membership among 
diverse national, regional, and local interests the feasibility 
assessment has recommended and the agency has determined, that a 
greater number of members is necessary. A membership of 28 is proposed 
for the Committee, consisting of the following:
    Civic and Homeowner Associations:
    1. Rodanthe-Waves-Salvo Civic Association, member C.A. Duke, 
alternate Pat Weston (Greater Kinnakeet Shores Homeowners Inc. and 
Rodanthe-Waves-Salvo Civic Association)
    2. Avon Property Owners Association, member Frank Folb, alternate 
Pat Weston (Greater Kinnakeet Shores Homeowners Inc. and Rodanthe-
Waves-Salvo Civic Association)
    3. Hatteras Village Civic Association, member Roy Kingery, 
alternate Jeffrey Wells (Hatteras Landing Homeowners Association)
    Commercial Fishermen:
    4. North Carolina Fisheries Association, Michael Peele, alternate 
William Foster (North Carolina Fisheries Association)
    Environmental and Natural Resource Conservation Advocates, State/
Regional/Local:
    5. Southern Environmental Law Center, member Derb Carter, alternate 
Michelle Nowlin (Southern Environmental Law Center)
    6. North Carolina Audubon, member Walker Golder, alternate Sidney 
Maddock (National Audubon Society)
    Environmental and Natural Resource Conservation Advocates, 
National:
    7. Coalition of National Park Service Retirees, member Robert 
Milne, alternate Dwight Rettie (Coalition of National Park Service 
Retirees)
    8. Defenders of Wildlife, member Jason Rylander, alternate Andrew 
Hawley (Defenders of Wildlife)
    9. Natural Resources Defense Council and The Wilderness Society, 
member Destry Jarvis, alternate Leslie Jones (The Wilderness Society)
    10. The Nature Conservancy, member Sam Pearsall, alternate Aaron 
McCall (The Nature Conservancy)
    Government, County:
    11. Dare County, member Warren Judge, alternate Ray Sturza (Dare 
County)
    12. Hyde County, member David Scott Esham, alternate Kevin Howard 
(Hyde County)
    Government, Federal:
    13. Cape Hatteras National Seashore, member Michael Murray, 
alternate Thayer Broili (Cape Hatteras National Seashore)
    14. U.S. Fish and Wildlife Service, member Pete Benjamin, alternate 
David Rabon (U.S. Fish and Wildlife Service)
    Government, State:
    15. North Carolina Marine Fisheries Commission, member Wayne 
Mathis, alternate Sara Winslow (North Carolina Marine Fisheries 
Commission)
    16. North Carolina Wildlife Resources Commission, member David 
Allen, alternate Susan Cameron (North Carolina Wildlife Resources 
Commission)
    Tourism, Visitation, and Businesses:
    17. Cape Hatteras Business Allies, member Judy Swartwood, alternate 
Stacy Stacks (Cape Hatteras Business Allies)
    18. Outer Banks Chamber of Commerce, member Scott Leggat, alternate 
Sam Hagedon (Outer Banks Chamber of Commerce)
    19. Outer Banks Visitors Bureau, member Carolyn McCormick, 
alternate Renee Cahoon
    User Groups, ORV Use:
    20. North Carolina Beach Buggy Association, member Jim Keene, 
alternate David Joyner (North Carolina Beach Buggy Association)
    21. United Four Wheel Drive Associations, member Carla Boucher, 
alternate Lyle Piner (United Four Wheel Drive Associations)
    User Groups, Open Access:
    22. Outer Banks Preservation Association, member David Goodwin, 
alternate John Alley (Outer Banks Preservation Association)
    User Groups, Other Users:
    23. Cape Hatteras Bird Club, member Ricky Davis, alternate Raymond 
Moore (Cape Hatteras Bird Club)
    24. Cape Hatteras Recreational Alliance, member Jim Lyons, 
alternate Steven Kayota (Frisco and Hatteras Homeowners Coalition)
    25. Water Sports Industry Association, member Trip Foreman, 
alternate Matt Nuzzo (Water Sports Industry Association)
    User Groups, Recreational Fishing:
    26. American Sportfishing Association, member Bob Eakes, alternate 
Carol Forthman (American Sportfishing Association)
    27. Cape Hatteras Anglers Club, member Larry Hardham, alternate 
Robert Davis (Cape Hatteras Anglers Club)
    28. Recreational Fishing Alliance, member Patrick Paquette, 
alternate Ronald Bounds (Recreational Fishing Alliance)
    Application for Membership. Persons who believe they will be 
significantly affected by proposals to develop special regulations for 
ORV use at the Seashore and who believe that their interests will not 
be represented adequately by any person identified in the ``Committee 
Membership'' section above may apply for or nominate another person for 
membership on the Committee. In order to be considered, each 
application or nomination must include:
    1. The name of the applicant or nominee and a description of the 
interest(s) such person shall represent,
    2. Evidence that the applicant or nominee is authorized to 
represent parties related to the interest(s) the person proposes 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

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    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 30 days after publication of this NOI in the 
Federal Register at the location indicated in the ADDRESSES section 
above. Full consideration will be given to all applications and 
nominations submitted in a timely manner. The decision whether or not 
to add a person to the 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 Hatteras National Seashore 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: June 13, 2007.
Dirk Kempthorne,
Secretary of the Interior.
 [FR Doc. E7-12012 Filed 6-27-07; 8:45 am]
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