Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Proposed Rules 75511 

updates would be published in the next 

update to FAA Order JO 7400.11. That 

order is publicly available as listed in 

the ADDRESSES section of this document. 

FAA Order JO 7400.11J lists Class A, 

B, C, D, and E airspace areas, air traffic 

service routes, and reporting points. 

Background 

The airspace proposed within this 

action would lie within and under the 

Fallon South 4 Military Operations 

Area, which is non-regulatory special 

use airspace. Additionally, VFR Military 

Training Route (VR)–208 transitions 

through the proposed Class E airspace 

from point ‘‘F’’ to point ‘‘G,’’ between 

the altitudes of 200 feet above ground 

level and 12,000 feet mean sea level, 10 

miles on either side of the centerline. 

The Proposal 

The FAA is proposing an amendment 

to 14 CFR part 71 that would establish 

Class E airspace extending upward from 

700 feet above the surface at Austin 

Airport, Austin, NV. 

The proposed airspace is centered on 

the Austin Airport Reference Point and 

includes that airspace within a 3.5-mile 

radius, as well as three extensions due 

to rising terrain to the north and 

southwest of the airport. The Class E 

airspace should include an expanded 

radius and extension to the north to 

contain departing IFR aircraft until 

reaching 1,200 feet above the surface 

and arriving IFR aircraft less than 1,500 

feet above the surface. It should also be 

extended to the southwest to contain 

departing IFR aircraft until reaching 

1,200 feet above the surface. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore: (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a regulatory evaluation as 

the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, will 

not have a significant economic impact 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11J, 

Airspace Designations and Reporting 

Points, dated July 31, 2024, and 

effective September 15, 2024, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ANM NV E5 Austin, NV [New] 

Austin Airport, NV 

(Lat. 39°28′05′′ N, long. 117°11′51′′ W) 

That airspace extending upwards from 700 

feet above the surface within a 3.5-mile 

radius of the airport, within 1.1 miles west 

and 1.6 miles east of the airport’s 021° 

bearing extending to 8.2 miles north of the 

airport, within 2.2 miles on either side of the 

airport’s 203° bearing extending to 7.9 miles 

southwest of the airport, and within the 

airport’s 317° bearing clockwise to the 012° 

bearing extending from the airport’s 3.5-mile 

radius to its 6.3-mile radius. 

* * * * * 

Issued in Des Moines, Washington, on 

September 9, 2024. 

B.G. Chew, 

Group Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2024–20918 Filed 9–13–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

[NPS–GLCA–NPS0038209 

PPIMGLCAA0.PPMPSAS1Z.Y00000– 

244P10361] 

RIN 1024–AE91 

Glen Canyon National Recreation Area; 

Motor Vehicles 

AGENCY: National Park Service, Interior. 

ACTION: Proposed rule. 

SUMMARY: The National Park Service 

proposes to amend special regulations 

for the Glen Canyon National Recreation 

Area to update rules about the use of 

motor vehicles on roads and off roads 

on designated routes and areas. 

DATES: Comments must be received by 

November 15, 2024. Information 

Collection Requirements: If you wish to 

comment on the information collection 

requirements in this proposed rule, 

please note that the Office of 

Management and Budget (OMB) is 

required to decide on the collection of 

information contained in this proposed 

rule between 30 and 60 days after 

publication of this proposed rule in the 

Federal Register. Therefore, comments 

should be submitted to OMB by 

November 15, 2024. 

ADDRESSES: You may submit comments, 

identified by the Regulation Identifier 

Number (RIN) 1024–AE91, by any of the 

following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: https://

www.regulations.gov/. Follow the 

instructions for submitting comments. 

(2) By hard copy: Mail to: 

Superintendent, Glen Canyon National 

Recreation Area, P.O. Box 1507, Page, 

Arizona 86040. 

Instructions: Comments will not be 

accepted by fax, email, or in any way 

other than those specified above. All 

submissions received must include the 

words ‘‘National Park Service’’ or 

‘‘NPS’’ and must include the docket 

number or RIN (1024–AE91) for this 

rulemaking. Comments received may be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. The 

NPS will not accept bulk comments in 

any format (hard copy or electronic) 

submitted on behalf of others. The scope 

of this rule is limited to the specific 

changes to existing regulations proposed 

in this document. The NPS will not 

consider comments that address aspects 

of existing regulations that would not 

being changed by this proposed rule. 


lotter on DSK11XQN23PROD with PROPOSALS1
75512 Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Proposed Rules 

Docket: For access to the docket to 

read comments received, go to https:// 

www.regulations.gov/ and search for 

‘‘1024–AE91.’’ 

Information Collection Requirements: 

Written comments and suggestions on 

the information collection requirements 

should be submitted by the date 

specified above in DATES to https://

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

Review—Open for Public Comments’’ or 

by using the search function. Please 

provide a copy of your comments to the 

NPS Information Collection Clearance 

Officer (ADIR–ICCO), 13461 Sunrise 

Valley Drive (MS–244), Herndon, VA 

20171 (mail); or phadrea_ponds@

nps.gov (email). Please include ‘‘1024– 

AE91’’ in the subject line of your 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Kerns, Superintendent, Glen 

Canyon National Recreation Area, P.O. 

Box 1507, Page, Arizona 86040, by 

phone at 928–608–6210, or by email at 

GLCA_Superintendent@nps.gov. 

Individuals in the United States who are 

deaf, deafblind, hard of hearing, or have 

a speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. In 

compliance with the Providing 

Accountability Through Transparency 

Act of 2023, the plain language 

summary of the proposal is available on 

Regulations.gov in the docket for this 

rulemaking. 

SUPPLEMENTARY INFORMATION: 

Background 

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. These general 

authorities allow the NPS to regulate the 

use of motor vehicles within the 

recreation area, both on roads and off 

roads in designated routes and areas. 

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, in 

part, 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 proposed rule would 

implement regulatory changes for 

certain areas 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. The 

proposed changes to motor vehicle use 

on roads within the recreation area are 

not subject to the requirements in 36 

CFR 4.10(b) and the Executive Orders. 

Paved and unpaved roads within the 

recreation area are referred to in this 

rule and defined in the regulations as 

‘‘GMP roads’’ because they are 

identified in the recreation area’s 1979 

General Management Plan as open to 

motor vehicle traffic. There are no roads 

within the recreation area other than 

GMP roads. 

Current Motor Vehicle Use in the 

Recreation Area 

In 2021, the NPS promulgated special 

regulations addressing the use of motor 

vehicles within the recreation area (86 

FR 3804). These regulations are codified 

at 36 CFR 7.70(f) and address the use of 

conventional motor vehicles, offhighway vehicles (OHVs), and streetlegal all-terrain vehicles (ATVs). The 

regulations establish rules for the use of 

motor vehicles on paved and unpaved 

GMP roads and off roads in designated 

areas and routes. The regulations also 

contain a permit requirement for offroad motor vehicle use, motor vehicle 

and operator requirements, and provide 

the superintendent with a specific 

discretionary authority to establish 

closures, conditions, and restrictions on 

off-road motor vehicle use after taking 

into consideration public health and 

safety, natural and cultural resource 

protection, lake levels, and other 

management activities and objectives. 

Litigation and Settlement Agreement 

National Parks Conservation 

Association filed a Complaint 

challenging the special regulations on 

January 19, 2021, which they 

subsequently amended on April 16, 

2021. More than two years later, 

Southern Utah Wilderness Alliance 

filed a Complaint on March 15, 2023, 

which it subsequently amended on 

August 7, 2023. The Court consolidated 

the two matters and stayed the cases for 

settlement discussions among the 

parties. The Parties executed a 

Settlement Agreement on March 26, 

2024. The court subsequently entered an 

Order dismissing the cases on April 10, 

2024. As part of the Settlement, the NPS 

agreed to propose revisions to the 

existing special regulations. 

Proposed Rule 

This rule would make the following 

changes to the existing special 

regulations in 36 CFR 7.70(f). 

Two changes would address OHV and 

street-legal ATV use in the Orange Cliffs 

Special Management Unit, defined in 

the existing regulations as the area 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Proposed Rules 75513 

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). The rule would prohibit the use 

of OHVs and street-legal ATVs on an 8- 

mile segment of the Poison Spring Loop 

located on Route 633 proceeding north 

to Route 730 in the Orange Cliffs Special 

Management Unit, identified in Table 2 

to paragraph (f)(4)(i) in the existing 

special regulations. The rule would also 

eliminate the superintendent’s authority 

to potentially allow OHVs and streetlegal ATVs on the upper portion of the 

Flint Trail in the Orange Cliffs Special 

Management Unit, identified in Table 2 

to paragraph (f)(4)(i) in the existing 

special regulations. 

Three other changes would address 

off-road vehicle use in areas that allow 

for access from GMP roads to the 

shoreline of the lake, referred to as 

shoreline access areas. 

One change would affect the 

following 10 shoreline access areas that 

are identified in table 1 to paragraph 

(f)(3)(ii) of the existing special 

regulations: Lone Rock Beach, Blue 

Notch, Bullfrog North and South, 

Crosby Canyon, Dirty Devil, Farley 

Canyon, Hite Boat Ramp, Red Canyon, 

Stanton Creek, White Canyon. The rule 

would separate the existing shoreline 

access area at Bullfrog North and South 

into two shoreline access areas, one for 

Bullfrog North and another for Bullfrog 

South. The rule would require the 

superintendent to identify lake 

elevation levels at each of the 11 

shoreline access areas where, if the lake 

elevation drops below the identified 

level and remains below the identified 

level for seven consecutive days, the 

shoreline access area would close to offroad motor vehicle use. Inversely, if the 

lake elevation increases above the 

identified level and remains above the 

identified level for seven consecutive 

days, the shoreline access area would 

open to off-road vehicle use. 

The rule would require the 

superintendent to use hydrologic data 

from the United States Geological 

Survey and the Bureau of Reclamation 

to set the lake elevation levels, which 

would be subject to change based upon 

public health and safety, natural and 

cultural resource protection, and other 

management activities and objectives. 

The rule would require the elevation 

levels to be published on the recreation 

area’s website and listed in the 

superintendent’s compendium for the 

recreation area. The superintendent’s 

compendium is a written compilation of 

all the designations, closures, permit 

requirements and other restrictions 

imposed under discretionary authority, 

required by 36 CFR 1.7(b). After the lake 

elevation drops below or rises above the 

identified level, and the seven-day 

waiting period has concluded, the rule 

would require the superintendent to 

identify the shoreline access area as 

open or closed to off-road vehicle use on 

the website for the recreation area and 

in the superintendent’s compendium 

within 14 days after the expiration of 

the seven-day waiting period. The rule 

would require the NPS to install signs 

at each shoreline access area notifying 

the public that it is opened or closed to 

off-road motor vehicle use. When a 

shoreline access area is closed because 

lake elevations have dropped, the rule 

also would require the NPS to consider 

additional steps to prevent off-road 

vehicle use in the area, such as the 

installation of gates. The rule would 

clarify that motor vehicle use on a GMP 

road may continue within a closed 

shoreline access area at the discretion of 

the superintendent, and subject to the 

rules for operating a motor vehicle on 

such roads in the special regulations. 

A second change related to shoreline 

access areas would add a statement in 

the regulations that off-road vehicle use 

in any of those areas, including the 

shoreline access areas identified in table 

1 to paragraph (f)(3)(ii) of the existing 

special regulations that are not subject 

to closure based upon lake elevation, 

must be for the purpose of traveling 

from a GMP road to the shoreline, and 

back. This would draw a clear 

distinction between the purpose of offroad vehicle use in shoreline access 

areas and the purpose of off-road 

vehicle use in Lone Rock Beach, Lone 

Rock Beach Play Area, and Ferry Swale, 

which are identified in table 1 to 

paragraph (f)(3)(ii), but not considered 

shoreline access areas. Lone Rock Beach 

is a developed area with a year-round 

campground and visitor activities 

associated with that use. Lone Rock 

Beach Play Area is a fenced location 

open to dispersed, high-intensity ORV 

use. Ferry Swale is a network of 

approximately 21 miles of off-road 

vehicle routes that does not provide 

access to the lake. 

The existing regulations in paragraph 

(f)(6)(i) require the superintendent to 

provide public notice of closures, 

conditions or restrictions on ORV use 

through one or more of the methods 

listed in 36 CFR 1.7. A third change 

affecting shoreline access areas would 

require the superintendent, in every 

case, to publish notice of all such 

actions on the recreation area’s website. 

The revised rule would also prohibit 

OHV and street-legal ATV use on the 

following unpaved GMP roads in the 

Recreation & Resource Utilization Zone 

that is defined in the 1979 General 

Management Plan for the recreation 

area: 

• Unnamed road near Dry Mesa/ 

Sheep’s Canyon near Hite, sometimes 

referred to as Dry Mesa Road 

(approximately 4.31 miles). 

• Road #2/95 Spur near Hite, also 

known as Dirty Devil Spur 

(approximately 1.14 miles). 

• Cove Canyon Spur Road near Hite 

(approximately 0.65 miles). 

• Flint Trail Spur Road near Hite, 

also known as Waterhole Flat Spur #1 

Road & Dark Canyon Overlook Road 

(approximately 0.72 miles). 

• Ticaboo Mesa Road near Bullfrog 

(approximately 1.45 miles). 

• Muley Point Road (approximately 

1.26 miles). 

• Johns Canyon Road near Muley 

Point (approximately 7.49 miles). 

NPS would also change the quiet 

hours in the Lone Rock Beach Play Area 

from 10 p.m. to 6 a.m., in the existing 

regulations, to sunset to sunrise in the 

proposed rule. The superintendent 

retains the authority to lengthen the 

quiet hour time-period. 

This rule would also replace a 

reference in paragraph (f)(2)(ii) of § 7.70 

of the existing regulations to a ‘‘special 

use permit’’ with a general reference to 

a ‘‘permit,’’ in order to provide the NPS 

with the flexibility to use, upon further 

analysis, other types of permits to 

authorize off-road vehicle use, such as 

special recreation permits under the 

Federal Lands Recreation Enhancement 

Act. 16 U.S.C. 6802(h). 

Finally, the rule would remove two 

sentences in paragraphs (f)(2)(i) and 

(f)(3)(ii) stating that certain regulations 

are effective beginning on May 17, 2021. 

This date has passed and therefore these 

statements are obsolete and 

unnecessary. 

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 


lotter on DSK11XQN23PROD with PROPOSALS1
75514 Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Proposed Rules 

that off-road vehicle use in such 

locations will not adversely affect their 

natural, aesthetic, or scenic values.’’ 

Since the E.O. 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 the 

requirements of Executive Order 11644. 

Substantive analysis supporting this 

determination includes, but is not 

limited to, the January 2017 Off-Road 

Vehicle Management Plan/Final 

Environmental Impact Statement (FEIS), 

and the pending revised Record of 

Decision and Non-Impairment 

Determination for this rulemaking. 

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 that was selected 

in the related 2017 Record of Decision 

includes monitoring and resource 

protection procedures and periodic 

review to provide for the ongoing 

evaluation of impacts of motor vehicle 

use on protected resources. This 

ongoing adaptive management and 

monitoring protocol would continue 

under the proposed rule. The 

superintendent retains authority to take 

appropriate action as needed to protect 

the resources of the recreation area. 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563 and 

14094) 

Executive Order 12866, as amended 

by Executive Order 14094, 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 the final rule is not significant. 

Executive Order 14094 amends 

Executive Order 12866 and reaffirms the 

principles of Executive Order 12866 and 

Executive Order 13563 and states that 

regulatory analysis should facilitate 

agency efforts to develop regulations 

that serve the public interest, advance 

statutory objectives, and be consistent 

with Executive Order 12866, Executive 

Order 13563, and the Presidential 

Memorandum of January 20, 2021 

(Modernizing Regulatory Review). 

Regulatory analysis, as practicable and 

appropriate, shall recognize distributive 

impacts and equity, to the extent 

permitted by law. 

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. Executive 

Order 13563 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. The NPS has 

developed this proposed rule in a 

manner consistent with these 

requirements. 

Regulatory Flexibility Act (RFA) 

This proposed rule will not have a 

significant economic effect on a 

substantial number of small entities 

under the RFA (5 U.S.C. 601 et seq.). No 

small entities would be directly 

regulated by the proposed rule, which 

would only modify regulations affecting 

visitor use of ORVs in certain areas of 

the park. The roads that would be 

closed to OHV and street-legal ATV use 

only account for 25 of 388 miles (or 

approximately six percent) of GMP 

roads open to motor vehicle use in the 

recreation area. Currently, there are no 

authorized guiding companies that use 

OHVs and street-legal ATVs on the 

roads that would be closed to those 

vehicles. 

Congressional Review Act 

This rulemaking is not a major rule 

under 5 U.S.C. 804(2). This rulemaking: 

(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 

This rulemaking does not impose an 

unfunded mandate on State, local, or 

Tribal governments or the private sector 

of more than $100 million per year. The 

rulemaking does not have a significant 

or unique effect on State, local or Tribal 

governments or the private sector. It 

addresses public use of national park 

lands and imposes no requirements on 

other agencies or governments. A 

statement containing the information 

required by the Unfunded Mandates 

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

required. 

Takings (Executive Order 12630) 

This rulemaking does not effect a 

taking of private property or otherwise 

have takings implications under 

Executive Order 12630. A takings 

implication assessment is not required. 

Federalism (Executive Order 13132) 

Under the criteria in section 1 of 

Executive Order 13132, the rulemaking 

does not have sufficient federalism 

implications to warrant the preparation 

of a federalism summary impact 

statement. This rulemaking only affects 

use of federally administered lands and 

waters. It has no direct effects on other 

areas. A federalism summary impact 

statement is not required. 

Civil Justice Reform (Executive Order 

12988) 

This rulemaking complies with the 

requirements of Executive Order 12988. 

This rulemaking: 

(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 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Proposed Rules 75515 

have evaluated this proposed rule under 

the criteria in Executive Order 13175 

and under the Department’s 

consultation policy and have 

determined that Tribal consultation on 

the proposed rule is not required 

because the proposed 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, 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 

bimonthly newsletters, in-person 

meetings with chapter houses, informal 

email updates, and formal update 

letters. 

Paperwork Reduction Act (PRA) 

This proposed rule contains no new 

information requirements that will 

affect the currently approved 

information collection. (NPS Special 

Park Use Permits NPS Form 10–933— 

OMB Control Number 1024–0026). By 

using NPS Form 10–933 this action will 

cause a net increase of 3,000 

respondents and 750 burden hours. 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). Based on the anticipated net 

increase, we expect that the overall 

respondent burden for this collection 

will be 83,542 responses totaling 23,640 

annual burden hours. 

Title of Collection: Special Park Use 

Applications, portions of 36 CFR 1–7, 

13, 20, and 34. 

OMB Control Number: 1024–0026. 

Form Number: NPS Forms 10–930, 

10–930c, 10–930s, 10–930q, 10–931, 

10–932, 10–933, 10–934. 

Type of Review: Revision of a 

currently approved collection. 

Respondents/Affected Public: 

Individuals/households (licensed 

anglers drawn from three representative 

U.S. States). 

Total Estimated Number of Annual 

Respondents: 83,542. 

Total Estimated Number of Annual 

Responses: 83,542. 

Estimated Completion Time per 

Response: Varies from 15 minutes to 30 

minutes. 

Total Estimated Number of Annual 

Burden Hours: 23,640. 

Respondent’s Obligation: Required to 

obtain or retain a benefit. 

Frequency of Collection: On occasion. 

Total Estimated Annual Nonhour 

Burden Cost: $6,265,650 for application 

fees. 

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 a FEIS under NEPA. The FEIS 

is available online at http://

parkplanning.nps.gov/glca-orvplan, and 

then clicking on the link entitled 

‘‘Document List’’. Upon or before 

publication of the final rule, the NPS 

will publish a revised Record of 

Decision for the FEIS on the recreation 

area planning website identified above. 

Effects on the Energy Supply (Executive 

Order 13211) 

This proposed rule is not a significant 

energy action under the definition in 

Executive Order 13211. A Statement of 

Energy Effects is not required. 

Clarity of This Rule 

The NPS is required by Executive 

Orders 12866 (section 1(b)(12)) and 

12988 (section 3(b)(1)(B)), and 13563 

(section 1(a)), and by the Presidential 

Memorandum of June 1, 1998, to write 

all rules in plain language. This means 

that each rule the NPS publishes must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use common, everyday words and 

clear language rather than jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you feel that the NPS has not met 

these requirements, send us comments 

by one of the methods listed in the 

ADDRESSES section. To better help the 

NPS revise the proposed rule, your 

comments should be as specific as 

possible. For example, you should 

identify the numbers of the sections or 

paragraphs that you find unclear, which 

sections or sentences are too long, the 

sections where you feel lists or tables 

would be useful, etc. 

Public Participation 

It is the policy of the Department of 

the Interior, whenever practicable, to 

afford the public an opportunity to 

participate in the rulemaking process. 

Accordingly, interested persons may 

submit written comments regarding this 

proposed rule by one of the methods 

listed in the ADDRESSES section of this 

document. 

Public Availability of Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

List of Subjects in 36 CFR Part 7 

National parks, Reporting and 

recordkeeping requirements. 

In consideration of the foregoing, the 

National Park Service proposes to 

amend 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 D.C. Code 50–2201.07. 

■ 2. Amend § 7.70 by: 

■ a. Removing and reserving paragraph 

(f)(2)(i); 

■ b. In paragraph (f)(2)(ii), removing the 

words ‘‘special use’’; 

■ c. In paragraph (f)(3)(ii), removing the 

last sentence; 

■ d. In table 1 to paragraph (f)(3)(ii): 

■ i. Adding, at the top of the table, 

entries for ‘‘Bullfrog North’’ and 

‘‘Bullfrog South’’; 

■ ii. Revising the entry for ‘‘Lone Rock 

Beach Play Area’’; and 

■ iii. Removing the entry for ‘‘Bullfrog 

North and South’’; 

■ e. Adding paragraphs (f)(3)(iii) and 

(iv); 

■ f. Revising table 2 to paragraph 

(f)(4)(i); and 

■ g. Revising paragraphs (f)(4)(ii) and 

paragraph (f)(6)(ii). 

The revisions and additions read as 

follows: 

* * * * * 

(f) * * * 

(3) * * * 

(ii) * * * 


lotter on DSK11XQN23PROD with PROPOSALS1
75516 Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Proposed Rules 

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

Designated area or route for 

off-road motor vehicle use 

Approximate 

size 

(acres) 

Management prescriptions 

Bullfrog North ............................. 860 • 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 p.m. and 6 a.m. or as designated by superintendent. 

• Vehicle-free zone as posted. 

Bullfrog South ............................ 1,410 • 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 p.m. and 6 a.m. or as designated by superintendent. 

• Vehicle-free zone as posted. 

*******

Lone Rock Beach Play Area ..... 180 • 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 sunset and sunrise or as lengthened by the superintendent. 

*******

(iii) Certain areas designated in table 

1 to paragraph (f)(3)(ii) will close and 

open to off-road motor vehicle use 

pursuant to the provisions in this 

paragraph (f)(3)(iii). 

(A) The superintendent will identify 

lake elevation levels for each of the 

following areas designated in table 1 to 

paragraph (f)(3)(ii): Lone Rock Beach, 

Blue Notch, Bullfrog North, Bullfrog 

South, Crosby Canyon, Dirty Devil, 

Farley Canyon, Hite Boat Ramp, Red 

Canyon, Stanton Creek, and White 

Canyon. 

(B) The superintendent will use 

hydrologic data from the United States 

Geological Survey and the Bureau of 

Reclamation to identify the lake 

elevation levels, which would be subject 

to change based upon public health and 

safety, natural and cultural resource 

protection, and other management 

activities and objectives. The 

superintendent will notify the public of 

the lake elevation levels by publishing 

them on the website of the recreation 

area and in the superintendent’s 

compendium (or written compilation) of 

discretionary actions referred to in 36 

CFR 1.7(b). 

(C) If the lake elevation drops below 

the identified level for a designated area 

and remains below the identified level 

for seven consecutive days, the 

superintendent will close the designated 

area to off-road motor vehicle use. If the 

lake elevation increases above the 

identified level for a designated area 

and remains above the identified level 

for seven consecutive days, the 

superintendent will open the designated 

area to off-road motor vehicle use. The 

superintendent will notify the public 

that a designated area has been closed 

or opened to off-road motor vehicle use 

within 14 days after the expiration of 

the seven-day waiting period, by 

publishing a notice of the management 

action on the website of the recreation 

area and in the superintendent’s 

compendium. 

(D) The National Park Service will 

install signs at each designated area 

notifying the public that it is opened or 

closed to off-road motor vehicle use. 

When a designated area is closed 

because lake elevations have dropped, 

the superintendent will consider 

additional steps to prevent off-road 

motor vehicle use in the area, such as 

the installation of gates. Motor vehicle 

use on a GMP road may continue within 

a closed designated area at the 

discretion of the superintendent, and 

subject to the rules for operating a motor 

vehicle on such roads in this paragraph 

(f) to § 7.70. 

(iv) Off-road motor vehicle use in any 

of the areas designated in Table 1 to 

Paragraph (f)(3)(ii), except for Lone Rock 

Beach, Lone Rock Beach Play Area and 

Ferry Swale, must be for the purpose of 

traveling from a GMP road to the 

shoreline, and back. 

(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. 

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

Developed Area).

Yes (except for the GMP roads identified in paragraph (f)(4)(ii)).No. 

OHV ......................................... No ........................................... Yes (except for the GMP roads identified in paragraph (f)(4)(ii)).No. 

(ii) Street-legal ATVs and OHVs are 

not allowed on the following unpaved 

GMP roads identified in the Recreation 

& Resource Utilization Zone, as defined 

in the 1979 General Management Plan 

for the recreation area: 

(A) Unnamed road near Dry Mesa/ 

Sheep’s Canyon near Hite, sometimes 

referred to as Dry Mesa Road 

(approximately 4.31 miles). 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Proposed Rules 75517 

1See 81 FR 71613. The February 28, 2024, SIP 

submission also updates 11 MAC, Part 2, Chapter 

2 to address NSR requirements that will be 

addressed in a separate rulemaking. 

(B) Road #2/95 Spur near Hite, also 

known as Dirty Devil Spur 

(approximately 1.14 miles). 

(C) Cove Canyon Spur Road near Hite 

(approximately 0.65 miles). 

(D) Flint Trail Spur Road near Hite, 

also known as Waterhole Flat Spur #1 

Road and Dark Canyon Overlook Road 

(approximately 0.72 miles). 

(E) Ticaboo Mesa Road near Bullfrog 

(approximately 1.45 miles). 

(F) Muley Point Road (approximately 

1.26 miles). 

(G) Johns Canyon Road near Muley 

Point (approximately 7.49 miles). 

* * * * * 

(6) * * * 

(i) * * * 

(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, and through 

publication on the recreation area 

website. 

* * * * * 

Shannon A. Estenoz, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2024–21032 Filed 9–13–24; 8:45 am] 

BILLING CODE 4312–52–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2024–0186; FRL–12250– 

01–R4] 

Air Plan Approval; Mississippi; PSD 

and Air Quality Modeling Infrastructure 

Requirements for the 2015 8-Hour 

Ozone National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

submission provided by the State of 

Mississippi, through the Mississippi 

Department of Environmental Quality 

(MDEQ), via a letter dated February 28, 

2024. Specifically, EPA is proposing to 

approve updates to the incorporation by 

reference of Federal prevention of 

significant deterioration (PSD) rules in 

the Mississippi SIP. EPA is also 

proposing to convert the previous 

conditional approval of Mississippi’s 

infrastructure SIP PSD and air quality 

modeling provisions for the 2015 Ozone 

National Ambient Air Quality Standards 

(NAAQS) to a full approval. EPA is also 

proposing changes to public notice 

provisions for PSD permitting to 

provide for electronic notice (e-notice) 

and to remove the mandatory 

requirement to provide public notice in 

a newspaper, and other minor changes 

to the PSD rules. EPA is proposing to 

approve these changes pursuant to the 

Clean Air Act (CAA or Act). 

DATES: Comments must be received on 

or before October 16, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2024–0186 at 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Josue Ortiz Borrero, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

The telephone number is (404) 562– 

8085. Mr. Ortiz Borrero can also be 

reached via electronic mail at 

ortizborrero.josue@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

Mississippi’s February 28, 2024, SIP 

submission seeks to revise the State’s 

new source review (NSR) permitting 

regulations at 11 Mississippi 

Administrative Code (MAC), Part 2, 

Chapter 2, Permit Regulations for the 

Construction and/or Operation of Air 

Emissions Equipment (Chapter 2) and 

PSD permitting regulations at 11 MAC, 

Part 2, Chapter 5, Regulations for the 

Prevention of Significant Deterioration 

of Air Quality (Chapter 5) to adopt 

relevant Federal permitting regulations 

into the SIP. The PSD permitting 

changes at Chapter 5, amend MDEQ’s 

incorporate by reference (IBR) date of 

the Federal PSD regulations at 40 CFR 

51.166(f) and 40 CFR 52.21 to December 

27, 2023. Mississippi’s December 27, 

2023, IBR date adopts into the SIP at 

Chapter 5, changes to 40 CFR 52.21 that 

EPA promulgated in several 

rulemakings since the Mississippi’s last 

IBR update of February 17, 2016. The 

changes at Chapter 2 amend NSR 

general permitting requirements. EPA is 

also proposing to convert EPA’s March 

1, 2023, conditional approval of PSD 

and air quality modeling provisions at 

section 110(a)(2)(C), (D)(i)(II) (prong 3), 

(J), and (K), for Mississippi’s 

infrastructure SIP for the 2015 ozone 

NAAQS to a full approval based on the 

revisions to Chapter 2 and Chapter 5. 

Lastly, the February 28, 2024, SIP 

submission proposes to revise the SIPapproved PSD regulations at Chapter 5 

to adopt public participation revisions 

consistent with EPA’s October 5, 2016, 

rule ‘‘Revisions to Public Notice 

Provisions in Clean Air Act Permitting 

Programs’’ Final Rule.1

EPA’s proposed rule briefly 

summarizes the framework of the PSD 

permitting program, how the program is 

implemented in Mississippi, and what 

Federal changes MDEQ is requesting 

EPA to IBR into its SIP. EPA is 

proposing to approve Mississippi’s 

February 28, 2024, PSD revisions to 

Chapters 2 and 5 because they are 

consistent with EPA’s Federal PSD 

permitting regulations and the CAA. 

EPA summarizes the PSD rule revisions 

in sections II.B and II.C of this 

document. Please refer to the referenced 

Federal Register citations for additional 

detailed background on the Federal PSD 

regulations at 40 CFR 52.21. 

II. Background 

A. Mississippi’s 2015 Ozone NAAQS 

Infrastructure SIP Submissions 

On October 1, 2015, EPA promulgated 

a revised primary and secondary 

NAAQS for ozone, revising the 8-hour 

ozone standards from 0.075 parts per 

million (ppm) to a new more protective 

level of 0.070 ppm. See 80 FR 65292 

(October 26, 2015). Pursuant to section 

110(a)(1) of the CAA, States are required 

to submit SIP revisions meeting the 

applicable requirements of section 

110(a)(2) within three years after 

promulgation of a new or revised 

NAAQS or within such shorter period 

as EPA may prescribe. Section 110(a)(2) 

requires States to address basic SIP 


lotter on DSK11XQN23PROD with PROPOSALS1