3804 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

[Docket ID: NPS–2018–0001; NPS–GLCA– 

27587; PPIMGLCAS1; PPMPSAS1Z.YP0000] 

RIN 1024–AD93 

Glen Canyon National Recreation Area; 

Motor Vehicles 

AGENCY: National Park Service, Interior. 

ACTION: Final rule. 

SUMMARY: The National Park Service 

amends its special regulations for Glen 

Canyon National Recreation Area to 

manage the use of motor vehicles on 

and off park roads. The rule requires a 

permit to operate a motor vehicle off 

roads in selected locations, designates 

routes and areas where motor vehicles 

may be used off roads, and allows the 

superintendent to establish closures and 

restrictions based upon specific criteria. 

The rule also allows certain types of offroad vehicles on some paved and 

unpaved roads in the recreation area. 

Unless provided for by special 

regulation, operating a motor vehicle off 

roads within areas of the National Park 

System is prohibited. 

DATES: This rule is effective on February 

16, 2021 except for the provisions in 

§ 7.70(f)(2) and the permit requirements 

in Table 1 to § 7.70(f)(3)(ii) which are 

effective April 15, 2021. 

ADDRESSES: The comments received on 

the proposed rule and an economic 

analysis are available on 

www.regulations.gov in Docket ID: NPS– 

2018–0001. 

FOR FURTHER INFORMATION CONTACT: 

William Shott, Superintendent, Glen 

Canyon National Recreation Area, P.O. 

Box 1507, Page, Arizona 86040, by 

phone at 928–608–6205, or by email at 

GLCA_Superintendent@nps.gov. 

SUPPLEMENTARY INFORMATION: 

Purpose and Significance of Glen 

Canyon National Recreation Area 

Congress established Glen Canyon 

National Recreation Area (the recreation 

area) in 1972 ‘‘to provide for the public 

outdoor recreation use and enjoyment of 

Lake Powell and lands adjacent thereto 

in the states of Arizona and Utah and to 

preserve the scenic, scientific, and 

historic features contributing to the 

public enjoyment of the area.’’ 16 U.S.C. 

460dd. 

The recreation area encompasses 

1,254,117 acres in northern Arizona and 

southeastern Utah and constitutes a 

substantial part of the outstanding 

public lands of the Colorado Plateau. 

The recreation area offers a natural 

diversity of rugged water- and windcarved canyons, buttes, mesas, and 

other outstanding physiographic 

features. The recreation area allows for 

a variety of recreational opportunities, 

including on- and off-road motor 

vehicle use and contains Lake Powell, 

the second-largest human-made lake in 

North America, which provides the 

opportunity to recreate in a natural 

environment and access remote 

backcountry areas. Evidence of 11,000 

years of human occupation and use of 

resources in the recreation area provides 

a continuing story of the prehistoric, 

historic, and present-day affiliation of 

humans and their environment. 

Authority To Promulgate Regulations 

The National Park Service (NPS) 

manages the recreation area under the 

NPS Organic Act (54 U.S.C. 100101 et 

seq.), which gives the NPS broad 

authority to regulate the use of the park 

areas under its jurisdiction. The Organic 

Act authorizes the Secretary of the 

Interior, acting through the NPS, to 

‘‘prescribe such regulations as the 

Secretary considers necessary or proper 

for the use and management of [National 

Park] System units.’’ 54 U.S.C. 

100751(a). In the recreation area’s 

enabling act, Congress directed the 

Secretary of the Interior to ‘‘administer, 

protect, and develop the recreation area 

in accordance with the [Organic Act], 

and with any other statutory authority 

available to him for the conservation 

and management of natural resources.’’ 

16 U.S.C. 460dd-3. 

Executive Order 11644, Use of OffRoad Vehicles on the Public Lands, was 

issued in 1972 and amended by 

Executive Order 11989 in 1977. 

Executive Order 11644 required federal 

agencies to issue regulations designating 

specific areas and routes on public 

lands where the use of off-road vehicles 

(ORVs) may be allowed. The NPS 

implemented these Executive Orders by 

promulgating a regulation at 36 CFR 

4.10 (Travel on park roads and 

designated routes). Under 36 CFR 4.10, 

the use of motor vehicles off established 

roads is not permitted unless routes and 

areas are designated for off-road motor 

vehicle use by special regulation. Under 

36 CFR 4.10(b), such routes and areas 

‘‘may be designated only in national 

recreation areas, national seashores, 

national lakeshores and national 

preserves.’’ This final rule designates 

routes where motor vehicles may be 

used off roads in the recreation area in 

compliance with 36 CFR 4.10 and 

Executive Orders 11644 and 11989. 

Current Motor Vehicle Use in the 

Recreation Area 

Off-Road Motor Vehicles 

The use of motor vehicles to reach offroad destinations in Glen Canyon 

predates the establishment of the 

recreation area in 1972. After Lake 

Powell began to fill behind the Glen 

Canyon Dam in 1963, the public began 

driving off road to access the new lake 

for recreational activities. ORV use 

continued following the establishment 

of the recreation area in 1972. ORV use 

is currently occurring in four general 

locations within the recreation area: 

• Lone Rock Beach is open to 

conventional motor vehicles, offhighway vehicles, and street-legal allterrain vehicles. The speed limit at Lone 

Rock Beach is 15 mph. 

• Lone Rock Beach Play Area is 

located on a hill above and to the 

southwest of Lone Rock Beach. This 

180-acre area is enclosed by a fence and 

open to unrestricted, high-intensity 

ORV use. This area is a place where 

ORV operators can challenge 

themselves, develop riding skills, 

operate at high speeds, and perform 

jumps and hill climbs. There is no 

speed limit in the play area. 

• Accessible Shoreline Areas provide 

public access by conventional motor 

vehicles to the Lake Powell shoreline for 

the purposes of recreation (fishing, 

swimming, boating, etc.). The public is 

allowed to depart the road and drive to 

the shoreline and park in designated 

ORV areas. There are 13 accessible 

shoreline areas (Blue Notch, Bullfrog 

North and South, Copper Canyon, 

Crosby Canyon, Dirty Devil, Farley 

Canyon, Neskahi, Paiute Canyon, Red 

Canyon, Stanton Creek, Warm Creek, 

White Canyon, and Hite Boat Ramp). 

Three shoreline areas (Bullfrog North 

and South, Crosby Canyon, and Warm 

Creek) are closed to ORVs in the 

superintendent’s compendium. ORVs 

are not allowed at Nokai Canyon and 

Paiute Farms, but these areas are 

accessed occasionally by ORVs. 

• Ferry Swale is an area in the 

Arizona portion of the recreation area 

with approximately 54 miles of 

unauthorized routes that have been 

created by users over time. 

On-Road Motor Vehicle Use 

A comprehensive planning process 

begun by the NPS after the 

establishment of the recreation area 

resulted in a General Management Plan 

(GMP) that was published in 1979. The 

GMP designated a system of paved and 

unpaved roads open to vehicle travel 

and closed several existing unpaved 

roads in the backcountry. The paved 

Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 3805 

and unpaved network of roads 

identified in the GMP is open to motor 

vehicle travel, subject to restrictions on 

the types of vehicles that are allowed on 

specific roads. These roads are referred 

to in the rule as ‘‘GMP roads.’’ Driving 

a motor vehicle off any paved or 

unpaved GMP road is considered offroad motor vehicle use and is prohibited 

except on designated routes and in 

designated areas. All other user-created 

routes and linear disturbances within 

the recreation area are closed to public 

motor vehicle travel. 

The Orange Cliffs Special 

Management Unit is located in the 

northeast portion of the recreation area. 

This Unit adjoins Canyonlands National 

Park, is similar in physiography, and 

has many of the same management 

issues as the Canyonlands Maze District. 

The Canyonlands National Park and 

Orange Cliffs Unit of Glen Canyon 

National Recreation Area Backcountry 

Management Plan (NPS 1995) and the 

accompanying environmental 

assessment (NPS 1993) consist of an 

inter-park management plan developed 

to increase consistency and protection 

for visitors to both the Maze District of 

Canyonlands and the Orange Cliffs in 

Glen Canyon. The backcountry 

management plan was predicated on the 

GMP, which states that the Orange Cliffs 

Special Management Unit is to be 

‘‘maintained as a critical backdrop for 

Canyonlands National Park and as a 

major vantage point for spectacular 

views into the park.’’ The Orange Cliffs 

Special Management Unit is managed 

‘‘to maintain a relatively primitive, 

undeveloped atmosphere’’ and to 

provide ‘‘year-round access to Panorama 

Point’’ (NPS 1979). 

Off-Road Vehicle Management Plan/ 

Final Environmental Impact Statement 

The NPS has been managing ORV use 

in the recreation area for several 

decades. Although the NPS had 

implemented ORV management plans 

for various parts of the recreation area 

in 1981 (for Lone Rock Beach) and 1988 

(for 20 accessible shoreline areas on 

Lake Powell), past planning efforts did 

not comply with the NPS regulation at 

36 CFR 4.10 that requires a special 

regulation to designate routes and areas 

for ORV use. In 2005, the NPS was 

challenged in federal court over its 

compliance with Executive Orders 

11644 and 11989, and 36 CFR 4.10(b) 

(Friends of the Earth, Bluewater 

Network Division v. United States 

Department of the Interior, Case 1:05-cv02302–RCL). Under the terms of the 

2008 settlement agreement between the 

parties to that litigation, the NPS 

prepared an Off-Road Vehicle 

Management Plan/Draft Environmental 

Impact Statement (DEIS). In compliance 

with the settlement agreement, the NPS 

also developed interim ORV plans for 

the accessible shoreline areas, Lone 

Rock Beach, and Lone Rock Play Area. 

In January 2017, the NPS completed an 

Off-Road Vehicle Management Plan/ 

Final Environmental Impact Statement 

(FEIS). On August 15, 2018, the 

Regional Director for the Intermountain 

Region signed a Record of Decision 

(ROD) identifying the preferred 

alternative in the FEIS (Alternative E: 

Mixed Use) as the selected alternative. 

The FEIS and the ROD have superseded 

all previous ORV management plans for 

the recreation area. 

A detailed history of prior NPS 

management of on- and off-road vehicle 

use can be found in the FEIS, which can 

be viewed together with the ROD at 

https://parkplanning.nps.gov/glcaorvplan by clicking on the link entitled 

‘‘Document List’’. The FEIS analyzes the 

issues and environmental impacts of 

five alternatives for the management of 

on- and off-road motor vehicle use in 

the recreation area. Major issues 

analyzed in the FEIS include social and 

economic issues, human health and 

safety, wildlife, natural soundscapes, 

wilderness, and visitor use and 

experience. Impacts associated with 

each of the alternatives are described in 

the FEIS. 

Final Rule 

This rule establishes a special 

regulation pursuant to 36 CFR 4.10(b) to 

manage ORV use in the recreation area. 

The rule implements the selected 

alternative (Alternative E: Mixed Use) 

for the recreation area identified in the 

ROD. The selected alternative provides 

the largest range of experiences for 

visitors and enhances experiences of 

different user groups, such as motor 

vehicle users and those who seek a more 

primitive camping experience. The 

selected alternative is designed to 

protect resources while enhancing the 

visitor experience by identifying and 

designating specific areas capable of 

ORV use while prohibiting ORV use in 

areas where resources and values may 

be at risk. 

Types of Motor Vehicles 

In order to effectively manage the use 

of motor vehicles in the recreation area, 

the rule creates definitions to 

distinguish among a range of vehicle 

types. Under Executive Order 11644, an 

ORV means any motor vehicle designed 

for or capable of cross-country travel on 

or immediately over natural terrain. 

Under this broad definition, an ORV 

may be a truck, an all-terrain vehicle 

(ATV), a sedan, a dirt bike, or any other 

motor vehicle that is capable of off-road 

travel. Among ORVs, the rule 

distinguishes between conventional 

motor vehicles, off-highway vehicles 

(OHVs), and street-legal ATVs, as 

follows: 

• Conventional motor vehicle means 

any motor vehicle that is designed 

primarily for operation on streets and 

highways, and that is licensed and 

registered for interstate travel. 

Automobiles, vans, highway 

motorcycles (including a dual-sports 

motorcycle licensed for use on a 

highway), sport utility vehicles (SUVs), 

recreational vehicles (RVs), pickup 

trucks, and buses are examples of 

conventional motor vehicles. 

• OHV means any motor vehicle— 

excluding snowmobiles and 

hovercraft—that is designed primarily 

for off-road travel and is not licensed 

and registered for interstate travel. ATVs 

(excluding street legal ATVs, as defined 

below), dirt bikes, sand rails, side-bysides, and dune buggies are examples of 

OHVs. 

• Street-legal ATV means an ATV 

that qualifies under Arizona or Utah 

motor vehicle and traffic code to be 

operated on state roads and highways. 

Under current Arizona and Utah law, 

dune buggies, sand rails, go-karts, and 

rock crawlers cannot be licensed as 

street legal. 

Under these definitions, conventional 

motor vehicles do not include OHVs or 

street-legal ATVs. The rule allows 

certain types of ORVs (conventional 

motor vehicles, OHVs, or street-legal 

ATVs) to operate in designated ORV 

areas, on designated ORV routes, and on 

paved and unpaved roads identified in 

the GMP. 

Adoption of Non-Conflicting State 

Motor Vehicle Laws 

Existing NPS regulations at 36 CFR 

4.2 adopt state traffic and vehicle laws 

to manage the use of motor vehicles 

within NPS-administered areas, unless 

specifically addressed by NPS 

regulations. The rule implements 

specific regulations governing the use of 

ORVs in the recreation area, and allows 

the superintendent to impose additional 

closures, restrictions, or conditions to 

resolve visitor safety or resource 

protection concerns that are not 

addressed by state law. All other issues 

(e.g. license, registration, vehicle 

requirements, inspection, insurance) 

related to the use of motor vehicles in 

the recreation area will continue to be 

governed by the adopted laws and 

3806 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 

1The NPS adopts non-conflicting state traffic and 

vehicle laws. See 36 CFR 4.2. This includes state 

requirements that apply to ORVs. The responses to 

public comments 4 and 6 discuss the interplay 

between this rule and state law. This rule imposes 

one requirement that is not present under current 

Utah law—that motor vehicles must not exceed 96 

dBA at the tailpipe. This limit is consistent with 

industry recommendations (all vehicles are 

currently manufactured to meet that limit), the laws 

of several states including Arizona, Colorado and 

California, and requirements on U.S. Forest Service 

lands that adopt those state noise emission 

standards (see 36 CFR 261.15(d)). 

regulations of Arizona or Utah.1

Operators of conventional motor 

vehicles, OHVs, and street-legal ATVs 

will continue to be responsible for 

complying with all applicable Utah and 

Arizona statutes and regulations 

pertaining to the lawful operation of 

those vehicles. This rule allows OHVs to 

operate on most unpaved GMP roads. 

Because OHVs are not licensed or 

registered for operation on roads in Utah 

and Arizona in the same manner as 

street-legal ATVs or conventional motor 

vehicles, they are not subject to state 

licensing, registration, insurance, and 

equipment requirements that apply to 

street-legal vehicles when operated on 

GMP roads. Operators of OHVs on GMP 

roads must comply, however, with all 

applicable state and federal traffic 

requirements (e.g., speed limits, rules of 

the road) that apply to street-legal 

vehicles. The FEIS lists OHV operator 

and vehicle requirements for Arizona 

and Utah, as of January 13, 2017. These 

requirements are subject to change and 

the FEIS may not include all 

requirements. 

Permit Program 

The rule requires a special use permit 

to operate a motor vehicle off GMP 

roads in the recreation area. The permit 

requirement will not begin until 90 days 

after the effective date of the rule. This 

will give the NPS sufficient time to use 

public outreach and education to help 

establish the details of the permit 

program so that NPS staff and visitors 

are prepared for its implementation. 

Permits will be required for all 

designated ORV locations except for 

designated routes in Middle Moody 

Canyon, East Gypsum Canyon, Imperial 

Valley, and Gunsight Springs. The NPS 

will issue a decal with each permit that 

must be affixed to each vehicle in a 

manner and location determined by the 

superintendent. Decals will be required 

for each ORV operating in a designated 

ORV area or on a designated ORV route 

in the recreation area where a permit is 

required. Families will be able submit a 

single application for permits for 

multiple vehicles that are registered to 

members of that family. Annual permits 

will be valid for one calendar year from 

the date of issuance; shorter term 

permits will also be available and valid 

from the date of issuance for the stated 

duration of the permit. 

Permit applications (NPS Form 10– 

933, ‘‘Application for Special Use 

Permit—Vehicle/Watercraft Use’’) will 

be available on the recreation area’s 

website and at headquarters (691 Scenic 

View Drive, Page, AZ 86040), recreation 

area visitor centers, and at other 

locations designated by the 

superintendent to facilitate compliance 

with the program and for the 

convenience of the visitor. The permit 

and decal will be issued after the 

applicant reads educational materials 

and acknowledges that he or she has 

read, understood, and agrees to abide by 

the rules governing ORV use in the 

recreation area and the terms and 

conditions of the permit. Visitors will be 

able to submit permit applications 

online through the recreation area’s 

website; through the mail to the 

following address: Glen Canyon 

National Recreation Area, P.O. Box 

1507, Page, AZ 86040–1507; or in 

person at headquarters or an entrance 

station. After the NPS processes 

completed permit applications, it will 

mail or provide in person a permit to 

the applicant with instructions and 

educational materials, including a decal 

to be affixed to each permitted ORV. 

Violating the terms or conditions of any 

permit will be prohibited and may 

result in the suspension or revocation of 

the permit and the denial of future 

permits. 

To the extent practicable, the NPS 

intends to recover the costs of 

administering this permit program 

under 54 U.S.C. 103104 (Recovery of 

costs associated with special use 

permits). In order to obtain a special use 

permit to operate a motor vehicle off 

roads in the recreational area, the NPS 

may require operators to pay a fee to 

allow the NPS to recover these costs. 

The NPS may also offset costs with 

revenues from fees collected under the 

Federal Lands Recreation Enhancement 

Act (16 U.S.C. 6801–6814). The NPS 

will develop the details about fee 

collection during the 90-day delayed 

implementation period for the permit 

requirement. This will be a transparent 

process involving the public so that all 

stakeholders understand how the NPS 

will use fees to offset the costs of 

administering the permit program. 

Designated ORV Routes and Areas 

The rule prohibits ORV use other than 

on GMP roads in the recreation area, 

except on NPS-designated ORV routes 

and areas. The rule designates Lone 

Rock Beach and Lone Rock Play Area, 

21 miles of ORV routes in Ferry Swale, 

and 14 accessible shoreline ORV areas. 

One of the 13 shoreline areas identified 

in the interim ORV plans will be closed 

(Warm Creek) and two new shoreline 

areas will be opened (Nokai Canyon and 

Paiute Farms). The rule contains 

management prescriptions for each 

location, including seasons when ORVs 

are allowed, speed limits, quiet hours, 

and the types of ORVs that are allowed. 

These locations will be identified on 

maps located at headquarters (691 

Scenic View Drive, Page, AZ 86040), 

visitor contact stations, and on the 

recreation area’s website. Certain 

locations within some designated ORV 

areas are designated as vehicle-free 

zones to provide a different camping 

experience for those who prefer to be 

separated from motor vehicle use. All 

locations designated for ORV use will be 

posted with appropriate signs that 

include applicable rules and 

regulations. The lakeside boundary of 

accessible shoreline areas that are 

designated for ORV use will fluctuate 

with the level of Lake Powell, but the 

remaining (land-side) boundary of such 

areas will remain fixed. 

Operational and Vehicle Requirements 

To provide for the safety of ORV 

operators at the Lone Rock Beach Play 

Area, the rule requires the display of a 

solid red or orange safety flag that is a 

minimum of six by 12 inches in size and 

that is attached to either: 

• The ORV so that the safety flag is 

at least eight feet above the surface level 

of the ground, or 

• The protective headgear of the 

operator of a motorcycle or dirt bike so 

that the safety flag is at least 18 inches 

above the top of the operator’s head. 

To reduce the degree and geographic 

extent of impacts from vehicle noise on 

soundscapes in the recreation area, the 

rule implements a 96 dBA noise limit 

on all vehicles. Noise level will be 

measured by NPS staff using the SAE 

J1287 standard. Enforcement of this 

standard may include courtesy checks, 

checkpoints, and individual contacts. 

Measurements will be taken using 

certified equipment and protocols as is 

done with traffic radar. The rule 

requires motor vehicles to have a 

functioning muffler system. These 

requirements are in addition to state 

motor vehicle and operator 

requirements that are adopted by 36 

CFR 4.2. 

Travel on GMP Roads 

The rule will continue to allow 

conventional motor vehicles on all 

paved and unpaved GMP roads in the 

Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 3807 

recreation area. Street-legal ATVs are 

allowed to operate on paved GMP roads 

except for roads in the Lees Ferry 

Developed Area, including the Lees 

Ferry Access Road. OHVs and streetlegal ATVs are allowed to operate on 

most unpaved GMP roads. OHVs and 

street-legal ATVs are allowed on 

approximately 8 miles of the Poison 

Spring Loop in the Orange Cliffs Special 

Management Unit. The Superintendent 

may allow OHVs and street-legal ATVs 

on the upper portion of the Flint Trail 

(another unpaved GMP road), subject to 

further evaluation and compliance with 

applicable laws (as explained below). 

OHVs and street-legal ATVs are 

prohibited on all other unpaved GMP 

roads in the Orange Cliffs Special 

Management Unit. The speed limit on 

unpaved GMP roads is 25 mph or as 

posted. The speed limits on paved GMP 

roads will not change and will remain 

as currently posted. GMP roads will be 

designated and posted with road 

numbers. Signs will indicate the status 

of a road segment as open or closed to 

OHV and street-legal ATV use and will 

delineate the designated travel routes. 

Signs indicating that a GMP road is 

closed to OHVs or street-legal ATVs will 

remain in place or will be posted as 

needed. 

Superintendent’s Discretionary 

Authority 

Independent from the authority in 36 

CFR 1.5, the rule allows the 

superintendent to close or reopen 

designated areas or routes to motor 

vehicle use, or impose conditions or 

restrictions on the use of off-road motor 

vehicles after taking into consideration 

public health and safety, natural and 

cultural resource protection, lake levels, 

and other management activities and 

objectives. The superintendent must 

provide public notice of all such actions 

through one or more of the methods 

listed in 36 CFR 1.7. 

Summary of Public Comments 

The NPS published a proposed rule in 

the Federal Register on February 28, 

2018 (83 FR 8640). The NPS accepted 

comments on the rule through the mail, 

by hand delivery, and through the 

Federal eRulemaking Portal at 

www.regulations.gov. The comment 

period closed on April 30, 2018. A 

summary of the pertinent issues raised 

in the comments and NPS responses are 

provided below. Many comments on the 

proposed rule addressed the NPS’s 

evaluation of the environmental impacts 

of the preferred and other alternatives in 

the FEIS. Other comments addressed the 

range of alternatives considered in the 

FEIS. These comments are not 

addressed in this final rule because they 

raise environmental issues that were 

already considered by the NPS in the 

NEPA process. The NPS evaluated the 

environmental impacts of each 

alternative in the FEIS and explained 

the reasons for selecting Alternative E: 

Mixed Use in the ROD. The NPS did not 

identify any new significant 

environmental issues in the public 

comments on the proposed rule. 

After considering public comments 

and after additional review, the NPS 

made the following changes in the final 

rule. No other substantive changes were 

made in the final rule. 

1. The NPS clarified the definitions of 

‘‘GMP road’’ (by stating that there are no 

park roads in the recreation area other 

than GMP roads), ‘‘off-highway vehicle’’ 

(by stating that OHVs are by definition 

not licensed and registered for interstate 

travel), and ‘‘Street-legal all-terrain 

vehicle (ATV)’’ (by stating that these 

vehicles by definition must qualify 

under Arizona or Utah motor vehicle 

traffic code to operate on state roads and 

highways). 

2. The NPS clarified the requirement 

that vehicles be equipped at all times 

with noise suppression devices, 

including a working exhaust muffler in 

constant operation. 

3. The NPS changed certain 

management prescriptions in Table 1 to 

§ 7.70(f)(3)(ii) to reflect that street-legal 

ATVs are allowed in eight shoreline 

areas (Blue Notch, Bullfrog North and 

South Crosby Canyon Dirty Devil, 

Farley Canyon, Red Canyon, Stanton 

Creek, and White Canyon) from March 

2–October 31. These are the dates 

identified in the FEIS and ROD. 

4. The NPS changed the column 

headings in Table 2 to § 7.70(f)(4)(i) for 

ease of reading and to reflect that there 

are no paved roads within the Orange 

Cliffs Special Management Unit. 

5. The NPS clarified that the 8-mile 

portion of the Poison Spring Loop 

where street-legal ATVs and OHVs are 

allowed is located on Route 633 

proceeding north to Route 730. 

6. The NPS removed references to 

‘‘posted’’ quiet hours in paragraphs 

(f)(5)(vi) and (v) to avoid an 

interpretation that quiet hours must be 

posted in order for them to be 

enforceable. 

7. The NPS added references to ‘‘dirt 

bikes’’ to clarify that the requirement to 

display a safety flag on the headgear of 

a motorcycle operator also applies to the 

operator of a dirt bike. 

8. The NPS added a 25 mph speed 

limit (unless otherwise posted) for the 

use of unpaved GMP roads. The NPS 

referred to this speed limit in the 

SUPPLEMENTARY INFORMATION section of 

the proposed rule and in the FEIS. 

9. The NPS added a requirement that 

OHV operators under the age of 18 wear 

a helmet. This requirement was stated 

in the FEIS. 

10. In addition to annual permits, the 

proposed rule stated that the NPS would 

issue two-week permits valid from the 

date of issuance. Instead of specifying 

two weeks, the final rule says the NPS 

will make shorter term permits 

available. This will give the NPS 

flexibility to determine the duration of 

shorter-term permits based upon the 

conditions at the recreation area and 

experience from implementation of the 

ORV permit program. 

11. The NPS clarified that motor 

vehicles may be used in designated ORV 

areas during quiet areas for purposes of 

entering or exiting a campsite. 

12. The NPS added a statement in the 

final rule that the Superintendent may 

determine whether to allow street-legal 

ATVs or OHVs on the upper portion of 

the Flint Trail within the Orange Cliffs 

Special Management Unit. The NPS 

explains this change below in the 

response to Comment 2. 

13. The NPS inserted language 

delaying implementation of the permit 

requirement until 90 days after the 

effective date of the rule. This will allow 

the NPS to work with the public to 

develop the permit program (including 

a fee structure to offset administrative 

costs) so that visitors to the recreation 

area are prepared for its 

implementation. 

Travel on GMP Roads 

1. Comment: Several commenters 

disagreed with the proposal to allow 

conventional motor vehicles on 

unpaved GMP roads in the Orange Cliffs 

Special Management Unit. These 

commenters stated that conventional 

motor vehicles are not designed to travel 

on roads in this area and that 

modifications needed to make the roads 

passable for them would degrade the 

GMP requirement to maintain a 

primitive and undeveloped atmosphere 

in the Unit. These commenters stated 

that allowing conventional motor 

vehicles on these unpaved roads would 

substantially increase the burden of 

maintaining the roads so that they can 

be used safely. If the roads are not 

upgraded and maintained, these 

commenters stated that conventional 

motor vehicles would not be able to 

travel these roads safely and access 

popular locations within the Unit, such 

as Panorama Point. These commenters 

stated that this outcome would increase 

the cost of search and rescue activities 

3808 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 

and place visitors and first responders at 

risk. 

NPS Response: Conventional motor 

vehicle use in the Orange Cliffs area 

predates the establishment of the 

recreation area in 1972 and is an 

existing use today. Allowing visitors to 

use conventional motor vehicles on 

these roads helps the NPS achieve a 

primary objective in the GMP to allow 

year-round access to Panorama Point 

and other backcountry areas with 

spectacular views into Canyonlands 

National Park. The use of conventional 

motor vehicles in the Orange Cliffs 

Special Management Unit was 

reaffirmed in the 1995 Backcountry 

Management Plan for this area. The NPS 

and local counties perform maintenance 

on unpaved GMP roads in the Unit 

approximately 1–2 times per year in a 

manner that protects the relatively 

primitive, undeveloped atmosphere of 

the Unit. This regular maintenance 

allows conventional motor vehicles to 

use the roads, provided the vehicles 

have a high clearance and are 4-wheel 

drive capable. The NPS does not expect 

an increase in the use of these roads by 

conventional vehicles because this use 

is already allowed. The NPS also does 

not expect the continued use of 

conventional motor vehicles on these 

roads to increase the burden of 

maintaining the roads or to increase the 

cost of search and rescue (SAR) 

activities, which are jointly managed by 

the NPS and local counties, associated 

with such use. The NPS recommends 

that visitors use 4-wheel drive high 

clearance vehicles, although they are 

not required. Since 2012, the Glen 

Canyon Interagency Dispatch Center 

dispatch records show only one motor 

vehicle incident within the Unit and it 

did not involve a search and rescue. 

2. Comment: Several commenters 

requested that the NPS allow OHVs and 

street-legal ATVs on all unpaved GMP 

roads in the Orange Cliffs Special 

Management Unit. These commenters 

stated that OHVs and street-legal ATVs 

are better suited for travel on these 

roads that require high clearance 

vehicles. These commenters stated that 

OHVs and street-legal ATVs would 

allow visitors to safely recreate and 

access popular locations within the 

Unit, such as Panorama Point, without 

needing to upgrade and further develop 

the existing roads. These commenters 

stated that this outcome would better 

maintain a relatively primitive and 

undeveloped atmosphere as required by 

the GMP. 

NPS Response: This rule allows OHVs 

and street-legal ATVs to travel on an 8- 

mile section of the Poison Spring Loop 

within the Orange Cliffs Special 

Management Unit. Expanding this use 

to allow OHVs and street-legal ATVs on 

all GMP roads in the Unit would 

increase day-use traffic and noise 

disturbances in a manner that would 

make it more difficult to maintain a 

relatively primitive and undeveloped 

atmosphere. The FEIS contains a more 

detailed analysis of the potential 

impacts from OHVs and street-legal 

ATVs within the Unit. The 1995 

Backcountry Management Plan does not 

explicitly prohibit the use of OHVs and 

street-legal ATVs within the Unit, but 

directs the NPS to manage the Unit in 

the same manner as the Maze District of 

Canyonlands National Park, which 

prohibits the use of OHVs and streetlegal ATVs, to increase consistency in 

visitor use and resource protection in 

the area. The prohibition of OHVs and 

street-legal ATVs in most of the Orange 

Cliffs Special Management Unit helps 

the NPS achieve this goal. 

In response to comments raised on 

this issue, the NPS intends to evaluate 

whether OHVs or street-legal ATVs 

would be appropriate on a 15–20 mile 

upper portion of the Flint Trail, 

which—along with the Poison Spring 

Loop—is one of many unpaved GPM 

roads within the Orange Cliffs Special 

Management Unit. As part of this 

evaluation, the NPS will consider 

potential impacts to resources, visitor 

experience, and the specific 

management prescriptions for this area. 

The selected alternative in the ROD 

closes the Flint Trail to OHVs and 

street-legal ATVs, which is how this 

trail is currently managed and will 

continue to be managed by the 

Superintendent until and unless a 

different management decision is made. 

As part of this evaluation, the NPS will 

consider the potential impacts to the 

environment from opening a portion of 

this trail to OHVs and street-legal ATVs 

under NEPA and other applicable laws. 

In a change from the proposed rule in 

order to reflect the NPS’s intent to 

evaluate more access on this trail, the 

final rule states that the Superintendent 

may determine whether to allow streetlegal ATVs or OHVs on the upper 

portion of the Flint Trail within the 

Orange Cliffs Special Management Unit. 

If the Superintendent determines that, 

based on further analysis, OHVs or 

street-legal ATVs are appropriate on this 

portion of the Flint Trail, he or she will 

provide notice to the public prior to 

allowing such use. No additional 

changes to the regulations governing 

motor vehicle use at the recreation area 

will be required for the Superintendent 

to take this action. Consistent with the 

proposed rule, OHVs and street-legal 

ATVs are prohibited on all other 

unpaved GMP roads in the Orange Cliffs 

Special Management Unit. 

3. Comment: Several commenters 

objected to allowing OHVs and street 

legal ATVs on the Poison Spring Loop 

because it would compromise the 

resources, significance, and purpose of 

the Orange Cliffs Special Management 

Unit, which the GMP states should be 

managed to maintain a relatively 

primitive and undeveloped atmosphere. 

NPS Response: This rule allows OHVs 

and street legal ATVs to travel on 8- 

miles of the Poison Spring Loop (Route 

633 proceeding north to Route 730) in 

order to complete a 100-mile loop used 

by recreational OHV users, most of 

which is located within BLMadministered areas. BLM was a 

cooperating agency in the preparation of 

the FEIS and the NPS consulted with 

BLM specifically about allowing OHVs 

and ATVs on the 8-mile section of the 

Poison Springs Loop. Allowing OHVs 

and street-legal ATVs on this portion of 

the Poison Spring Loop would not 

interfere with the management objective 

to maintain a primitive and 

undeveloped atmosphere because this 

area is surrounded by cattle grazing and 

does not contain the outstanding scenic 

values found elsewhere in the Orange 

Cliffs Special Management Unit. 

4. Comment: Several commenters 

objected to the proposal to allow nonstreet legal OHVs on unpaved GMP 

roads. These commenters stated that 

OHVs are not required to have the same 

safety equipment as street-legal vehicles 

and may be operated by uninsured and 

unlicensed drivers. These commenters 

stated that the NPS is proposing to 

manage unpaved GMP roads as de facto 

ORV routes by allowing non-street legal 

OHVs to use them even though they are 

not designated under 36 CFR 4.10. 

These commenters stated that in order 

to be consistent with Utah law, the NPS 

should require operators of motor 

vehicles on all GMP roads to have a 

valid driver’s license. 

NPS Response: State laws in Arizona 

and Utah allow OHVs to be operated on 

public roads that are open to their use 

by the controlling federal agency. ARS 

28–1174.B; Utah Code Ann. 41–22.10.1. 

This rule allows OHVs on some 

unpaved GMP roads within the 

recreation area, which means the use of 

OHVs on these roads is allowed under 

state law. The NPS adopts nonconflicting state laws and regulations 

governing traffic and the operation of 

motor vehicles with NPS units. 36 CFR 

4.2. As stated above, because OHVs are 

not licensed or registered for operation 

on roads in Utah and Arizona in the 

same manner as street-legal ATVs or 

Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 3809 

conventional motor vehicles, they are 

not subject to state licensing, 

registration, insurance, and equipment 

requirements that apply to street-legal 

vehicles when operated on GMP roads. 

Operators of OHVs on GMP roads must 

comply, however, with all applicable 

state and federal traffic requirements 

(e.g., speed limits, rules of the road) that 

apply to street-legal ATVs and 

conventional motor vehicles. 36 CFR 

4.2; ARS 28–621; Utah Code 41–22.10.6. 

Operators of OHVs must also comply 

with state laws that govern the use of 

OHVs that are not considered streetlegal. In Utah, OHV operators over the 

age of 16 must possess a valid state 

driver’s license or education certificate 

and operators ages 8–15 must possess an 

education certificate. Utah Code Ann. 

41–22–30. Arizona requires operators of 

any vehicle on any road open to 2-wheel 

drive conventional motor vehicles to 

have a driver’s license. ARS 28–3151. 

This requirement applies within the 

recreation area because GMP roads are 

open to 2-wheel drive conventional 

motor vehicles. Unpaved GMP roads 

where 4-wheel drive is recommended, 

but not required, are located in Utah. 

The FEIS analyzed the safety of OHV 

use on unpaved GMP roads and 

determined that there could be an 

increased risk of accidents. Adverse 

impacts to safety are not expected to be 

significant, however, because of several 

actions the NPS is taking to mitigate 

safety risks. The NPS is reducing the 

speed limit on unpaved GMP roads to 

25 mph (unless otherwise posted) for all 

vehicle types and is requiring all OHV 

operators under the age of 18 to wear a 

helmet. The NPS will also require OHV 

users to complete an educational 

component about operational safety 

prior to obtaining an ORV permit from 

the NPS. 

5. Comment: Several commenters 

rejected the NPS’s authority to restrict 

travel on roads to which the State of 

Utah has a claim under Revised Statute 

2477 (RS 2477), including the Burr Trail 

Road and Flint Trail/Roost Road. 

NPS Response: Claims by the State of 

Utah under RS 2477 within the 

recreation area, including the Burr Trail 

Road and Flint Trail/Roost Road, have 

not been adjudicated. The NPS will 

evaluate the legal effects of any future 

court decisions regarding RS 2477 

claims at the appropriate time. 

6. Comment: One commenter objected 

to the proposal to allow street-legal 

ATVs on paved GMP roads, stating that 

mixing street-legal ATVs with 

conventional motor vehicles will 

increase traffic injuries and fatalities. 

NPS Response: Street-legal ATV use 

on GMP roads is subject to 

nonconflicting state traffic laws under 

36 CFR 4.2. The NPS defers to the 

expertise of state authorities regarding 

traffic laws, licensing, and equipment 

requirements that the state authorities 

consider necessary to ensure the safe 

operation of street-legal ATVs alongside 

conventional motor vehicles on paved 

GMP roads. 

Designated ORV Routes and Areas 

7. Comment: One commenter 

requested that OHVs be allowed in 

Farley Canyon and Blue Notch because 

they are low-use areas and would 

provide an opportunity for OHV users to 

access the water as a side trip when 

using nearby trail systems in San Juan 

County. 

NPS Response: Farley Canyon and 

Blue Notch are geographically removed 

from developed areas within the 

recreation area and provide visitors with 

an opportunity for a more quiet and 

secluded experience. The FEIS 

identifies 20 dBA as the level of ambient 

sound at the recreation area. Noise from 

OHVs and street-legal ATVs increases 

ambient sound to 23 dBA at 8,020 feet 

from the noise source. Conventional 

motor vehicle noise levels drop to 

ambient sound levels (20 dBA) only 

2,900 feet from the noise source. This 

rule allows street-legal ATVs at Farley 

Canyon and Blue Notch from March 2— 

October 31. OHVs are not allowed in 

these locations at any time during the 

year. These restrictions will reduce 

noise impacts by lowering the number 

of non-conventional motor vehicles in 

the area during certain times of the year 

and by eliminating noise from nonconventional motor vehicles at other 

times. This will help maintain a more 

quiet and secluded experience for 

visitors. 

8. Comment: Several commenters 

requested that the NPS designate a 

historic route in the Rincon Area 

leading to Lake Powell as open to motor 

vehicles. These commenters stated that 

this route has a precedent of motor 

vehicle use and is identified on several 

area maps as the only method of 

accessing the lake from the Hole in the 

Rock trail. 

NPS Response: The Rincon Road is 

located within a proposed wilderness 

area. The Wilderness Act prohibits the 

use of motor vehicles in wilderness 

areas. 16 U.S.C. 1133(c). The NPS 

manages proposed wilderness areas in a 

manner that preserves the wilderness 

character and will not diminish the 

eligibility of such areas for designation. 

9. Comment: One commenter 

suggested that all motor vehicles should 

be allowed on Warm Creek Road 

between Big Water and the Cowboy 

Corral on the way to Kelly Grade and 

Smoky Mountain. This commenter 

stated that staging at Big Water is more 

convenient than trailering ATVs 11 

miles down the road to Cowboy Corral. 

This commenter also suggested opening 

Crosby Canyon to OHVs because it is 

often washed out and impassible for 

conventional motor vehicles. 

NPS Response: Conventional motor 

vehicles, street-legal ATVs, and OHVs 

are allowed on Warm Creek Road. As a 

result, OHV and street-legal ATVs users 

may stage at Big Water and are not 

required to trailer to Cowboy Corral. 

OHVs and street-legal ATVs are 

allowed on Crosby Canyon Road to the 

end of the GMP road. Street-legal ATVs 

may access the shoreline at Crosby 

Canyon from March 2–October 31. The 

purpose of the accessible shoreline areas 

is to provide point-to-point travel from 

the end of the GMP road to the shoreline 

of Lake Powell when lake levels are 

below the end of the GMP roads. These 

areas are not intended to be ORV play 

areas. During the open season, streetlegal ATVs may choose a point-to-point 

route in the accessible shoreline areas to 

avoid locations that may be impassible 

by conventional motor vehicles. 

10. Comment: One commenter 

identified several trails in the Bullfrog 

shoreline area (three Ticaboo Mesa 

Overlook routes, and two routes leading 

out from the Bullfrog South 

Campground) and encouraged NPS to 

designate them as ORV routes, open to 

OHVs year-round. 

This commenter stated that the 

overlook routes would allow land-based 

visitors to better appreciate the stunning 

scenery of the recreation area, while 

also granting simpler access to visitors 

who desire to canyoneer and hike along 

the rim of the canyons. This commenter 

stated that the routes from the 

campground are important because they 

create a non-paved connection to the 

routes north of Bullfrog, allowing 

visitors to experience hundreds of miles 

of routes which lay just outside of the 

recreation area. 

NPS Response: This rule does not 

designate additional ORV routes near 

the Bullfrog North and South accessible 

shoreline area because conventional 

motor vehicles, OHVs, and street-legal 

ATVs may access the shoreline area on 

the unpaved GMP road which leads 

from adjacent BLM lands and connects 

to BLM roads and routes. This GMP 

road also connects to the Bullfrog North 

and South Campgrounds. Designating 

GMP roads as the primary means of 

accessing shoreline destinations, points 

of interest, and ORV routes and roads on 

adjacent lands allows the NPS to restore 

duplicative and social routes that are 

3810 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 

neither GMP roads nor designated ORV 

routes. ORV routes and areas outside the 

recreation area may be accessed from 

other non-NPS lands which are not 

affected by this rule. 

Accessibility for Certain Groups of 

People 

11. Comment: One commenter stated 

that seniors, individuals with 

disabilities, and veterans should be 

exempt from the rule. Another 

commenter suggested that if the purpose 

of allowing OHVs and street-legal ATVs 

on unpaved GMP roads is to allow 

‘‘traditionally associated people’’ to 

conduct cultural activities, then the NPS 

should allow these activities to continue 

under a special use permit or 

memorandum of understanding, rather 

than opening unpaved GMP roads to 

OHV and street-legal ATV use by the 

general public. 

NPS Response: The NPS welcomes 

visitors of all ages to the recreation area, 

including seniors, individuals with 

disabilities, and military veterans. This 

rule allows these groups to use motor 

vehicles within the recreation area in 

the same manner as other visitors. The 

NPS does not believe any groups should 

be exempt from rules that are designed 

to provide a variety of recreational 

opportunities while at the same time 

helping to maintain visitor safety and 

protect resources. 

A primary purpose of this rule is to 

provide a variety of recreational 

opportunities to all types of visitors to 

the recreation area. Allowing OHVs and 

street-legal ATVs on unpaved GMP 

roads allows access to different 

locations within the recreation area for 

activities such as sightseeing, fishing, 

canyoneering, and hiking. A special use 

permit or memorandum of 

understanding that addresses particular 

groups and specific activities would not 

be appropriate for a management action 

that is intended to provide 

opportunities for access and recreation 

to all members of the visiting public. 

Coordination With State and Local 

Governments 

12. Comment: Several commenters 

stated that the NPS created an 

adversarial relationship and failed in its 

duty to coordinate with state and local 

governments in the development of the 

proposed rule. Specifically, these 

commenters suggested that the NPS 

disregarded their viewpoint that favored 

motorized recreation within the 

recreation area. 

NPS Response: The NPS valued the 

cooperating agency relationship it 

shared with Kane, Garfield, San Juan, 

and Wayne Counties during the 

development of the FEIS. The NPS sent 

letters to the counties with information 

about the plan and held public open 

houses and cooperating agency meetings 

throughout the process. At the request 

of the counties, the NPS extended the 

deadline to review and comment on the 

DEIS twice. The NPS considered the 

recommendations of the state and local 

governments when drafting this rule 

and incorporated some of those 

recommendations. The NPS removed 

permit requirements on two small ORV 

route segments in San Juan County. The 

NPS conducted site visits with the 

counties to the Orange Cliffs Special 

Management Unit that resulted in the 

decision to allow OHVs on 8 miles of 

the Poison Spring Loop where OHVs 

had been prohibited. These are only two 

examples of changes made to the FEIS 

and the rule as a result of input received 

from the counties. In addition, based 

upon public comments on the proposed 

rule, the NPS intends to further evaluate 

the use of street-legal ATVs and OHVs 

on the upper portion of the Flint Trail. 

Collectively, these actions demonstrate 

that the NPS considered input from 

state and local governments and did not 

disregard any particular viewpoint on 

the FEIS or the proposed rule. 

Permit Program 

13. Comment: One commenter 

supported the NPS recovering all of the 

costs of administering the ORV permit 

program, including costs for start-up, 

monitoring, education, partnerships, 

and permit administration. This 

commenter requested that the NPS 

disclose the expected permit fee and 

demonstrate how fee revenues will 

offset the costs of administering the 

program. Another commenter objected 

to the permit fee requirement. 

NPS Response: The NPS will use a 

permit fee to recover costs associated 

with administering the ORV program. 

The fee will be used to offset the costs 

of permit processing, education, 

resource protection, and law 

enforcement activities related to the 

ORV program. Appendix B of the FEIS 

identifies expected business and 

administrative costs that the NPS would 

incur by implementing the selected 

action in the ROD. These include the 

costs of administering the ORV permit 

program. The NPS is allowed by law to 

recover all costs of providing necessary 

services associated with permits. 54 

U.S.C. 103104. The NPS may also offset 

some of the costs of administering the 

permit program with revenues from fees 

collected under the Federal Lands 

Recreation Enhancement Act (16 U.S.C. 

6801–6814). The NPS will announce the 

amount of the fees prior to the start of 

the permit requirement that will begin 

90 days after the effective date of the 

rule. Fee amounts will be based on the 

costs that are incurred by the NPS for 

the administration of the program. The 

NPS does not expect the permitting 

system to recover the full costs 

associated with managing an ORV 

program. 

14. Comment: Several commenters 

supported the establishment of a permit 

program conditioned upon how 

revenues are utilized. One commenter 

advocated funds be invested in 

enhanced OHV opportunities and road 

improvements, another commenter 

recommended hiring rangers to repair 

areas damaged from increased use, and 

more than one commenter requested the 

NPS hire additional law enforcement 

officers. 

NPS Response: The NPS will use fees 

to recover costs from administering the 

ORV program. Fee revenue could be 

used to maintain facilities at ORV areas, 

recover personnel costs associated with 

enforcing ORV rules, or to monitor and 

restore resources in ORV areas. The NPS 

will spend fee revenues on a case-bycase basis given the particular 

management priorities at that time. The 

NPS will share more information about 

the fee structure during the 90-day 

delayed implementation period prior to 

the start of the permit requirement. 

Motor Vehicle Requirements 

15. Comment: One commenter asked 

the NPS to prohibit the use of vehicles 

with electric motors due to the risk of 

fire. 

NPS Response: The NPS has not 

identified a risk of fire from electric 

engines that is greater than the risk of 

fire from traditional combustion 

engines. 

16. Comment: Several commenters 

questioned the basis for implementing a 

96 dBA noise limit (using the SAE J1287 

test standard) instead of using the 

standard that applies to motor vehicles 

in other NPS units. This other standard 

is set forth in 36 CFR 2.12, which 

prohibits operating a motor vehicle in a 

manner that exceeds 60 decibels 

measured on the A-weighted scale at 50 

feet. One commenter stated that the 96 

dBA standard would diminish the 

experience of non-motorized visitors 

and potentially cause hearing damage. 

NPS Response: Special regulations 

may relax a System-wide standard 

where appropriate for the uses and 

resources in a specific System unit. 36 

CFR 1.2(c). The 96 dBA noise limit is an 

established industry standard with a 

well-defined measuring protocol (SAE 

J1287) and is a practicable limit that has 

been used by other NPS units with 

Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 3811 

similar resource concerns, including 

Lake Meredith National Recreation 

Area. This limit is used by the State of 

California for their ORV programs and is 

consistent with OHV noise limits in 

Arizona. ARS 28–1179(A)(3). The 96- 

dBA limit is consistent with 

requirements set by federal and state 

agencies that manage lands adjacent to 

the recreation area, including the United 

States Forest Service. Adopting this 

standard for the recreation area will 

avoid regulations that are inconsistent 

or incompatible across jurisdictional 

boundaries. As identified in the FEIS, 

only 36.5% of the recreation area will be 

impacted by noise related to ORV 

activity. This leaves ample 

opportunities for visitors to have an 

experience free from noise from OHVs 

and street-legal ATVs and to avoid areas 

where they may have concerns about 

hearing damage. In addition, several of 

the accessible shoreline areas will be 

closed seasonally to OHVs and streetlegal ATVs. 

17. Comment: One commenter 

objected to using the SAE J1287 test 

standard, which measures vehicle 

exhaust noise at 20 inches from the 

exhaust of a stationary vehicle operating 

at half throttle. This commenter stated 

that this test will not capture the actual 

noise of motor vehicles in use at the 

recreation area, the majority of which 

will be operated above half-throttle, 

generating more than 96 dBA of noise. 

One commenter stated that the SAE 

J1287 test will be difficult to implement 

in the field due to variable conditions, 

making the 96 dBA noise requirement 

difficult to enforce, even if law 

enforcement officers are properly 

trained and equipped with noise 

monitoring equipment. 

NPS Response: SAE J1287 should be 

adequate to assess the volume of the 

primary noise source. SAE J1287 is a 

well-defined measurement protocol and 

is widely used to enforce noise 

regulations in many jurisdictions. Close 

(short distance) measurement of 

stationary vehicle noise is 

recommended for the safety of law 

enforcement officers, which allows 

them to give instructions to the vehicle 

operator and measure noise output 

while maintaining detainment or arrest 

of a suspect. Close measurements also 

allow law enforcement officers to 

measure noise without needing to move 

into undisturbed areas to collect noise 

from a distance. 

18. Comment: One commenter 

suggested that the NPS prohibit the 

modification of a vehicle in any manner 

that will amplify and otherwise increase 

total noise emissions to a level greater 

than that emitted by the motor vehicle 

as originally constructed. 

NPS Response: The practical 

application of the decibel restriction 

will result in the inability to modify 

most street-legal ATVs, OHVs, and 

conventional motor vehicles and still 

meet that restriction. The NPS is not 

concerned with the modification of 

vehicles that increase total noise 

emissions as long as they remain below 

the 96 dBA limit. 

Compliance With Other Laws, 

Executive Orders, and Department 

Policy 

Use of Off-Road Vehicles on the Public 

Lands (Executive Orders 11644 and 

11989) 

Executive Order 11644, as amended 

by Executive Order 11989, was adopted 

to address impacts on public lands from 

ORV use. The Executive Order applies 

to ORV use on federal public lands that 

is not authorized under a valid lease, 

permit, contract, or license. Section 

3(a)(4) of Executive Order 11644 

provides that ORV ‘‘[a]reas and trails 

shall be located in areas of the National 

Park System, Natural Areas, or National 

Wildlife Refuges and Game Ranges only 

if the respective agency head determines 

that off-road vehicle use in such 

locations will not adversely affect their 

natural, aesthetic, or scenic values.’’ 

Since the Executive Order clearly was 

not intended to prohibit all ORV use 

everywhere in these units, the term 

‘‘adversely affect’’ does not have the 

same meaning as the somewhat similar 

terms ‘‘adverse impact’’ and ‘‘adverse 

effect’’ used in the National 

Environmental Policy Act of 1969 

(NEPA). In analyses under NEPA, a 

procedural statute that provides for the 

study of environmental impacts, the 

term ‘‘adverse effect’’ includes minor or 

negligible effects. 

Section 3(a)(4) of the Executive Order, 

by contrast, concerns substantive 

management decisions and must be read 

in the context of the authorities 

applicable to such decisions. Glen 

Canyon National Recreation Area is an 

area of the National Park System. 

Therefore, NPS interprets the Executive 

Order term ‘‘adversely affect’’ consistent 

with its NPS Management Policies 2006. 

Those policies require that the NPS only 

allow ‘‘appropriate use’’ of parks and 

avoid ‘‘unacceptable impacts.’’ 

This rule is consistent with those 

requirements. It will not impede 

attainment of the recreation area’s 

desired future conditions for natural 

and cultural resources as identified in 

the FEIS. NPS has determined that this 

rule will not unreasonably interfere 

with the atmosphere of peace and 

tranquility or the natural soundscape 

maintained in natural locations within 

the recreation area. Therefore, within 

the context of the resources and values 

of the recreation area, motor vehicle use 

on the routes and areas designated by 

this rule will not cause an unacceptable 

impact to the natural, aesthetic, or 

scenic values of the recreation area. The 

Executive Order does not prohibit the 

NPS from managing categories of ‘‘offroad vehicles’’ differently in order to 

best protect park resources and values. 

The selected alternative in the ROD, as 

implemented by this rule, does this by 

distinguishing between conventional 

motor vehicles, OHVs, and street-legal 

ATVs, all of which fall under the 

definition of ‘‘off-road vehicle’’ in the 

Executive Order. 

Section 8(a) of the Executive Order 

requires agency heads to monitor the 

effects of ORV use on lands under their 

jurisdictions. On the basis of 

information gathered, agency heads may 

from time to time amend or rescind 

designations of areas or other actions as 

necessary to further the policy of the 

Executive Order. The preferred 

alternative in the FEIS includes 

monitoring and resource protection 

procedures and periodic review to 

provide for the ongoing evaluation of 

impacts of motor vehicle use on 

protected resources. The superintendent 

has authority to take appropriate action 

as needed to protect the resources of the 

recreation area. 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs (OIRA) in the Office of 

Management and Budget will review all 

significant rules. OIRA has determined 

that this rule is not significant. 

Executive Order 13563 reaffirms the 

principles of Executive Order 12866 

while calling for improvements in the 

nation’s regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. The 

Executive Order directs agencies to 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public 

where these approaches are relevant, 

feasible, and consistent with regulatory 

objectives. Executive Order 13563 

emphasizes further that regulations 

must be based on the best available 

science and that the rulemaking process 

must allow for public participation and 

an open exchange of ideas. We have 

3812 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 

developed this rule in a manner 

consistent with these requirements. 

Reducing Regulation and Controlling 

Regulatory Costs (Executive Order 

13771) 

Enabling regulations are considered 

deregulatory under guidance 

implementing Executive Order 13771 

(M–17–21). This rule authorizes the 

Superintendent to allow a recreational 

activity for the public to enjoy and 

experience certain areas within the 

National Park System that would 

otherwise be prohibited. 

Regulatory Flexibility Act (RFA) 

The agency certifies that this rule will 

not have a significant economic impact 

on a substantial number of small entities 

under the RFA (5 U.S.C. 601 et seq.). 

This certification is based on the costbenefit and regulatory flexibility 

analyses found in the report entitled 

‘‘Cost-Benefit and Regulatory Flexibility 

Analyses: Special Regulations of OffRoad Motor Vehicles at Glen Canyon 

National Recreation Area’’ that can be 

viewed online at on 

www.regulations.gov in Docket ID: NPS– 

2018–0001. As stated in the Regulatory 

Flexibility Analysis section of the 

report, the FEIS and rule were 

developed to maintain a diversity of 

recreational opportunities throughout 

the recreation area. Several small 

businesses catering to non-motorized 

recreational opportunities currently 

operate in the Orange Cliffs Unit. 

Because the majority of the Orange 

Cliffs Unit will remain closed to ORVs, 

impacts to these businesses are not 

anticipated. Similarly, the NPS does not 

anticipate impacts to small businesses 

in other areas of the recreation area due 

to the incremental nature of the changes 

to baseline conditions in those 

locations. Given these findings, the NPS 

certifies that there will not be a 

significant economic impact on a 

substantial number of small entities. 

The certification made by the NPS 

under the RFA also relies on the 

associated cost-benefit analysis, which 

concludes that the rule will likely 

generate positive net benefits. 

Congressional Review Act (CRA) 

This rule is not a major rule under 5 

U.S.C. 804(2), the CRA. This rule: 

(a) Does not have an annual effect on 

the economy of $100 million or more. 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, federal, state, or 

local government agencies, or 

geographic regions. 

(c) Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S. based enterprises to 

compete with foreign-based enterprises. 

Unfunded Mandates Reform Act 

(UMRA) 

This rule does not impose an 

unfunded mandate on state, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on state, local or tribal 

governments or the private sector. The 

designated ORV routes and areas are 

located entirely within the recreation 

area, and will not result in direct 

expenditure by state, local, or tribal 

governments. This rule addresses public 

use of NPS lands, and imposes no 

requirements on other agencies or 

governments. A statement containing 

the information required by the UMRA 

(2 U.S.C. 1531 et seq.) is not required. 

Takings (Executive Order 12630) 

This rule does not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630. Access to private property 

adjacent to the recreation area will not 

be affected by this rule. A takings 

implication assessment is not required. 

Federalism (Executive Order 13132) 

Under the criteria in section 1 of 

Executive Order 13132, this rule does 

not have sufficient federalism 

implications to warrant the preparation 

of a Federalism summary impact 

statement. The rule is limited in effect 

to federal lands managed by the NPS 

and will not have a substantial direct 

effect on state and local government. A 

Federalism summary impact statement 

is not required. 

Civil Justice Reform (Executive Order 

12988) 

This rule complies with the 

requirements of E.O. 12988. 

Specifically, this rule: 

(a) Meets the criteria of section 3(a) 

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

(b) Meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

Consultation With Indian Tribes 

(Executive Order 13175 and 

Department Policy) 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Indian 

Tribes through a commitment to 

consultation with Indian Tribes and 

recognition of their right to selfgovernance and tribal sovereignty. We 

have evaluated this rule under the 

criteria in Executive Order 13175 and 

under the Department’s consultation 

policy and have determined that tribal 

consultation on the rule is not required 

because the rule will have no 

substantial direct effect on federally 

recognized Indian tribes. In support of 

the Department of Interior and NPS 

commitment for government-togovernment consultation with the 19 

Native American tribes and bands 

associated with the recreation area, 

however, and as a reflection of the 

shared boundary of the recreation area 

and the Navajo Nation, the NPS has 

engaged in a continuing process of 

consultation with these tribes and 

bands. This consultation has taken the 

form of correspondence, phone 

conversations, and meetings during the 

preparation of the FEIS. 

Paperwork Reduction Act (PRA) 

This rule does not contain any new 

collections of information that require 

approval by the Office of Management 

and Budget (OMB) under the PRA. OMB 

has approved the information collection 

requirements associated with NPS Form 

10–933, ‘‘Application for Special Park 

Use Permit–Vehicle/Watercraft Use’’ 

and has assigned OMB Control Number 

1024–0026 (expires 11/30/20 and in 

accordance with 5 CFR 1320.10, the 

agency may continue to conduct or 

sponsor this collection of information 

while the submission is pending at 

OMB). We estimate the annual burden 

associated with Forms 10–933 under 

this information collection to be 12,998 

hours per year. An agency may not 

conduct or sponsor and a person is not 

required to respond to a collection of 

information unless it displays a 

currently valid OMB control number. 

National Environmental Policy Act of 

1969 (NEPA) 

This rule constitutes a major Federal 

action significantly affecting the quality 

of the human environment. We have 

prepared the FEIS and ROD under the 

NEPA. The FEIS and ROD are available 

online at http://parkplanning.nps.gov/ 

glca-orvplan, and then clicking on the 

link entitled ‘‘Document List’’. 

Effects on the Energy Supply (Executive 

Order 13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211; the rule is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy, 

and the rule has not otherwise been 

designated by the Administrator of 

Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 3813 

OIRA as a significant energy action. A 

Statement of Energy Effects is not 

required. 

List of Subjects in 36 CFR Part 7 

National Parks, Reporting and 

recordkeeping requirements. 

In consideration of the foregoing, the 

NPS amends 36 CFR part 7 as follows: 

PART 7—SPECIAL REGULATIONS, 

AREAS OF THE NATIONAL PARK 

SYSTEM 

■ 1. The authority citation for part 7 

continues to read as follows: 

Authority: 54 U.S.C. 100101, 100751, 

320102; Sec. 7.96 also issued under D.C. 

Code 10–137 and DC Code 50–2201.07. 

■ 2. In § 7.70, add paragraph (f) to read 

as follows: 

§ 7.70 Glen Canyon National Recreation 

Area. 

* * * * * 

(f) Motor vehicle use. Operating a 

motor vehicle is allowed within the 

boundaries of Glen Canyon National 

Recreation Area under the conditions in 

this paragraph (f). 

(1) What terms do I need to know? In 

addition to the definitions found in § 1.4 

of this chapter, the following definitions 

apply to this paragraph (f) only: 

Conventional motor vehicle means 

any motor vehicle that is designed 

primarily for operation on streets and 

highways, and that is licensed and 

registered for interstate travel. 

Automobiles, vans, highway 

motorcycles (including dual-sports 

motorcycles licensed for use on a 

highway), sport utility vehicles (SUVs), 

recreational vehicles (RVs), pickup 

trucks, and buses are examples of 

conventional motor vehicles. 

GMP road means a paved or unpaved 

park road that is identified in the Glen 

Canyon 1979 General Management Plan 

as open to motor vehicle travel. There 

are no park roads within the recreation 

area other than GMP roads. 

Off-highway vehicle (OHV) means any 

motor vehicle designed primarily for 

off-road travel that is not licensed and 

registered for interstate travel. ATVs 

(excluding street legal ATVs, as defined 

below), dirt bikes, sand rails, side-bysides, and dune buggies are examples of 

OHVs. 

Orange Cliffs Special Management 

Unit means the area identified as the 

Orange Cliffs Special Management Unit 

in the Canyonlands National Park and 

Orange Cliffs Unit of Glen Canyon 

National Recreation Area Backcountry 

Management Plan (NPS 1995). 

Street-legal all-terrain vehicle (ATV) 

means an ATV that qualifies under 

Arizona or Utah motor vehicle and 

traffic code to be operated on state roads 

and highways. 

(2) Off-road motor vehicle permit 

requirement. (i) The provisions in this 

paragraph (f)(2) are effective beginning 

on April 15, 2021. 

(ii) A special use permit issued and 

administered by the superintendent is 

required to operate a motor vehicle off 

GMP roads at designated locations in 

the recreation area. Operating a motor 

vehicle off GMP roads in the recreation 

area without a permit is prohibited 

except for designated ORV routes that 

do not require a permit as indicated in 

Table 1 to paragraph (f)(3)(ii). 

(iii) Annual permits are valid for one 

calendar year from the day they are 

issued. Shorter-term permits are valid 

from the day issued for the stated 

duration of the permit. 

(iv) A permit applicant must 

acknowledge that he or she understands 

and agrees to abide by the rules 

governing off-road vehicle use in the 

recreation area. 

(v) Each motor vehicle permitted to 

operate off GMP roads must display an 

NPS decal issued by the superintendent 

and affixed to the vehicle in a manner 

and location specified by the 

superintendent. 

(vi) Permits may be requested at 

recreation area headquarters, recreation 

area visitor centers, on the recreation 

area’s website, or at other locations 

designated by the superintendent. 

(vii) Violating any term, condition, or 

requirement of an off-road vehicle 

permit is prohibited and may result in 

the suspension or revocation of the 

permit and the denial of future permits, 

in addition to the penalties provided by 

§ 1.3 of this chapter. 

(3) Designated off-road motor vehicle 

locations. (i) The operation of a motor 

vehicle off GMP roads within the 

recreation area is prohibited except at 

the locations designated by this 

paragraph (f). Designated locations and 

vehicle-free zones are identified on 

maps available at the recreation area 

headquarters, visitor contact stations, 

and on the recreation area’s website. 

(ii) Motor vehicles may be used off 

GMP roads at the locations and subject 

to the management prescriptions in 

Table 1 to paragraph (f)(3)(ii), except for 

vehicle-free zones where off-road 

vehicle use is prohibited. Permit 

requirements in Table 1 to paragraph 

(f)(3)(ii) are effective beginning on April 

15, 2021. 

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

Designated area or route for 

off-road motor vehicle use 

Approximate 

size Management prescriptions 

Lone Rock Beach ..................... 250 acres ....... • 15 mph speed limit (unless otherwise posted). 

• Vehicle-free zone as posted. 

• Conventional motor vehicles, street-legal ATVs, and OHVs allowed with ORV permit. 

• Quiet hours between 10 pm and 6 am or as designated by superintendent. 

Lone Rock Beach Play Area .... 180 acres ....... • Conventional motor vehicles, street-legal ATVs, and OHVs allowed with ORV permit. 

• OHVs required to display a red or orange safety flag at least six by 12 inches in size that 

is located at least eight feet off the ground, or at least 18 inches above the top of the protective headgear of a motorcycle or dirt bike operator. 

• Quiet hours between 10 pm and 6 am or as designated by superintendent. 

Blue Notch ................................ 325 acres ....... • Street-legal ATVs allowed with ORV permit from March 2–October 31. 

• Conventional motor vehicles allowed with ORV permit year-round. 

• 15 mph speed limit (unless otherwise posted). 

• Quiet hours between 10 pm and 6 am or as designated by superintendent. 

Bullfrog North and South .......... 2,250 acres .... • Street-legal ATVs allowed with ORV permit from March 2–October 31. 

• Conventional motor vehicles allowed with ORV permit year-round. 

• 15 mph speed limit (unless otherwise posted). 

• Quiet hours between 10 pm and 6 am or as designated by superintendent. 

• Vehicle-free zone as posted. 

Copper Canyon ......................... 30 acres ......... • Conventional motor vehicles and street-legal ATVs allowed with ORV permit year-round. 

• 15 mph speed limit (unless otherwise posted). 

• Quiet hours between 10 pm and 6 am or as designated by superintendent. 

3814 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 

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

Designated area or route for 

off-road motor vehicle use 

Approximate 

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 yearround. 

• 25 mph speed limit (unless otherwise posted). 

Middle Moody Canyon Trailhead.2 miles ............ • Conventional motor vehicles, street-legal ATVs and OHVs allowed year-round. 

• ORV permit not required. 

• 25 mph speed limit (unless otherwise posted). 

East Gypsum Canyon Overlook 1.2 miles ......... • Conventional motor vehicles, street-legal ATVs and OHVs allowed year-round. 

• ORV permit not required. 

• 25 mph speed limit (unless otherwise posted). 

Imperial Valley .......................... 0.75 miles ....... • Conventional motor vehicles, street-legal ATVs and OHVs allowed year-round. 

• ORV permit not required. 

• 25 mph speed limit (unless otherwise posted). 

Gunsight Springs Trailhead ...... 1 mile .............. • Conventional motor vehicles, street-legal ATVs and OHVs allowed year-round. 

• ORV permit not required. 

• 25 mph speed limit (unless otherwise posted). 

(4) On-road motor vehicle use. (i) The 

operation of a motor vehicle on GMP 

roads is prohibited except as set forth in 

Table 2 to paragraph (f)(4)(i): 

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

Type of motor vehicle Allowed on paved GMP 

roads 

Allowed on unpaved GMP 

roads outside the Orange 

Cliffs Special Management 

Unit 

Allowed on unpaved GMP roads within the Orange 

Cliffs Special Management Unit 

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

Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 3815 

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

Type of motor vehicle Allowed on paved GMP 

roads 

Allowed on unpaved GMP 

roads outside the Orange 

Cliffs Special Management 

Unit 

Allowed on unpaved GMP roads within the Orange 

Cliffs Special Management Unit 

Street-legal ATV .................. Yes (except for the Lees 

Ferry Developed Area).

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. 

OHV ..................................... No ...................................... Yes .................................... Yes, on Route 633 proceeding north to Route 730, an 

8-mile portion of the Poison Spring Loop and on the 

upper portion of the Flint Trail if designated by the 

Superintendent under paragraph (4)(ii) below. 

(ii) The Superintendent may 

determine whether street-legal ATVs or 

OHVs are allowed on a 15–20 mile 

section of an unpaved GMP road known 

as the upper portion of the Flint Trail 

within the Orange Cliffs Special 

Management Unit pursuant to paragraph 

(f)(6) of this section. Except on the 

portion of the Poison Spring Loop 

identified in Table 2 to paragraph 

(f)(4)(i) and as may be allowed by the 

Superintendent on the upper portion of 

the Flint Trail, street-legal ATVs and 

OHVs are prohibited on unpaved GMP 

roads in the Orange Cliffs Special 

Management Unit. 

(5) Motor vehicle and operator 

requirements. (i) Motor vehicles must be 

equipped at all times with noisesuppression devices, including an 

exhaust muffler in good working order 

and in constant operation. Operating a 

motor vehicle that emits more than 96 

decibels of sound (using the SAE J1287 

test standard) is prohibited. Creating or 

sustaining unreasonable noise 

considering the nature and purpose of 

the actor’s conduct, impact on park 

users, location, and other factors that 

would govern the conduct of a 

reasonably prudent person is 

prohibited. 

(ii) All motor vehicles operating in 

Lone Rock Beach Play Area must be 

equipped with a solid red or orange 

safety flag that is a minimum of six by 

12 inches in size and that is attached to 

the vehicle so that the safety flag is at 

least eight feet above the surface of the 

level ground, or attached to the 

protective headgear of a person 

operating a motorcycle or dirt bike so 

that the safety flag is at least 18 inches 

above the top of the person’s headgear. 

Operating a motor vehicle without a 

safety flag at Lone Rock Beach Play Area 

is prohibited. 

(iii) Operating a motor vehicle in 

excess of 15 mph (unless otherwise 

posted) at the following off-road motor 

vehicle locations—Lone Rock Beach, 

Blue Notch, Bullfrog North and South, 

Copper Canyon, Crosby Canyon, Dirty 

Devil, Farley Canyon, Hite Boat Ramp, 

Neskahi, Nokai Canyon, Paiute Canyon, 

Paiute Farms, Red Canyon, Stanton 

Creek, and White Canyon—is 

prohibited. 

(iv) Operating a motor vehicle in 

excess of 25 mph (unless otherwise 

posted) on unpaved GMP roads and on 

off-road motor vehicle routes in Ferry 

Swale, Middle Moody Canyon 

Trailhead, East Gypsum Canyon 

Overlook, Imperial Valley, and Gunsight 

Springs Trailhead is prohibited. 

(v) Operating a motor vehicle within 

a designated off-road motor vehicle area 

during quiet hours with the exception of 

entering and exiting a campsite is 

prohibited. 

(vi) Operating a generator or audio 

device, such as a radio, deck or compact 

disc player, within a designated off-road 

motor vehicle area during quiet hours is 

prohibited. During the hours of 

permitted operation, generators must be 

adequately muffled and not create 

excessive noise as defined in 36 CFR 

2.12(a)(1). 

(vii) Operating a motor vehicle within 

a posted ‘‘vehicle-free’’ zone is 

prohibited. 

(viii) Operating an OHV under the age 

of 18 without a helmet is prohibited. 

(6) Superintendent’s authority. (i) The 

superintendent may close or reopen 

designated areas or routes to motor 

vehicle use, or impose conditions or 

restrictions on the use of off-road motor 

vehicles after taking into consideration 

public health and safety, natural and 

cultural resource protection, lake levels, 

and other management activities and 

objectives. 

(ii) The superintendent will provide 

public notice of all such actions through 

one or more of the methods listed in 

§ 1.7 of this chapter. 

(iii) Violating any such closure, 

condition, or restriction is prohibited. 

(iv) The superintendent may suspend 

or revoke an existing permit, and may 

deny future applications for an off-road 

motor vehicle permit, based upon 

violations of any such closure, 

condition, or restriction. 

George Wallace, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2020–28464 Filed 1–14–21; 8:45 am] 

BILLING CODE 4312–52–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

37 CFR Part 1 

[Docket No. PTO–P–2019–0009] 

RIN 0651–AD33 

Small Entity Government Use License 

Exception 

Correction 

In rule document C1–2020–27049 

appearing on page 2542 in the issue of 

Wednesday, January 13, 2021, the 

correction is withdrawn. 

[FR Doc. C2–2020–27049 Filed 1–14–21; 8:45 am] 

BILLING CODE 1301–00–D 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

37 CFR Part 42 

[Docket No. PTO–P–2019–0011] 

RIN 0651–AD34 

Rules of Practice To Allocate the 

Burden of Persuasion on Motions To 

Amend in Trial Proceedings Before the 

Patent Trial and Appeal Board 

Correction 

In rule document C1–2020–28159 

appearing on page 2542 in the issue of 

Wednesday, January 13, 2021, the 

correction is withdrawn. 

[FR Doc. C2–2020–28159 Filed 1–14–21; 8:45 am] 

BILLING CODE 1301–00–D