[Federal Register Volume 83, Number 40 (Wednesday, February 28, 2018)]
[Proposed Rules]
[Pages 8640-8647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04030]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-GLCA-20681; PPIMGLCAS1; PPMPSAS1Z.YP0000]
RIN 1024-AD93


Special Regulations of the National Park Service; 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 its special 
regulations for Glen Canyon National Recreation Area to manage the use 
of motor vehicles on and off park roads. The rule would require a 
permit to operate a motor vehicle off roads in selected locations, 
designate routes and areas where motor vehicles may be used off roads, 
and allow the superintendent to establish closures and restrictions 
based upon specific criteria. The rule would also allow 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: Comments must be received by April 30, 2018.

ADDRESSES: You may submit comments, identified by the Regulation 
Identifier Number (RIN) 1024-AD93, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail to: Superintendent, Glen Canyon National Recreation 
Area, P.O. Box 1507, Page, Arizona 86040.
     Hand Deliver to: Superintendent, Glen Canyon National 
Recreation Area, 691 Scenic View Drive, Page, Arizona.
    Instructions: All submissions received must include the agency name 
and RIN for this rulemaking. Comments received will be posted without 
change to http://www.regulations.gov, including any personal 
information provided. For additional information, see the ``Public 
Participation'' heading of the SUPPLEMENTARY INFORMATION section of 
this document.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

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 [email protected].

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. The recreation area allows for a variety of 
recreational opportunities, including on- and off-road motor vehicle 
use. The recreation area 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. 
The recreation area is located in the heart of the Colorado Plateau 
region, which offers a natural diversity of rugged water- and wind-
carved canyons, buttes, mesas, and other outstanding physiographic 
features. 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. The recreation area constitutes a substantial part of the 
outstanding public lands of the Colorado Plateau.

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 used. 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.'' The proposed rule would designate 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. This 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 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.

[[Page 8641]]

     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 designated 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 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 this proposed rule as 
``GMP roads.'' All other roads within the recreation area are closed to 
public motor vehicle travel. Driving a motor vehicle off any paved or 
unpaved GMP road is considered off-road motor vehicle use.
    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 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/Draft Environmental Impact Statement

    The NPS has been managing ORV use in the recreation area for 
several decades. Although NPS had implemented ORV management plans for 
various parts of the recreation area in 1981 (Lone Rock Beach) and 1988 
(20 accessible shoreline areas on Lake Powell), past planning efforts 
failed to comply with the NPS regulation that requires a special 
regulation to designate off-road use areas. In 2005, the NPS was 
challenged in federal court over the failure to comply with Executive 
Orders 11644 and 11989, and 36 CFR 4.10(b) (Friends of the Earth, 
Bluewater Network Division, et al. v. United States Department of the 
Interior, et al. 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. The interim plans will remain 
in effect until the Off-Road Vehicle Management Plan/Final 
Environmental Impact Statement (FEIS) is completed and the Regional 
Director for the Intermountain Region signs a Record of Decision (ROD) 
identifying the selected action from the alternatives described in the 
FEIS. After the ROD is signed, the FEIS will supersede 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 online at 
http://parkplanning.nps.gov/GLCAFinalORVplan. 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.

Proposed Rule

    This proposed rule would establish a special regulation pursuant to 
36 CFR 4.10(b) to manage ORV use at the recreation area. The special 
regulation would implement the preferred alternative (Alternative E) 
for the recreation area described in the FEIS. The preferred 
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 
preferred 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. The final rule will implement the 
alternative selected in the Record of Decision, which will be signed by 
the Intermountain Regional Director prior to publication of the final 
rule.

Types of Motor Vehicles

    In order to effectively manage the use of motor vehicles in the 
recreation area, the NPS is proposing 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 proposed rule would distinguish between conventional motor 
vehicles, off-highway vehicles (OHVs), and street-legal ATVs, as 
follows:
     Conventional motor vehicle would be defined as 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 would be 
examples of conventional motor vehicles.
     OHV would be defined as any motor vehicle--excluding 
snowmobiles--that is designed primarily for off-road travel. ATVs, dirt 
bikes, sand rails, side-by-sides, and dune buggies would be examples of 
OHVs.
     Street-legal ATV would be defined as an ATV that qualifies 
under Arizona or Utah motor vehicle and traffic code

[[Page 8642]]

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 the proposed rule's definitions, conventional motor vehicles 
would not include OHVs or street-legal ATVs. The proposed rule would 
allow 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 proposed rule would implement specific regulations governing the 
use of ORVs in the recreation area, and would allow 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 would continue to be governed by the 
adopted laws and regulations of Arizona or Utah. Operators of 
conventional motor vehicles, OHVs, and street-legal ATVs would continue 
to be responsible for complying with all applicable Utah and Arizona 
statutes and regulations pertaining to the lawful operation of those 
vehicles. The FEIS lists current OHV operator and vehicle requirements 
for Arizona and Utah. These requirements are subject to change and may 
not be inclusive of all requirements.

Permit System

    The proposed rule would require a special use permit to operate a 
motor vehicle off GMP roads in the recreation area. Permits would 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 would issue a decal with each permit that 
would be required to be affixed to each vehicle in a manner and 
location determined by the superintendent. Decals would be required for 
each ORV operating in designated ORV areas or on designated ORV routes 
in the recreation area where a permit is required. Families could 
submit a single application for permits for multiple vehicles that are 
registered to members of that family. Annual permits would be valid for 
one calendar year from the date of issuance; two-week permits would 
also be available and valid from the date of issuance.
    Permit applications (NPS Form 10-933 ``Application for Special Use 
Permit--Vehicle/Watercraft Use'') would be available at headquarters 
(691 Scenic View Drive, Page, AZ 86040), at recreation area entrance 
stations when staffed, on the recreation area's website, and at other 
locations as designated by the superintendent. Permits would 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. Permit applications could be mailed to the recreation 
area at Glen Canyon National Recreation Area, P.O. Box 1507, Page, AZ 
86040-1507, brought to headquarters or an entrance station, or 
completed online. After the NPS processes completed permit 
applications, it would mail or provide 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 
would 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 special use permit program under 54 U.S.C. 103104. 
In order to obtain a special use permit to operate a motor vehicle off 
roads in the recreational area, the proposed rule would require 
operators to pay a permit fee to allow the NPS to recover these costs.

Designated ORV Routes and Areas

    The proposed rule would prohibit ORV use off GMP roads in the 
recreation area, except for NPS-designated ORV routes and areas. The 
proposed rule contains management prescriptions for each location, 
including seasonal closures, speed limits, quiet hours, and the types 
of ORV that would be allowed. These locations would 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 would be 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 would 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 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 NPS is proposing to require 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 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, NPS is proposing to 
implement a 96 dBA noise limit on all vehicles. Noise level would be 
measured by NPS staff using the SAE J1287 standard. Enforcement of this 
standard may include courtesy checks, checkpoints, and individual 
contacts. Measurements would be taken using certified equipment and 
protocols as is done with traffic radar. The proposed rule would 
require motor vehicles to have a functioning muffler system. These 
requirements would be in addition to state motor vehicle and operator 
requirements that are adopted by 36 CFR 4.2.

Travel on GMP Roads

    The proposed rule would continue to allow conventional motor 
vehicles on all paved and unpaved GMP roads in the recreation area. 
Street-legal ATVs would be allowed to operate on paved GMP roads except 
for the Lees Ferry Access Road. OHVs and street-legal ATVs would be 
allowed to operate on most unpaved GMP roads. OHVs and street-legal 
ATVs would be prohibited on GMP roads in the Orange Cliffs Special 
Management Unit, except for the Poison Spring Loop. On-road OHV and 
street-legal ATV use would be subject to the same restrictions and 
rules as conventional motor vehicle use. The speed limit on unpaved GMP 
roads would be 25 mph or as posted. The speed limits on paved GMP roads 
would not change and would remain as currently posted. GMP roads would 
be designated and posted with road numbers. Signs would indicate the 
status of a road segment as open or closed to OHV and street-legal ATV 
use

[[Page 8643]]

and would delineate the designated travel routes. Signs indicating that 
a GMP road is closed to OHVs or street-legal ATVs would remain in place 
or would be posted as needed.

Superintendent's Discretionary Authority

    Independent from the authority in 36 CFR 1.5, the proposed rule 
would allow the superintendent to close or reopen designated areas or 
routes to motor vehicle use, or designate roads for street-legal ATV or 
OHV use, or portions thereof, 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 would provide public notice of all such actions through 
one or more of the methods listed in 36 CFR 1.7.

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 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 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 would 
not cause an unacceptable impact to the natural, aesthetic, or scenic 
values of the recreation area.
    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 developed this 
rule in a manner consistent with these requirements.

Reducing Regulation and Controlling Regulatory Costs (Executive Order 
13771)

    This rule is an E.O. 13771 deregulatory action because once 
finalized, it will have costs less than zero.

Regulatory Flexibility Act (RFA)

    This rule will not have a significant economic effect on a 
substantial number of small entities under the RFA (5 U.S.C. 601 et 
seq.). This certification is based on the cost-benefit and regulatory 
flexibility analyses found in the report entitled ``Benefit-Cost and 
Regulatory Flexibility Analyses: Special Regulations of Off-Road Motor 
Vehicles at Glen Canyon National Recreation Area'' that can be viewed 
online at http://parkplanning.nps.gov/GLCAFinalORVplan by clicking the 
link entitled ``Document List.'' According to that report, no small 
entities would be directly regulated by the proposed rule, which would 
only regulate visitor use of ORVs.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the SBREFA. 
This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, federal, state, or local government 
agencies, or geographic regions.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S. based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act (UMRA)

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on state, 
local or tribal governments or the private sector. The designated ORV 
routes and areas are located entirely within the recreation area, and 
would 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.

[[Page 8644]]

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 proposed rule 
is limited in effect to federal lands managed by the NPS and would 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, 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 Special Park Use Permits and has assigned OMB 
Control Number 1024-0026 (expires 01/31/20) 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 this information collection 
to be 21,750 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 under the NEPA. The FEIS is summarized above and available online 
at http://parkplanning.nps.gov/GLCAFinalORVplan.

Effects on the Energy Supply (Executive Order 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects is not 
required.

Clarity of This Regulation

    We are required by Executive Orders 12866 (section 1(b)(12)), 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 we publish 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 we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section above. 
To better help us revise the rule, your comments should be as specific 
as possible. For example, you should tell us 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 above.

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. 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.

List of Subjects in 36 CFR Part 7

    National Parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, the NPS 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 DC 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 road that is identified in the 
Glen

[[Page 8645]]

Canyon 1979 General Management Plan as open to motor vehicle travel.
    Off-highway vehicle (OHV) means any motor vehicle designed 
primarily for off-road travel. ATVs, 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 a state's motor vehicle and traffic code to be operated on state 
roads and highways.
    (2) Off-road motor vehicle permit requirement. (i) 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 the table to 
Sec.  7.70(f)(3)(ii).
    (ii) Annual permits are valid for one calendar year from the day 
they are issued. Two-week permits are valid from the day issued.
    (iii) 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.
    (iv) 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.
    (v) Permits may be requested at the recreation area headquarters in 
Page, Arizona, at recreation area entrance stations when staffed, on 
the recreation area website, or at other locations as designated by the 
superintendent.
    (vi) 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 website (www.nps.gov/glca).
    (ii) Motor vehicles may be used off GMP roads at the following 
locations and subject to the following management prescriptions in the 
recreation area, except for vehicle-free zones where off-road vehicle 
use is prohibited:

                                         Table to Sec.   7.70(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
                                                                         operator.
                                                                         Quiet hours between 10 pm and 6
                                                                         am or as designated by superintendent.
Blue Notch....................................  325 acres.............   Conventional motor vehicles and
                                                                         street-legal ATVs allowed with ORV
                                                                         permit from March 1-October 31.
                                                                         Conventional motor vehicles
                                                                         allowed with ORV permit from November 1-
                                                                         February 28/29.
                                                                         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...........   Conventional motor vehicles and
                                                                         street-legal ATVs allowed with ORV
                                                                         permit from March 1-October 31.
                                                                         Conventional motor vehicles
                                                                         allowed with ORV permit from November 1-
                                                                         February 28/29.
                                                                         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.
Crosby Canyon.................................  450 acres.............   Conventional motor vehicles and
                                                                         street-legal ATVs allowed with ORV
                                                                         permit from March 1-October 31.
                                                                         Conventional motor vehicles
                                                                         allowed with ORV permit from November 1-
                                                                         February 28/29.
                                                                         15 mph speed limit (unless
                                                                         otherwise posted).
                                                                         Quiet hours between 10 pm and 6
                                                                         am or as designated by superintendent.
Dirty Devil...................................  75 acres..............   Conventional motor vehicles and
                                                                         street-legal ATVs allowed with ORV
                                                                         permit from March 1-October 31.
                                                                         Conventional motor vehicles
                                                                         allowed with ORV permit from November 1-
                                                                         February 28/29.
                                                                         15 mph speed limit (unless
                                                                         otherwise posted).
                                                                         Quiet hours between 10 pm and 6
                                                                         am or as designated by superintendent.

[[Page 8646]]

 
Farley Canyon.................................  275 acres.............   Conventional motor vehicles and
                                                                         street-legal ATVs allowed with ORV
                                                                         permit from March 1-October 31.
                                                                         Conventional motor vehicles
                                                                         allowed with ORV permit from November 1-
                                                                         February 28/29.
                                                                         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..............   Conventional motor vehicles and
                                                                         street-legal ATVs allowed with ORV
                                                                         permit from March 1-October 31.
                                                                         Conventional motor vehicles
                                                                         allowed with ORV permit from November 1-
                                                                         February 28/29.
                                                                         15 mph speed limit (unless
                                                                         otherwise posted).
                                                                         Quiet hours between 10 pm and 6
                                                                         am or as designated by superintendent.
Stanton Creek.................................  675 acres.............   Conventional motor vehicles and
                                                                         street-legal ATVs allowed with ORV
                                                                         permit from March 1-October 31.
                                                                         Conventional motor vehicles
                                                                         allowed with ORV permit from November 1-
                                                                         February 28/29.
                                                                         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.............   Conventional motor vehicles and
                                                                         street-legal ATVs allowed with ORV
                                                                         permit from March 1-October 31.
                                                                         Conventional motor vehicles
                                                                         allowed with ORV permit from November 1-
                                                                         February 28/29.
                                                                         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) Motor vehicles may be used on 
GMP roads as set forth in the following table:

[[Page 8647]]



                                          Table to Sec.   7.70(f)(4)(i)
----------------------------------------------------------------------------------------------------------------
                                      Allowed on paved GMP     Allowed on unpaved GMP
                                    roads in the recreation    roads in the recreation    Allowed on paved and
      Type of motor vehicle          area, including in the    area outside the Orange  unpaved GMP roads in the
                                     Orange Cliffs Special         Cliffs Special         Orange Cliffs Special
                                        Management Unit            Management Unit           Management Unit
----------------------------------------------------------------------------------------------------------------
Conventional motor vehicle.......  Yes......................  Yes.....................  Yes.
Street-legal ATV.................  Yes (except for the Lees   Yes.....................  No (except for Poison
                                    Ferry Developed Area).                               Spring Loop).
OHV..............................  No.......................  Yes.....................  No (except for Poison
                                                                                         Spring Loop).
----------------------------------------------------------------------------------------------------------------

    (ii) Operating a prohibited vehicle on a GMP road is prohibited.
    (5) Motor vehicle and operator requirements.
    (i) Motor vehicles must have a functioning muffler system. 
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 
which would govern the conduct of a reasonably prudent person is 
prohibited during quiet hours.
    (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 so that the safety flag is at least 18 inches above the top 
of the person's head. 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 areas--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 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 posted quiet hours with the exception of entering 
and exiting the area 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 posted 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.
    (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.

Jason Larrabee,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks, 
Exercising the Authority of the Assistant Secretary for Fish and 
Wildlife and Parks.
[FR Doc. 2018-04030 Filed 2-27-18; 8:45 am]
 BILLING CODE 4312-52-P