Cape Cod National Seashore; Off-Road Vehicle Use

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

RIN 1024-AC47

Cape Cod National Seashore; Off-Road Vehicle Use

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: The National Park Service (NPS) is revising the current

regulation for off-road vehicle (ORV) use at Cape Cod National

Seashore. Since the current plan (1981 ORV Management Plan, as amended

in 1985) went into effect, new and unrelated measures have impacted the

off-road vehicle corridor identified in the amended plan. These

measures have resulted from the necessity to protect the federally

listed threatened piping plover (Charadrius melodus). Because of a lack

of flexibility in the Amended 1985 Plan, there has been an inability to

adapt it to changing natural resource concerns.

The piping plover became a federally listed threatened species in

1986. In 1995 there were 83 pair of plovers nesting on the beaches of

Cape Cod National Seashore. Thirty-three pair were within the eight and

one-half miles of the ORV corridor. During the Fourth of July weekend

(a period of peak use for ORV's) in 1994, eight-tenths of a mile of the

ORV corridor was open. In 1995, only six-tenths of a mile was open.

Because of the sand dune configuration on portions of the outer beach,

it is expected that the birds will continue to nest here. Thus, Cape

Cod National Seashore hopes to develop a more flexible and effective

regulation governing ORV use that will accommodate the NPS's

responsibilities for managing natural resources.

DATE: This rule becomes effective on March 26, 1998.

FOR FURTHER INFORMATION CONTACT: Maria Burks, Superintendent, Cape Cod

National Seashore, 99 Marconi Site Road, Wellfleet, MA 02667. Telephone

508-349-3785, ext. 203.

SUPPLEMENTARY INFORMATION:

Background

The mission of the NPS is to preserve and protect park resources

while at the same time allowing for the enjoyment of these same

resources in a manner that will leave them unimpaired for future

generations. In September 1995, Cape Cod National Seashore convened a

committee to negotiate a rulemaking (per the Federal Advisory

Commission Act (FACA), 5 U.S.C. App. II Sec. 9(c), and the Negotiated

Rulemaking Act, 5 U.S.C. 561), to resolve an ongoing contentious issue

of ORV use on Seashore beaches, while at the same time providing

optimum protection for the piping plover (Charadrius melodus) in

compliance with the Endangered Species Act of 1973, as amended, and

other Seashore resources.

The 1981 ORV Management Plan was challenged in U.S. District Court.

However, the plan, as amended in 1985 (50 FR 31181), was upheld by the

District Court in 1988 and the U.S. Court of Appeals in 1989. The

District Court found that ORV use at Cape Cod National Seashore is not

inappropriate; that the 1985 Plan minimized user conflicts; that the

NPS had provided other recreational users adequate use of the Seashore;

that the NPS had properly surveyed the sentiments of Seashore users;

and that ORV use, as managed by the NPS, does not adversely affect the

Seashore's values or its ecology.

The 1985 regulation that established an 8.5 mile ORV corridor on

the 40 miles of outer beach within the Seashore would have provided a

satisfactory solution except that since

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1988, the number of nesting pair of piping plover increased in this

area over 800 percent. The ORV corridor is one of the prime nesting

areas in the Seashore (in 1995, 33 of 87 pair nested in the corridor).

Primarily because of plovers in the corridor, the Seashore staff

monitors every bird, nest and egg daily to determine if the ORV

corridor should be open or closed. Symbolic fencing is put up as soon

as a nest is established to identify the site. Wire enclosures are put

up once the eggs have been laid and the ORV corridor is closed from the

time the birds hatch until they fledge, approximately 28 days later. In

the past few years, during the time when the Seashore receives the most

visitors (Fourth of July), including people wishing to use the ORV

corridor, only 0.4 to 0.6 miles of the corridor has been open.

Decision To Initiate Negotiated Rulemaking

The need for a new rule and the use of the negotiated process was

motivated by a number of events including legislative requirements,

past litigation, management issues and inflexibility of the existing

rule to deal with changing conditions such as the use of the corridor

by the piping plover. The negotiated rulemaking process was an attempt

to manage off-road vehicle (ORV) access on the outer beach in a way

that accommodates the wishes of ORV enthusiasts and those choosing

other forms of beach use, while minimizing impacts to natural and

cultural resources and providing a degree of flexibility for managing

the beach.

Since the current plan (1981 ORV Management Plan, as amended in

1985) went into effect, issues which had not been anticipated or

addressed previously impacted the off-road vehicle corridor. These

impacts were mainly in response to the importance of and the efforts to

protect the piping plover. Thus, Cape Cod National Seashore hopes the

new regulation will be more flexible and effective in governing ORV

use, and will accommodate the NPS's responsibilities for managing

natural resources and the recreational opportunities mandated in the

Seashore's enabling legislation.

The objective of negotiated rulemaking was to front load the

controversy by getting all the interested parties involved in the

decision making process from the beginning and acknowledging, if not

resolving, all the issues and concerns. The process brings together at

the negotiating table the organizations that are interested in the

issues and charges them with developing a solution that is acceptable

to everyone. This process is used by many Federal agencies, but this

was the first time the NPS used negotiated rulemaking to develop a rule

that will become part of the Code of Federal Regulations (CFR).

A total of 23 agencies, organizations and interest groups with long

term interests and involvement in the ORV issue were identified for the

committee. They included State agencies, the 6 towns the Seashore is

located within, ORV user groups, environmental groups, Federal

agencies, and tourism and preservation groups.

Specifically, the Committee consisted of members from the following

organizations:

1. Association for the Preservation of Cape Cod

2. Cape Cod Chamber of Commerce

3. Cape Cod Commission

4. Cape Cod Salties

5. Citizens Concerned for Seacoast Management

6. Conservation Law Foundation

7. Eastham Forum

8. Highland Fish and Game Club

9. Massachusetts Audubon Society

10. Massachusetts Beach Buggy Association

11. Massachusetts Coastal Zone Management

12. Massachusetts Department of Environmental Protection

13. Massachusetts Division of Fisheries and Wildlife

14. Massachusetts Division of Marine Fisheries

15. National Park Service

16. Sierra Club

17. Town of Chatham

18. Town of Eastham

19. Town of Orleans

20. Town of Provincetown

21. Town of Truro

22. Town of Wellfleet

23. U.S. Fish and Wildlife Service

Each organization selected one representative to sit at the table.

This person spoke and made commitments for that organization. Only

representatives were allowed to participate in the formal discussions.

All participants at the table had an equal voice. To avoid problems

with unbalanced votes on one ``side,'' the negotiated rulemaking was

done as a consensus process (every organization had veto authority).

The task assigned the committee was to develop a new ORV regulation for

Cape Cod National Seashore. If the committee was unable to reach

consensus on a new regulation, then the NPS would develop a new rule

using the ideas, information and creativity that had been gathered from

the group. This process allowed every issue, idea and concern to be

heard; all sides had a chance to hear what was most important and what

most worried the other participants. The NPS agreed that if consensus

was reached, the consensus regulation would be put forward as a

proposed rule through the notice and comment rulemaking process with

full public involvement. The proposed rule was published in the Federal

Register on May 6, 1997 (FR 62 24624).

As required by FACA, all formal meetings were announced in the

Federal Register and were open to the public. There was a public

comment period at the end of each meeting. Letters could be submitted

to be included in the official record if someone was unable to attend.

The rulemaking sessions were conducted by contracted professional

negotiators. The sessions were limited to three, two-day meetings.

These meetings were spaced one month apart to allow the representatives

sufficient time between meetings to report back to their respective

organizations and to ensure that they were not committing to things the

organizations could not support and, very importantly, to allow time

for independent interactions and negotiations among committee members

to occur.

The committee was successful in reaching consensus on a proposed

ORV regulation for Cape Cod National Seashore. It is the contents of

that regulation that have been used to identify issues, alternatives

and potential impacts for National Environmental Policy Act (NEPA)

compliance.

Issues of Concern Raised During the Negotiated Rulemaking

During the course of negotiations, many ideas and issues were

discussed, clarified and agreed to by the negotiating committee. The

committee reached consensus on the following items and agreed that,

although not appropriate for inclusion in the text of the regulation,

these items were important points, ideas and agreements that should be

included in the preamble where they would be part of the official

record and identified as part of the committee consensus.

Executive Order 11644, as amended by E.O. 11989, ``Use of Off-Road

Vehicles on Public Lands'' directs the NPS to monitor the impacts of

the ORV program on the resources of Cape Cod National Seashore. The

committee supported this monitoring to identify the actual effects (or

lack of effects) of ORV use at the Seashore. The intent of

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this research is not to develop ``new'' science on the effects of ORV

use on the outer beaches, but to document specifically the current

condition of the ORV corridor and to monitor the changes, if any, that

occur over time. This data will be used to assess any changes that

occur in the area where the ORV corridor is located and to try to

identify the causes of these changes. The monitoring methods identified

for use by the NPS will undergo peer review by the broader scientific

community to identify weaknesses, including areas of monitoring not

covered by the technical research design. In this context, ``peer''

includes scientists beyond the NPS scientific community. The monitoring

will result in an annual report that NPS will also distribute for

public and peer review and comment. While user fees gathered from ORV

permits can be used to fund this research, this funding is limited.

The committee recognized the importance and relative fragility of

barrier spits, such as the sand spit at Hatches Harbor. The NPS agrees

to work in consultation with the Massachusetts Office of Coastal Zone

Management to address concerns specific to barrier spits. It is

understood that these areas are more sensitive; that they are important

to shorebirds and for protecting the natural resources located behind

them; and that a closer look at these sensitive areas may result in a

need to limit use or further control existing uses to protect

resources.

The Cape Cod National Seashore Advisory Commission will be

requested to develop a new subcommittee to provide input and advice on

the ORV program at Cape Cod National Seashore. The chair of the

subcommittee will be a duly appointed member of the Commission. Other

members of the subcommittee will represent the same general mix of

interests represented in the negotiated rulemaking committee. This

subcommittee will be assigned to review and analyze the annual

monitoring report. Following its review and analysis, the subcommittee

may refer any ORV program management issues it identifies to the

commission for further deliberation, and the Commission may advise the

Superintendent with respect to those issues.

Night fishing is recognized as an important activity on the beaches

of Cape Cod National Seashore. Vehicles displaying a permit approved by

the Superintendent are able to access paved public parking lots, closed

to the general public after hours, for nighttime fishing.

An annual report submitted to the Secretary of the Interior will

include an analysis of the annual operating costs of the ORV program.

The negotiated rulemaking committee discussed a potential future

need for commercial permittees who would bring people to various outer

beach locations to fish, swim, picnic or enjoy other activities

compatible with the establishment of the Seashore. This service could

potentially reduce the number of people needing to drive their personal

ORV'S on the beach. The Seashore agreed to evaluate the impact if the

number of commercial permits for the ORV corridor exceeded the number

issued in 1981 (18). Operators of a passenger vehicle for hire, engaged

in carrying passengers for a fee on a designated ORV route, will obtain

a permit for commercial use issued by the Superintendent. One condition

of this permit will be that the applicants must demonstrate they

possess adequate knowledge of the Seashore's off-road system and points

of interest, and they must comply with all applicable Federal, State

and local regulations. The fee for this permit will be based on the

costs incurred by the NPS to administer this program. Failure to comply

with any provision of an ORV permit, any regulation listed in this

section or Part 2 or Part 4 of this chapter, or the requirements of the

commercial use permit may result in revocation of permits by the

Superintendent.

The committee recognized that, even given the greater flexibility

of the consensus rule, there is a high probability portions of the

beach may be closed at various times because of resource protection

concerns. To provide access to some locations immediately adjacent to

prime fishing areas, the committee identified ``limited parking areas''

for fishing access. These areas will be sand pull-offs located behind

the primary dunes and be limited to two or three cars. NPS staff will

identify areas for these to be located on the High Head access route

and the Power Line route. Every attempt will be made to locate the

parking spaces on previously impacted areas. They will be located to

provide minimal visual impact and to minimize widening of the route or

impact to vegetation. The spaces will be posted to identify that only

people actively fishing may park.

It is recognized that boat launching, within the ORV corridor, is

permitted by properly approved and permitted vehicles. The definition

of boat in this context does not include personal watercraft ( e.g.,

jet skis style vessel). Additional information regarding the

requirements pertaining to the use of personal watercraft and boats is

contained within the Compendium of Designations, Closures (36 CFR 1.5

and 1.7) for Cape Cod National Seashore and 36 CFR Part 3.

Self-contained vehicles will continue to be managed as they have in

the past. A self-contained vehicle is a vehicle with a water or

chemical toilet and a permanently installed holding tank able to hold a

minimum of three days of waste material. It is recognized that self-

contained vehicles need to be located within close proximity to a beach

access route. They also need to be located on a wider section of beach

away from vegetation. The access route for self-contained vehicles must

be fairly flat and stable. These factors will limit the possible

locations for this activity. The committee agreed that, while the

location of the self-contained parking area may need to shift somewhat,

neither the scale nor the general level of impact would increase.

All the organizations represented by the committee agreed that the

protection of the piping plover is important. There was consensus on

the need to close beaches to ORV's when chicks have hatched and before

they have fledged.

The committee acknowledged Executive Order 12962, Recreational

Fisheries, which, in part, acknowledges the importance of participating

in recreational fishing, and protecting and conserving fish stock.

The NPS recognizes the importance of citizen participation in the

ORV program. In accordance with NPS policy, a program will be developed

to make use of the unique skills and knowledge of individuals within

the ORV community. This program will formalize and recognize the

preservation efforts, education, beach clean up and other activities

many of these individuals already perform.

Comments Received on Proposed ORV Regulation

During the public review period for the proposed Off-Road Vehicle

Regulation for Cape Cod National Seashore, 15 written comments were

received. Because of the concurrent comment period for the

Environmental Assessment (EA) and the proposed regulation, some of

these letters dealt partially or totally with comments on the EA.

Response to EA comments will be dealt with separately as part of the

NEPA process.

Of the 15 comments received, nine supported the regulation, one

opposed it and five offered comment but were neutral as to whether they

supported or opposed it. In addition to written comments, approximately

6 telephone comments were received. All telephone contacts supported

the regulation.

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In compliance with guidelines established as part of the negotiated

rulemaking process and agreed to by all participants, organizations

that were at the table during the rulemaking were not allowed to

comment on the proposed regulation. They were invited to comment on the

EA because this was drafted solely by the NPS and, unlike the proposed

regulation, the organizations did not have a chance to review or

comment on it during the rulemaking process. Individual members of

organizations that were represented at the table were allowed to

comment on the proposed regulation.

Annual Cap of 3400 Permits

The issue raised by the most people or organizations (four) was

about the annual cap of 3,400 permits. Concerns were raised as to how

this limit was established and justified. One group felt the number was

too high, whereas others felt there should not be a limit to the number

of permits issued. Some suggested that there should be a limit to the

number of vehicles on the beach at any one time. Two suggested this

system favored people who live in Massachusetts.

The rulemaking group spent considerable time discussing this issue.

The group agreed that it was important to limit the number of vehicles

on the beach, but at the same time to allow some growth in the number

of users. The group understood the complexity of instituting a daily

limit--numerous access points, potential traffic problems as users

lined up to wait for people to leave, people who buy an annual pass but

use it only for a limited time would be unsure if they would have

access and additional staff needed to control access. Because of these

concerns, the daily limit option was dropped in favor of the annual

cap.

The annual cap was arrived at by looking at the number of permits

which have been issued in the past and adding 10% to that number.

Because the number of annual permits that can be issued in a calendar

year exceeds the usual number issued, there has been no need to

establish a procedure for issuing permits. When it appears that the

annual cap will be reached, the NPS will work with an advisory group,

which is a sub-committee of the Cape Cod National Seashore Advisory

Commission, to establish a procedure that gives equal access to permits

for people in-state as well as for people from out-of-state.

Personal Watercraft (PWC)

One group reminded the NPS that one of the areas of consensus

during the negotiated rulemaking, was that the launching of PWC from

the ORV corridor was prohibited. This statement is in the preamble of

the regulation and has been codified in the park's compendium in the

section dealing with boating. In addition, the NPS will be addressing

the issue of PWCs through comment rulemaking in the general

regulations.

Piping Plovers

One individual questioned the need to have an automatic closure of

a section of the corridor from April 1 through July 20th. During the

negotiated rulemaking many groups saw an advantage to having an

automatic closure of a section of the corridor, especially with the

establishment of another section which had a higher probability of not

having nesting plovers. Because of the high concentration of plovers on

the beach in the section scheduled for automatic closure, ORV users had

to check daily to see whether or not they would be able to get out to

that section of the beach. Also, this section of the beach required a

high amount of management by the NPS as all the nests, eggs and chicks

had to be checked each day. Because of these and other reasons, the

group decided to schedule the automatic closure of a section of the

corridor.

Cost

One individual questioned the cost of running the ORV program,

specifically the cost of patrolling the night fishing area, and stated

that as a taxpayer they did not want to support this high cost

activity. The regulation specifically states that the costs to run and

manage the ORV program will be recovered by the Seashore through the

cost of the permits. The cost of the program will be borne by the

people who benefit from the program.

Winter Use of the ORV Corridor

One group stated that the regulation was unclear as to how limited

access passes (LAP) for winter ORV use would be managed. The regulation

states that winter use of the beach for ORV use would require an annual

ORV pass as well as a LAP. Access must be for the purposes of getting

to the town shellfishing beds at Hatches Harbor, recovering personal

property or flotsam and jetsam from the beach, caretaker functions at a

dune cottage or fishing. In addition, an operator is required to view a

special education program on the unique situations encountered on a

winter beach. To allow for the development of a system that is flexible

and meets the needs of the users, provides for visitor safety and

protects the resources, the specifics of the limited access pass are

not included in the regulation. The Seashore staff, working with the

advisory group, will develop procedures for winter access that meet all

of these requirements. If problems arise the procedures will be

reviewed, and if appropriate, revised to best accommodate all concerns

while meeting the objectives of the regulation.

Support for the Regulation

One letter from a local resident claims that all of the surfcasters

he has spoken with are 100 percent behind the new regulations. He made

a point of saying that their appreciation will be shown by their making

an extra effort to follow any guidelines to the ``T'', and to be

courteous and considerate to all they come across in their travels.

Drafting Information

A formal negotiated rulemaking was utilized in the development of

this proposed rule in accordance with the Federal Advisory Commission

Act (FACA) and the Negotiated Rulemaking Act (5 U.S.C. 561).

Paperwork Reduction Act

As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501

et seq.), the information collection requirements contained in this

rule have been approved by the Office of Management and Budget and

assigned clearance number 1024-0026. This information is being

collected to solicit information that is necessary for the

Superintendent to issue off-road vehicle permits. The public is being

asked to provide this information in order for the park to track the

number of permits issued and to whom they are issued. Should the park

need to contact the permittees, a mechanism will be in place to allow

them to do so. The information will be used to grant administrative

benefits. The obligation to respond is required to obtain a benefit.

Specifically, the NPS needs the following information to issue a

permit:

(1) Name and address of registered owner.

(2) Driver's license number and State of issue.

(3) Vehicle license plate number and State.

(4) Vehicle description, including year, make, model and color.

(5) Make, model and size of tires.

(6) List of equipment on board as required in section 4 of the

rule.

The public reporting burden for the collection of information in

this instance is estimated to be 0.28 hours per response, including the

time for

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reviewing instructions, searching existing data sources, gathering and

maintaining the data needed and completing and reviewing the collection

of information. Send comments regarding this burden estimate or any

other aspect of this collection of information, including suggestions

for reducing the burden of these information collection requests, to

Information Collection Officer, National Park Service, 800 North

Capitol Street, Washington, D.C. 20001; and the Office of Management

and Budget, Office of Information and Regulatory Affairs, Attention:

Desk Officer for Department of the Interior (1024-0125), Washington,

D.C. 20503.

Compliance With Other Laws

This rule was reviewed by the Office of Management and Budget under

Executive Order 12866. The Department of the Interior determined that

this document will not have a significant economic effect on a

substantial number of small entities under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.). The economic effects of this rulemaking are

local in nature and negligible in scope.

The NPS has determined and certifies pursuant to the Unfunded

Mandates Reform Act (2 U.S.C. 1502 et seq.), that this rule will not

impose a cost of $100 million or more in any given year on local, State

or tribal governments or private entities.

This regulation is subject to National Environmental Policy Act

(NEPA) compliance and an Environmental Assessment (EA) has been

completed and a Finding of No Significant Impact has been determined.

This document is available for public review and can be obtained by

contacting the park at the address noted at the beginning of this

rulemaking.

List of Subjects in 36 CFR Part 7

National parks, Reporting and recordkeeping requirements.

In consideration of the foregoing, NPS amends 36 CFR Chapter I as

follows:

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

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

Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k), Sec. 7.96 also

issued under Code 8-137 (1981) and D.C. Code 40-721 (1981).

2. Revise section 7.67(a) to read as follows:

Sec. 7.67 Cape Cod National Seashore.

(a) Off-road operation of motor vehicles.

(1) What do I need to do to operate a vehicle off road? To operate

a vehicle off road at Cape Cod National Seashore, you must meet the

requirements in paragraphs (b) through (e) of this section. You also

must obtain a special permit if you:

(i) Will use an oversand vehicle (see paragraphs (a)(6) and (a)(7)

of this section for details);

(ii) Will use an oversand vehicle to camp (see paragraph (a)(8) of

this section for details); or

(iii) Are a commercial operator (see paragraph (a)(9) of this

section for details).

(2) Where and when can I operate my vehicle off road? You may

operate a vehicle off road only under the conditions specified in the

following table. However, the Superintendent may close any access or

oversand route at any time for weather, impassable conditions due to

changing beach conditions, or to protect resources.

------------------------------------------------------------------------

Route When you may use the route

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On the outer beach between the opening April 15 through November 15,

to Hatches Harbor, around Race Point except Exit 8 to High Head

to High Head, including the North and which is closed April 1

South Beach access routes at Race through July 20.

Point and the bypass route at Race

Point Light.

Off road vehicle corridor from Exit 8 July 21 through November 15.

to High Head.

Access road at High Head from the January 1 through December 31.

inland parking area to the primary

dune.

Designated dune parking area at High January 1 through December 31.

Head (for fishing only).

Power Line Route access and fishing Only when the Superintendent

parking area. opens the route due to high

tides, beach erosion,

shorebird closure or other

circumstances which will, as a

result, warrant public use of

this access way.

On controlled access routes for January 1 through December 31.

residents or caretakers of individual

dune cottages in the Province Lands.

On commercial dune taxi routes April 15 through November 15.

following portions of the outer beach

and cottage access routes as described

in the appropriate permit.

On the outer beach from High Head to July 1 through August 31.

Head of the Meadow.

Coast Guard beach in Truro to Long Nook April 15 through November 15

beach. (hours posted).

------------------------------------------------------------------------

(3) May I launch a boat from a designated route? Boat trailering

and launching by a permitted vehicle from a designated open route

corridor is permitted.

(4) What travel restrictions and special rules must I obey? You

must comply with all applicable provisions of this chapter, including

part 4, as well as the specific provisions of this section.

(i) On the beach, you must drive in a corridor extending from a

point 10 feet seaward of the spring high tide drift line to the berm

crest. You may drive below the berm crest only to pass a temporary cut

in the beach, and you must regain the crest immediately following the

cut. Delineator posts mark the landward side of the corridor in

critical areas.

(ii) On an inland oversand route, you must drive only in a lane

designated by pairs of delineator posts showing the sides of the route.

(iii) An oversand route is closed at any time that tides, nesting

birds, or surface configuration prevent vehicle travel within the

designated corridor.

(iv) When two vehicles meet on the beach, the operator of the

vehicle with the water on the left must yield, except that self-

contained vehicles always have the right of way.

(v) When two vehicles meet on a single-lane oversand route, the

operator of the vehicle in the best position to yield must pull out of

the track only so far as necessary to allow the other vehicle to pass

safely, and then must back into the established track before resuming

the original direction of travel.

(vi) If you make a rut or hole while freeing a stuck vehicle, you

must fill the rut or hole before you remove the vehicle from the

immediate area.

(5) What activities are prohibited? The following are prohibited:

(i) Driving off a designated oversand route.

(ii) Exceeding a speed of 15 miles per hour unless posted

otherwise.

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(iii) Parking a vehicle in an oversand route so as to obstruct

traffic.

(iv) Riding on a fender, tailgate, roof, door or any other location

on the outside of a vehicle.

(v) Driving a vehicle across a designated swimming beach at any

time when it is posted with a sign prohibiting vehicles.

(vi) Operating a motorcycle on an oversand route.

(6) What special equipment must I have in my vehicle? You must have

in your vehicle all the equipment required by the Superintendent,

including:

(i) Shovel;

(ii) Tow rope, chain, cable or other similar towing device;

(iii) Jack;

(iv) Jack support board;

(v) Low air pressure tire gauge; and

(vi) Five tires that meet or exceed established standards.

(7) What requirements must I meet to operate an oversand vehicle?

You may operate an oversand vehicle only if you first obtain an

oversand permit from the Superintendent. The Superintendent administers

the permit system for oversand vehicles and charges fees that are

designed to recover NPS administrative costs.

(i) The oversand permit is a Special Use Permit issued under the

authority of 36 CFR 1.6 and 4.10. You must provide the following

information for each vehicle for which you request a permit:

(A) Name and address of registered owner;

(B) Driver's license number and State of issue;

(C) Vehicle license plate number and State of issue; and

(D) Vehicle description, including year, make, model and color;

make, model and size of tires.

(ii) Before we issue a permit, you must:

(A) Demonstrate that your vehicle is equipped as required in

paragraph (a)(6) of this section;

(B) Provide evidence that you have complied with all Federal and

State licensing registering, inspecting and insurance regulations; and

(C) View an oversand vehicle operation educational program and

ensure that all other potential operators view the same program.

(iii) The Superintendent will affix the permit to your vehicle at

the time of issuance.

(iv) You must not transfer your oversand permit from one vehicle to

another.

(8) What requirements must I meet to operate an oversand vehicle in

the off season?

To operate an oversand vehicle between November 16 and April 14,

you must obtain from the Superintendent an oversand permit and a

limited access pass. We will issue you a limited access pass if you

have a valid oversand permit (see paragraph (a)(7) of this section) and

if you have viewed an educational program that outlines the special

aspects of off season oversand use.

(i) You may operate a vehicle during the off-season only on the

portion of the beach between High Head and Hatches Harbor.

(ii) You must not operate a vehicle during the off-season within

two hours either side of high tide.

(iii) We may issue a limited access pass for the following

purposes:

(A) Access to town shellfish beds at Hatches Harbor;

(B) Recovery of personal property, flotsam and jetsam from the

beach;

(C) Caretaker functions at a dune cottage; or

(D) Fishing.

(9) What requirements must I meet to use an oversand vehicle for

camping? You may use an oversand vehicle to camp on the beach only in

the manner authorized in this section or as authorized by the

Superintendent through another approved permitting process.

(i) You must possess a valid permit issued under paragraph (a)(7)

of this section.

(ii) You may camp only in a self-contained vehicle that you park in

a designated area. A self-contained vehicle has a self-contained water

or chemical toilet and a permanently installed holding tank with a

minimum capacity of 3 days waste material. There are two designated

areas with a maximum combined capacity of 100 vehicles.

(A) You must drive the self-contained vehicle off the beach to

empty holding tanks at a dumping station at intervals of no more than

72 hours.

(B) Before returning to the beach, you must notify the Oversand

Station as specified by the Superintendent.

(iii) You must not drive a self-contained vehicle outside the

limits of a designated camping area except when entering or leaving the

beach by the most direct authorized route.

(iv) You are limited to a maximum of 21 days camping on the beach

from July 1 through Labor Day.

(10) What special requirements must I meet if I have a commercial

vehicle?

(i) To operate a passenger vehicle for hire on a designated

oversand route, you must obtain a permit from the Superintendent. The

Superintendent issues the permit under the authority of 36 CFR 1.6,

4.10 and 5.6.

(ii) You must obey all applicable regulations in this section and

all applicable Federal, State and local regulations concerning vehicles

for hire.

(iii) You must provide the following information for each vehicle

that will use a designated oversand route:

(A) Name and address of tour company and name of company owner;

(B) Make and model of vehicle;

(C) Vehicle license plate number and State of issue; and

(D) Number of passenger seats.

(11) How will the Superintendent manage the off-road vehicle

program?

(i) The Superintendent will issue no more than a combined total of

3400 oversand permits annually, including self-contained permits.

(ii) The Superintendent will monitor the use and condition of the

oversand routes to review the effects of vehicles on natural, cultural,

and aesthetic resources in designated corridors. If the Superintendent

finds that resource degradation or visitor impact is occurring, he/she

may amend, rescind, limit the use of, or close designated routes. The

Superintendent will do this consistent with 36 CFR 1.5 and 1.7 and all

applicable Executive Orders;

(iii) The Superintendent will consult with the Cape Cod National

Seashore Advisory Commission regarding management of the off-road

vehicle program.

(iv) The Superintendent will recognize and use volunteers to

provide education, inventorying, monitoring, field support, and other

activities involving off-road vehicle use. The Superintendent will do

this in accordance with 16 U.S.C. 18 g-j.

(v) The Superintendent will report annually to the Secretary of the

Interior and to the public the results of the monitoring conducted

under this section, subject to availability of funding.

(12) What are the penalties for violating the provisions of this

section? Violation of a term or condition of an oversand permit issued

in accordance with this section is prohibited. A violation may also

result in the suspension or revocation of the permit.

(13) Has OMB approved the collection of information in this

section? As required by 44 U.S.C. 3501 et. seq., the Office of

Management and Budget has approved the information collection

requirement contained in this section. The OMB approval number is 1024-

0026. We are collecting this information to allow the Superintendent to

issue off-road vehicle permits. You must provide the information in

order to obtain a permit.

* * * * *

[[Page 9149]]

Dated: February 8, 1998.

Donald J. Barry,

Acting Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 98-4638 Filed 2-23-98; 8:45 am]

BILLING CODE 4310-70-P