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administering the Department’s DEPARTMENT OF THE INTERIOR Crystal Dam and Reservoir make up the programs and activities. Curecanti Unit, one of the four main National Park Service These proposed priorities and units authorized by the Colorado River requirements would benefit individual Storage Project Act of April 11, 1956 36 CFR Part 7 (Pub. L. 84–485) (CRSPA). The children by supporting the development Curecanti Unit is also known as the and enhancement of safe, secure, and [NPS–CURE–10079; 122PPIMCURES1– PPMPSPD1Z.YM0000] Wayne N. Aspinall Storage Unit. healthy school practices that would Section 8 of CRSPA directed the provide educators and stakeholders RIN 1024–AD76 Secretary of the Interior (Secretary) ‘‘to with timely and useful information to investigate, plan, construct, operate, and Special Regulations of the National guide policy and decision making for maintain (1) public recreational Park Service, Curecanti National education facilities. facilities on lands withdrawn or Recreation Area, Snowmobiles and acquired for the development of [the Intergovernmental Review: This Off-Road Motor Vehicles program is subject to Executive Order Colorado River Storage Project] to 12372 and the regulations in 34 CFR AGENCY: National Park Service, Interior. conserve the scenery, the natural, part 79. One of the objectives of the ACTION: Proposed rule. historic, and archeological objects, and Executive Order is to foster an the wildlife on said lands, and to SUMMARY: The National Park Service intergovernmental partnership and a provide for public use and enjoyment of proposes to amend its special the same and of the water areas created strengthened federalism. The Executive regulations for Curecanti National by these projects by such means as are Order relies on processes developed by Recreation Area, Colorado, to designate consistent with the primary purposes of State and local governments for routes, water surfaces, and areas where said projects. . . .’’ coordination and review of proposed snowmobiles or motor vehicles may be Pursuant to that provision, the Federal financial assistance. used off park roads. Unless authorized National Park Service (NPS) began This document provides early by special regulation, the operation of managing natural and cultural resources notification of our specific plans and snowmobiles and the operation of motor and recreational uses within Curecanti actions for this program. vehicles off road within areas of the National Recreation Area (CURE) in National Park System are prohibited. Accessible Format: Individuals with 1965 under a Memorandum of The other existing special regulations Agreement (MOA) with the Bureau of disabilities can obtain this document in for Curecanti National Recreation Area Reclamation. In 1978, Bureau of an accessible format (e.g., braille, large would remain in effect. Reclamation lands in the East Portal print, audiotape, or compact disc) on DATES: Comments must be received by area were added to CURE and placed request to the program contact person July 8, 2013. under the management authority of the listed under FOR FURTHER INFORMATION ADDRESSES: You may submit comments, NPS pursuant to the MOA. CONTACT. identified by the Regulation Identifier Description and Significance of Electronic Access to This Document: Number (RIN) 1024–AD76, by any of the Curecanti National Recreation Area The official version of this document is following methods: the document published in the Federal • Federal rulemaking portal: http:// CURE is located in Gunnison and Register. Free Internet access to the www.regulations.gov. Follow the Montrose Counties in southwestern official edition of the Federal Register instructions for submitting comments. Colorado. The reservoirs and the • and the Code of Federal Regulations is Mail or hand delivery to: Curecanti surrounding lands provide recreational available via the Federal Digital System National Recreation Area, 102 Elk opportunities amidst a variety of natural, cultural, and scenic resources, at: www.gpo.gov/fdsys. At this site you Creek, Gunnison, CO 81230, Attn: Ken including recently discovered dinosaur can view this document, as well as all Stahlnecker, Chief of Resource Stewardship and Science. fossils, a 5,000-acre archeological other documents of this Department Instructions: All submissions received district, and traces of 6,000-year-old published in the Federal Register, in must include the agency name and RIN dwellings. Approximately one million text or Adobe Portable Document for this rulemaking. All comments people visit CURE annually to take Format (PDF). To use PDF you must received will be posted without change advantage of numerous recreational have Adobe Acrobat Reader, which is to www.regulations.gov, including any opportunities. Most visitors come available free at the site. personal information provided. For during the summer months when You may also access documents of the additional information, see Public temperatures are warmer and water- Department published in the Federal Participation under SUPPLEMENTARY based activities are more popular. Register by using the article search INFORMATION below. The recreation area contains water feature at: www.federalregister.gov. FOR FURTHER INFORMATION CONTACT: Ken resources, including three reservoirs Specifically, through the advanced Stahlnecker, Chief of Resource that provide a variety of recreational search feature at this site, you can limit Stewardship and Science, Curecanti opportunities in a spectacular geological your search to documents published by National Recreation Area, 102 Elk setting. Blue Mesa Reservoir is one of the largest high-altitude bodies of water the Department. Creek, Gunnison, CO 81230. Phone: (970) 641–2337x225. Email: in the United States. It provides an Dated: May 3, 2013. [email protected]. exciting diversity of water recreation Deborah S. Delisle, opportunities for windsurfers, sail SUPPLEMENTARY INFORMATION: Assistant Secretary for Elementary and boaters, and water skiers. Background Secondary Education. Motor Vehicle and Snowmobile Use Off [FR Doc. 2013–10962 Filed 5–8–13; 8:45 am] History of Curecanti National Road at Curecanti National Recreation BILLING CODE 4000–01–P Recreation Area Area The Blue Mesa Dam and Reservoir, Visitors to CURE use motor vehicles Morrow Point Dam and Reservoir, and to access campsites, fishing spots,

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marinas, trailheads, and other issued in 1972 and amended by Desired conditions for routes in the destinations throughout the recreation Executive Order 11989 in 1977, required Semi-Primitive/Motorized zone will be area, both on and off roads. Motor federal agencies to issue regulations the same as those for the adjacent Semi- vehicle access is also an important designating specific areas and routes on Primitive/Non-Motorized zone, except means for disabled or mobility impaired public lands where the use of off-road public motor vehicles will be allowed. visitors to experience the recreation vehicles may be used. NPS has This will result in a predominantly area. implemented these Executive Orders in natural-appearing landscape with Motor vehicles have traditionally 36 CFR 2.18 and 4.10. abundant natural sights and sounds and been used to access certain sites within Under 36 CFR 4.10, the use of motor a limited number of unpaved motorized the recreation area, including areas vehicles off established roads is not travel routes. below the high-water mark (i.e., where permitted unless routes and areas are Visitor activities will be limited in the the water line would be if the reservoir designated for off-road motor vehicle Semi-Primitive/Motorized zone as no is at full capacity) of Blue Mesa use by a special regulation. Under 36 services or recreational facilities will be Reservoir (also known as Blue Mesa CFR 4.10(b), such routes and areas ‘‘may provided. Encounters with other Lake). The high-water mark is defined be designated only in national vehicles and visitors will be possible. as the point at which the reservoir is at recreation areas, national seashores, This zone will include the power line maximum capacity (full pool), an national lakeshores and national access road and associated spur routes elevation of 7,519 feet. NPS policy at the preserves.’’ Similarly, under 36 CFR to the shoreline on the south side of recreation area has been to allow the 2.18, the use of snowmobiles is not Blue Mesa Reservoir, and certain operation of motor vehicles between the permitted except on routes and water administrative routes. As a result, there high-water mark and the water surface surfaces used by motor vehicles or will be approximately 24 miles of of Blue Mesa Reservoir for the purpose motorboats during other seasons; routes traditionally used routes open to public of fishing access and boat launching. In and water surfaces must be designated motor vehicle access. addition, the NPS has designated for snowmobile use by special The selected action includes several access roads that service power regulation. approximately 4.9 miles of routes on lines as routes open for motor vehicle The NPS is issuing this proposed rule lands adjacent to CURE administered by access. Access to areas below the high- to designate routes, water surfaces, and the Bureau of Land Management (BLM) water mark is primarily from areas where motor vehicles and and the U.S. Forest Service (USFS). maintained roads. However, routes off snowmobiles may be used off park These lands are identified for future established roads also provide access for roads, in compliance with 36 CFR 2.18 NPS management in the August 2008 travel below the high-water mark in a and 4.10 and Executive Orders 11644 Final Resource Protection Study/ and 11989. Environmental Impact Statement (RPS/ few areas. The most common motor EIS), available at http:// vehicles that access these areas are cars Motorized Vehicle Access Plan/ parkplanning.nps.gov/cure then and trucks. During the winter months, Environmental Assessment clicking on the link entitled ‘‘Curecanti snowmobiles are often used to reach This proposed rule supports Resource Protection Study’’ and then popular fishing locations on the frozen implementation of the preferred clicking on the link entitled ‘‘Document surface of Blue Mesa Reservoir. alternative (Alternative C) for CURE List.’’ These routes are currently open to Snowmobiles access the frozen surface described in the October 2010 Motor public motor vehicle use under BLM from designated access points. Vehicle Access Plan/Environmental and USFS management plans and Authority and Jurisdiction Assessment (EA). The EA was open for connect to access routes within the public review and comment from boundary of CURE. Because the use of 1916 Organic Act November 17, 2010 until January 15, motor vehicles on these routes was The NPS manages CURE under the 2011. CURE completed a Finding of No analyzed by the EA and included in the NPS Organic Act of 1916 (Organic Act) Significant Impact (FONSI) on July 10, FONSI, no future compliance under the (16 U.S.C. 1 et seq.), which gives the 2012, which chose the preferred National Environmental Policy Act of NPS broad authority to regulate the use alternative (Alternative C) as the 1969 (NEPA) would be required to of the park areas under its jurisdiction. selected action. The EA and FONSI are designate these areas as open to motor The Organic Act authorizes the available at http:// vehicles. However, the NPS cannot Secretary to ‘‘make and publish such parkplanning.nps.gov/cure by clicking designate these routes as open to motor rules and regulations as he may deem the link entitled ‘‘Motorized Access vehicles until it gains administrative necessary or proper for the use and Plan/Environmental Assessment’’ and jurisdiction over the lands where they management of the parks.’’ then clicking the link entitled are located, which requires ‘‘Document List.’’ Congressional action. Congress is Resource Management Under the selected action (the currently considering a bill that would The purpose of the recreation area is preferred alternative in the EA), motor transfer administrative jurisdiction over to conserve its scenery, natural and vehicle use will be allowed only on these lands to the NPS. If this bill is cultural resources, and wildlife, and to routes above the high water mark and in enacted into law prior to publication of manage its lands, waters, fish, wildlife, areas below the high water mark of Blue the final rule, the NPS would designate and recreational activities consistent Mesa Reservoir that are designated as these routes as open to motor vehicles with the MOA, section 8 of CRSPA, and open. To better preserve traditional in the final rule. Therefore, the NPS the Federal Water Project Recreation Act access on routes above the high-water invites public comment on this (16 U.S.C 460(L)(12–21); Pub. L. 89–72; mark, the selected action will amend the proposed action as part of this rule. July 9, 1965 as amended). 1997 General Management Plan to Below the high-water mark of Blue create a new Semi-Primitive/Motorized Mesa Reservoir, the NPS will designate Off-Road Motor Vehicle and zone within and along the designated a maximum area of approximately 958 Snowmobile Regulation routes. This zone will include access acres traditionally used by the public as Executive Order 11644, Use of Off- routes to reservoir shoreline that have open to motor vehicle access. The actual Road Vehicles on the Public Lands, traditionally been used by the public. number of acres accessible by motor

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vehicles at any particular time will designated access points and access even though both would be allowed to depend upon the water level of the routes to the reservoir. Routes would be travel on the frozen surface of Blue reservoir. The remaining area (a designated for travel by snowmobiles Mesa Reservoir, because snowmobiles maximum area of approximately 7280 from the access points to the frozen are more easily controlled on snow and acres) below the high-water mark, that surface of Blue Mesa Reservoir. These ice due to vehicle design and a lower has not traditionally been used by motor access routes would be limited to the center of gravity. As a result, there are vehicles due to access limitations most direct route from the access points less safety and resource concerns with caused by terrain or reservoir levels, to the frozen surface. Traveling parallel driving snowmobiles in excess of 15 will not be open to vehicular use in to the reservoir, before accessing the mph. Motor vehicle gross weight would order to protect known and unknown frozen surface, would be prohibited. be limited to a maximum of 1,800 resources, including cultural sites. Routes may be marked where possible, pounds (machine and cargo) on the Pedestrian access will continue to be but changing weather conditions and frozen surface of Blue Mesa Reservoir. permitted in these areas, except when terrain often make posting routes This vehicle restriction is intended to and where resource closures may be in difficult. The rule also would create allow only lightweight all-terrain effect. The selected action retains three new snowmobile access points: vehicles (ATV) or utility task vehicles traditional access in the recreation area one at the Lake Fork Visitor Center boat (UTV or sometimes referred to as a side- by keeping the most commonly used ramp; one on the southeast shore of Iola by-side) onto the frozen surface. routes and areas open to public motor Basin near Willow Creek; and one near To prevent impacts to areas outside of vehicle access. McIntyre Gulch. The new access points existing routes, a maximum 8 feet, 6 Under the selected action, three new would reduce environmental impacts by inches wheel width (track) requirement snowmobile access points will be shortening the distance some visitors would be implemented for motor designated in addition to the currently travel over the frozen surface by vehicles on all designated routes. The designated access points and routes: one snowmobile to fish. A map of the water NPS may also recommend, but not at the Lake Fork Visitor Center boat surfaces and routes open to snowmobile require, four-wheel drive and/or high- ramp; one on the southeast shore of Iola use and designated access points would clearance vehicles on particular routes, Basin near Willow Creek; and one in the be available in the office of the based on visitor safety and route McIntyre Gulch area. The selected Superintendent and on the park Web conditions. action meets all objectives of the EA, site. Superintendent’s Authority best retains traditional motor vehicle Snowmobile gross weight would access, and provides the highest level of continue to be limited to a maximum of Routes, water surface, areas, or access protection for known and unknown 1,200 pounds (machine and cargo). The points designated for snowmobile, cultural resources. snowmobile speed limit would remain personal watercraft, or off-road motor 45 mph (36 CFR 2.18(d)(4)). vehicle use would be subject to year- Proposed Rule round, seasonal, or temporary site- This proposed rule would amend the Off Road Vehicles specific closures, conditions, or special regulations for CURE at 36 CFR Paragraph 7.51(e) would be added to restrictions with notice provided 7.51 to implement the selected action in designate routes and areas where motor pursuant to 36 CFR 1.7. The the FONSI (the preferred alternative in vehicles may be used off-road in the Superintendent’s authority in the EA). The rule would designate recreation area. Under 36 CFR 1.4, the § 7.51(d)(5), related to personal frozen recreation area water surfaces term ‘‘motor vehicle’’ does not include watercraft use, would be removed where snowmobiles may be used, snowmobiles. As a result, paragraph because it would be redundant with the designate new access points, and 7.51(e) would not apply to Superintendent’s authority in paragraph designate routes from the access points snowmobiles. Under this rule, the (f) of the proposed rule. frozen surface of Blue Mesa Reservoir to the frozen surface of the Blue Mesa Economic Analysis Reservoir. The rule would also and a maximum area of approximately designate routes and areas where motor 958 acres of the exposed bed of Blue An analysis of the potential costs and vehicles may be used off park roads Mesa Reservoir would be designated benefits of the rule can be found in the within the recreation area, and access areas for motor vehicle use. report entitled ‘‘Summary of Economic routes at various locations throughout Approximately 24 miles of off-road Analyses’’ which is available at http:// the park. The rule does not address routes would be designated open to parkplanning.nps.gov/cure then management of snowmobiles on USFS public motor vehicle use. These routes clicking the link entitled ‘‘Motorized lands identified for future NPS would provide access to Blue Mesa Access Plan/Environmental management in the RPS/EIS. Reservoir, other CURE lands, and to Assessment’’ and then clicking the link adjacent public lands. A map of areas entitled ‘‘Document List.’’ Snowmobiles and routes open to off-road motor Compliance With Other Laws, Under this rule, section 7.51(c) would vehicle use would be available in the Executive Orders and Department be amended to modify the designated office of the Superintendent and on the Policy access routes and frozen water surface park Web site. where snowmobiles may be used. The provisions of 36 CFR Part 4, Use of Off-Road Vehicles on the Public Snowmobiles would continue to be including state law adopted by 36 CFR Lands (Executive Orders 11644 and permitted to operate on designated 4.1, apply within the recreation area. 11989) routes and areas within the boundaries Unless posted otherwise, the speed limit Section 3(a)(4) of Executive Order of CURE provided their use conforms to would be 15 mph for motor vehicles on 11644 provides that ORV ‘‘[a]reas and the regulations governing the use of all designated off-road routes and areas. trails shall be located in areas of the snowmobiles in 36 CFR 2.18 and Speed limits are implemented for visitor National Park system, Natural Areas, or applicable State laws. The rule would safety and to prohibit driving that may National Wildlife Refuges and Game retain the frozen surface of Blue Mesa damage resources. The 45 mph speed Ranges only if the respective agency Reservoir as a designated area for limit for snowmobiles is higher than the head determines that off-road vehicle snowmobile use and add specific 15 mph speed limit for motor vehicles, use in such locations will not adversely

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affect their natural, aesthetic, or scenic Regulatory Planning and Review rule does not have a significant or values.’’ Since the Executive Order (Executive Orders 12866 and 13563) unique effect on State, local or tribal clearly was not intended to prohibit all Executive Order 12866 provides that governments or the private sector. A ORV use everywhere in these units, the the Office of Information and Regulatory statement containing the information term ‘‘adversely affect’’ does not have Affairs (OIRA) will review all significant required by the UMRA (2 U.S.C. 1531 et the same meaning as the somewhat rules. OIRA has determined that this seq.) is not required. similar terms ‘‘adverse impact’’ and rule is not significant. Takings (Executive Order 12630) ‘‘adverse effect’’ used in NEPA. In Executive Order 13563 reaffirms the analyses under NEPA, a procedural principles of Executive Order 12866 Under the criteria in section 2 of statute that provides for the study of while calling for improvements in the Executive Order 12630, this rule does not have significant takings environmental impacts, the term nation’s regulatory system to promote implications. A takings implication ‘‘adverse effect’’ includes minor or predictability, to reduce uncertainty, assessment is not required. negligible effects. Section 3(a)(4) of the and to use the best, most innovative, Executive Order, by contrast, concerns and least burdensome tools for Federalism (Executive Order 13132) achieving regulatory ends. It directs substantive management decisions and Under the criteria in section 1 of must be read in the context of the agencies to consider regulatory approaches that reduce burdens and Executive Order 13132, this rule does authorities applicable to such decisions. not have sufficient federalism CURE is an area of the National Park maintain flexibility and freedom of choice for the public where these implications to warrant the preparation System. Therefore, NPS interprets the approaches are relevant, feasible, and of a Federalism summary impact Executive Order term ‘‘adversely affect’’ consistent with regulatory objectives. statement. This proposed rule only consistent with its NPS Management Executive Order 13563 emphasizes affects use of NPS administered lands Policies 2006. Those policies require further that regulations must be based and waters. A Federalism summary that the NPS only allow ‘‘appropriate on the best available science and that impact statement is not required. use’’ of parks and avoid ‘‘unacceptable the rulemaking process must allow for Civil Justice Reform (Executive Order impacts.’’ public participation and an open 12988) This rule is consistent with those exchange of ideas. We have developed This rule complies with the requirements. It will not impede this rule in a manner consistent with requirements of Executive Order 12988. attainment of CURE’s desired future these requirements. Specifically, this rule: conditions for natural and cultural Regulatory Flexibility Act (RFA) (a) Meets the criteria of section 3(a) resources as identified in the EA. NPS requiring that all regulations be has determined that this rule will not This rule will not have a significant economic effect on a substantial number reviewed to eliminate errors and unreasonably interfere with the ambiguity and be written to minimize atmosphere of peace and tranquility or of small entities under the RFA (5 U.S.C. 601 et seq.). This certification is litigation; and the natural soundscape maintained in (b) Meets the criteria of section 3(b)(2) natural locations within CURE. based on the regulatory flexibility analysis found in the report entitled requiring that all regulations be written Therefore, within the context of the ‘‘Summary of Economic Analyses’’ in clear language and contain clear legal resources and values of CURE, motor which can be viewed on the park’s standards. vehicle use on the routes and areas planning Web site, http:// designated by this rule (which are also Paperwork Reduction Act (PRA) parkplanning.nps.gov/cure, then subject to resource closures and other clicking the link entitled ‘‘Motorized This rule does not contain species management measures that Access Plan/Environmental information collection requirements, would be implemented under the Assessment’’ and then clicking the link and a submission under the PRA is not preferred alternative in the EA) will not entitled ‘‘Document List.’’ required. cause an unacceptable impact to the Small Business Regulatory Enforcement National Environmental Policy Act natural, aesthetic, or scenic values of (NEPA) CURE. Fairness Act (SBREFA) This rule does not constitute a major Section 8(a) of the Executive Order This rule is not a major rule under 5 Federal action significantly affecting the requires agency heads to monitor the U.S.C. 804(2), the SBREFA. This rule: (a) Does not have an annual effect on quality of the human environment. A effects of ORV use on lands under their detailed statement under NEPA is not jurisdictions. On the basis of the economy of $100 million or more. (b) Will not cause a major increase in required because we reached a FONSI. information gathered, agency heads The EA and FONSI are available at shall from time to time amend or costs or prices for consumers, individual industries, Federal, State, or http://parkplanning.nps.gov/cure then rescind designations of areas or other local government agencies, or clicking the link entitled ‘‘Motorized actions as necessary to further the geographic regions. Access Plan/Environmental policy of the Executive Order. The (c) Does not have significant adverse Assessment’’ and then clicking on the preferred alternative (Alternative C) for effects on competition, employment, link entitled ‘‘Document List.’’ the EA identifies monitoring and investment, productivity, innovation, or resource protection procedures and Consultation with Indian Tribes the ability of U.S.-based enterprises to (Executive Order 13175 and periodic review to provide for the compete with foreign-based enterprises. ongoing and future evaluation of Department Policy) impacts of motor vehicle use on Unfunded Mandates Reform Act The Department of the Interior strives protected resources. The park (UMRA) to strengthen its government-to- Superintendent has the existing This rule does not impose an government relationship with Indian authority under both this final rule and unfunded mandate on State, local, or Tribes through a commitment to 36 CFR 1.5 to close portions of CURE as tribal governments or the private sector consultation with Indian Tribes and needed to protect park resources. of more than $100 million per year. The recognition of their right to self-

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governance and tribal sovereignty. We submit written comments regarding this at the office of the Superintendent, Elk have evaluated this rule under the proposed rule by one of the methods Creek Visitor Center, Lake Fork Visitor Department’s consultation policy and listed in the ADDRESSES section. Center, Cimarron Visitor Center, and on under the criteria in Executive Order the Recreation Area Web site. Public Availability of Comments 13175 and have determined that it has (3) Snowmobile requirements. no substantial direct effects on federally Before including your address, phone Snowmobiles are limited to a maximum recognized Indian tribes and that number, email address, or other of 1200 pounds gross vehicle weight consultation under the Department’s personal identifying information in your (GVW), including cargo. tribal consultation policy is not comment, you should be aware that * * * * * required. your entire comment—including your (e) Off-road motor vehicle use. Motor However, park staff consulted with personal identifying information—may vehicles are permitted to operate within representatives from the Southern Ute be made publicly available at any time. the boundaries of Curecanti National Indian tribe, Uintah and Ouray Tribal While you can ask us in your comment Recreation Area off park roads under the Business Committee, Ute tribe of the to withhold your personal identifying following conditions: Uintah and Ouray Reservation, and the information from public review, we (1) Designated areas and routes. Ute Mountain Ute tribe. The tribes have cannot guarantee that we will be able to Motor vehicle use off park roads is not commented or identified any do so. confined to the following areas and concerns to date, though CURE will List of Subjects in 36 CFR Part 7 routes: contact the tribes again when the EA (i) Via the access points and routes and this proposed rule is published. If National parks, Reporting and listed in paragraph (c)(2)(ii) of this issues are identified in the future, recordkeeping requirements. section, directly to the frozen surface of section 6 of Executive Order 13175 and In consideration of the foregoing, the Blue Mesa Reservoir; Executive Order 13007 permits the park National Park Service proposes to (ii) A maximum area of approximately to grant access to areas in CURE, which amend 36 CFR Part 7 as follows: 958 acres of the exposed lake bottom of are otherwise closed, to the public to Blue Mesa Reservoir between the high- tribal members that may be affected by PART 7—SPECIAL REGULATIONS, water mark and the water of the any changes developed under the EA. AREAS OF THE NATIONAL PARK reservoir; and SYSTEM (iii) Posted access routes through the Effects on the Energy Supply (Executive ■ park. Order 13211) 1. The authority for part 7 continues (iv) These areas and routes are to read as follows: This rule is not a significant energy identified on Maps 6a and 6b, dated action under the definition in Executive Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec. January 1, 2011, which are available at Order 13211. A Statement of Energy 7.96 also issued under 36 U.S.C. 501–511, the office of the Superintendent, Elk Effects is not required. D.C. Code 10–137 (2001) and D.C. Code 50– Creek Visitor Center, Lake Fork Visitor 2201.07 (2001). Center, Cimarron Visitor Center, and on Clarity of This Rule ■ 2. Amend § 7.51 by revising the the Recreation Area Web site. We are required by Executive Orders introductory text of paragraph (c), (2) Vehicle requirements. Motor 12866 and 12988 and by the revising paragraphs (c)(2) and (c)(3), vehicles operating off-road must meet Presidential Memorandum of June 1, removing paragraph (d)(5), and adding the following requirements: 1998, to write all rules in plain paragraphs (e) and (f). (i) Maximum wheelbase width must language. This means that each rule we The revisions and additions read as not exceed 8 feet, 6 inches. publish must: follows: (ii) Maximum gross vehicle weight for (a) Be logically organized; motor vehicle use on the frozen surface (b) Use the active voice to address § 7.51 Curecanti Recreation Area. of Blue Mesa Reservoir is 1800 pounds readers directly; * * * * * GVW. This restricts vehicle use on the (c) Use clear language rather than (c) Snowmobiles. Snowmobiles are frozen surface to all-terrain and utility jargon; permitted to operate within the task vehicles. (d) Be divided into short sections and boundaries of Curecanti National (3) Speed limits. Unless otherwise sentences; and Recreation Area under the following posted, motor vehicles may not exceed (e) Use lists and tables wherever conditions: 15 miles per hour on designated off-road possible. * * * * * routes and areas. If you feel that we have not met these (2) Designated water surface and (f) Superintendent’s authority. The requirements, send us comments by one routes. Snowmobile use is confined to Superintendent may open or close of the methods listed in the ADDRESSES the following water surface and routes: designated routes, water surfaces, access section. To better help us revise the (i) The frozen surface of Blue Mesa points, or areas open to snowmobile, rule, your comments should be as Reservoir; and PWC, or off-road motor vehicle use, or specific as possible. For example, you (ii) Lake Fork Visitor Center access portions thereof, or impose conditions should tell us the numbers of the point, McIntyre Gulch access point, or restrictions for snowmobile, PWC, or sections or paragraphs that are unclearly Sapinero Beach access point, Dillon off-road motor vehicle use after taking written, which sections or sentences are Pinnacles access point, Windsurf Beach into consideration public health and too long, the sections where you feel access point, Elk Creek Marina, Dry safety, natural and cultural resource lists or tables would be useful, etc. Creek access point, North Willow access protection, and other management point, Old Stevens access point, Iola activities and objectives. Public Participation access point, Willow Creek access point, (1) The Superintendent will provide It is the policy of the Department of and the most direct route from each of public notice of all such actions through the Interior, whenever practicable, to these access points to the frozen surface one or more of the methods listed in afford the public an opportunity to of Blue Mesa Reservoir. § 1.7 of this chapter. participate in the rulemaking process. (iii) The designated water surface and (2) Violating a closure, condition or Accordingly, interested persons may routes are identified on maps available restriction is prohibited.

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Dated: May 1, 2013. scanned document). The maximum file correctness of the calculations and Rachel Jacobson, size is 6 megabytes (MB). The name of royalty payments reported therein.’’ Principal Deputy Assistant Secretary for Fish the submitter and organization should On June 14, 2012, the Office and Wildlife and Parks. appear on both the form and the face of published a Notice of Proposed [FR Doc. 2013–10979 Filed 5–8–13; 8:45 am] the comments. All comments will be Rulemaking and Request for Comments BILLING CODE 4312–EJ–P posted publicly on the Copyright Office on a regulation that would implement Web site exactly as they are received, sections 111(d)(6) and 119(b)(2) of the along with names and organizations if Copyright Act. See 77 FR 35643, June LIBRARY OF CONGRESS provided. If electronic submission of 14, 2012. The proposed regulation was comments is not feasible, please contact based on similar regulations that the U.S. Copyright Office the Copyright Office at (202) 707–8380 Office developed for parties that make for special instructions. ephemeral recordings or transmit digital 37 CFR Part 201 sound recordings under 17 U.S.C. 112(e) FOR FURTHER INFORMATION CONTACT: Erik and 114(f), respectively, or manufacture, [Docket No. 2012–5] Bertin, Attorney Advisor, Copyright GC/ import, and distribute digital audio I&R, P.O. Box 70400, Washington, DC recording devices under 17 U.S.C. Verification of Statements of Account 20024. Telephone: (202) 707–8380. chapter 10. See id. at 35644. The Office Submitted by Cable Operators and Telefax: (202) 707–8366. also considered a Petition for Satellite Carriers SUPPLEMENTARY INFORMATION: Rulemaking, which offered proposals AGENCY: U.S. Copyright Office, Library from a group of copyright owners who I. Background of Congress. are the beneficiaries of the royalties paid ACTION: Notice of proposed rulemaking; Sections 111 and 119 of the Copyright under the statutory licenses (‘‘Copyright 1 request for comments. Act (‘‘Act’’), title 17 of the United States Owners’’). Code, allow cable operators and satellite The Office received comments on the SUMMARY: On June 14, 2012, the United carriers to retransmit the performance or proposed regulation from groups States Copyright Office published a display of works embodied in a primary representing copyright owners, cable 2 notice of proposed rulemaking and transmission made by a broadcast operators, and individual companies request for comments concerning a new station licensed by the Federal that retransmit broadcast programming regulation that will allow copyright Communications Commission. In order under section 111 or 119 of the Act, owners to audit the Statements of to use the statutory licenses, cable namely, AT&T, Inc., DIRECTV, LLC Account and royalty fees that cable operators and satellite carriers are (‘‘DTV’’), and DISH Network L.L.C. operators and satellite carriers deposit required to file Statements of Account (‘‘DISH’’). While the parties agreed on with the Copyright Office for secondary and deposit royalty fees with the the overall framework that the Office transmissions of broadcast programming Copyright Office (‘‘Office’’) on a semi- proposed for the verification procedure, they strongly disagreed on a number of made pursuant to statutory licenses. The annual basis. The Office invests these key issues, such as the procedures for Copyright Office has revised the royalties in United States Treasury selecting an auditor, for expanding the proposed regulation based on comments securities pending distribution of the scope of the audit, and for allocating the that it received from copyright owners, funds to copyright owners who are cost of the verification procedure. cable operators, and satellite carriers. entitled to receive a share of the The Copyright Office seeks comments On August 24, 2012 and again on royalties. September 26, 2012, the National Cable on the revised proposal before it is In 2010, Congress enacted the adopted as a final rule. & Telecommunications Association Satellite Television Extension and (‘‘NCTA’’), the Joint Sports Claimants, DATES: Comments on the revised Localism Act of 2010 (‘‘STELA’’), Public and the Program Suppliers submitted a proposal must be received in the Office Law 111–175 which, inter alia, directed joint motion to extend the deadline for of the General Counsel of the Copyright the Register of Copyrights to develop a submitting reply comments.3 They Office no later than 5 p.m. Eastern new procedure for verifying the Daylight Time (EDT) on June 10, 2013. Statements of Account and royalty fees 1 The petition was filed on behalf of Program Reply comments must be received in the that cable operators and satellite carriers Suppliers (commercial entertainment Office of the General Counsel no later deposit with the Office. Specifically, programming), Joint Sports Claimants (professional than 5 p.m. EDT on June 24, 2013. and college sports programming), Commercial section 119(b)(2) directed the Register to Television Claimants (local commercial television ADDRESSES: The Copyright Office ‘‘issue regulations to permit interested programming), Music Claimants (musical works strongly prefers that comments be parties to verify and audit the included in television programming), Public submitted electronically. A comment statements of account and royalty fees Television Claimants (noncommercial television programming), Canadian Claimants (Canadian submission page is posted on the submitted by satellite carriers under television programming), National Public Radio Copyright Office Web site at [that] subsection.’’ Similarly, section (noncommercial radio programming), Broadcaster www.copyright.gov/docs/soaaudit/ 111(d)(6) directed the Register to ‘‘issue Claimants Group (U.S. commercial television stations), and Devotional Claimants (religious comments/submission/. The Web site regulations to provide for the television programming). A copy of the petition has interface requires submitters to confidential verification by copyright been posted on the Copyright Office Web site at complete a form specifying name and owners whose works were embodied in http://www.copyright.gov/docs/soaaudit/soa-audit- other required information, and to the secondary transmissions of primary petition.pdf. upload comments as an attachment. To transmissions pursuant to [section 111] 2 The National Cable & Telecommunications Association (‘‘NCTA’’) and the American Cable meet accessibility standards, all of the information reported on the Association (‘‘ACA’’) filed comments on behalf of comments must be uploaded in a single semiannual statements of account filed cable operators. file in either the Portable Document under this subsection for accounting 3 The NCTA is a trade association that represents Format (PDF) that contains searchable, periods beginning on or after January 1, cable operators. The Joint Sports Claimants represent copyright owners that produce accessible text (not an image); Microsoft 2010, in order that the auditor professional and college sports programming. The Word; WordPerfect; Rich Text Format designated under subparagraph Program Suppliers represent copyright owners that (RTF); or ASCII text file format (not a [111(d)(6)(A)] is able to confirm the Continued

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