[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Rules and Regulations]
[Pages 3804-3815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28464]



[[Page 3804]]

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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[Docket ID: NPS-2018-0001; NPS-GLCA-27587; PPIMGLCAS1; 
PPMPSAS1Z.YP0000]
RIN 1024-AD93


Glen Canyon National Recreation Area; Motor Vehicles

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: The National Park Service amends its special regulations for 
Glen Canyon National Recreation Area to manage the use of motor 
vehicles on and off park roads. The rule requires a permit to operate a 
motor vehicle off roads in selected locations, designates routes and 
areas where motor vehicles may be used off roads, and allows the 
superintendent to establish closures and restrictions based upon 
specific criteria. The rule also allows certain types of off-road 
vehicles on some paved and unpaved roads in the recreation area. Unless 
provided for by special regulation, operating a motor vehicle off roads 
within areas of the National Park System is prohibited.

DATES: This rule is effective on February 16, 2021 except for the 
provisions in Sec.  7.70(f)(2) and the permit requirements in Table 1 
to Sec.  7.70(f)(3)(ii) which are effective April 15, 2021.

ADDRESSES: The comments received on the proposed rule and an economic 
analysis are available on www.regulations.gov in Docket ID: NPS-2018-
0001.

FOR FURTHER INFORMATION CONTACT: William Shott, Superintendent, Glen 
Canyon National Recreation Area, P.O. Box 1507, Page, Arizona 86040, by 
phone at 928-608-6205, or by email at [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 and constitutes a substantial part of the 
outstanding public lands of the Colorado Plateau. The recreation area 
offers a natural diversity of rugged water- and wind-carved canyons, 
buttes, mesas, and other outstanding physiographic features. The 
recreation area allows for a variety of recreational opportunities, 
including on- and off-road motor vehicle use and contains Lake Powell, 
the second-largest human-made lake in North America, which provides the 
opportunity to recreate in a natural environment and access remote 
backcountry areas. Evidence of 11,000 years of human occupation and use 
of resources in the recreation area provides a continuing story of the 
prehistoric, historic, and present-day affiliation of humans and their 
environment.

Authority To Promulgate Regulations

    The National Park Service (NPS) manages the recreation area under 
the NPS Organic Act (54 U.S.C. 100101 et seq.), which gives the NPS 
broad authority to regulate the use of the park areas under its 
jurisdiction. The Organic Act authorizes the Secretary of the Interior, 
acting through the NPS, to ``prescribe such regulations as the 
Secretary considers necessary or proper for the use and management of 
[National Park] System units.'' 54 U.S.C. 100751(a). In the recreation 
area's enabling act, Congress directed the Secretary of the Interior to 
``administer, protect, and develop the recreation area in accordance 
with the [Organic Act], and with any other statutory authority 
available to him for the conservation and management of natural 
resources.'' 16 U.S.C. 460dd-3.
    Executive Order 11644, Use of Off-Road Vehicles on the Public 
Lands, was issued in 1972 and amended by Executive Order 11989 in 1977. 
Executive Order 11644 required federal agencies to issue regulations 
designating specific areas and routes on public lands where the use of 
off-road vehicles (ORVs) may be allowed. The NPS implemented these 
Executive Orders by promulgating a regulation at 36 CFR 4.10 (Travel on 
park roads and designated routes). Under 36 CFR 4.10, the use of motor 
vehicles off established roads is not permitted unless routes and areas 
are designated for off-road motor vehicle use by special regulation. 
Under 36 CFR 4.10(b), such routes and areas ``may be designated only in 
national recreation areas, national seashores, national lakeshores and 
national preserves.'' This final rule designates routes where motor 
vehicles may be used off roads in the recreation area in compliance 
with 36 CFR 4.10 and Executive Orders 11644 and 11989.

Current Motor Vehicle Use in the Recreation Area

Off-Road Motor Vehicles

    The use of motor vehicles to reach off-road destinations in Glen 
Canyon predates the establishment of the recreation area in 1972. After 
Lake Powell began to fill behind the Glen Canyon Dam in 1963, the 
public began driving off road to access the new lake for recreational 
activities. ORV use continued following the establishment of the 
recreation area in 1972. ORV use is currently occurring in four general 
locations within the recreation area:
     Lone Rock Beach is open to conventional motor vehicles, 
off-highway vehicles, and street-legal all-terrain vehicles. The speed 
limit at Lone Rock Beach is 15 mph.
     Lone Rock Beach Play Area is located on a hill above and 
to the southwest of Lone Rock Beach. This 180-acre area is enclosed by 
a fence and open to unrestricted, high-intensity ORV use. This area is 
a place where ORV operators can challenge themselves, develop riding 
skills, operate at high speeds, and perform jumps and hill climbs. 
There is no speed limit in the play area.
     Accessible Shoreline Areas provide public access by 
conventional motor vehicles to the Lake Powell shoreline for the 
purposes of recreation (fishing, swimming, boating, etc.). The public 
is allowed to depart the road and drive to the shoreline and park in 
designated ORV areas. There are 13 accessible shoreline areas (Blue 
Notch, Bullfrog North and South, Copper Canyon, Crosby Canyon, Dirty 
Devil, Farley Canyon, Neskahi, Paiute Canyon, Red Canyon, Stanton 
Creek, Warm Creek, White Canyon, and Hite Boat Ramp). Three shoreline 
areas (Bullfrog North and South, Crosby Canyon, and Warm Creek) are 
closed to ORVs in the superintendent's compendium. ORVs are not allowed 
at Nokai Canyon and Paiute Farms, but these areas are accessed 
occasionally by ORVs.
     Ferry Swale is an area in the Arizona portion of the 
recreation area with approximately 54 miles of unauthorized routes that 
have been created by users over time.

On-Road Motor Vehicle Use

    A comprehensive planning process begun by the NPS after the 
establishment of the recreation area resulted in a General Management 
Plan (GMP) that was published in 1979. The GMP designated a system of 
paved and unpaved roads open to vehicle travel and closed several 
existing unpaved roads in the backcountry. The paved

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and unpaved network of roads identified in the GMP is open to motor 
vehicle travel, subject to restrictions on the types of vehicles that 
are allowed on specific roads. These roads are referred to in the rule 
as ``GMP roads.'' Driving a motor vehicle off any paved or unpaved GMP 
road is considered off-road motor vehicle use and is prohibited except 
on designated routes and in designated areas. All other user-created 
routes and linear disturbances within the recreation area are closed to 
public motor vehicle travel.
    The Orange Cliffs Special Management Unit is located in the 
northeast portion of the recreation area. This Unit adjoins Canyonlands 
National Park, is similar in physiography, and has many of the same 
management issues as the Canyonlands Maze District. The Canyonlands 
National Park and Orange Cliffs Unit of Glen Canyon National Recreation 
Area Backcountry Management Plan (NPS 1995) and the accompanying 
environmental assessment (NPS 1993) consist of an inter-park management 
plan developed to increase consistency and protection for visitors to 
both the Maze District of Canyonlands and the Orange Cliffs in Glen 
Canyon. The backcountry management plan was predicated on the GMP, 
which states that the Orange Cliffs Special Management Unit is to be 
``maintained as a critical backdrop for Canyonlands National Park and 
as a major vantage point for spectacular views into the park.'' The 
Orange Cliffs Special Management Unit is managed ``to maintain a 
relatively primitive, undeveloped atmosphere'' and to provide ``year-
round access to Panorama Point'' (NPS 1979).

Off-Road Vehicle Management Plan/Final Environmental Impact Statement

    The NPS has been managing ORV use in the recreation area for 
several decades. Although the NPS had implemented ORV management plans 
for various parts of the recreation area in 1981 (for Lone Rock Beach) 
and 1988 (for 20 accessible shoreline areas on Lake Powell), past 
planning efforts did not comply with the NPS regulation at 36 CFR 4.10 
that requires a special regulation to designate routes and areas for 
ORV use. In 2005, the NPS was challenged in federal court over its 
compliance with Executive Orders 11644 and 11989, and 36 CFR 4.10(b) 
(Friends of the Earth, Bluewater Network Division v. United States 
Department of the Interior, Case 1:05-cv-02302-RCL). Under the terms of 
the 2008 settlement agreement between the parties to that litigation, 
the NPS prepared an Off-Road Vehicle Management Plan/Draft 
Environmental Impact Statement (DEIS). In compliance with the 
settlement agreement, the NPS also developed interim ORV plans for the 
accessible shoreline areas, Lone Rock Beach, and Lone Rock Play Area. 
In January 2017, the NPS completed an Off-Road Vehicle Management Plan/
Final Environmental Impact Statement (FEIS). On August 15, 2018, the 
Regional Director for the Intermountain Region signed a Record of 
Decision (ROD) identifying the preferred alternative in the FEIS 
(Alternative E: Mixed Use) as the selected alternative. The FEIS and 
the ROD have superseded all previous ORV management plans for the 
recreation area.
    A detailed history of prior NPS management of on- and off-road 
vehicle use can be found in the FEIS, which can be viewed together with 
the ROD at https://parkplanning.nps.gov/glca-orvplan by clicking on the 
link entitled ``Document List''. The FEIS analyzes the issues and 
environmental impacts of five alternatives for the management of on- 
and off-road motor vehicle use in the recreation area. Major issues 
analyzed in the FEIS include social and economic issues, human health 
and safety, wildlife, natural soundscapes, wilderness, and visitor use 
and experience. Impacts associated with each of the alternatives are 
described in the FEIS.

Final Rule

    This rule establishes a special regulation pursuant to 36 CFR 
4.10(b) to manage ORV use in the recreation area. The rule implements 
the selected alternative (Alternative E: Mixed Use) for the recreation 
area identified in the ROD. The selected alternative provides the 
largest range of experiences for visitors and enhances experiences of 
different user groups, such as motor vehicle users and those who seek a 
more primitive camping experience. The selected alternative is designed 
to protect resources while enhancing the visitor experience by 
identifying and designating specific areas capable of ORV use while 
prohibiting ORV use in areas where resources and values may be at risk.

Types of Motor Vehicles

    In order to effectively manage the use of motor vehicles in the 
recreation area, the rule creates definitions to distinguish among a 
range of vehicle types. Under Executive Order 11644, an ORV means any 
motor vehicle designed for or capable of cross-country travel on or 
immediately over natural terrain. Under this broad definition, an ORV 
may be a truck, an all-terrain vehicle (ATV), a sedan, a dirt bike, or 
any other motor vehicle that is capable of off-road travel. Among ORVs, 
the rule distinguishes between conventional motor vehicles, off-highway 
vehicles (OHVs), and street-legal ATVs, as follows:
     Conventional motor vehicle means any motor vehicle that is 
designed primarily for operation on streets and highways, and that is 
licensed and registered for interstate travel. Automobiles, vans, 
highway motorcycles (including a dual-sports motorcycle licensed for 
use on a highway), sport utility vehicles (SUVs), recreational vehicles 
(RVs), pickup trucks, and buses are examples of conventional motor 
vehicles.
     OHV means any motor vehicle--excluding snowmobiles and 
hovercraft--that is designed primarily for off-road travel and is not 
licensed and registered for interstate travel. ATVs (excluding street 
legal ATVs, as defined below), dirt bikes, sand rails, side-by-sides, 
and dune buggies are examples of OHVs.
     Street-legal ATV means an ATV that qualifies under Arizona 
or Utah motor vehicle and traffic code to be operated on state roads 
and highways. Under current Arizona and Utah law, dune buggies, sand 
rails, go-karts, and rock crawlers cannot be licensed as street legal.
    Under these definitions, conventional motor vehicles do not include 
OHVs or street-legal ATVs. The rule allows certain types of ORVs 
(conventional motor vehicles, OHVs, or street-legal ATVs) to operate in 
designated ORV areas, on designated ORV routes, and on paved and 
unpaved roads identified in the GMP.

Adoption of Non-Conflicting State Motor Vehicle Laws

    Existing NPS regulations at 36 CFR 4.2 adopt state traffic and 
vehicle laws to manage the use of motor vehicles within NPS-
administered areas, unless specifically addressed by NPS regulations. 
The rule implements specific regulations governing the use of ORVs in 
the recreation area, and allows the superintendent to impose additional 
closures, restrictions, or conditions to resolve visitor safety or 
resource protection concerns that are not addressed by state law. All 
other issues (e.g. license, registration, vehicle requirements, 
inspection, insurance) related to the use of motor vehicles in the 
recreation area will continue to be governed by the adopted laws and

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regulations of Arizona or Utah.\1\ Operators of conventional motor 
vehicles, OHVs, and street-legal ATVs will continue to be responsible 
for complying with all applicable Utah and Arizona statutes and 
regulations pertaining to the lawful operation of those vehicles. This 
rule allows OHVs to operate on most unpaved GMP roads. Because OHVs are 
not licensed or registered for operation on roads in Utah and Arizona 
in the same manner as street-legal ATVs or conventional motor vehicles, 
they are not subject to state licensing, registration, insurance, and 
equipment requirements that apply to street-legal vehicles when 
operated on GMP roads. Operators of OHVs on GMP roads must comply, 
however, with all applicable state and federal traffic requirements 
(e.g., speed limits, rules of the road) that apply to street-legal 
vehicles. The FEIS lists OHV operator and vehicle requirements for 
Arizona and Utah, as of January 13, 2017. These requirements are 
subject to change and the FEIS may not include all requirements.
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    \1\ The NPS adopts non-conflicting state traffic and vehicle 
laws. See 36 CFR 4.2. This includes state requirements that apply to 
ORVs. The responses to public comments 4 and 6 discuss the interplay 
between this rule and state law. This rule imposes one requirement 
that is not present under current Utah law--that motor vehicles must 
not exceed 96 dBA at the tailpipe. This limit is consistent with 
industry recommendations (all vehicles are currently manufactured to 
meet that limit), the laws of several states including Arizona, 
Colorado and California, and requirements on U.S. Forest Service 
lands that adopt those state noise emission standards (see 36 CFR 
261.15(d)).
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Permit Program

    The rule requires a special use permit to operate a motor vehicle 
off GMP roads in the recreation area. The permit requirement will not 
begin until 90 days after the effective date of the rule. This will 
give the NPS sufficient time to use public outreach and education to 
help establish the details of the permit program so that NPS staff and 
visitors are prepared for its implementation. Permits will be required 
for all designated ORV locations except for designated routes in Middle 
Moody Canyon, East Gypsum Canyon, Imperial Valley, and Gunsight 
Springs. The NPS will issue a decal with each permit that must be 
affixed to each vehicle in a manner and location determined by the 
superintendent. Decals will be required for each ORV operating in a 
designated ORV area or on a designated ORV route in the recreation area 
where a permit is required. Families will be able submit a single 
application for permits for multiple vehicles that are registered to 
members of that family. Annual permits will be valid for one calendar 
year from the date of issuance; shorter term permits will also be 
available and valid from the date of issuance for the stated duration 
of the permit.
    Permit applications (NPS Form 10-933, ``Application for Special Use 
Permit--Vehicle/Watercraft Use'') will be available on the recreation 
area's website and at headquarters (691 Scenic View Drive, Page, AZ 
86040), recreation area visitor centers, and at other locations 
designated by the superintendent to facilitate compliance with the 
program and for the convenience of the visitor. The permit and decal 
will be issued after the applicant reads educational materials and 
acknowledges that he or she has read, understood, and agrees to abide 
by the rules governing ORV use in the recreation area and the terms and 
conditions of the permit. Visitors will be able to submit permit 
applications online through the recreation area's website; through the 
mail to the following address: Glen Canyon National Recreation Area, 
P.O. Box 1507, Page, AZ 86040-1507; or in person at headquarters or an 
entrance station. After the NPS processes completed permit 
applications, it will mail or provide in person a permit to the 
applicant with instructions and educational materials, including a 
decal to be affixed to each permitted ORV. Violating the terms or 
conditions of any permit will be prohibited and may result in the 
suspension or revocation of the permit and the denial of future 
permits.
    To the extent practicable, the NPS intends to recover the costs of 
administering this permit program under 54 U.S.C. 103104 (Recovery of 
costs associated with special use permits). In order to obtain a 
special use permit to operate a motor vehicle off roads in the 
recreational area, the NPS may require operators to pay a fee to allow 
the NPS to recover these costs. The NPS may also offset costs with 
revenues from fees collected under the Federal Lands Recreation 
Enhancement Act (16 U.S.C. 6801-6814). The NPS will develop the details 
about fee collection during the 90-day delayed implementation period 
for the permit requirement. This will be a transparent process 
involving the public so that all stakeholders understand how the NPS 
will use fees to offset the costs of administering the permit program.

Designated ORV Routes and Areas

    The rule prohibits ORV use other than on GMP roads in the 
recreation area, except on NPS-designated ORV routes and areas. The 
rule designates Lone Rock Beach and Lone Rock Play Area, 21 miles of 
ORV routes in Ferry Swale, and 14 accessible shoreline ORV areas. One 
of the 13 shoreline areas identified in the interim ORV plans will be 
closed (Warm Creek) and two new shoreline areas will be opened (Nokai 
Canyon and Paiute Farms). The rule contains management prescriptions 
for each location, including seasons when ORVs are allowed, speed 
limits, quiet hours, and the types of ORVs that are allowed. These 
locations will be identified on maps located at headquarters (691 
Scenic View Drive, Page, AZ 86040), visitor contact stations, and on 
the recreation area's website. Certain locations within some designated 
ORV areas are designated as vehicle-free zones to provide a different 
camping experience for those who prefer to be separated from motor 
vehicle use. All locations designated for ORV use will be posted with 
appropriate signs that include applicable rules and regulations. The 
lakeside boundary of accessible shoreline areas that are designated for 
ORV use will fluctuate with the level of Lake Powell, but the remaining 
(land-side) boundary of such areas will remain fixed.

Operational and Vehicle Requirements

    To provide for the safety of ORV operators at the Lone Rock Beach 
Play Area, the rule requires the display of a solid red or orange 
safety flag that is a minimum of six by 12 inches in size and that is 
attached to either:
     The ORV so that the safety flag is at least eight feet 
above the surface level of the ground, or
     The protective headgear of the operator of a motorcycle or 
dirt bike so that the safety flag is at least 18 inches above the top 
of the operator's head.
    To reduce the degree and geographic extent of impacts from vehicle 
noise on soundscapes in the recreation area, the rule implements a 96 
dBA noise limit on all vehicles. Noise level will be measured by NPS 
staff using the SAE J1287 standard. Enforcement of this standard may 
include courtesy checks, checkpoints, and individual contacts. 
Measurements will be taken using certified equipment and protocols as 
is done with traffic radar. The rule requires motor vehicles to have a 
functioning muffler system. These requirements are in addition to state 
motor vehicle and operator requirements that are adopted by 36 CFR 4.2.

Travel on GMP Roads

    The rule will continue to allow conventional motor vehicles on all 
paved and unpaved GMP roads in the

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recreation area. Street-legal ATVs are allowed to operate on paved GMP 
roads except for roads in the Lees Ferry Developed Area, including the 
Lees Ferry Access Road. OHVs and street-legal ATVs are allowed to 
operate on most unpaved GMP roads. OHVs and street-legal ATVs are 
allowed on approximately 8 miles of the Poison Spring Loop in the 
Orange Cliffs Special Management Unit. The Superintendent may allow 
OHVs and street-legal ATVs on the upper portion of the Flint Trail 
(another unpaved GMP road), subject to further evaluation and 
compliance with applicable laws (as explained below). OHVs and street-
legal ATVs are prohibited on all other unpaved GMP roads in the Orange 
Cliffs Special Management Unit. The speed limit on unpaved GMP roads is 
25 mph or as posted. The speed limits on paved GMP roads will not 
change and will remain as currently posted. GMP roads will be 
designated and posted with road numbers. Signs will indicate the status 
of a road segment as open or closed to OHV and street-legal ATV use and 
will delineate the designated travel routes. Signs indicating that a 
GMP road is closed to OHVs or street-legal ATVs will remain in place or 
will be posted as needed.

Superintendent's Discretionary Authority

    Independent from the authority in 36 CFR 1.5, the rule allows the 
superintendent to close or reopen designated areas or routes to motor 
vehicle use, or impose conditions or restrictions on the use of off-
road motor vehicles after taking into consideration public health and 
safety, natural and cultural resource protection, lake levels, and 
other management activities and objectives. The superintendent must 
provide public notice of all such actions through one or more of the 
methods listed in 36 CFR 1.7.

Summary of Public Comments

    The NPS published a proposed rule in the Federal Register on 
February 28, 2018 (83 FR 8640). The NPS accepted comments on the rule 
through the mail, by hand delivery, and through the Federal eRulemaking 
Portal at www.regulations.gov. The comment period closed on April 30, 
2018. A summary of the pertinent issues raised in the comments and NPS 
responses are provided below. Many comments on the proposed rule 
addressed the NPS's evaluation of the environmental impacts of the 
preferred and other alternatives in the FEIS. Other comments addressed 
the range of alternatives considered in the FEIS. These comments are 
not addressed in this final rule because they raise environmental 
issues that were already considered by the NPS in the NEPA process. The 
NPS evaluated the environmental impacts of each alternative in the FEIS 
and explained the reasons for selecting Alternative E: Mixed Use in the 
ROD. The NPS did not identify any new significant environmental issues 
in the public comments on the proposed rule.
    After considering public comments and after additional review, the 
NPS made the following changes in the final rule. No other substantive 
changes were made in the final rule.
    1. The NPS clarified the definitions of ``GMP road'' (by stating 
that there are no park roads in the recreation area other than GMP 
roads), ``off-highway vehicle'' (by stating that OHVs are by definition 
not licensed and registered for interstate travel), and ``Street-legal 
all-terrain vehicle (ATV)'' (by stating that these vehicles by 
definition must qualify under Arizona or Utah motor vehicle traffic 
code to operate on state roads and highways).
    2. The NPS clarified the requirement that vehicles be equipped at 
all times with noise suppression devices, including a working exhaust 
muffler in constant operation.
    3. The NPS changed certain management prescriptions in Table 1 to 
Sec.  7.70(f)(3)(ii) to reflect that street-legal ATVs are allowed in 
eight shoreline areas (Blue Notch, Bullfrog North and South Crosby 
Canyon Dirty Devil, Farley Canyon, Red Canyon, Stanton Creek, and White 
Canyon) from March 2-October 31. These are the dates identified in the 
FEIS and ROD.
    4. The NPS changed the column headings in Table 2 to Sec.  
7.70(f)(4)(i) for ease of reading and to reflect that there are no 
paved roads within the Orange Cliffs Special Management Unit.
    5. The NPS clarified that the 8-mile portion of the Poison Spring 
Loop where street-legal ATVs and OHVs are allowed is located on Route 
633 proceeding north to Route 730.
    6. The NPS removed references to ``posted'' quiet hours in 
paragraphs (f)(5)(vi) and (v) to avoid an interpretation that quiet 
hours must be posted in order for them to be enforceable.
    7. The NPS added references to ``dirt bikes'' to clarify that the 
requirement to display a safety flag on the headgear of a motorcycle 
operator also applies to the operator of a dirt bike.
    8. The NPS added a 25 mph speed limit (unless otherwise posted) for 
the use of unpaved GMP roads. The NPS referred to this speed limit in 
the SUPPLEMENTARY INFORMATION section of the proposed rule and in the 
FEIS.
    9. The NPS added a requirement that OHV operators under the age of 
18 wear a helmet. This requirement was stated in the FEIS.
    10. In addition to annual permits, the proposed rule stated that 
the NPS would issue two-week permits valid from the date of issuance. 
Instead of specifying two weeks, the final rule says the NPS will make 
shorter term permits available. This will give the NPS flexibility to 
determine the duration of shorter-term permits based upon the 
conditions at the recreation area and experience from implementation of 
the ORV permit program.
    11. The NPS clarified that motor vehicles may be used in designated 
ORV areas during quiet areas for purposes of entering or exiting a 
campsite.
    12. The NPS added a statement in the final rule that the 
Superintendent may determine whether to allow street-legal ATVs or OHVs 
on the upper portion of the Flint Trail within the Orange Cliffs 
Special Management Unit. The NPS explains this change below in the 
response to Comment 2.
    13. The NPS inserted language delaying implementation of the permit 
requirement until 90 days after the effective date of the rule. This 
will allow the NPS to work with the public to develop the permit 
program (including a fee structure to offset administrative costs) so 
that visitors to the recreation area are prepared for its 
implementation.

Travel on GMP Roads

    1. Comment: Several commenters disagreed with the proposal to allow 
conventional motor vehicles on unpaved GMP roads in the Orange Cliffs 
Special Management Unit. These commenters stated that conventional 
motor vehicles are not designed to travel on roads in this area and 
that modifications needed to make the roads passable for them would 
degrade the GMP requirement to maintain a primitive and undeveloped 
atmosphere in the Unit. These commenters stated that allowing 
conventional motor vehicles on these unpaved roads would substantially 
increase the burden of maintaining the roads so that they can be used 
safely. If the roads are not upgraded and maintained, these commenters 
stated that conventional motor vehicles would not be able to travel 
these roads safely and access popular locations within the Unit, such 
as Panorama Point. These commenters stated that this outcome would 
increase the cost of search and rescue activities

[[Page 3808]]

and place visitors and first responders at risk.
    NPS Response: Conventional motor vehicle use in the Orange Cliffs 
area predates the establishment of the recreation area in 1972 and is 
an existing use today. Allowing visitors to use conventional motor 
vehicles on these roads helps the NPS achieve a primary objective in 
the GMP to allow year-round access to Panorama Point and other 
backcountry areas with spectacular views into Canyonlands National 
Park. The use of conventional motor vehicles in the Orange Cliffs 
Special Management Unit was reaffirmed in the 1995 Backcountry 
Management Plan for this area. The NPS and local counties perform 
maintenance on unpaved GMP roads in the Unit approximately 1-2 times 
per year in a manner that protects the relatively primitive, 
undeveloped atmosphere of the Unit. This regular maintenance allows 
conventional motor vehicles to use the roads, provided the vehicles 
have a high clearance and are 4-wheel drive capable. The NPS does not 
expect an increase in the use of these roads by conventional vehicles 
because this use is already allowed. The NPS also does not expect the 
continued use of conventional motor vehicles on these roads to increase 
the burden of maintaining the roads or to increase the cost of search 
and rescue (SAR) activities, which are jointly managed by the NPS and 
local counties, associated with such use. The NPS recommends that 
visitors use 4-wheel drive high clearance vehicles, although they are 
not required. Since 2012, the Glen Canyon Interagency Dispatch Center 
dispatch records show only one motor vehicle incident within the Unit 
and it did not involve a search and rescue.
    2. Comment: Several commenters requested that the NPS allow OHVs 
and street-legal ATVs on all unpaved GMP roads in the Orange Cliffs 
Special Management Unit. These commenters stated that OHVs and street-
legal ATVs are better suited for travel on these roads that require 
high clearance vehicles. These commenters stated that OHVs and street-
legal ATVs would allow visitors to safely recreate and access popular 
locations within the Unit, such as Panorama Point, without needing to 
upgrade and further develop the existing roads. These commenters stated 
that this outcome would better maintain a relatively primitive and 
undeveloped atmosphere as required by the GMP.
    NPS Response: This rule allows OHVs and street-legal ATVs to travel 
on an 8-mile section of the Poison Spring Loop within the Orange Cliffs 
Special Management Unit. Expanding this use to allow OHVs and street-
legal ATVs on all GMP roads in the Unit would increase day-use traffic 
and noise disturbances in a manner that would make it more difficult to 
maintain a relatively primitive and undeveloped atmosphere. The FEIS 
contains a more detailed analysis of the potential impacts from OHVs 
and street-legal ATVs within the Unit. The 1995 Backcountry Management 
Plan does not explicitly prohibit the use of OHVs and street-legal ATVs 
within the Unit, but directs the NPS to manage the Unit in the same 
manner as the Maze District of Canyonlands National Park, which 
prohibits the use of OHVs and street-legal ATVs, to increase 
consistency in visitor use and resource protection in the area. The 
prohibition of OHVs and street-legal ATVs in most of the Orange Cliffs 
Special Management Unit helps the NPS achieve this goal.
    In response to comments raised on this issue, the NPS intends to 
evaluate whether OHVs or street-legal ATVs would be appropriate on a 
15-20 mile upper portion of the Flint Trail, which--along with the 
Poison Spring Loop--is one of many unpaved GPM roads within the Orange 
Cliffs Special Management Unit. As part of this evaluation, the NPS 
will consider potential impacts to resources, visitor experience, and 
the specific management prescriptions for this area. The selected 
alternative in the ROD closes the Flint Trail to OHVs and street-legal 
ATVs, which is how this trail is currently managed and will continue to 
be managed by the Superintendent until and unless a different 
management decision is made. As part of this evaluation, the NPS will 
consider the potential impacts to the environment from opening a 
portion of this trail to OHVs and street-legal ATVs under NEPA and 
other applicable laws. In a change from the proposed rule in order to 
reflect the NPS's intent to evaluate more access on this trail, the 
final rule states that the Superintendent may determine whether to 
allow street-legal ATVs or OHVs on the upper portion of the Flint Trail 
within the Orange Cliffs Special Management Unit. If the Superintendent 
determines that, based on further analysis, OHVs or street-legal ATVs 
are appropriate on this portion of the Flint Trail, he or she will 
provide notice to the public prior to allowing such use. No additional 
changes to the regulations governing motor vehicle use at the 
recreation area will be required for the Superintendent to take this 
action. Consistent with the proposed rule, OHVs and street-legal ATVs 
are prohibited on all other unpaved GMP roads in the Orange Cliffs 
Special Management Unit.
    3. Comment: Several commenters objected to allowing OHVs and street 
legal ATVs on the Poison Spring Loop because it would compromise the 
resources, significance, and purpose of the Orange Cliffs Special 
Management Unit, which the GMP states should be managed to maintain a 
relatively primitive and undeveloped atmosphere.
    NPS Response: This rule allows OHVs and street legal ATVs to travel 
on 8-miles of the Poison Spring Loop (Route 633 proceeding north to 
Route 730) in order to complete a 100-mile loop used by recreational 
OHV users, most of which is located within BLM-administered areas. BLM 
was a cooperating agency in the preparation of the FEIS and the NPS 
consulted with BLM specifically about allowing OHVs and ATVs on the 8-
mile section of the Poison Springs Loop. Allowing OHVs and street-legal 
ATVs on this portion of the Poison Spring Loop would not interfere with 
the management objective to maintain a primitive and undeveloped 
atmosphere because this area is surrounded by cattle grazing and does 
not contain the outstanding scenic values found elsewhere in the Orange 
Cliffs Special Management Unit.
    4. Comment: Several commenters objected to the proposal to allow 
non-street legal OHVs on unpaved GMP roads. These commenters stated 
that OHVs are not required to have the same safety equipment as street-
legal vehicles and may be operated by uninsured and unlicensed drivers. 
These commenters stated that the NPS is proposing to manage unpaved GMP 
roads as de facto ORV routes by allowing non-street legal OHVs to use 
them even though they are not designated under 36 CFR 4.10. These 
commenters stated that in order to be consistent with Utah law, the NPS 
should require operators of motor vehicles on all GMP roads to have a 
valid driver's license.
    NPS Response: State laws in Arizona and Utah allow OHVs to be 
operated on public roads that are open to their use by the controlling 
federal agency. ARS 28-1174.B; Utah Code Ann. 41-22.10.1. This rule 
allows OHVs on some unpaved GMP roads within the recreation area, which 
means the use of OHVs on these roads is allowed under state law. The 
NPS adopts non-conflicting state laws and regulations governing traffic 
and the operation of motor vehicles with NPS units. 36 CFR 4.2. As 
stated above, because OHVs are not licensed or registered for operation 
on roads in Utah and Arizona in the same manner as street-legal ATVs or

[[Page 3809]]

conventional motor vehicles, they are not subject to state licensing, 
registration, insurance, and equipment requirements that apply to 
street-legal vehicles when operated on GMP roads. Operators of OHVs on 
GMP roads must comply, however, with all applicable state and federal 
traffic requirements (e.g., speed limits, rules of the road) that apply 
to street-legal ATVs and conventional motor vehicles. 36 CFR 4.2; ARS 
28-621; Utah Code 41-22.10.6. Operators of OHVs must also comply with 
state laws that govern the use of OHVs that are not considered street-
legal. In Utah, OHV operators over the age of 16 must possess a valid 
state driver's license or education certificate and operators ages 8-15 
must possess an education certificate. Utah Code Ann. 41-22-30. Arizona 
requires operators of any vehicle on any road open to 2-wheel drive 
conventional motor vehicles to have a driver's license. ARS 28-3151. 
This requirement applies within the recreation area because GMP roads 
are open to 2-wheel drive conventional motor vehicles. Unpaved GMP 
roads where 4-wheel drive is recommended, but not required, are located 
in Utah. The FEIS analyzed the safety of OHV use on unpaved GMP roads 
and determined that there could be an increased risk of accidents. 
Adverse impacts to safety are not expected to be significant, however, 
because of several actions the NPS is taking to mitigate safety risks. 
The NPS is reducing the speed limit on unpaved GMP roads to 25 mph 
(unless otherwise posted) for all vehicle types and is requiring all 
OHV operators under the age of 18 to wear a helmet. The NPS will also 
require OHV users to complete an educational component about 
operational safety prior to obtaining an ORV permit from the NPS.
    5. Comment: Several commenters rejected the NPS's authority to 
restrict travel on roads to which the State of Utah has a claim under 
Revised Statute 2477 (RS 2477), including the Burr Trail Road and Flint 
Trail/Roost Road.
    NPS Response: Claims by the State of Utah under RS 2477 within the 
recreation area, including the Burr Trail Road and Flint Trail/Roost 
Road, have not been adjudicated. The NPS will evaluate the legal 
effects of any future court decisions regarding RS 2477 claims at the 
appropriate time.
    6. Comment: One commenter objected to the proposal to allow street-
legal ATVs on paved GMP roads, stating that mixing street-legal ATVs 
with conventional motor vehicles will increase traffic injuries and 
fatalities.
    NPS Response: Street-legal ATV use on GMP roads is subject to 
nonconflicting state traffic laws under 36 CFR 4.2. The NPS defers to 
the expertise of state authorities regarding traffic laws, licensing, 
and equipment requirements that the state authorities consider 
necessary to ensure the safe operation of street-legal ATVs alongside 
conventional motor vehicles on paved GMP roads.

Designated ORV Routes and Areas

    7. Comment: One commenter requested that OHVs be allowed in Farley 
Canyon and Blue Notch because they are low-use areas and would provide 
an opportunity for OHV users to access the water as a side trip when 
using nearby trail systems in San Juan County.
    NPS Response: Farley Canyon and Blue Notch are geographically 
removed from developed areas within the recreation area and provide 
visitors with an opportunity for a more quiet and secluded experience. 
The FEIS identifies 20 dBA as the level of ambient sound at the 
recreation area. Noise from OHVs and street-legal ATVs increases 
ambient sound to 23 dBA at 8,020 feet from the noise source. 
Conventional motor vehicle noise levels drop to ambient sound levels 
(20 dBA) only 2,900 feet from the noise source. This rule allows 
street-legal ATVs at Farley Canyon and Blue Notch from March 2--October 
31. OHVs are not allowed in these locations at any time during the 
year. These restrictions will reduce noise impacts by lowering the 
number of non-conventional motor vehicles in the area during certain 
times of the year and by eliminating noise from non-conventional motor 
vehicles at other times. This will help maintain a more quiet and 
secluded experience for visitors.
    8. Comment: Several commenters requested that the NPS designate a 
historic route in the Rincon Area leading to Lake Powell as open to 
motor vehicles. These commenters stated that this route has a precedent 
of motor vehicle use and is identified on several area maps as the only 
method of accessing the lake from the Hole in the Rock trail.
    NPS Response: The Rincon Road is located within a proposed 
wilderness area. The Wilderness Act prohibits the use of motor vehicles 
in wilderness areas. 16 U.S.C. 1133(c). The NPS manages proposed 
wilderness areas in a manner that preserves the wilderness character 
and will not diminish the eligibility of such areas for designation.
    9. Comment: One commenter suggested that all motor vehicles should 
be allowed on Warm Creek Road between Big Water and the Cowboy Corral 
on the way to Kelly Grade and Smoky Mountain. This commenter stated 
that staging at Big Water is more convenient than trailering ATVs 11 
miles down the road to Cowboy Corral. This commenter also suggested 
opening Crosby Canyon to OHVs because it is often washed out and 
impassible for conventional motor vehicles.
    NPS Response: Conventional motor vehicles, street-legal ATVs, and 
OHVs are allowed on Warm Creek Road. As a result, OHV and street-legal 
ATVs users may stage at Big Water and are not required to trailer to 
Cowboy Corral.
    OHVs and street-legal ATVs are allowed on Crosby Canyon Road to the 
end of the GMP road. Street-legal ATVs may access the shoreline at 
Crosby Canyon from March 2-October 31. The purpose of the accessible 
shoreline areas is to provide point-to-point travel from the end of the 
GMP road to the shoreline of Lake Powell when lake levels are below the 
end of the GMP roads. These areas are not intended to be ORV play 
areas. During the open season, street-legal ATVs may choose a point-to-
point route in the accessible shoreline areas to avoid locations that 
may be impassible by conventional motor vehicles.
    10. Comment: One commenter identified several trails in the 
Bullfrog shoreline area (three Ticaboo Mesa Overlook routes, and two 
routes leading out from the Bullfrog South Campground) and encouraged 
NPS to designate them as ORV routes, open to OHVs year-round.
    This commenter stated that the overlook routes would allow land-
based visitors to better appreciate the stunning scenery of the 
recreation area, while also granting simpler access to visitors who 
desire to canyoneer and hike along the rim of the canyons. This 
commenter stated that the routes from the campground are important 
because they create a non-paved connection to the routes north of 
Bullfrog, allowing visitors to experience hundreds of miles of routes 
which lay just outside of the recreation area.
    NPS Response: This rule does not designate additional ORV routes 
near the Bullfrog North and South accessible shoreline area because 
conventional motor vehicles, OHVs, and street-legal ATVs may access the 
shoreline area on the unpaved GMP road which leads from adjacent BLM 
lands and connects to BLM roads and routes. This GMP road also connects 
to the Bullfrog North and South Campgrounds. Designating GMP roads as 
the primary means of accessing shoreline destinations, points of 
interest, and ORV routes and roads on adjacent lands allows the NPS to 
restore duplicative and social routes that are

[[Page 3810]]

neither GMP roads nor designated ORV routes. ORV routes and areas 
outside the recreation area may be accessed from other non-NPS lands 
which are not affected by this rule.

Accessibility for Certain Groups of People

    11. Comment: One commenter stated that seniors, individuals with 
disabilities, and veterans should be exempt from the rule. Another 
commenter suggested that if the purpose of allowing OHVs and street-
legal ATVs on unpaved GMP roads is to allow ``traditionally associated 
people'' to conduct cultural activities, then the NPS should allow 
these activities to continue under a special use permit or memorandum 
of understanding, rather than opening unpaved GMP roads to OHV and 
street-legal ATV use by the general public.
    NPS Response: The NPS welcomes visitors of all ages to the 
recreation area, including seniors, individuals with disabilities, and 
military veterans. This rule allows these groups to use motor vehicles 
within the recreation area in the same manner as other visitors. The 
NPS does not believe any groups should be exempt from rules that are 
designed to provide a variety of recreational opportunities while at 
the same time helping to maintain visitor safety and protect resources.
    A primary purpose of this rule is to provide a variety of 
recreational opportunities to all types of visitors to the recreation 
area. Allowing OHVs and street-legal ATVs on unpaved GMP roads allows 
access to different locations within the recreation area for activities 
such as sightseeing, fishing, canyoneering, and hiking. A special use 
permit or memorandum of understanding that addresses particular groups 
and specific activities would not be appropriate for a management 
action that is intended to provide opportunities for access and 
recreation to all members of the visiting public.

Coordination With State and Local Governments

    12. Comment: Several commenters stated that the NPS created an 
adversarial relationship and failed in its duty to coordinate with 
state and local governments in the development of the proposed rule. 
Specifically, these commenters suggested that the NPS disregarded their 
viewpoint that favored motorized recreation within the recreation area.
    NPS Response: The NPS valued the cooperating agency relationship it 
shared with Kane, Garfield, San Juan, and Wayne Counties during the 
development of the FEIS. The NPS sent letters to the counties with 
information about the plan and held public open houses and cooperating 
agency meetings throughout the process. At the request of the counties, 
the NPS extended the deadline to review and comment on the DEIS twice. 
The NPS considered the recommendations of the state and local 
governments when drafting this rule and incorporated some of those 
recommendations. The NPS removed permit requirements on two small ORV 
route segments in San Juan County. The NPS conducted site visits with 
the counties to the Orange Cliffs Special Management Unit that resulted 
in the decision to allow OHVs on 8 miles of the Poison Spring Loop 
where OHVs had been prohibited. These are only two examples of changes 
made to the FEIS and the rule as a result of input received from the 
counties. In addition, based upon public comments on the proposed rule, 
the NPS intends to further evaluate the use of street-legal ATVs and 
OHVs on the upper portion of the Flint Trail. Collectively, these 
actions demonstrate that the NPS considered input from state and local 
governments and did not disregard any particular viewpoint on the FEIS 
or the proposed rule.

Permit Program

    13. Comment: One commenter supported the NPS recovering all of the 
costs of administering the ORV permit program, including costs for 
start-up, monitoring, education, partnerships, and permit 
administration. This commenter requested that the NPS disclose the 
expected permit fee and demonstrate how fee revenues will offset the 
costs of administering the program. Another commenter objected to the 
permit fee requirement.
    NPS Response: The NPS will use a permit fee to recover costs 
associated with administering the ORV program. The fee will be used to 
offset the costs of permit processing, education, resource protection, 
and law enforcement activities related to the ORV program. Appendix B 
of the FEIS identifies expected business and administrative costs that 
the NPS would incur by implementing the selected action in the ROD. 
These include the costs of administering the ORV permit program. The 
NPS is allowed by law to recover all costs of providing necessary 
services associated with permits. 54 U.S.C. 103104. The NPS may also 
offset some of the costs of administering the permit program with 
revenues from fees collected under the Federal Lands Recreation 
Enhancement Act (16 U.S.C. 6801-6814). The NPS will announce the amount 
of the fees prior to the start of the permit requirement that will 
begin 90 days after the effective date of the rule. Fee amounts will be 
based on the costs that are incurred by the NPS for the administration 
of the program. The NPS does not expect the permitting system to 
recover the full costs associated with managing an ORV program.
    14. Comment: Several commenters supported the establishment of a 
permit program conditioned upon how revenues are utilized. One 
commenter advocated funds be invested in enhanced OHV opportunities and 
road improvements, another commenter recommended hiring rangers to 
repair areas damaged from increased use, and more than one commenter 
requested the NPS hire additional law enforcement officers.
    NPS Response: The NPS will use fees to recover costs from 
administering the ORV program. Fee revenue could be used to maintain 
facilities at ORV areas, recover personnel costs associated with 
enforcing ORV rules, or to monitor and restore resources in ORV areas. 
The NPS will spend fee revenues on a case-by-case basis given the 
particular management priorities at that time. The NPS will share more 
information about the fee structure during the 90-day delayed 
implementation period prior to the start of the permit requirement.

Motor Vehicle Requirements

    15. Comment: One commenter asked the NPS to prohibit the use of 
vehicles with electric motors due to the risk of fire.
    NPS Response: The NPS has not identified a risk of fire from 
electric engines that is greater than the risk of fire from traditional 
combustion engines.
    16. Comment: Several commenters questioned the basis for 
implementing a 96 dBA noise limit (using the SAE J1287 test standard) 
instead of using the standard that applies to motor vehicles in other 
NPS units. This other standard is set forth in 36 CFR 2.12, which 
prohibits operating a motor vehicle in a manner that exceeds 60 
decibels measured on the A-weighted scale at 50 feet. One commenter 
stated that the 96 dBA standard would diminish the experience of non-
motorized visitors and potentially cause hearing damage.
    NPS Response: Special regulations may relax a System-wide standard 
where appropriate for the uses and resources in a specific System unit. 
36 CFR 1.2(c). The 96 dBA noise limit is an established industry 
standard with a well-defined measuring protocol (SAE J1287) and is a 
practicable limit that has been used by other NPS units with

[[Page 3811]]

similar resource concerns, including Lake Meredith National Recreation 
Area. This limit is used by the State of California for their ORV 
programs and is consistent with OHV noise limits in Arizona. ARS 28-
1179(A)(3). The 96-dBA limit is consistent with requirements set by 
federal and state agencies that manage lands adjacent to the recreation 
area, including the United States Forest Service. Adopting this 
standard for the recreation area will avoid regulations that are 
inconsistent or incompatible across jurisdictional boundaries. As 
identified in the FEIS, only 36.5% of the recreation area will be 
impacted by noise related to ORV activity. This leaves ample 
opportunities for visitors to have an experience free from noise from 
OHVs and street-legal ATVs and to avoid areas where they may have 
concerns about hearing damage. In addition, several of the accessible 
shoreline areas will be closed seasonally to OHVs and street-legal 
ATVs.
    17. Comment: One commenter objected to using the SAE J1287 test 
standard, which measures vehicle exhaust noise at 20 inches from the 
exhaust of a stationary vehicle operating at half throttle. This 
commenter stated that this test will not capture the actual noise of 
motor vehicles in use at the recreation area, the majority of which 
will be operated above half-throttle, generating more than 96 dBA of 
noise. One commenter stated that the SAE J1287 test will be difficult 
to implement in the field due to variable conditions, making the 96 dBA 
noise requirement difficult to enforce, even if law enforcement 
officers are properly trained and equipped with noise monitoring 
equipment.
    NPS Response: SAE J1287 should be adequate to assess the volume of 
the primary noise source. SAE J1287 is a well-defined measurement 
protocol and is widely used to enforce noise regulations in many 
jurisdictions. Close (short distance) measurement of stationary vehicle 
noise is recommended for the safety of law enforcement officers, which 
allows them to give instructions to the vehicle operator and measure 
noise output while maintaining detainment or arrest of a suspect. Close 
measurements also allow law enforcement officers to measure noise 
without needing to move into undisturbed areas to collect noise from a 
distance.
    18. Comment: One commenter suggested that the NPS prohibit the 
modification of a vehicle in any manner that will amplify and otherwise 
increase total noise emissions to a level greater than that emitted by 
the motor vehicle as originally constructed.
    NPS Response: The practical application of the decibel restriction 
will result in the inability to modify most street-legal ATVs, OHVs, 
and conventional motor vehicles and still meet that restriction. The 
NPS is not concerned with the modification of vehicles that increase 
total noise emissions as long as they remain below the 96 dBA limit.

Compliance With Other Laws, Executive Orders, and Department Policy

Use of Off-Road Vehicles on the Public Lands (Executive Orders 11644 
and 11989)

    Executive Order 11644, as amended by Executive Order 11989, was 
adopted to address impacts on public lands from ORV use. The Executive 
Order applies to ORV use on federal public lands that is not authorized 
under a valid lease, permit, contract, or license. Section 3(a)(4) of 
Executive Order 11644 provides that ORV ``[a]reas and trails shall be 
located in areas of the National Park System, Natural Areas, or 
National Wildlife Refuges and Game Ranges only if the respective agency 
head determines that off-road vehicle use in such locations will not 
adversely affect their natural, aesthetic, or scenic values.'' Since 
the Executive Order clearly was not intended to prohibit all ORV use 
everywhere in these units, the term ``adversely affect'' does not have 
the same meaning as the somewhat similar terms ``adverse impact'' and 
``adverse effect'' used in the National Environmental Policy Act of 
1969 (NEPA). In analyses under NEPA, a procedural statute that provides 
for the study of environmental impacts, the term ``adverse effect'' 
includes minor or negligible effects.
    Section 3(a)(4) of the Executive Order, by contrast, concerns 
substantive management decisions and must be read in the context of the 
authorities applicable to such decisions. Glen Canyon National 
Recreation Area is an area of the National Park System. Therefore, NPS 
interprets the Executive Order term ``adversely affect'' consistent 
with its NPS Management Policies 2006. Those policies require that the 
NPS only allow ``appropriate use'' of parks and avoid ``unacceptable 
impacts.''
    This rule is consistent with those requirements. It will not impede 
attainment of the recreation area's desired future conditions for 
natural and cultural resources as identified in the FEIS. NPS has 
determined that this rule will not unreasonably interfere with the 
atmosphere of peace and tranquility or the natural soundscape 
maintained in natural locations within the recreation area. Therefore, 
within the context of the resources and values of the recreation area, 
motor vehicle use on the routes and areas designated by this rule will 
not cause an unacceptable impact to the natural, aesthetic, or scenic 
values of the recreation area. The Executive Order does not prohibit 
the NPS from managing categories of ``off-road vehicles'' differently 
in order to best protect park resources and values. The selected 
alternative in the ROD, as implemented by this rule, does this by 
distinguishing between conventional motor vehicles, OHVs, and street-
legal ATVs, all of which fall under the definition of ``off-road 
vehicle'' in the Executive Order.
    Section 8(a) of the Executive Order requires agency heads to 
monitor the effects of ORV use on lands under their jurisdictions. On 
the basis of information gathered, agency heads may from time to time 
amend or rescind designations of areas or other actions as necessary to 
further the policy of the Executive Order. The preferred alternative in 
the FEIS includes monitoring and resource protection procedures and 
periodic review to provide for the ongoing evaluation of impacts of 
motor vehicle use on protected resources. The superintendent has 
authority to take appropriate action as needed to protect the resources 
of the recreation area.

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) in the Office of Management and Budget will 
review all significant rules. OIRA has determined that this rule is not 
significant.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. The Executive Order directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563 
emphasizes further that regulations must be based on the best available 
science and that the rulemaking process must allow for public 
participation and an open exchange of ideas. We have

[[Page 3812]]

developed this rule in a manner consistent with these requirements.

Reducing Regulation and Controlling Regulatory Costs (Executive Order 
13771)

    Enabling regulations are considered deregulatory under guidance 
implementing Executive Order 13771 (M-17-21). This rule authorizes the 
Superintendent to allow a recreational activity for the public to enjoy 
and experience certain areas within the National Park System that would 
otherwise be prohibited.

Regulatory Flexibility Act (RFA)

    The agency certifies that this rule will not have a significant 
economic impact on a substantial number of small entities under the RFA 
(5 U.S.C. 601 et seq.). This certification is based on the cost-benefit 
and regulatory flexibility analyses found in the report entitled 
``Cost-Benefit and Regulatory Flexibility Analyses: Special Regulations 
of Off-Road Motor Vehicles at Glen Canyon National Recreation Area'' 
that can be viewed online at on www.regulations.gov in Docket ID: NPS-
2018-0001. As stated in the Regulatory Flexibility Analysis section of 
the report, the FEIS and rule were developed to maintain a diversity of 
recreational opportunities throughout the recreation area. Several 
small businesses catering to non-motorized recreational opportunities 
currently operate in the Orange Cliffs Unit. Because the majority of 
the Orange Cliffs Unit will remain closed to ORVs, impacts to these 
businesses are not anticipated. Similarly, the NPS does not anticipate 
impacts to small businesses in other areas of the recreation area due 
to the incremental nature of the changes to baseline conditions in 
those locations. Given these findings, the NPS certifies that there 
will not be a significant economic impact on a substantial number of 
small entities. The certification made by the NPS under the RFA also 
relies on the associated cost-benefit analysis, which concludes that 
the rule will likely generate positive net benefits.

Congressional Review Act (CRA)

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

Unfunded Mandates Reform Act (UMRA)

    This rule does not impose an unfunded mandate on state, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on state, 
local or tribal governments or the private sector. The designated ORV 
routes and areas are located entirely within the recreation area, and 
will not result in direct expenditure by state, local, or tribal 
governments. This rule addresses public use of NPS lands, and imposes 
no requirements on other agencies or governments. A statement 
containing the information required by the UMRA (2 U.S.C. 1531 et seq.) 
is not required.

Takings (Executive Order 12630)

    This rule does not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630. Access to private 
property adjacent to the recreation area will not be affected by this 
rule. A takings implication assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, this rule 
does not have sufficient federalism implications to warrant the 
preparation of a Federalism summary impact statement. The rule is 
limited in effect to federal lands managed by the NPS and will not have 
a substantial direct effect on state and local government. A Federalism 
summary impact statement is not required.

Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of E.O. 12988. 
Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Consultation With Indian Tribes (Executive Order 13175 and Department 
Policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian Tribes and recognition of their 
right to self-governance and tribal sovereignty. We have evaluated this 
rule under the criteria in Executive Order 13175 and under the 
Department's consultation policy and have determined that tribal 
consultation on the rule is not required because the rule will have no 
substantial direct effect on federally recognized Indian tribes. In 
support of the Department of Interior and NPS commitment for 
government-to-government consultation with the 19 Native American 
tribes and bands associated with the recreation area, however, and as a 
reflection of the shared boundary of the recreation area and the Navajo 
Nation, the NPS has engaged in a continuing process of consultation 
with these tribes and bands. This consultation has taken the form of 
correspondence, phone conversations, and meetings during the 
preparation of the FEIS.

Paperwork Reduction Act (PRA)

    This rule does not contain any new collections of information that 
require approval by the Office of Management and Budget (OMB) under the 
PRA. OMB has approved the information collection requirements 
associated with NPS Form 10-933, ``Application for Special Park Use 
Permit-Vehicle/Watercraft Use'' and has assigned OMB Control Number 
1024-0026 (expires 11/30/20 and in accordance with 5 CFR 1320.10, the 
agency may continue to conduct or sponsor this collection of 
information while the submission is pending at OMB). We estimate the 
annual burden associated with Forms 10-933 under this information 
collection to be 12,998 hours per year. An agency may not conduct or 
sponsor and a person is not required to respond to a collection of 
information unless it displays a currently valid OMB control number.

National Environmental Policy Act of 1969 (NEPA)

    This rule constitutes a major Federal action significantly 
affecting the quality of the human environment. We have prepared the 
FEIS and ROD under the NEPA. The FEIS and ROD are available online at 
http://parkplanning.nps.gov/glca-orvplan, and then clicking on the link 
entitled ``Document List''.

Effects on the Energy Supply (Executive Order 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211; the rule is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy, and the 
rule has not otherwise been designated by the Administrator of

[[Page 3813]]

OIRA as a significant energy action. A Statement of Energy Effects is 
not required.

List of Subjects in 36 CFR Part 7

    National Parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, the NPS amends 36 CFR part 7 as 
follows:

PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

0
1. The authority citation for part 7 continues to read as follows:

    Authority: 54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also 
issued under D.C. Code 10-137 and DC Code 50-2201.07.

0
2. In Sec.  7.70, add paragraph (f) to read as follows:


Sec.  7.70  Glen Canyon National Recreation Area.

* * * * *
    (f) Motor vehicle use. Operating a motor vehicle is allowed within 
the boundaries of Glen Canyon National Recreation Area under the 
conditions in this paragraph (f).
    (1) What terms do I need to know? In addition to the definitions 
found in Sec.  1.4 of this chapter, the following definitions apply to 
this paragraph (f) only:
    Conventional motor vehicle means any motor vehicle that is designed 
primarily for operation on streets and highways, and that is licensed 
and registered for interstate travel. Automobiles, vans, highway 
motorcycles (including dual-sports motorcycles licensed for use on a 
highway), sport utility vehicles (SUVs), recreational vehicles (RVs), 
pickup trucks, and buses are examples of conventional motor vehicles.
    GMP road means a paved or unpaved park road that is identified in 
the Glen Canyon 1979 General Management Plan as open to motor vehicle 
travel. There are no park roads within the recreation area other than 
GMP roads.
    Off-highway vehicle (OHV) means any motor vehicle designed 
primarily for off-road travel that is not licensed and registered for 
interstate travel. ATVs (excluding street legal ATVs, as defined 
below), dirt bikes, sand rails, side-by-sides, and dune buggies are 
examples of OHVs.
    Orange Cliffs Special Management Unit means the area identified as 
the Orange Cliffs Special Management Unit in the Canyonlands National 
Park and Orange Cliffs Unit of Glen Canyon National Recreation Area 
Backcountry Management Plan (NPS 1995).
    Street-legal all-terrain vehicle (ATV) means an ATV that qualifies 
under Arizona or Utah motor vehicle and traffic code to be operated on 
state roads and highways.
    (2) Off-road motor vehicle permit requirement. (i) The provisions 
in this paragraph (f)(2) are effective beginning on April 15, 2021.
    (ii) A special use permit issued and administered by the 
superintendent is required to operate a motor vehicle off GMP roads at 
designated locations in the recreation area. Operating a motor vehicle 
off GMP roads in the recreation area without a permit is prohibited 
except for designated ORV routes that do not require a permit as 
indicated in Table 1 to paragraph (f)(3)(ii).
    (iii) Annual permits are valid for one calendar year from the day 
they are issued. Shorter-term permits are valid from the day issued for 
the stated duration of the permit.
    (iv) A permit applicant must acknowledge that he or she understands 
and agrees to abide by the rules governing off-road vehicle use in the 
recreation area.
    (v) Each motor vehicle permitted to operate off GMP roads must 
display an NPS decal issued by the superintendent and affixed to the 
vehicle in a manner and location specified by the superintendent.
    (vi) Permits may be requested at recreation area headquarters, 
recreation area visitor centers, on the recreation area's website, or 
at other locations designated by the superintendent.
    (vii) Violating any term, condition, or requirement of an off-road 
vehicle permit is prohibited and may result in the suspension or 
revocation of the permit and the denial of future permits, in addition 
to the penalties provided by Sec.  1.3 of this chapter.
    (3) Designated off-road motor vehicle locations. (i) The operation 
of a motor vehicle off GMP roads within the recreation area is 
prohibited except at the locations designated by this paragraph (f). 
Designated locations and vehicle-free zones are identified on maps 
available at the recreation area headquarters, visitor contact 
stations, and on the recreation area's website.
    (ii) Motor vehicles may be used off GMP roads at the locations and 
subject to the management prescriptions in Table 1 to paragraph 
(f)(3)(ii), except for vehicle-free zones where off-road vehicle use is 
prohibited. Permit requirements in Table 1 to paragraph (f)(3)(ii) are 
effective beginning on April 15, 2021.

                                         Table 1 to Paragraph (f)(3)(ii)
----------------------------------------------------------------------------------------------------------------
  Designated area or route for off-road
            motor vehicle use                   Approximate size                Management prescriptions
----------------------------------------------------------------------------------------------------------------
Lone Rock Beach.........................  250 acres..................   15 mph speed limit (unless
                                                                        otherwise posted).
                                                                        Vehicle-free zone as posted.
                                                                        Conventional motor vehicles,
                                                                        street-legal ATVs, and OHVs allowed with
                                                                        ORV permit.
                                                                        Quiet hours between 10 pm and 6
                                                                        am or as designated by superintendent.
Lone Rock Beach Play Area...............  180 acres..................   Conventional motor vehicles,
                                                                        street-legal ATVs, and OHVs allowed with
                                                                        ORV permit.
                                                                        OHVs required to display a red
                                                                        or orange safety flag at least six by 12
                                                                        inches in size that is located at least
                                                                        eight feet off the ground, or at least
                                                                        18 inches above the top of the
                                                                        protective headgear of a motorcycle or
                                                                        dirt bike operator.
                                                                        Quiet hours between 10 pm and 6
                                                                        am or as designated by superintendent.
Blue Notch..............................  325 acres..................   Street-legal ATVs allowed with
                                                                        ORV permit from March 2-October 31.
                                                                        Conventional motor vehicles
                                                                        allowed with ORV permit year-round.
                                                                        15 mph speed limit (unless
                                                                        otherwise posted).
                                                                        Quiet hours between 10 pm and 6
                                                                        am or as designated by superintendent.
Bullfrog North and South................  2,250 acres................   Street-legal ATVs allowed with
                                                                        ORV permit from March 2-October 31.
                                                                        Conventional motor vehicles
                                                                        allowed with ORV permit year-round.
                                                                        15 mph speed limit (unless
                                                                        otherwise posted).
                                                                        Quiet hours between 10 pm and 6
                                                                        am or as designated by superintendent.
                                                                        Vehicle-free zone as posted.
Copper Canyon...........................  30 acres...................   Conventional motor vehicles and
                                                                        street-legal ATVs allowed with ORV
                                                                        permit year-round.
                                                                        15 mph speed limit (unless
                                                                        otherwise posted).
                                                                        Quiet hours between 10 pm and 6
                                                                        am or as designated by superintendent.

[[Page 3814]]

 
Crosby Canyon...........................  450 acres..................   Street-legal ATVs allowed with
                                                                        ORV permit from March 2-October 31.
                                                                        Conventional motor vehicles
                                                                        allowed with ORV permit year-round.
                                                                        15 mph speed limit (unless
                                                                        otherwise posted).
                                                                        Quiet hours between 10 pm and 6
                                                                        am or as designated by superintendent.
Dirty Devil.............................  75 acres...................   Street-legal ATVs allowed with
                                                                        ORV permit from March 2-October 31.
                                                                        Conventional motor vehicles
                                                                        allowed with ORV permit year-round.
                                                                        15 mph speed limit (unless
                                                                        otherwise posted).
                                                                        Quiet hours between 10 pm and 6
                                                                        am or as designated by superintendent.
Farley Canyon...........................  275 acres..................   Street-legal ATVs allowed with
                                                                        ORV permit from March 2-October 31.
                                                                        Conventional motor vehicles
                                                                        allowed with ORV permit year-round.
                                                                        15 mph speed limit (unless
                                                                        otherwise posted).
                                                                        Quiet hours between 10 pm and 6
                                                                        am or as designated by superintendent.
Hite Boat Ramp..........................  50 acres...................   Conventional motor vehicles and
                                                                        street-legal ATVs allowed with ORV
                                                                        permit year-round.
                                                                        15 mph speed limit (unless
                                                                        otherwise posted).
                                                                        Quiet hours between 10 pm and 6
                                                                        am or as designated by superintendent.
Neskahi.................................  15 acres...................   Conventional motor vehicles and
                                                                        street-legal ATVs allowed with ORV
                                                                        permit year-round.
                                                                        15 mph speed limit (unless
                                                                        otherwise posted).
                                                                        Quiet hours between 10 pm and 6
                                                                        am or as designated by superintendent.
Nokai Canyon............................  275 acres..................   Conventional motor vehicles and
                                                                        street-legal ATVs allowed with ORV
                                                                        permit year-round.
                                                                        15 mph speed limit (unless
                                                                        otherwise posted).
                                                                        Quiet hours between 10 pm and 6
                                                                        am or as designated by superintendent.
Paiute Canyon...........................  100 acres..................   Conventional motor vehicles and
                                                                        street-legal ATVs allowed with ORV
                                                                        permit year-round.
                                                                        15 mph speed limit (unless
                                                                        otherwise posted).
                                                                        Quiet hours between 10 pm and 6
                                                                        am or as designated by superintendent.
Paiute Farms............................  1,000 acres................   Conventional motor vehicles and
                                                                        street-legal ATVs allowed with ORV
                                                                        permit year-round.
                                                                        15 mph speed limit (unless
                                                                        otherwise posted).
                                                                        Quiet hours between 10 pm and 6
                                                                        am or as designated by superintendent.
Red Canyon..............................  50 acres...................   Street-legal ATVs allowed with
                                                                        ORV permit from March 2-October 31.
                                                                        Conventional motor vehicles
                                                                        allowed with ORV permit year-round.
                                                                        15 mph speed limit (unless
                                                                        otherwise posted).
                                                                        Quiet hours between 10 pm and 6
                                                                        am or as designated by superintendent.
Stanton Creek...........................  675 acres..................   Street-legal ATVs allowed with
                                                                        ORV permit from March 2-October 31.
                                                                        Conventional motor vehicles
                                                                        allowed with ORV permit year-round.
                                                                        15 mph speed limit (unless
                                                                        otherwise posted).
                                                                        Quiet hours between 10 pm and 6
                                                                        am or as designated by superintendent.
                                                                        Vehicle-free zone as posted.
White Canyon............................  325 acres..................   Street-legal ATVs allowed with
                                                                        ORV permit from March 2-October 31.
                                                                        Conventional motor vehicles
                                                                        allowed with ORV permit year round.
                                                                        15 mph speed limit (unless
                                                                        otherwise posted).
                                                                        Quiet hours between 10 pm and 6
                                                                        am or as designated by superintendent.
Ferry Swale.............................  16 miles...................   Conventional motor vehicles,
                                                                        street-legal ATVs and OHVs allowed with
                                                                        ORV permit year-round.
                                                                        25 mph speed limit (unless
                                                                        otherwise posted).
Middle Moody Canyon Trailhead...........  2 miles....................   Conventional motor vehicles,
                                                                        street-legal ATVs and OHVs allowed year-
                                                                        round.
                                                                        ORV permit not required.
                                                                        25 mph speed limit (unless
                                                                        otherwise posted).
East Gypsum Canyon Overlook.............  1.2 miles..................   Conventional motor vehicles,
                                                                        street-legal ATVs and OHVs allowed year-
                                                                        round.
                                                                        ORV permit not required.
                                                                        25 mph speed limit (unless
                                                                        otherwise posted).
Imperial Valley.........................  0.75 miles.................   Conventional motor vehicles,
                                                                        street-legal ATVs and OHVs allowed year-
                                                                        round.
                                                                        ORV permit not required.
                                                                        25 mph speed limit (unless
                                                                        otherwise posted).
Gunsight Springs Trailhead..............  1 mile.....................   Conventional motor vehicles,
                                                                        street-legal ATVs and OHVs allowed year-
                                                                        round.
                                                                        ORV permit not required.
                                                                        25 mph speed limit (unless
                                                                        otherwise posted).
----------------------------------------------------------------------------------------------------------------

    (4) On-road motor vehicle use. (i) The operation of a motor vehicle 
on GMP roads is prohibited except as set forth in Table 2 to paragraph 
(f)(4)(i):

                                         Table 2 to Paragraph (f)(4)(i)
----------------------------------------------------------------------------------------------------------------
                                                             Allowed on unpaved GMP     Allowed on unpaved GMP
                                      Allowed on paved GMP      roads outside the      roads within the Orange
       Type of motor vehicle                  roads           Orange Cliffs Special   Cliffs Special Management
                                                                 Management Unit                 Unit
----------------------------------------------------------------------------------------------------------------
Conventional motor vehicle.........  Yes...................  Yes...................  Yes.

[[Page 3815]]

 
Street-legal ATV...................  Yes (except for the     Yes...................  Yes, on Route 633
                                      Lees Ferry Developed                            proceeding north to Route
                                      Area).                                          730, an 8-mile portion of
                                                                                      the Poison Spring Loop and
                                                                                      on the upper portion of
                                                                                      the Flint Trail if
                                                                                      designated by the
                                                                                      Superintendent under
                                                                                      paragraph (4)(ii) below.
OHV................................  No....................  Yes...................  Yes, on Route 633
                                                                                      proceeding north to Route
                                                                                      730, an 8-mile portion of
                                                                                      the Poison Spring Loop and
                                                                                      on the upper portion of
                                                                                      the Flint Trail if
                                                                                      designated by the
                                                                                      Superintendent under
                                                                                      paragraph (4)(ii) below.
----------------------------------------------------------------------------------------------------------------

    (ii) The Superintendent may determine whether street-legal ATVs or 
OHVs are allowed on a 15-20 mile section of an unpaved GMP road known 
as the upper portion of the Flint Trail within the Orange Cliffs 
Special Management Unit pursuant to paragraph (f)(6) of this section. 
Except on the portion of the Poison Spring Loop identified in Table 2 
to paragraph (f)(4)(i) and as may be allowed by the Superintendent on 
the upper portion of the Flint Trail, street-legal ATVs and OHVs are 
prohibited on unpaved GMP roads in the Orange Cliffs Special Management 
Unit.
    (5) Motor vehicle and operator requirements. (i) Motor vehicles 
must be equipped at all times with noise-suppression devices, including 
an exhaust muffler in good working order and in constant operation. 
Operating a motor vehicle that emits more than 96 decibels of sound 
(using the SAE J1287 test standard) is prohibited. Creating or 
sustaining unreasonable noise considering the nature and purpose of the 
actor's conduct, impact on park users, location, and other factors that 
would govern the conduct of a reasonably prudent person is prohibited.
    (ii) All motor vehicles operating in Lone Rock Beach Play Area must 
be equipped with a solid red or orange safety flag that is a minimum of 
six by 12 inches in size and that is attached to the vehicle so that 
the safety flag is at least eight feet above the surface of the level 
ground, or attached to the protective headgear of a person operating a 
motorcycle or dirt bike so that the safety flag is at least 18 inches 
above the top of the person's headgear. Operating a motor vehicle 
without a safety flag at Lone Rock Beach Play Area is prohibited.
    (iii) Operating a motor vehicle in excess of 15 mph (unless 
otherwise posted) at the following off-road motor vehicle locations--
Lone Rock Beach, Blue Notch, Bullfrog North and South, Copper Canyon, 
Crosby Canyon, Dirty Devil, Farley Canyon, Hite Boat Ramp, Neskahi, 
Nokai Canyon, Paiute Canyon, Paiute Farms, Red Canyon, Stanton Creek, 
and White Canyon--is prohibited.
    (iv) Operating a motor vehicle in excess of 25 mph (unless 
otherwise posted) on unpaved GMP roads and on off-road motor vehicle 
routes in Ferry Swale, Middle Moody Canyon Trailhead, East Gypsum 
Canyon Overlook, Imperial Valley, and Gunsight Springs Trailhead is 
prohibited.
    (v) Operating a motor vehicle within a designated off-road motor 
vehicle area during quiet hours with the exception of entering and 
exiting a campsite is prohibited.
    (vi) Operating a generator or audio device, such as a radio, deck 
or compact disc player, within a designated off-road motor vehicle area 
during quiet hours is prohibited. During the hours of permitted 
operation, generators must be adequately muffled and not create 
excessive noise as defined in 36 CFR 2.12(a)(1).
    (vii) Operating a motor vehicle within a posted ``vehicle-free'' 
zone is prohibited.
    (viii) Operating an OHV under the age of 18 without a helmet is 
prohibited.
    (6) Superintendent's authority. (i) The superintendent may close or 
reopen designated areas or routes to motor vehicle use, or impose 
conditions or restrictions on the use of off-road motor vehicles after 
taking into consideration public health and safety, natural and 
cultural resource protection, lake levels, and other management 
activities and objectives.
    (ii) The superintendent will provide public notice of all such 
actions through one or more of the methods listed in Sec.  1.7 of this 
chapter.
    (iii) Violating any such closure, condition, or restriction is 
prohibited.
    (iv) The superintendent may suspend or revoke an existing permit, 
and may deny future applications for an off-road motor vehicle permit, 
based upon violations of any such closure, condition, or restriction.

George Wallace,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2020-28464 Filed 1-14-21; 8:45 am]
BILLING CODE 4312-52-P