[Federal Register Volume 65, Number 228 (Monday, November 27, 2000)]
[Proposed Rules]
[Pages 70674-70675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29119]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Chapter I


Negotiated Rulemaking Advisory Committee for Off-Road Driving 
Regulations at Fire Island National Seashore

AGENCY: National Park Service, Interior.

ACTION: Notice of intent to establish a negotiated rulemaking advisory 
committee.

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SUMMARY: The Secretary of the Interior is giving notice of his intent 
to establish the Negotiated Rulemaking Advisory Committee for Off-Road 
Driving Regulations at Fire Island National Seashore to negotiate and 
develop a proposed rule revising off-road vehicle use regulations at 
Fire Island National Seashore.

DATES: Interested persons are invited to comment on the proposal to 
create this Committee. In addition, any persons who believe that they 
will be affected significantly by the proposed rule and who believe 
their interests will not be represented adequately by the persons 
identified in this Notice of Intent are invited to apply for or 
nominate another person for membership on the Committee. Each 
application must contain the information described in the ``Application 
for Membership'' section below. Applications or nominations for 
membership on the Committee must be received by close of business on 
December 27, 2000.

ADDRESSES: Comments and applications for membership should be submitted 
to Constantine J. Dillon, Superintendent, Fire Island National 
Seashore, 120 Laurel Street, Patchogue, New York 11772. Comments and 
applications received will be available for inspection at the address 
listed above from 8 a.m., to 4:30 p.m., EST, Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Constantine J. Dillon, Superintendent, 
Fire Island National Seashore, 120 Laurel Street, Patchogue, New York 
11772; 631-289-4810, extension 225.

SUPPLEMENTARY INFORMATION: The Secretary has determined that the 
establishment of this committee is in the public interest and supports 
the National Park Service in performing its duties and responsibilities 
under the National Park Service Organic Act, 16 U.S.C. 1 et seq; the 
Endangered Species Act, 16 U.S.C. 1531 et seq; and the Fire Island 
National Seashore Act, 16 U.S.C. 459e et seq. Copies of the committee's 
charter will be filed with the appropriate committees of Congress and 
with the Library of Congress in accordance with section 9(c) of the 
Federal Advisory Committee Act, 5 U.S.C. Appendix. Establishment of the 
Committee is in accordance with the Negotiated Rulemaking Act of 1990, 
5 U.S.C. 564,
    The Committee will attempt, via face-to-face negotiations, to reach 
consensus on concepts and language to use as the basis for a proposed 
rule to be published by the NPS in the Federal Register that would 
revise existing regulations codified at 36 CFR 7.20. The existing 
regulations have not been effective in resolving longstanding and 
controversial resource management and public use conflicts at the 
Seashore. With the participation of knowledgeable, affected parties, 
NPS expects to develop a practical approach to addressing these 
management and public use issues involving the protection of beach 
environments, their associated floral and faunal communities, and the 
public's desire for access to Federal lands by motorized vehicles for 
access to homes and businesses on the island.

Scope of the Proposed Rule

    Within the constraints of NPS statutory responsibilities to 
preserve natural and cultural resources and to provide for their 
enjoyment, the Committee will evaluate and address key issues 
including, but not limited to, the designation of specific off-road 
vehicle routes and areas; the periods of the year and times of day 
during which off-road vehicles may be operated; the number and type of 
vehicles; procedures for permits; and other conditions that govern the 
operation of off-road vehicles at Fire Island National Seashore. It is 
anticipated that the Committee will develop proposed regulations in all 
of the above-referenced areas.

List of Interests Significantly Affected

    The National Park Service has identified a number of interests who 
are likely to be affected significantly by the rule. Those parties are 
residents of Fire Island; conservation and environmental organizations; 
recreational fishing organizations; off-road vehicle organizations; 
local town governments; commercial interests; and Federal, State and 
regional land use management and wildlife management agencies. Other 
parties who believe they are likely to be affected significantly by the 
rule may apply for membership on the Committee pursuant to the 
``Application for Membership'' section below.

Proposed Agenda and Schedule for Publication of Proposed Rule

    Members of the Committee, with the assistance of a neutral 
facilitator, will determine the agenda for the Committee's work. The 
National Park Service expects to publish a proposed rule in the Federal 
Register before January 1, 2002.

Records of Meetings

    In accordance with the requirements of the Federal Advisory 
Committee Act, 5 U.S.C. Appendix 1994, the National Park Service will 
keep a record of all Committee meetings.

Administrative Support

    To the extent authorized by law, the National Park Service will 
fund the costs of the Committee and provide administrative support and 
technical assistance for the expertise in resource management and 
operations to facilitate the Committee's work.

[[Page 70675]]

Committee Membership

    In accordance with the Negotiated Rulemaking Act, membership is 
limited to 25. The following membership is proposed for the Negotiated 
Rulemaking Advisory Committee for Off-Road Driving Regulations at Fire 
Island National Seashore.
    1. The interests of the Department of the Interior will be 
represented by:
    a. National Park Service--Constantine J. Dillon, Superintendent, 
Fire Island National Seashore.
    Alternate--Barry Sullivan, Deputy Superintendent, Fire Island 
National Seashore.
    2. The interests of environmental organizations and visitors will 
be represented by:
    a. Environmental Organizations.
    (1) Art Cooley, Trustee, Environmental Defense Fund.
    Alternate--Joe Zysman, Fire Island Wilderness Committee.
    (2) Jack Finkenberg, Vice President, Great South Bay Audubon 
Society.
    Alternate--James Seymour, Fire Island Ecology Coalition.
    b. Visitors: Lee Snead, Visitors Representative at Large.
    Alternate--None.
    3. The interests of the essential services will be represented by:
    a. Utility Companies: Ed Fanning, Supervisor, Bell Atlantic.
    Alternate--None.
    b. Garbage Carters: Barry Weatherall, Carters Representative at 
Large.
    Alternate--Peter Vogel, Carters Representative at Large.
    c. Suffolk County Water Authority: Robert Murray, Director of 
Production and Control, Suffolk County Water Authority.
    Alternate--Paul Kuzman, Deputy Director, Suffolk County Water 
Authority.
    d. Fire Island Fire Chiefs Council: Robert Thornberg, President, 
Fire Island Fire Chiefs Council.
    Alternate--None.
    e. Suffolk County Police: Peter J. Quinn, Commanding Officer, 
Marine Bureau.
    Alternate--Robert Muller, Captain, Marine Bureau.
    f. Fire Island Law Enforcement Council: Ed Paradiso, Co-
Chairperson, Fire Island Law Enforcement Council.
    Alternate--Joseph Loeffler, Co-Chairperson, Fire Island Law 
Enforcement Council.
    4. Commercial businesses, transportation, and contracting interests 
will be represented by:
    a. On-Island Contractors: Forrest Clock, On-Island Contractors 
Representative at Large.
    Alternate--None.
    b. Off-Island Contractors: Donald Quenzer, Off-Island Contractors 
Representative at Large.
    Alternate--James Wikso, Off-Island Contractors Representative at 
Large.
    c. Barge/Freight Companies: Thomas Esposito, Barge/Freight 
Companies Representative at Large.
    Alternate--Steven Young, Barge/Freight Companies Representative at 
Large.
    d. Ferry Companies: George Hafele, Ferry Companies Representative 
at Large.
    Alternate--Luke Kaufman, Ferry Companies Representative at Large.
    5. The interests of local town governments and residents will be 
represented by:
    a. West End Representatives.
    (1) Suzie Goldhirsch, West End Visitors Representative at Large.
    Alternate--Beverly Jerome, West End Visitors Representative at 
Large.
    (2) Thomas Schwarz, West End Visitors Representative at Large.
    Alternate--Arthur Weinstein, West End Visitors Representative at 
Large.
    b. East End Representative: John Lund, East End Visitors 
Representative at Large.
    Alternate--Marc Ostfield, East End Visitors Representative at 
Large.
    c. Year-Round and Seasonal Residents: Gerard Stoddard, President, 
Fire Island Association.
    Alternate--None.
    d. Year-Round Residents: Kevin Gillespie, President, Fire Island 
Year Round Resident Association.
    Alternate--Beatrice Thornberg, Member, Fire Island Year Round 
Resident Association.
    e. Town of Islip: Ernie Cannava, Attorney, Town of Islip.
    Alternate--Sadat Beqaj, Chairperson, Town of Islip Advisory Board.
    f. Town of Brookhaven: Jeffrey Kassner, Director, Division of 
Environmental Protection.
    Alternate--Anthony Graves, Assistant Director, Division of 
Environmental Protection.
    g. Village of Saltaire: Anna Hannon Gill, Village Trustee.
    Alternate--Scott Rosenblum, Village Trustee.
    h. Village of Ocean Beach: James Mallott, Village Trustee.
    Alternate--Andrew Miller, Village Trustee.

Application for Membership

    Persons who believe that they will be affected significantly by 
proposals to revise off-road vehicle use regulations at Fire Island 
National Seashore and who believe that interests will not be 
represented adequately by any person identified in the ``Committee 
Membership'' section above, may apply for or nominate another person 
for membership on the Negotiated Rulemaking Advisory Committee for Off-
Road Driving Regulations at Fire Island National Seashore. In order to 
be considered, each application or nomination must include:
    1. The name of the applicant or nominee and a description of the 
interest(s) such person is to represent;
    2. Evidence that the applicant or nominee is authorized to 
represent parties related to the interest(s) the person is proposed to 
represent;
    3. A written commitment that the applicant or nominee will actively 
participate in good faith in the development of the proposed rule; and
    4. The reasons that the proposed members of the committee 
identified above do not represent the interests of the person 
submitting the application or nomination.

To be considered, the application must be complete and received by the 
close of business on December 27, 2000, at the location indicated in 
the ADDRESSES section above. Full consideration will be given to all 
applications and nominations timely submitted. The decision whether or 
not to add a person to the Negotiated Rulemaking Advisory Committee for 
Off-Road Driving Regulations at Fire Island National Seashore will be 
based on a determination by the National Park Service whether an 
interest of that person will be affected significantly by the proposed 
rule; whether that interest is already represented adequately on the 
Committee, and if not, whether the applicant or nominee would represent 
it adequately.

Certification

    I hereby certify that the administrative establishment of the 
Negotiated Rulemaking Advisory Committee for Off-Road Driving 
Regulations at Fire Island National Seashore is necessary and in the 
public interest in connection with the performance of duties imposed 
on the Department of the Interior by the Act of August 25, 1916, 16 
U.S.C. 1 et seq., and other statutes relating to the administration 
of the National Park System.

    Dated: October 25, 2000.
Bruce Babbitt,
Secretary of the Interior.
[FR Doc. 00-29119 Filed 11-24-00; 8:45 am]
BILLING CODE 4310-70-U