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DEPARTMENT OF THE INTERIOR The recreation area offers a natural Current Motor Vehicle Use in the diversity of rugged water- and wind- Recreation Area National Park Service carved canyons, buttes, mesas, and Off-Road Motor Vehicles other outstanding physiographic 36 CFR Part 7 features. The recreation area allows for The use of motor vehicles to reach off- a variety of recreational opportunities, road destinations in Glen Canyon [Docket ID: NPS–2018–0001; NPS–GLCA– predates the establishment of the 27587; PPIMGLCAS1; PPMPSAS1Z.YP0000] including on- and off-road motor vehicle use and contains Lake Powell, recreation area in 1972. After Lake RIN 1024–AD93 the second-largest human-made lake in Powell began to fill behind the Glen North America, which provides the Canyon Dam in 1963, the public began Glen Canyon National Recreation Area; driving off road to access the new lake Motor Vehicles opportunity to recreate in a natural environment and access remote for recreational activities. ORV use AGENCY: National Park Service, Interior. backcountry areas. Evidence of 11,000 continued following the establishment of the recreation area in 1972. ORV use ACTION: Final rule. years of human occupation and use of resources in the recreation area provides is currently occurring in four general SUMMARY: The National Park Service a continuing story of the prehistoric, locations within the recreation area: • Lone Rock Beach is open to amends its special regulations for Glen historic, and present-day affiliation of conventional motor vehicles, off- Canyon National Recreation Area to humans and their environment. manage the use of motor vehicles on highway vehicles, and street-legal all- and off park roads. The rule requires a Authority To Promulgate Regulations terrain vehicles. The speed limit at Lone permit to operate a motor vehicle off Rock Beach is 15 mph. • roads in selected locations, designates The National Park Service (NPS) Lone Rock Beach Play Area is routes and areas where motor vehicles manages the recreation area under the located on a hill above and to the may be used off roads, and allows the NPS Organic Act (54 U.S.C. 100101 et southwest of Lone Rock Beach. This superintendent to establish closures and seq.), which gives the NPS broad 180-acre area is enclosed by a fence and restrictions based upon specific criteria. authority to regulate the use of the park open to unrestricted, high-intensity The rule also allows certain types of off- areas under its jurisdiction. The Organic ORV use. This area is a place where road vehicles on some paved and Act authorizes the Secretary of the ORV operators can challenge unpaved roads in the recreation area. Interior, acting through the NPS, to themselves, develop riding skills, Unless provided for by special ‘‘prescribe such regulations as the operate at high speeds, and perform regulation, operating a motor vehicle off Secretary considers necessary or proper jumps and hill climbs. There is no for the use and management of [National speed limit in the play area. roads within areas of the National Park • System is prohibited. Park] System units.’’ 54 U.S.C. Accessible Shoreline Areas provide public access by conventional motor DATES: This rule is effective on February 100751(a). In the recreation area’s vehicles to the Lake Powell shoreline for 16, 2021 except for the provisions in enabling act, Congress directed the the purposes of recreation (fishing, § 7.70(f)(2) and the permit requirements Secretary of the Interior to ‘‘administer, swimming, boating, etc.). The public is in Table 1 to § 7.70(f)(3)(ii) which are protect, and develop the recreation area allowed to depart the road and drive to effective April 15, 2021. in accordance with the [Organic Act], and with any other statutory authority the shoreline and park in designated ADDRESSES: The comments received on available to him for the conservation ORV areas. There are 13 accessible the proposed rule and an economic and management of natural resources.’’ shoreline areas (Blue Notch, Bullfrog analysis are available on 16 U.S.C. 460dd-3. North and South, Copper Canyon, www.regulations.gov in Docket ID: NPS– Crosby Canyon, Dirty Devil, Farley Executive Order 11644, Use of Off- 2018–0001. Canyon, Neskahi, Paiute Canyon, Red Road Vehicles on the Public Lands, was FOR FURTHER INFORMATION CONTACT: Canyon, Stanton Creek, Warm Creek, issued in 1972 and amended by William Shott, Superintendent, Glen White Canyon, and Hite Boat Ramp). Executive Order 11989 in 1977. Canyon National Recreation Area, P.O. Three shoreline areas (Bullfrog North Box 1507, Page, Arizona 86040, by Executive Order 11644 required federal and South, Crosby Canyon, and Warm phone at 928–608–6205, or by email at agencies to issue regulations designating Creek) are closed to ORVs in the _ GLCA [email protected]. specific areas and routes on public superintendent’s compendium. ORVs SUPPLEMENTARY INFORMATION: lands where the use of off-road vehicles are not allowed at Nokai Canyon and (ORVs) may be allowed. The NPS Paiute Farms, but these areas are Purpose and Significance of Glen implemented these Executive Orders by Canyon National Recreation Area accessed occasionally by ORVs. promulgating a regulation at 36 CFR • Ferry Swale is an area in the Congress established Glen Canyon 4.10 (Travel on park roads and Arizona portion of the recreation area National Recreation Area (the recreation designated routes). Under 36 CFR 4.10, with approximately 54 miles of area) in 1972 ‘‘to provide for the public the use of motor vehicles off established unauthorized routes that have been outdoor recreation use and enjoyment of roads is not permitted unless routes and created by users over time. Lake Powell and lands adjacent thereto areas are designated for off-road motor in the states of Arizona and Utah and to vehicle use by special regulation. Under On-Road Motor Vehicle Use preserve the scenic, scientific, and 36 CFR 4.10(b), such routes and areas A comprehensive planning process historic features contributing to the ‘‘may be designated only in national begun by the NPS after the public enjoyment of the area.’’ 16 U.S.C. recreation areas, national seashores, establishment of the recreation area 460dd. national lakeshores and national resulted in a General Management Plan The recreation area encompasses preserves.’’ This final rule designates (GMP) that was published in 1979. The 1,254,117 acres in northern Arizona and routes where motor vehicles may be GMP designated a system of paved and southeastern Utah and constitutes a used off roads in the recreation area in unpaved roads open to vehicle travel substantial part of the outstanding compliance with 36 CFR 4.10 and and closed several existing unpaved public lands of the Colorado Plateau. Executive Orders 11644 and 11989. roads in the backcountry. The paved

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and unpaved network of roads Management Plan/Draft Environmental (ATV), a sedan, a dirt bike, or any other identified in the GMP is open to motor Impact Statement (DEIS). In compliance motor vehicle that is capable of off-road vehicle travel, subject to restrictions on with the settlement agreement, the NPS travel. Among ORVs, the rule the types of vehicles that are allowed on also developed interim ORV plans for distinguishes between conventional specific roads. These roads are referred the accessible shoreline areas, Lone motor vehicles, off-highway vehicles to in the rule as ‘‘GMP roads.’’ Driving Rock Beach, and Lone Rock Play Area. (OHVs), and street-legal ATVs, as a motor vehicle off any paved or In January 2017, the NPS completed an follows: unpaved GMP road is considered off- Off-Road Vehicle Management Plan/ • Conventional motor vehicle means road motor vehicle use and is prohibited Final Environmental Impact Statement any motor vehicle that is designed except on designated routes and in (FEIS). On August 15, 2018, the primarily for operation on streets and designated areas. All other user-created Regional Director for the Intermountain highways, and that is licensed and routes and linear disturbances within Region signed a Record of Decision registered for interstate travel. the recreation area are closed to public (ROD) identifying the preferred motor vehicle travel. alternative in the FEIS (Alternative E: Automobiles, vans, highway The Orange Cliffs Special Mixed Use) as the selected alternative. motorcycles (including a dual-sports Management Unit is located in the The FEIS and the ROD have superseded motorcycle licensed for use on a northeast portion of the recreation area. all previous ORV management plans for highway), sport utility vehicles (SUVs), This Unit adjoins Canyonlands National the recreation area. recreational vehicles (RVs), pickup Park, is similar in physiography, and A detailed history of prior NPS trucks, and buses are examples of has many of the same management management of on- and off-road vehicle conventional motor vehicles. issues as the Canyonlands Maze District. use can be found in the FEIS, which can • OHV means any motor vehicle— The Canyonlands National Park and be viewed together with the ROD at excluding snowmobiles and Orange Cliffs Unit of Glen Canyon https://parkplanning.nps.gov/glca- hovercraft—that is designed primarily National Recreation Area Backcountry orvplan by clicking on the link entitled for off-road travel and is not licensed Management Plan (NPS 1995) and the ‘‘Document List’’. The FEIS analyzes the and registered for interstate travel. ATVs accompanying environmental issues and environmental impacts of (excluding street legal ATVs, as defined assessment (NPS 1993) consist of an five alternatives for the management of below), dirt bikes, sand rails, side-by- inter-park management plan developed on- and off-road motor vehicle use in sides, and dune buggies are examples of to increase consistency and protection the recreation area. Major issues OHVs. for visitors to both the Maze District of analyzed in the FEIS include social and • Canyonlands and the Orange Cliffs in economic issues, human health and Street-legal ATV means an ATV Glen Canyon. The backcountry safety, wildlife, natural soundscapes, that qualifies under Arizona or Utah management plan was predicated on the wilderness, and visitor use and motor vehicle and traffic code to be GMP, which states that the Orange Cliffs experience. Impacts associated with operated on state roads and highways. Special Management Unit is to be each of the alternatives are described in Under current Arizona and Utah law, ‘‘maintained as a critical backdrop for the FEIS. dune buggies, sand rails, go-karts, and Canyonlands National Park and as a rock crawlers cannot be licensed as Final Rule major vantage point for spectacular street legal. views into the park.’’ The Orange Cliffs This rule establishes a special Under these definitions, conventional Special Management Unit is managed regulation pursuant to 36 CFR 4.10(b) to motor vehicles do not include OHVs or ‘‘to maintain a relatively primitive, manage ORV use in the recreation area. street-legal ATVs. The rule allows undeveloped atmosphere’’ and to The rule implements the selected certain types of ORVs (conventional provide ‘‘year-round access to Panorama alternative (Alternative E: Mixed Use) motor vehicles, OHVs, or street-legal Point’’ (NPS 1979). for the recreation area identified in the ATVs) to operate in designated ORV ROD. The selected alternative provides areas, on designated ORV routes, and on Off-Road Vehicle Management Plan/ the largest range of experiences for Final Environmental Impact Statement paved and unpaved roads identified in visitors and enhances experiences of the GMP. The NPS has been managing ORV use different user groups, such as motor in the recreation area for several vehicle users and those who seek a more Adoption of Non-Conflicting State decades. Although the NPS had primitive camping experience. The Motor Vehicle Laws implemented ORV management plans selected alternative is designed to for various parts of the recreation area protect resources while enhancing the Existing NPS regulations at 36 CFR in 1981 (for Lone Rock Beach) and 1988 visitor experience by identifying and 4.2 adopt state traffic and vehicle laws (for 20 accessible shoreline areas on designating specific areas capable of to manage the use of motor vehicles Lake Powell), past planning efforts did ORV use while prohibiting ORV use in within NPS-administered areas, unless not comply with the NPS regulation at areas where resources and values may specifically addressed by NPS 36 CFR 4.10 that requires a special be at risk. regulations. The rule implements regulation to designate routes and areas specific regulations governing the use of for ORV use. In 2005, the NPS was Types of Motor Vehicles ORVs in the recreation area, and allows challenged in federal court over its In order to effectively manage the use the superintendent to impose additional compliance with Executive Orders of motor vehicles in the recreation area, closures, restrictions, or conditions to 11644 and 11989, and 36 CFR 4.10(b) the rule creates definitions to resolve visitor safety or resource (Friends of the Earth, Bluewater distinguish among a range of vehicle protection concerns that are not Network Division v. United States types. Under Executive Order 11644, an addressed by state law. All other issues Department of the Interior, Case 1:05-cv- ORV means any motor vehicle designed (e.g. license, registration, vehicle 02302–RCL). Under the terms of the for or capable of cross-country travel on requirements, inspection, insurance) 2008 settlement agreement between the or immediately over natural terrain. related to the use of motor vehicles in parties to that litigation, the NPS Under this broad definition, an ORV the recreation area will continue to be prepared an Off-Road Vehicle may be a truck, an all-terrain vehicle governed by the adopted laws and

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regulations of Arizona or Utah.1 will be valid for one calendar year from Rock Beach and Lone Rock Play Area, Operators of conventional motor the date of issuance; shorter term 21 miles of ORV routes in Ferry Swale, vehicles, OHVs, and street-legal ATVs permits will also be available and valid and 14 accessible shoreline ORV areas. will continue to be responsible for from the date of issuance for the stated One of the 13 shoreline areas identified complying with all applicable Utah and duration of the permit. in the interim ORV plans will be closed Arizona statutes and regulations Permit applications (NPS Form 10– (Warm Creek) and two new shoreline pertaining to the lawful operation of 933, ‘‘Application for Special Use areas will be opened (Nokai Canyon and those vehicles. This rule allows OHVs to Permit—Vehicle/Watercraft Use’’) will Paiute Farms). The rule contains operate on most unpaved GMP roads. be available on the recreation area’s management prescriptions for each Because OHVs are not licensed or website and at headquarters (691 Scenic location, including seasons when ORVs registered for operation on roads in Utah View Drive, Page, AZ 86040), recreation are allowed, speed limits, quiet hours, and Arizona in the same manner as area visitor centers, and at other and the types of ORVs that are allowed. street-legal ATVs or conventional motor locations designated by the These locations will be identified on vehicles, they are not subject to state superintendent to facilitate compliance maps located at headquarters (691 licensing, registration, insurance, and with the program and for the Scenic View Drive, Page, AZ 86040), equipment requirements that apply to convenience of the visitor. The permit visitor contact stations, and on the street-legal vehicles when operated on and decal will be issued after the recreation area’s website. Certain GMP roads. Operators of OHVs on GMP applicant reads educational materials locations within some designated ORV roads must comply, however, with all and acknowledges that he or she has areas are designated as vehicle-free applicable state and federal traffic read, understood, and agrees to abide by zones to provide a different camping requirements (e.g., speed limits, rules of the rules governing ORV use in the experience for those who prefer to be the road) that apply to street-legal recreation area and the terms and separated from motor vehicle use. All vehicles. The FEIS lists OHV operator conditions of the permit. Visitors will be locations designated for ORV use will be and vehicle requirements for Arizona able to submit permit applications posted with appropriate signs that and Utah, as of January 13, 2017. These online through the recreation area’s include applicable rules and requirements are subject to change and website; through the mail to the regulations. The lakeside boundary of the FEIS may not include all following address: Glen Canyon accessible shoreline areas that are requirements. National Recreation Area, P.O. Box designated for ORV use will fluctuate 1507, Page, AZ 86040–1507; or in with the level of Lake Powell, but the Permit Program person at headquarters or an entrance remaining (land-side) boundary of such The rule requires a special use permit station. After the NPS processes areas will remain fixed. completed permit applications, it will to operate a motor vehicle off GMP Operational and Vehicle Requirements roads in the recreation area. The permit mail or provide in person a permit to requirement will not begin until 90 days the applicant with instructions and To provide for the safety of ORV after the effective date of the rule. This educational materials, including a decal operators at the Lone Rock Beach Play will give the NPS sufficient time to use to be affixed to each permitted ORV. Area, the rule requires the display of a public outreach and education to help Violating the terms or conditions of any solid red or orange safety flag that is a establish the details of the permit permit will be prohibited and may minimum of six by 12 inches in size and result in the suspension or revocation of that is attached to either: program so that NPS staff and visitors • are prepared for its implementation. the permit and the denial of future The ORV so that the safety flag is Permits will be required for all permits. at least eight feet above the surface level To the extent practicable, the NPS designated ORV locations except for of the ground, or intends to recover the costs of • designated routes in Middle Moody The protective headgear of the administering this permit program Canyon, East Gypsum Canyon, Imperial operator of a motorcycle or dirt bike so under 54 U.S.C. 103104 (Recovery of Valley, and Gunsight Springs. The NPS that the safety flag is at least 18 inches costs associated with special use will issue a decal with each permit that above the top of the operator’s head. permits). In order to obtain a special use To reduce the degree and geographic must be affixed to each vehicle in a permit to operate a motor vehicle off extent of impacts from vehicle noise on manner and location determined by the roads in the recreational area, the NPS soundscapes in the recreation area, the superintendent. Decals will be required may require operators to pay a fee to rule implements a 96 dBA noise limit for each ORV operating in a designated allow the NPS to recover these costs. on all vehicles. Noise level will be ORV area or on a designated ORV route The NPS may also offset costs with measured by NPS staff using the SAE in the recreation area where a permit is revenues from fees collected under the J1287 standard. Enforcement of this required. Families will be able submit a Federal Lands Recreation Enhancement standard may include courtesy checks, single application for permits for Act (16 U.S.C. 6801–6814). The NPS checkpoints, and individual contacts. multiple vehicles that are registered to will develop the details about fee Measurements will be taken using members of that family. Annual permits collection during the 90-day delayed certified equipment and protocols as is 1 The NPS adopts non-conflicting state traffic and implementation period for the permit done with traffic radar. The rule vehicle laws. See 36 CFR 4.2. This includes state requirement. This will be a transparent requires motor vehicles to have a requirements that apply to ORVs. The responses to process involving the public so that all functioning muffler system. These public comments 4 and 6 discuss the interplay stakeholders understand how the NPS requirements are in addition to state between this rule and state law. This rule imposes one requirement that is not present under current will use fees to offset the costs of motor vehicle and operator Utah law—that motor vehicles must not exceed 96 administering the permit program. requirements that are adopted by 36 dBA at the tailpipe. This limit is consistent with CFR 4.2. industry recommendations (all vehicles are Designated ORV Routes and Areas currently manufactured to meet that limit), the laws The rule prohibits ORV use other than Travel on GMP Roads of several states including Arizona, Colorado and California, and requirements on U.S. Forest Service on GMP roads in the recreation area, The rule will continue to allow lands that adopt those state noise emission except on NPS-designated ORV routes conventional motor vehicles on all standards (see 36 CFR 261.15(d)). and areas. The rule designates Lone paved and unpaved GMP roads in the

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recreation area. Street-legal ATVs are addressed in this final rule because they SUPPLEMENTARY INFORMATION section of allowed to operate on paved GMP roads raise environmental issues that were the proposed rule and in the FEIS. except for roads in the Lees Ferry already considered by the NPS in the 9. The NPS added a requirement that Developed Area, including the Lees NEPA process. The NPS evaluated the OHV operators under the age of 18 wear Ferry Access Road. OHVs and street- environmental impacts of each a helmet. This requirement was stated legal ATVs are allowed to operate on alternative in the FEIS and explained in the FEIS. most unpaved GMP roads. OHVs and the reasons for selecting Alternative E: 10. In addition to annual permits, the street-legal ATVs are allowed on Mixed Use in the ROD. The NPS did not proposed rule stated that the NPS would approximately 8 miles of the Poison identify any new significant issue two-week permits valid from the Spring Loop in the Orange Cliffs Special environmental issues in the public date of issuance. Instead of specifying Management Unit. The Superintendent comments on the proposed rule. two weeks, the final rule says the NPS may allow OHVs and street-legal ATVs After considering public comments will make shorter term permits on the upper portion of the Flint Trail and after additional review, the NPS available. This will give the NPS (another unpaved GMP road), subject to made the following changes in the final flexibility to determine the duration of further evaluation and compliance with rule. No other substantive changes were shorter-term permits based upon the applicable laws (as explained below). made in the final rule. conditions at the recreation area and OHVs and street-legal ATVs are 1. The NPS clarified the definitions of experience from implementation of the prohibited on all other unpaved GMP ‘‘GMP road’’ (by stating that there are no ORV permit program. roads in the Orange Cliffs Special park roads in the recreation area other 11. The NPS clarified that motor Management Unit. The speed limit on than GMP roads), ‘‘off-highway vehicle’’ vehicles may be used in designated ORV unpaved GMP roads is 25 mph or as (by stating that OHVs are by definition areas during quiet areas for purposes of posted. The speed limits on paved GMP not licensed and registered for interstate entering or exiting a campsite. roads will not change and will remain travel), and ‘‘Street-legal all-terrain 12. The NPS added a statement in the as currently posted. GMP roads will be vehicle (ATV)’’ (by stating that these final rule that the Superintendent may designated and posted with road vehicles by definition must qualify determine whether to allow street-legal numbers. Signs will indicate the status under Arizona or Utah motor vehicle ATVs or OHVs on the upper portion of of a road segment as open or closed to traffic code to operate on state roads and the Flint Trail within the Orange Cliffs OHV and street-legal ATV use and will highways). Special Management Unit. The NPS delineate the designated travel routes. 2. The NPS clarified the requirement explains this change below in the Signs indicating that a GMP road is that vehicles be equipped at all times response to Comment 2. closed to OHVs or street-legal ATVs will with noise suppression devices, 13. The NPS inserted language remain in place or will be posted as including a working exhaust muffler in needed. delaying implementation of the permit constant operation. requirement until 90 days after the Superintendent’s Discretionary 3. The NPS changed certain effective date of the rule. This will allow Authority management prescriptions in Table 1 to the NPS to work with the public to Independent from the authority in 36 § 7.70(f)(3)(ii) to reflect that street-legal develop the permit program (including CFR 1.5, the rule allows the ATVs are allowed in eight shoreline a fee structure to offset administrative superintendent to close or reopen areas (Blue Notch, Bullfrog North and costs) so that visitors to the recreation designated areas or routes to motor South Crosby Canyon Dirty Devil, area are prepared for its vehicle use, or impose conditions or Farley Canyon, Red Canyon, Stanton implementation. Creek, and White Canyon) from March restrictions on the use of off-road motor Travel on GMP Roads vehicles after taking into consideration 2–October 31. These are the dates public health and safety, natural and identified in the FEIS and ROD. 1. Comment: Several commenters cultural resource protection, lake levels, 4. The NPS changed the column disagreed with the proposal to allow and other management activities and headings in Table 2 to § 7.70(f)(4)(i) for conventional motor vehicles on objectives. The superintendent must ease of reading and to reflect that there unpaved GMP roads in the Orange Cliffs provide public notice of all such actions are no paved roads within the Orange Special Management Unit. These through one or more of the methods Cliffs Special Management Unit. commenters stated that conventional listed in 36 CFR 1.7. 5. The NPS clarified that the 8-mile motor vehicles are not designed to travel portion of the Poison Spring Loop on roads in this area and that Summary of Public Comments where street-legal ATVs and OHVs are modifications needed to make the roads The NPS published a proposed rule in allowed is located on Route 633 passable for them would degrade the the Federal Register on February 28, proceeding north to Route 730. GMP requirement to maintain a 2018 (83 FR 8640). The NPS accepted 6. The NPS removed references to primitive and undeveloped atmosphere comments on the rule through the mail, ‘‘posted’’ quiet hours in paragraphs in the Unit. These commenters stated by hand delivery, and through the (f)(5)(vi) and (v) to avoid an that allowing conventional motor Federal eRulemaking Portal at interpretation that quiet hours must be vehicles on these unpaved roads would www.regulations.gov. The comment posted in order for them to be substantially increase the burden of period closed on April 30, 2018. A enforceable. maintaining the roads so that they can summary of the pertinent issues raised 7. The NPS added references to ‘‘dirt be used safely. If the roads are not in the comments and NPS responses are bikes’’ to clarify that the requirement to upgraded and maintained, these provided below. Many comments on the display a safety flag on the headgear of commenters stated that conventional proposed rule addressed the NPS’s a motorcycle operator also applies to the motor vehicles would not be able to evaluation of the environmental impacts operator of a dirt bike. travel these roads safely and access of the preferred and other alternatives in 8. The NPS added a 25 mph speed popular locations within the Unit, such the FEIS. Other comments addressed the limit (unless otherwise posted) for the as Panorama Point. These commenters range of alternatives considered in the use of unpaved GMP roads. The NPS stated that this outcome would increase FEIS. These comments are not referred to this speed limit in the the cost of search and rescue activities

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

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conventional motor vehicles, they are nonconflicting state traffic laws under Corral on the way to Kelly Grade and not subject to state licensing, 36 CFR 4.2. The NPS defers to the Smoky Mountain. This commenter registration, insurance, and equipment expertise of state authorities regarding stated that staging at Big Water is more requirements that apply to street-legal traffic laws, licensing, and equipment convenient than trailering ATVs 11 vehicles when operated on GMP roads. requirements that the state authorities miles down the road to Cowboy Corral. Operators of OHVs on GMP roads must consider necessary to ensure the safe This commenter also suggested opening comply, however, with all applicable operation of street-legal ATVs alongside Crosby Canyon to OHVs because it is state and federal traffic requirements conventional motor vehicles on paved often washed out and impassible for (e.g., speed limits, rules of the road) that GMP roads. conventional motor vehicles. apply to street-legal ATVs and NPS Response: Conventional motor Designated ORV Routes and Areas conventional motor vehicles. 36 CFR vehicles, street-legal ATVs, and OHVs 4.2; ARS 28–621; Utah Code 41–22.10.6. 7. Comment: One commenter are allowed on Warm Creek Road. As a Operators of OHVs must also comply requested that OHVs be allowed in result, OHV and street-legal ATVs users with state laws that govern the use of Farley Canyon and Blue Notch because may stage at Big Water and are not OHVs that are not considered street- they are low-use areas and would required to trailer to Cowboy Corral. legal. In Utah, OHV operators over the provide an opportunity for OHV users to OHVs and street-legal ATVs are age of 16 must possess a valid state access the water as a side trip when allowed on Crosby Canyon Road to the driver’s license or education certificate using nearby trail systems in San Juan end of the GMP road. Street-legal ATVs and operators ages 8–15 must possess an County. may access the shoreline at Crosby education certificate. Utah Code Ann. NPS Response: Farley Canyon and Canyon from March 2–October 31. The 41–22–30. Arizona requires operators of Blue Notch are geographically removed purpose of the accessible shoreline areas any vehicle on any road open to 2-wheel from developed areas within the is to provide point-to-point travel from drive conventional motor vehicles to recreation area and provide visitors with the end of the GMP road to the shoreline have a driver’s license. ARS 28–3151. an opportunity for a more quiet and of Lake Powell when lake levels are This requirement applies within the secluded experience. The FEIS below the end of the GMP roads. These recreation area because GMP roads are identifies 20 dBA as the level of ambient areas are not intended to be ORV play open to 2-wheel drive conventional sound at the recreation area. Noise from areas. During the open season, street- motor vehicles. Unpaved GMP roads OHVs and street-legal ATVs increases legal ATVs may choose a point-to-point where 4-wheel drive is recommended, ambient sound to 23 dBA at 8,020 feet route in the accessible shoreline areas to but not required, are located in Utah. from the noise source. Conventional avoid locations that may be impassible The FEIS analyzed the safety of OHV motor vehicle noise levels drop to by conventional motor vehicles. use on unpaved GMP roads and ambient sound levels (20 dBA) only 10. Comment: One commenter determined that there could be an 2,900 feet from the noise source. This identified several trails in the Bullfrog increased risk of accidents. Adverse rule allows street-legal ATVs at Farley shoreline area (three Ticaboo Mesa impacts to safety are not expected to be Canyon and Blue Notch from March 2— Overlook routes, and two routes leading significant, however, because of several October 31. OHVs are not allowed in out from the Bullfrog South actions the NPS is taking to mitigate these locations at any time during the Campground) and encouraged NPS to safety risks. The NPS is reducing the year. These restrictions will reduce designate them as ORV routes, open to speed limit on unpaved GMP roads to noise impacts by lowering the number OHVs year-round. 25 mph (unless otherwise posted) for all of non-conventional motor vehicles in This commenter stated that the vehicle types and is requiring all OHV the area during certain times of the year overlook routes would allow land-based operators under the age of 18 to wear a and by eliminating noise from non- visitors to better appreciate the stunning helmet. The NPS will also require OHV conventional motor vehicles at other scenery of the recreation area, while users to complete an educational times. This will help maintain a more also granting simpler access to visitors component about operational safety quiet and secluded experience for who desire to canyoneer and hike along prior to obtaining an ORV permit from visitors. the rim of the canyons. This commenter the NPS. 8. Comment: Several commenters stated that the routes from the 5. Comment: Several commenters requested that the NPS designate a campground are important because they rejected the NPS’s authority to restrict historic route in the Rincon Area create a non-paved connection to the travel on roads to which the State of leading to Lake Powell as open to motor routes north of Bullfrog, allowing Utah has a claim under Revised Statute vehicles. These commenters stated that visitors to experience hundreds of miles 2477 (RS 2477), including the Burr Trail this route has a precedent of motor of routes which lay just outside of the Road and Flint Trail/Roost Road. vehicle use and is identified on several recreation area. NPS Response: Claims by the State of area maps as the only method of NPS Response: This rule does not Utah under RS 2477 within the accessing the lake from the Hole in the designate additional ORV routes near recreation area, including the Burr Trail Rock trail. the Bullfrog North and South accessible Road and Flint Trail/Roost Road, have NPS Response: The Rincon Road is shoreline area because conventional not been adjudicated. The NPS will located within a proposed wilderness motor vehicles, OHVs, and street-legal evaluate the legal effects of any future area. The Wilderness Act prohibits the ATVs may access the shoreline area on court decisions regarding RS 2477 use of motor vehicles in wilderness the unpaved GMP road which leads claims at the appropriate time. areas. 16 U.S.C. 1133(c). The NPS from adjacent BLM lands and connects 6. Comment: One commenter objected manages proposed wilderness areas in a to BLM roads and routes. This GMP to the proposal to allow street-legal manner that preserves the wilderness road also connects to the Bullfrog North ATVs on paved GMP roads, stating that character and will not diminish the and South Campgrounds. Designating mixing street-legal ATVs with eligibility of such areas for designation. GMP roads as the primary means of conventional motor vehicles will 9. Comment: One commenter accessing shoreline destinations, points increase traffic injuries and fatalities. suggested that all motor vehicles should of interest, and ORV routes and roads on NPS Response: Street-legal ATV use be allowed on Warm Creek Road adjacent lands allows the NPS to restore on GMP roads is subject to between Big Water and the Cowboy duplicative and social routes that are

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neither GMP roads nor designated ORV development of the FEIS. The NPS sent the permit requirement that will begin routes. ORV routes and areas outside the letters to the counties with information 90 days after the effective date of the recreation area may be accessed from about the plan and held public open rule. Fee amounts will be based on the other non-NPS lands which are not houses and cooperating agency meetings costs that are incurred by the NPS for affected by this rule. throughout the process. At the request the administration of the program. The of the counties, the NPS extended the NPS does not expect the permitting Accessibility for Certain Groups of deadline to review and comment on the system to recover the full costs People DEIS twice. The NPS considered the associated with managing an ORV 11. Comment: One commenter stated recommendations of the state and local program. that seniors, individuals with governments when drafting this rule 14. Comment: Several commenters disabilities, and veterans should be and incorporated some of those supported the establishment of a permit exempt from the rule. Another recommendations. The NPS removed program conditioned upon how commenter suggested that if the purpose permit requirements on two small ORV revenues are utilized. One commenter of allowing OHVs and street-legal ATVs route segments in San Juan County. The advocated funds be invested in on unpaved GMP roads is to allow NPS conducted site visits with the enhanced OHV opportunities and road ‘‘traditionally associated people’’ to counties to the Orange Cliffs Special improvements, another commenter conduct cultural activities, then the NPS Management Unit that resulted in the recommended hiring rangers to repair should allow these activities to continue decision to allow OHVs on 8 miles of areas damaged from increased use, and under a special use permit or the Poison Spring Loop where OHVs more than one commenter requested the memorandum of understanding, rather had been prohibited. These are only two NPS hire additional law enforcement than opening unpaved GMP roads to examples of changes made to the FEIS officers. OHV and street-legal ATV use by the and the rule as a result of input received NPS Response: The NPS will use fees general public. from the counties. In addition, based to recover costs from administering the NPS Response: The NPS welcomes upon public comments on the proposed ORV program. Fee revenue could be visitors of all ages to the recreation area, rule, the NPS intends to further evaluate used to maintain facilities at ORV areas, including seniors, individuals with the use of street-legal ATVs and OHVs recover personnel costs associated with disabilities, and military veterans. This on the upper portion of the Flint Trail. enforcing ORV rules, or to monitor and rule allows these groups to use motor Collectively, these actions demonstrate restore resources in ORV areas. The NPS vehicles within the recreation area in that the NPS considered input from will spend fee revenues on a case-by- the same manner as other visitors. The state and local governments and did not case basis given the particular NPS does not believe any groups should disregard any particular viewpoint on management priorities at that time. The be exempt from rules that are designed the FEIS or the proposed rule. NPS will share more information about to provide a variety of recreational the fee structure during the 90-day Permit Program opportunities while at the same time delayed implementation period prior to helping to maintain visitor safety and 13. Comment: One commenter the start of the permit requirement. protect resources. supported the NPS recovering all of the A primary purpose of this rule is to costs of administering the ORV permit Motor Vehicle Requirements provide a variety of recreational program, including costs for start-up, 15. Comment: One commenter asked opportunities to all types of visitors to monitoring, education, partnerships, the NPS to prohibit the use of vehicles the recreation area. Allowing OHVs and and permit administration. This with electric motors due to the risk of street-legal ATVs on unpaved GMP commenter requested that the NPS fire. roads allows access to different disclose the expected permit fee and NPS Response: The NPS has not locations within the recreation area for demonstrate how fee revenues will identified a risk of fire from electric activities such as sightseeing, fishing, offset the costs of administering the engines that is greater than the risk of canyoneering, and hiking. A special use program. Another commenter objected fire from traditional combustion permit or memorandum of to the permit fee requirement. engines. understanding that addresses particular NPS Response: The NPS will use a 16. Comment: Several commenters groups and specific activities would not permit fee to recover costs associated questioned the basis for implementing a be appropriate for a management action with administering the ORV program. 96 dBA noise limit (using the SAE J1287 that is intended to provide The fee will be used to offset the costs test standard) instead of using the opportunities for access and recreation of permit processing, education, standard that applies to motor vehicles to all members of the visiting public. resource protection, and law in other NPS units. This other standard enforcement activities related to the is set forth in 36 CFR 2.12, which Coordination With State and Local ORV program. Appendix B of the FEIS prohibits operating a motor vehicle in a Governments identifies expected business and manner that exceeds 60 decibels 12. Comment: Several commenters administrative costs that the NPS would measured on the A-weighted scale at 50 stated that the NPS created an incur by implementing the selected feet. One commenter stated that the 96 adversarial relationship and failed in its action in the ROD. These include the dBA standard would diminish the duty to coordinate with state and local costs of administering the ORV permit experience of non-motorized visitors governments in the development of the program. The NPS is allowed by law to and potentially cause hearing damage. proposed rule. Specifically, these recover all costs of providing necessary NPS Response: Special regulations commenters suggested that the NPS services associated with permits. 54 may relax a System-wide standard disregarded their viewpoint that favored U.S.C. 103104. The NPS may also offset where appropriate for the uses and motorized recreation within the some of the costs of administering the resources in a specific System unit. 36 recreation area. permit program with revenues from fees CFR 1.2(c). The 96 dBA noise limit is an NPS Response: The NPS valued the collected under the Federal Lands established industry standard with a cooperating agency relationship it Recreation Enhancement Act (16 U.S.C. well-defined measuring protocol (SAE shared with Kane, Garfield, San Juan, 6801–6814). The NPS will announce the J1287) and is a practicable limit that has and Wayne Counties during the amount of the fees prior to the start of been used by other NPS units with

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similar resource concerns, including than that emitted by the motor vehicle with the atmosphere of peace and Lake Meredith National Recreation as originally constructed. tranquility or the natural soundscape Area. This limit is used by the State of NPS Response: The practical maintained in natural locations within California for their ORV programs and is application of the decibel restriction the recreation area. Therefore, within consistent with OHV noise limits in will result in the inability to modify the context of the resources and values Arizona. ARS 28–1179(A)(3). The 96- most street-legal ATVs, OHVs, and of the recreation area, motor vehicle use dBA limit is consistent with conventional motor vehicles and still on the routes and areas designated by requirements set by federal and state meet that restriction. The NPS is not this rule will not cause an unacceptable agencies that manage lands adjacent to concerned with the modification of impact to the natural, aesthetic, or the recreation area, including the United vehicles that increase total noise scenic values of the recreation area. The States Forest Service. Adopting this emissions as long as they remain below Executive Order does not prohibit the standard for the recreation area will the 96 dBA limit. NPS from managing categories of ‘‘off- avoid regulations that are inconsistent road vehicles’’ differently in order to Compliance With Other Laws, or incompatible across jurisdictional best protect park resources and values. Executive Orders, and Department boundaries. As identified in the FEIS, The selected alternative in the ROD, as Policy only 36.5% of the recreation area will be implemented by this rule, does this by impacted by noise related to ORV Use of Off-Road Vehicles on the Public distinguishing between conventional activity. This leaves ample Lands (Executive Orders 11644 and motor vehicles, OHVs, and street-legal opportunities for visitors to have an 11989) ATVs, all of which fall under the experience free from noise from OHVs Executive Order 11644, as amended definition of ‘‘off-road vehicle’’ in the and street-legal ATVs and to avoid areas by Executive Order 11989, was adopted Executive Order. where they may have concerns about to address impacts on public lands from Section 8(a) of the Executive Order hearing damage. In addition, several of ORV use. The Executive Order applies requires agency heads to monitor the the accessible shoreline areas will be to ORV use on federal public lands that effects of ORV use on lands under their closed seasonally to OHVs and street- is not authorized under a valid lease, jurisdictions. On the basis of legal ATVs. permit, contract, or license. Section information gathered, agency heads may 17. Comment: One commenter 3(a)(4) of Executive Order 11644 from time to time amend or rescind objected to using the SAE J1287 test provides that ORV ‘‘[a]reas and trails designations of areas or other actions as standard, which measures vehicle shall be located in areas of the National necessary to further the policy of the exhaust noise at 20 inches from the Park System, Natural Areas, or National Executive Order. The preferred exhaust of a stationary vehicle operating Wildlife Refuges and Game Ranges only alternative in the FEIS includes at half throttle. This commenter stated if the respective agency head determines monitoring and resource protection that this test will not capture the actual that off-road vehicle use in such procedures and periodic review to noise of motor vehicles in use at the locations will not adversely affect their provide for the ongoing evaluation of recreation area, the majority of which natural, aesthetic, or scenic values.’’ impacts of motor vehicle use on will be operated above half-throttle, Since the Executive Order clearly was protected resources. The superintendent generating more than 96 dBA of noise. not intended to prohibit all ORV use has authority to take appropriate action One commenter stated that the SAE everywhere in these units, the term as needed to protect the resources of the J1287 test will be difficult to implement ‘‘adversely affect’’ does not have the recreation area. in the field due to variable conditions, same meaning as the somewhat similar Regulatory Planning and Review making the 96 dBA noise requirement terms ‘‘adverse impact’’ and ‘‘adverse (Executive Orders 12866 and 13563) difficult to enforce, even if law effect’’ used in the National enforcement officers are properly Environmental Policy Act of 1969 Executive Order 12866 provides that trained and equipped with noise (NEPA). In analyses under NEPA, a the Office of Information and Regulatory monitoring equipment. procedural statute that provides for the Affairs (OIRA) in the Office of NPS Response: SAE J1287 should be study of environmental impacts, the Management and Budget will review all adequate to assess the volume of the term ‘‘adverse effect’’ includes minor or significant rules. OIRA has determined primary noise source. SAE J1287 is a negligible effects. that this rule is not significant. well-defined measurement protocol and Section 3(a)(4) of the Executive Order, Executive Order 13563 reaffirms the is widely used to enforce noise by contrast, concerns substantive principles of Executive Order 12866 regulations in many jurisdictions. Close management decisions and must be read while calling for improvements in the (short distance) measurement of in the context of the authorities nation’s regulatory system to promote stationary vehicle noise is applicable to such decisions. Glen predictability, to reduce uncertainty, recommended for the safety of law Canyon National Recreation Area is an and to use the best, most innovative, enforcement officers, which allows area of the National Park System. and least burdensome tools for them to give instructions to the vehicle Therefore, NPS interprets the Executive achieving regulatory ends. The operator and measure noise output Order term ‘‘adversely affect’’ consistent Executive Order directs agencies to while maintaining detainment or arrest with its NPS Management Policies 2006. consider regulatory approaches that of a suspect. Close measurements also Those policies require that the NPS only reduce burdens and maintain flexibility allow law enforcement officers to allow ‘‘appropriate use’’ of parks and and freedom of choice for the public measure noise without needing to move avoid ‘‘unacceptable impacts.’’ where these approaches are relevant, into undisturbed areas to collect noise This rule is consistent with those feasible, and consistent with regulatory from a distance. requirements. It will not impede objectives. Executive Order 13563 18. Comment: One commenter attainment of the recreation area’s emphasizes further that regulations suggested that the NPS prohibit the desired future conditions for natural must be based on the best available modification of a vehicle in any manner and cultural resources as identified in science and that the rulemaking process that will amplify and otherwise increase the FEIS. NPS has determined that this must allow for public participation and total noise emissions to a level greater rule will not unreasonably interfere an open exchange of ideas. We have

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developed this rule in a manner investment, productivity, innovation, or recognition of their right to self- consistent with these requirements. the ability of U.S. based enterprises to governance and tribal sovereignty. We compete with foreign-based enterprises. have evaluated this rule under the Reducing Regulation and Controlling criteria in Executive Order 13175 and Regulatory Costs (Executive Order Unfunded Mandates Reform Act under the Department’s consultation 13771) (UMRA) policy and have determined that tribal Enabling regulations are considered This rule does not impose an consultation on the rule is not required deregulatory under guidance unfunded mandate on state, local, or because the rule will have no implementing Executive Order 13771 tribal governments or the private sector substantial direct effect on federally (M–17–21). This rule authorizes the of more than $100 million per year. The recognized Indian tribes. In support of Superintendent to allow a recreational rule does not have a significant or the Department of Interior and NPS activity for the public to enjoy and unique effect on state, local or tribal commitment for government-to- experience certain areas within the governments or the private sector. The government consultation with the 19 National Park System that would designated ORV routes and areas are Native American tribes and bands otherwise be prohibited. located entirely within the recreation associated with the recreation area, area, and will not result in direct however, and as a reflection of the Regulatory Flexibility Act (RFA) expenditure by state, local, or tribal shared boundary of the recreation area The agency certifies that this rule will governments. This rule addresses public and the Navajo Nation, the NPS has not have a significant economic impact use of NPS lands, and imposes no engaged in a continuing process of on a substantial number of small entities requirements on other agencies or consultation with these tribes and under the RFA (5 U.S.C. 601 et seq.). governments. A statement containing bands. This consultation has taken the This certification is based on the cost- the information required by the UMRA form of correspondence, phone benefit and regulatory flexibility (2 U.S.C. 1531 et seq.) is not required. conversations, and meetings during the analyses found in the report entitled preparation of the FEIS. ‘‘Cost-Benefit and Regulatory Flexibility Takings (Executive Order 12630) Analyses: Special Regulations of Off- This rule does not effect a taking of Paperwork Reduction Act (PRA) Road Motor Vehicles at Glen Canyon private property or otherwise have This rule does not contain any new National Recreation Area’’ that can be taking implications under Executive collections of information that require viewed online at on Order 12630. Access to private property approval by the Office of Management www.regulations.gov in Docket ID: NPS– adjacent to the recreation area will not and Budget (OMB) under the PRA. OMB 2018–0001. As stated in the Regulatory be affected by this rule. A takings has approved the information collection Flexibility Analysis section of the implication assessment is not required. requirements associated with NPS Form report, the FEIS and rule were 10–933, ‘‘Application for Special Park developed to maintain a diversity of Federalism (Executive Order 13132) Use Permit–Vehicle/Watercraft Use’’ recreational opportunities throughout Under the criteria in section 1 of and has assigned OMB Control Number the recreation area. Several small Executive Order 13132, this rule does 1024–0026 (expires 11/30/20 and in businesses catering to non-motorized not have sufficient federalism accordance with 5 CFR 1320.10, the recreational opportunities currently implications to warrant the preparation agency may continue to conduct or operate in the Orange Cliffs Unit. of a Federalism summary impact sponsor this collection of information Because the majority of the Orange statement. The rule is limited in effect while the submission is pending at Cliffs Unit will remain closed to ORVs, to federal lands managed by the NPS OMB). We estimate the annual burden impacts to these businesses are not and will not have a substantial direct associated with Forms 10–933 under anticipated. Similarly, the NPS does not effect on state and local government. A this information collection to be 12,998 anticipate impacts to small businesses Federalism summary impact statement hours per year. An agency may not in other areas of the recreation area due is not required. conduct or sponsor and a person is not required to respond to a collection of to the incremental nature of the changes Civil Justice Reform (Executive Order information unless it displays a to baseline conditions in those 12988) locations. Given these findings, the NPS currently valid OMB control number. certifies that there will not be a This rule complies with the National Environmental Policy Act of significant economic impact on a requirements of E.O. 12988. 1969 (NEPA) substantial number of small entities. Specifically, this rule: The certification made by the NPS (a) Meets the criteria of section 3(a) This rule constitutes a major Federal under the RFA also relies on the requiring that all regulations be action significantly affecting the quality associated cost-benefit analysis, which reviewed to eliminate errors and of the human environment. We have concludes that the rule will likely ambiguity and be written to minimize prepared the FEIS and ROD under the generate positive net benefits. litigation; and NEPA. The FEIS and ROD are available (b) Meets the criteria of section 3(b)(2) online at http://parkplanning.nps.gov/ Congressional Review Act (CRA) requiring that all regulations be written glca-orvplan, and then clicking on the This rule is not a major rule under 5 in clear language and contain clear legal link entitled ‘‘Document List’’. standards. U.S.C. 804(2), the CRA. This rule: Effects on the Energy Supply (Executive (a) Does not have an annual effect on Consultation With Indian Tribes Order 13211) the economy of $100 million or more. (b) Will not cause a major increase in (Executive Order 13175 and This rule is not a significant energy costs or prices for consumers, Department Policy) action under the definition in Executive individual industries, federal, state, or The Department of the Interior strives Order 13211; the rule is not likely to local government agencies, or to strengthen its government-to- have a significant adverse effect on the geographic regions. government relationship with Indian supply, distribution, or use of energy, (c) Does not have significant adverse Tribes through a commitment to and the rule has not otherwise been effects on competition, employment, consultation with Indian Tribes and designated by the Administrator of

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OIRA as a significant energy action. A trucks, and buses are examples of from the day issued for the stated Statement of Energy Effects is not conventional motor vehicles. duration of the permit. required. GMP road means a paved or unpaved (iv) A permit applicant must park road that is identified in the Glen acknowledge that he or she understands List of Subjects in 36 CFR Part 7 Canyon 1979 General Management Plan and agrees to abide by the rules National Parks, Reporting and as open to motor vehicle travel. There governing off-road vehicle use in the recordkeeping requirements. are no park roads within the recreation recreation area. In consideration of the foregoing, the area other than GMP roads. (v) Each motor vehicle permitted to Off-highway vehicle (OHV) means any NPS amends 36 CFR part 7 as follows: operate off GMP roads must display an motor vehicle designed primarily for NPS decal issued by the superintendent PART 7—SPECIAL REGULATIONS, off-road travel that is not licensed and and affixed to the vehicle in a manner AREAS OF THE NATIONAL PARK registered for interstate travel. ATVs and location specified by the SYSTEM (excluding street legal ATVs, as defined superintendent. below), dirt bikes, sand rails, side-by- (vi) Permits may be requested at ■ 1. The authority citation for part 7 sides, and dune buggies are examples of recreation area headquarters, recreation continues to read as follows: OHVs. area visitor centers, on the recreation Orange Cliffs Special Management area’s website, or at other locations Authority: 54 U.S.C. 100101, 100751, Unit means the area identified as the 320102; Sec. 7.96 also issued under D.C. designated by the superintendent. Orange Cliffs Special Management Unit Code 10–137 and DC Code 50–2201.07. in the Canyonlands National Park and (vii) Violating any term, condition, or ■ 2. In § 7.70, add paragraph (f) to read Orange Cliffs Unit of Glen Canyon requirement of an off-road vehicle as follows: National Recreation Area Backcountry permit is prohibited and may result in Management Plan (NPS 1995). the suspension or revocation of the § 7.70 Glen Canyon National Recreation permit and the denial of future permits, Area. Street-legal all-terrain vehicle (ATV) means an ATV that qualifies under in addition to the penalties provided by * * * * * Arizona or Utah motor vehicle and § 1.3 of this chapter. (f) Motor vehicle use. Operating a traffic code to be operated on state roads (3) Designated off-road motor vehicle motor vehicle is allowed within the and highways. locations. (i) The operation of a motor boundaries of Glen Canyon National (2) Off-road motor vehicle permit vehicle off GMP roads within the Recreation Area under the conditions in requirement. (i) The provisions in this recreation area is prohibited except at this paragraph (f). paragraph (f)(2) are effective beginning the locations designated by this (1) What terms do I need to know? In on April 15, 2021. paragraph (f). Designated locations and addition to the definitions found in § 1.4 (ii) A special use permit issued and vehicle-free zones are identified on of this chapter, the following definitions administered by the superintendent is maps available at the recreation area apply to this paragraph (f) only: required to operate a motor vehicle off headquarters, visitor contact stations, Conventional motor vehicle means GMP roads at designated locations in and on the recreation area’s website. any motor vehicle that is designed the recreation area. Operating a motor (ii) Motor vehicles may be used off primarily for operation on streets and vehicle off GMP roads in the recreation GMP roads at the locations and subject highways, and that is licensed and area without a permit is prohibited to the management prescriptions in registered for interstate travel. except for designated ORV routes that Table 1 to paragraph (f)(3)(ii), except for Automobiles, vans, highway do not require a permit as indicated in vehicle-free zones where off-road motorcycles (including dual-sports Table 1 to paragraph (f)(3)(ii). vehicle use is prohibited. Permit motorcycles licensed for use on a (iii) Annual permits are valid for one requirements in Table 1 to paragraph highway), sport utility vehicles (SUVs), calendar year from the day they are (f)(3)(ii) are effective beginning on April recreational vehicles (RVs), pickup issued. Shorter-term permits are valid 15, 2021.

TABLE 1 TO PARAGRAPH (f)(3)(ii)

Designated area or route for Approximate off-road motor vehicle use 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 pro- tective 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.

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TABLE 1 TO PARAGRAPH (f)(3)(ii)—Continued

Designated area or route for Approximate off-road motor vehicle use size Management prescriptions

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 Trail- 2 miles ...... • Conventional motor vehicles, street-legal ATVs and OHVs allowed year-round. head. • 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 roads is prohibited except as set forth in operation of a motor vehicle on GMP Table 2 to paragraph (f)(4)(i):

TABLE 2 TO PARAGRAPH (f)(4)(i)

Allowed on unpaved GMP Allowed on paved GMP roads outside the Orange Allowed on unpaved GMP roads within the Orange Type of motor vehicle roads Cliffs Special Management Cliffs Special Management Unit Unit

Conventional motor vehicle Yes ...... Yes ...... Yes.

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TABLE 2 TO PARAGRAPH (f)(4)(i)—Continued

Allowed on unpaved GMP Allowed on paved GMP roads outside the Orange Allowed on unpaved GMP roads within the Orange Type of motor vehicle roads Cliffs Special Management Cliffs Special Management Unit Unit

Street-legal ATV ...... Yes (except for the Lees Yes ...... Yes, on Route 633 proceeding north to Route 730, an Ferry Developed Area). 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 Devil, Farley Canyon, Hite Boat Ramp, violations of any such closure, determine whether street-legal ATVs or Neskahi, Nokai Canyon, Paiute Canyon, condition, or restriction. OHVs are allowed on a 15–20 mile Paiute Farms, Red Canyon, Stanton George Wallace, section of an unpaved GMP road known Creek, and White Canyon—is as the upper portion of the Flint Trail prohibited. Assistant Secretary for Fish and Wildlife and Parks. within the Orange Cliffs Special (iv) Operating a motor vehicle in Management Unit pursuant to paragraph excess of 25 mph (unless otherwise [FR Doc. 2020–28464 Filed 1–14–21; 8:45 am] (f)(6) of this section. Except on the posted) on unpaved GMP roads and on BILLING CODE 4312–52–P portion of the Poison Spring Loop off-road motor vehicle routes in Ferry identified in Table 2 to paragraph Swale, Middle Moody Canyon (f)(4)(i) and as may be allowed by the Trailhead, East Gypsum Canyon DEPARTMENT OF COMMERCE Superintendent on the upper portion of Overlook, Imperial Valley, and Gunsight the Flint Trail, street-legal ATVs and Springs Trailhead is prohibited. Patent and Trademark Office OHVs are prohibited on unpaved GMP (v) Operating a motor vehicle within roads in the Orange Cliffs Special a designated off-road motor vehicle area 37 CFR Part 1 Management Unit. during quiet hours with the exception of [Docket No. PTO–P–2019–0009] (5) Motor vehicle and operator entering and exiting a campsite is requirements. (i) Motor vehicles must be prohibited. RIN 0651–AD33 equipped at all times with noise- (vi) Operating a generator or audio suppression devices, including an device, such as a radio, deck or compact Small Entity Government Use License exhaust muffler in good working order disc player, within a designated off-road Exception and in constant operation. Operating a motor vehicle area during quiet hours is motor vehicle that emits more than 96 Correction prohibited. During the hours of decibels of sound (using the SAE J1287 permitted operation, generators must be In rule document C1–2020–27049 test standard) is prohibited. Creating or adequately muffled and not create appearing on page 2542 in the issue of sustaining unreasonable noise excessive noise as defined in 36 CFR Wednesday, January 13, 2021, the considering the nature and purpose of 2.12(a)(1). correction is withdrawn. the actor’s conduct, impact on park users, location, and other factors that (vii) Operating a motor vehicle within [FR Doc. C2–2020–27049 Filed 1–14–21; 8:45 am] would govern the conduct of a a posted ‘‘vehicle-free’’ zone is BILLING CODE 1301–00–D reasonably prudent person is prohibited. prohibited. (viii) Operating an OHV under the age (ii) All motor vehicles operating in of 18 without a helmet is prohibited. DEPARTMENT OF COMMERCE (6) Superintendent’s authority. (i) The Lone Rock Beach Play Area must be Patent and Trademark Office equipped with a solid red or orange superintendent may close or reopen designated areas or routes to motor safety flag that is a minimum of six by 37 CFR Part 42 12 inches in size and that is attached to vehicle use, or impose conditions or the vehicle so that the safety flag is at restrictions on the use of off-road motor [Docket No. PTO–P–2019–0011] least eight feet above the surface of the vehicles after taking into consideration level ground, or attached to the public health and safety, natural and RIN 0651–AD34 protective headgear of a person cultural resource protection, lake levels, operating a motorcycle or dirt bike so and other management activities and Rules of Practice To Allocate the that the safety flag is at least 18 inches objectives. Burden of Persuasion on Motions To above the top of the person’s headgear. (ii) The superintendent will provide Amend in Trial Proceedings Before the Operating a motor vehicle without a public notice of all such actions through Patent Trial and Appeal Board safety flag at Lone Rock Beach Play Area one or more of the methods listed in Correction is prohibited. § 1.7 of this chapter. (iii) Operating a motor vehicle in (iii) Violating any such closure, In rule document C1–2020–28159 excess of 15 mph (unless otherwise condition, or restriction is prohibited. appearing on page 2542 in the issue of posted) at the following off-road motor (iv) The superintendent may suspend Wednesday, January 13, 2021, the vehicle locations—Lone Rock Beach, or revoke an existing permit, and may correction is withdrawn. Blue Notch, Bullfrog North and South, deny future applications for an off-road [FR Doc. C2–2020–28159 Filed 1–14–21; 8:45 am] Copper Canyon, Crosby Canyon, Dirty motor vehicle permit, based upon BILLING CODE 1301–00–D

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