11968 Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Proposed Rules 

1. Opportunities for scientific or 

technical advancements that would help 

to overcome specific barriers for 

industry that currently limit the 

availability of generic drug products. 

2. Innovative approaches to 

preapproval development of generic 

drugs, including new methodologies for 

design and conduct of in vitro, ex vivo, 

and clinical studies and identification of 

scientifically robust strategies for 

demonstration of bioequivalence for 

various product classes. 

3. Innovations in scientific 

approaches to evaluating the therapeutic 

equivalence of generic drug products 

through later stages of their lifecycle 

following initial approval. 

4. Identification of high-impact public 

health issues involving generic drugs 

that can be addressed by the prioritized 

allocation of FY 2016 funding for 

regulatory science research. 

5. Identification of specific issues 

related to generic drug products where 

scientific recommendations and/or 

clarifications are needed in developing 

and/or revising FDA’s guidance for 

industry. 

6. Strategies for enhancing quality and 

equivalence risk management during 

generic drug product development, 

during regulatory review, and/or 

throughout the drug product’s lifecycle 

following initial approval. 

FDA will consider all comments made 

at this hearing or received through the 

docket (see Comments under 

ADDRESSES) as it develops its FY 2016 

GDUFA Regulatory Science Plan. 

Additional information concerning 

GDUFA, including the text of the law 

and the commitment letter, can be 

found at http://www.fda.gov/gdufa. 

VI. Notice of Hearing Under 21 CFR 

Part 15 

The Commissioner of Food and Drugs 

is announcing that the public hearing 

will be held in accordance with 21 CFR 

part 15. The hearing will be conducted 

by a presiding officer, who will be 

accompanied by FDA senior 

management from the Office of the 

Commissioner and the Center for Drug 

Evaluation and Research. Under 

§ 15.30(f) (21 CFR 15.30), the hearing is 

informal and the rules of evidence do 

not apply. No participant may interrupt 

the presentation of another participant. 

Only the presiding officer and panel 

members may pose questions; they may 

question any person during or at the 

conclusion of each presentation. Public 

hearings under part 15 are subject to 

FDA’s policy and procedures for 

electronic media coverage of FDA’s 

public administrative proceedings (21 

CFR part 10, subpart C). Under § 10.205 

(21 CFR 10.205), representatives of the 

media may be permitted, subject to 

certain limitations, to videotape, film, or 

otherwise record FDA’s public 

administrative proceedings, including 

presentations by participants. The 

hearing will be transcribed as stipulated 

in § 15.30(b) (see Transcripts under 

ADDRESSES). To the extent that the 

conditions for the hearing, as described 

in this document, conflict with any 

provisions set out in part 15, this 

document acts as a waiver of those 

provisions as specified in § 15.30(h). 

Dated: February 23, 2015. 

Leslie Kux, 

Associate Commissioner for Policy. 

[FR Doc. 2015–05018 Filed 3–4–15; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

[NPS–LAMR–17097; PPWONRADE2, 

PMP00EI05.YP0000] 

RIN 1024–AD86 

Special Regulations; Areas of the 

National Park System, Lake Meredith 

National Recreation Area, Off-Road 

Motor Vehicles 

AGENCY: National Park Service, Interior. 

ACTION: Proposed rule. 

SUMMARY: The National Park Service 

proposes to amend its special 

regulations for Lake Meredith National 

Recreation Area to require permits to 

operate motor vehicles off roads, 

designate areas and routes where motor 

vehicles may be used off roads, create 

management zones that would further 

manage this activity, and establish 

camping, operational, and vehicle 

requirements. These changes would 

allow off-road vehicle use for recreation 

while reducing associated impacts to 

resources. Unless authorized by special 

regulation, operating a motor vehicle off 

roads within areas of the National Park 

System is prohibited. 

DATES: Comments must be received by 

May 4, 2015. 

ADDRESSES: You may submit comments, 

identified by the Regulation Identifier 

Number (RIN) 1024–AD86, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Superintendent, Lake 

Meredith National Recreation Area, P.O. 

Box 1460, Fritch, TX 79036. 

• Hand Deliver to: Superintendent, 

Lake Meredith National Recreation 

Area, 419 E. Broadway, Fritch, TX 

79036. 

Instructions: All submissions received 

must include the agency name and RIN 

for this rulemaking. Comments received 

will be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

additional information, see the ‘‘Public 

Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Robert Maguire, Superintendent, Lake 

Meredith National Recreation Area, 

Alibates Flint Quarries National 

Monument, P.O. Box 1460, Fritch, Texas 

79036–1460, by phone at 806–857– 

3151, or by email at Robert_Maguire@

nps.gov. 

SUPPLEMENTARY INFORMATION: 

Purpose and Significance of Lake 

Meredith National Recreation Area 

Congress established Lake Meredith 

National Recreation Area (LAMR or 

recreation area) in 1990 ‘‘to provide for 

public outdoor recreation use and 

enjoyment of the lands and waters 

associated with Lake Meredith in the 

State of Texas, and to protect the scenic, 

scientific, cultural, and other values 

contributing to the public enjoyment of 

such lands and waters. . . .’’ 16 U.S.C 

460eee. 

Situated approximately 35 miles 

north of Amarillo, Texas within Potter, 

Moore, Hutchinson, and Carson 

counties, LAMR is approximately 

45,000 acres in size and is the largest 

public landmass in the Texas 

Panhandle. LAMR includes a variety of 

habitats that are uncommon in the 

region, including aquatic, wetland, and 

riparian areas, and one of the few areas 

in the region with trees. The natural and 

geologic resources of the area have 

enabled a continuum of human 

presence in the area for more than 

13,000 years. The exposed geologic 

features on the walls of the Canadian 

River valley (i.e., the ‘‘breaks’’) reveal 

active geologic processes that are easily 

visible to an extent not present 

elsewhere in the region. The recreation 

area is also home to the Arkansas River 

shiner (Notropis girardi), a fish species 

that is federally listed as threatened. 

Authority To Promulgate Regulations 

The National Park Service (NPS) 

manages LAMR under statute 

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Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Proposed Rules 11969 

commonly known as the NPS Organic 

Act of 1916 (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 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). 

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

issued in 1972 and amended by 

Executive Order 11989 in 1977, required 

federal agencies to issue regulations 

designating specific areas and routes on 

public lands where the use of off-road 

vehicles may be used. NPS 

implemented these Executive Orders in 

36 CFR 4.10. 

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.’’ The 

proposed rule would designate routes 

and areas where motor vehicles may be 

used off roads in compliance with 36 

CFR 4.10 and Executive Orders 11644 

and 11989. The proposed rule would 

replace regulations promulgated in 1975 

that designate areas for off-road vehicle 

(ORV) use. 

Off-Road Motor Vehicle Use at LAMR 

Designated ORV Use Areas 

LAMR provides a variety of visitor 

experiences, including the use of ORVs. 

In 1975, the NPS promulgated a special 

regulation (40 FR 762, January 3, 1975) 

at 36 CFR 7.57(a) designating two ORV 

use areas at LAMR: (i) Blue Creek, with 

275 acres for ORV use in the creek 

bottom between the cutbanks; and (ii) 

Rosita, with approximately 1,740 acres 

for ORV use below the 3,000-foot 

elevation line. These two areas remain 

the only areas designated for ORV use 

in the recreational area. 

The Blue Creek ORV area is in the 

Blue Creek riparian area at the northern 

end of the recreational area that empties 

into Lake Meredith. ORV use at Blue 

Creek is allowed only in the creek 

bottom along both sides from cutbank to 

cutbank. Cutbanks, also known as rivercut cliffs, are the outside banks of a 

water channel and are located at the 

base of the hills at the edges of the creek 

bed. 

The Rosita ORV area is a riparian area 

of the Canadian River at the southern 

end of the recreation area. ORV use at 

Rosita is in the Canadian River bed as 

well as the surrounding hills, in some 

cases out to a mile or more. Although 

the authorized area is below the 3,000- 

foot elevation line, and ORV use outside 

the authorized area is prohibited, it is 

difficult for ORV users to determine the 

exact location of the 3,000-foot elevation 

line. 

Changes in ORV Use at LAMR 

ORV use at Blue Creek and Rosita has 

changed considerably since the areas 

were designated by special regulation in 

1975, both in intensity and the types of 

vehicles used. ORV use has taken place 

at Blue Creek and Rosita since at least 

the 1950s. Throughout the 1960s, ORVs 

primarily consisted of a small number of 

‘‘river buggies’’ crafted from old 

automobiles to operate in the Canadian 

River bottom. A few people used dirt 

bikes, motorcycles, or surplus military 

vehicles to access the area. Standard 

four-wheel-drive vehicles were rarely 

seen. 

Today, visitors use a variety of vehicle 

types, including all-terrain vehicles 

(ATVs), utility task vehicles (UTVs), 

dune buggies, rock crawlers, and 

standard four-wheel-drive vehicles. 

Regardless of the vehicle type, the 

majority of ORV use at LAMR has been 

and continues to be for recreation, 

rather than transportation. ORV users 

are both local and from other urban 

areas, especially at Rosita. ORV use is 

often, but not always, family focused. In 

February, an annual three-day event 

called Sand Drags is held just outside 

the recreation area north of Rosita. This 

locally sponsored racing event draws 

approximately 30,000 visitors to the 

area, including hundreds of 

motorcycles, four wheelers, sand rails, 

and river buggies. This event results in 

the highest annual visitation to the 

recreation area with a notable increase 

in recreational ORV use. 

Changes in the intensity and type of 

ORV use at LAMR have impacted 

natural and cultural resources and 

raised concerns about visitor 

experience, health, and safety. Impacted 

resources include soils, vegetation, 

water, soundscapes, wildlife and 

wildlife habitat, threatened species, and 

archeological sites. These impacts are 

described in the January 2015 Final OffRoad Vehicle Management Plan/

Environmental Impact Statement (FEIS) 

that is discussed below. 

Off-Road Vehicle Management Plan/

Environmental Impact Statement 

The proposed rule would implement 

the preferred alternative (Alternative D) 

for the recreation area described in the 

FEIS. The FEIS, which describes the 

purpose and need for taking action, the 

alternatives considered, the scoping 

process and public participation, the 

affected environment and 

environmental consequences, and 

consultation and coordination, may be 

viewed on the recreation area’s planning 

Web site at http://parkplanning.nps.

gov/lamr, by clicking the link entitled 

‘‘ORV Management Plan and 

Regulation’’ and then clicking 

‘‘Document List.’’ 

Proposed Rule 

Fee Permit System 

The proposed rule would require a 

special use permit to operate a motor 

vehicle off roads in the recreational 

area. With each permit the NPS would 

issue a decal that would be required to 

be affixed to each vehicle in a manner 

and location determined by the 

superintendent. Decals would be 

required for each ORV operating in the 

recreation area or transported into the 

recreation area on a trailer. Families 

could submit a single application for 

special use permits for multiple vehicles 

that are registered to members of that 

family. Annual permits would be valid 

for the calendar year the permit is 

issued; three-day and one-day permits 

would also be available and valid from 

the date designated on the permit. There 

would be no limit to the number of 

annual or other permits issued. 

Permits would be issued after the 

applicant reads educational materials 

and acknowledges in writing that he or 

she has read, understood, and agrees to 

abide by the rules governing ORV use in 

the recreation area. Permit applications 

would be available at headquarters (419 

E. Broadway, Fitch, TX 79036) and on 

the recreation area’s Web site. 

Completed permit applications could be 

submitted in person or mailed to the 

recreation area at Lake Meredith 

National Recreation Area, P.O. Box 

1460, Fritch, TX 79036 or brought to 

headquarters. The NPS would process 

completed permit applications and 

provide a permit, or mail a permit, with 

instructions and educational materials 

to the applicant. After the applicant 

receives the permit, he or she would 

sign the permit and submit it to the park 

or mail it back to the park at the P.O. 

Box address. After the NPS receives the 

signed permit, it would provide or send 

a copy of the signed permit and a decal 

to the permit-holder to be affixed to the 

ORV. Violating the terms or conditions 

of any permit or failing to properly 

display the decal would be prohibited 

and may result in the suspension or 

revocation of the permit. 

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11970 Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Proposed Rules 

The NPS intends to recover the costs 

of administering the special use permit 

program under 54 U.S.C. 103104. In 

order to obtain a special use permit to 

operate a motor vehicle off roads in the 

recreational area, the proposed rule 

would require operators to pay a permit 

fee to allow the NPS to recover these 

costs. 

Designated Routes and Areas 

The proposed rule would prohibit 

ORV use in the recreational area except 

for designated areas, routes, and access 

points. These locations would be 

identified on maps located at 

headquarters (419 E. Broadway, Fitch, 

TX 79036) and on the recreation area’s 

Web site. 

At Blue Creek, the proposed rule 

would designate the following areas, 

routes, and access points for ORV use: 

Designated locations for ORV use Part of a management zone? 

Blue Creek: 

Approximately 133.5 acres on the river bottom ......................................................................................... Low Speed Zone (partial overlap). 

Approximately one linear mile of routes and access points to the river bottom that would be marked by 

carsonite posts or other visible markers.

No. 

At Rosita, the proposed rule would 

designate the following areas, routes, 

and access points for ORV use: 

Designated locations for ORV use Part of a management zone? 

Rosita: 

Approximately 170.2 acres south of the Canadian River (currently denuded of vegetation) at the western border of LAMR where HWY 287 nears the recreation area.No. 

Approximately 65.2 acres south of the Canadian River and on the east side of Bull Taco Hill ............... Hunting Zone (complete overlap). 

Approximately 119.3 acres on the river bottom ......................................................................................... Resource Protection Zone (partial 

overlap). 

Approximately 15.1 linear miles of routes and access points to the river bottom ..................................... Resource Protection Zone (partial 

overlap). 

Hunting Zone (complete overlap). 

Approximately 9.3 acres south of the Canadian River near HWY 287 that would be marked by cables Beginner Zone (complete overlap). 

Management Zones 

As indicated in the tables above, the 

proposed rule would also establish 

management zones at Blue Creek and 

Rosita. In some locations, the areas, 

routes, and access points designated for 

ORV use would enter into one or more 

of these management zones. When this 

occurs, special restrictions would apply 

to ORV use. These zones would be 

designed to separate types of ORV use 

in the recreation area to avoid visitor 

conflict, protect the health and safety of 

visitors, and minimize impacts to 

natural and cultural resources. Zones 

would be identified on maps located at 

headquarters (419 E. Broadway, Fitch, 

TX 79036) and on the recreation area’s 

Web site. The special restrictions for 

each management zone are described in 

the table below: 

Management zone Special restrictions ORV use 

location 

Beginner Zone .......................................... Speed limit: 20mph (unless otherwise posted) .........................................................

Marked for beginner ORV operators only. 

Rosita. 

Camping Zone .......................................... Speed limit: 15mph (unless otherwise posted) ......................................................... Blue Creek. 

ORVs may only be used to access the campground; recreational use prohibited ..

ORVs may not be used from 10pm-6am (unless otherwise posted), except that 

state-registered vehicles may be used during this time. 

Rosita. 

Hunting Zone ............................................ Recreational ORV use prohibited during Texas rifle hunting season; ORVs may 

be used for hunting during this season.

Rosita. 

Low-Speed Zone ...................................... Speed limit: 15 mph (unless otherwise posted) ........................................................ Blue Creek. 

Resource Protection Zone ........................ ORVs with a wheel width greater than 65 inches are prohibited ............................. Rosita. 

Camping 

The proposed rule would establish 

rules related to camping in the 

recreation area. Tent camping (without 

motor vehicles) would be allowed 

anywhere in the recreation area except 

for designated ORV areas, routes, and 

access points and within 100 feet of 

these locations. At Blue Creek and 

Rosita, camping in a motor vehicle, 

including tent trailers, RVs, and vans, 

would be limited to marked camping 

zones. 

Operational and Vehicle Requirements 

ORV use would be prohibited on 

vegetation anywhere in the recreation 

area. Driving through isolated pools of 

water would be prohibited at Rosita 

regardless of time or season for the 

protection of the Arkansas River shiner. 

Isolated pools of water means water that 

is not connected to or touching flowing 

water. ORVs would be allowed to cross 

flowing river water via designated 

access points. The decibel limit for all 

ORVs in the recreation area would be 96 

dba. NPS personnel would enforce this 

rule by stopping and testing the decibel 

level of any ORV suspected of exceeding 

the noise limit. Noise level would be 

measured using the SAE J1287 standard. 

The rule would require ATVs to have a 

whip—a pole, rod, or antenna—securely 

mounted to the vehicle that extends at 

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Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Proposed Rules 11971 

least eight feet from the surface of the 

ground with an orange colored safety 

flag at the top. The rule would require 

that ORVs have a functioning muffler 

system and functioning headlights and 

taillights if the ORV is operating at 

night. Operators would be required to 

use headlights and taillights starting one 

half hour before sunset and ending on 

half hour after sunrise. Glass containers 

(e.g., cups and bottles) would be 

prohibited in designated areas, routes, 

and access points, and in camping zones 

at Blue Creek and Rosita. Except for 

management zones with a slower speed 

limit, the speed limit would be 35 mph 

(unless otherwise posted) on ORV 

routes and 55 mph (unless otherwise 

posted) on the river bottom at Blue 

Creek and Rosita. Speed limits would be 

implemented for visitor safety and to 

reduce driving that may damage 

resources. 

The provisions of 36 CFR part 4 

(Vehicles and Traffic Safety), including 

state laws adopted by 36 CFR 4.2, would 

continue to apply within the recreation 

area. Currently, Texas law includes, but 

is not limited to, the following rules 

about ORVs: 

• ORVs must have an off-highway 

vehicle (OHV) use decal issued by the 

State of Texas. 

• ATV operators must wear eye 

protection and helmets approved by the 

Texas Department of Transportation. 

• ATV operators must possess valid 

safety certificates issued by the State of 

Texas under Section 663.031 of the 

Texas Transportation Code. 

• ATV operators under the age of 14 

must be accompanied by a parent or 

guardian. 

• ATV operators may not carry 

passengers unless the vehicle is 

designed by the manufacturer for 

carrying passengers. 

Superintendent’s Discretionary 

Authority 

The proposed rule would allow the 

superintendent to open or close 

designated areas, routes, or access 

points to motor vehicle use, or portions 

thereof, or impose conditions or 

restrictions for off-road motor vehicle 

use after taking into consideration 

public health and safety, natural and 

cultural resource protection, and other 

management activities and objectives. 

The superintendent would provide 

public notice of all such actions through 

one or more of the methods listed in 36 

CFR 1.7. 

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. LAMR 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 would not cause an 

unacceptable impact to the natural, 

aesthetic, or scenic values of the 

recreation area. 

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 EIS 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 

developed this rule in a manner 

consistent with these requirements. 

Regulatory Flexibility Act (RFA) 

This 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.). This certification is 

based on the cost-benefit and regulatory 

flexibility analyses found in the report 

entitled ‘‘Benefit-Cost Analysis of ORV 

Use Regulations in Lake Meredith 

National Recreation Area’’ that can be 

viewed online at http://parkplanning.

nps.gov/lamr, by clicking the link 

entitled ‘‘ORV Management Plan and 

Regulation’’ and then clicking 

‘‘Document List.’’ According to that 

report, no small entities would be 

directly regulated by the proposed rule, 

which would only regulate visitor use of 

ORVs. 

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11972 Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Proposed Rules 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

This rule is not a major rule under 5 

U.S.C. 804(2), the SBREFA. 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 would 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 affect 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 proposed rule is limited 

in effect to federal lands managed by the 

NPS and would 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 Executive Order 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 

Department’s consultation policy and 

under the criteria in Executive Order 

13175 and have determined that it has 

no substantial direct effects on federally 

recognized Indian tribes and that 

consultation under the Department’s 

tribal consultation policy is not 

required. 

During scoping for the EIS, 

recreational area staff sent letters to the 

Apache Tribe of Oklahoma, Caddo 

Nation of Oklahoma, Comanche Nation, 

Cheyenne-Arapaho Tribe of Oklahoma, 

Delaware Nation of Oklahoma, Fort Sill 

Apache Tribe of Oklahoma, Jicarilla 

Apache Nation, Kiowa Indian Tribe of 

Oklahoma, Mescalero Apache Tribe, 

Wichita & Affiliated Tribes requesting 

information on any historic properties 

of religious or cultural significance to 

the Tribes that would be affected by the 

FEIS. The same tribes were contacted 

when the recreation area released the 

Off-Road Vehicle Management Plan/

Draft Environmental Impact Statement 

in January 2013. These tribes have not 

informed NPS staff of any concerns over 

historic properties of religious or 

cultural significance. 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.) 

This rule does not contain any new 

collections of information that require 

approval by the Office of Management 

and Budget (OMB) under the Paperwork 

Reduction Act. OMB has approved the 

information collection requirements 

associated with NPS Special Park Use 

Permits and has assigned OMB Control 

Number 1024–0026 (expires 08/31/16). 

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 under the NEPA. The 

FEIS is summarized above and available 

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

gov/lamr, by clicking on the link 

entitled ‘‘ORV Management Plan and 

Regulation’’ and then clicking 

‘‘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. A Statement of Energy 

Effects is not required. 

Clarity of This Rule 

We are required by Executive Orders 

12866 (section 1(b)(12)), 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 we 

publish 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 we have not met these 

requirements, send us comments by one 

of the methods listed in the ADDRESSES

section above. To better help us revise 

the rule, your comments should be as 

specific as possible. For example, you 

should tell us 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. 

Drafting Information 

The primary authors of this regulation 

are Lindsay Gillham, Environmental 

Quality Division, National Park Service, 

and Jay P. Calhoun, Regulations 

Program Specialist, National Park 

Service. 

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 above. 

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. 

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Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Proposed Rules 11973 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

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 is 

revised to read as follows: 

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

320102; Sec. 7.96 also issued under 36 U.S.C. 

501–511, D.C. Code 10–137 (2001) and D.C. 

Code 50–2201 (2001). 

■ 2. In § 7.57, revise paragraph (a) to 

read as follows: 

§ 7.57 Lake Meredith Recreation Area. 

(a) Off-road motor vehicle use. 

Operating a motor vehicle is allowed 

within the boundaries of Lake Meredith 

National Recreation Area off roads 

under the conditions in this paragraph 

(a). 

(1) Permit requirement. (i) A special 

use permit issued and administered by 

the superintendent is required to 

operate a motor vehicle off roads at 

designated locations at the recreation 

area. There is no limit to the number of 

permits that the Superintendent may 

issue. 

(ii) The NPS charges a fee to recover 

the costs of administering the special 

use permits. Permit applicants must pay 

the fee charged by the NPS in order to 

obtain a special use permit. 

(iii) Annual permits are valid for the 

calendar year for which they are issued. 

Three-day permits are valid on the day 

designated on the permit and the 

following two days. One-day permits are 

valid on the day designated on the 

permit. 

(iv) A permit applicant must 

acknowledge in writing that he or she 

understands the rules governing off-road 

vehicle use at the recreation area. 

(v) Each motor vehicle permitted to 

operate off roads must display an NPS 

decal issued by the superintendent and 

an off-highway vehicle (OHV) use decal 

issued by the State of Texas. The NPS 

decal must be affixed to the vehicle in 

a manner and location specified by the 

superintendent. 

(vi) Permits may be requested at the 

recreation area headquarters in Fritch, 

Texas and on the recreation area Web 

site. 

(2) Designated locations. The 

operation of a motor vehicle off roads 

within the recreation area is prohibited 

except at the locations designated by 

this paragraph (a). Designated locations 

are identified on maps available at the 

recreation area headquarters and on the 

recreation area Web site. 

(i) Permitted motor vehicles may be 

used off roads at the following locations 

at Blue Creek, an area at the northern 

end of the recreational area that empties 

into Lake Meredith: 

Designated locations for off-road motor vehicle use Part of a management zone? 

Blue Creek: 

Approximately 133.5 acres on the river bottom ......................................................................................... Low Speed Zone (partial overlap). 

Approximately one linear mile of routes and access points to the river bottom that are marked by 

carsonite posts or other visible markers.

No. 

(ii) Permitted motor vehicles may be 

used off roads at the following locations 

at Rosita, an area of the Canadian River 

at the southern end of the recreation 

area: 

Designated locations for off-road motor vehicle use Part of a management zone? 

Rosita: 

Approximately 170.2 acres south of the Canadian River (currently denuded of vegetation) at the western border of LAMR where HWY 287 nears the recreation area.No. 

Approximately 65.2 acres south of the Canadian River and on the east side of Bull Taco Hill ............... Hunting Zone (complete overlap). 

Approximately 119.3 acres on the river bottom ......................................................................................... Resource Protection Zone (partial 

overlap). 

Approximately 15.1 linear miles of routes and access points to the river bottom ..................................... Resource Protection Zone (partial 

overlap). 

Hunting Zone (complete overlap). 

Approximately 9.3 acres south of the Canadian River near HWY 287 that are marked by cables .......... Beginner Zone (complete overlap). 

(3) Management zones. Some of the 

designated locations for off-road motor 

vehicle use enter into or abut one or 

more management zones that further 

manage this activity. These zones are 

identified on maps available at 

headquarters and on the recreation area 

Web site. Each zone has special 

restrictions governing off-road motor 

vehicle use as set forth in the following 

table: 

Zone Special restrictions Location 

Beginner Zone ................................. Speed limit: 20mph (unless otherwise posted) .....................................

Marked for beginner operators of off-road vehicles only. 

Rosita. 

Camping Zone ................................. Speed limit: 15mph (unless otherwise posted) .....................................

Off-road vehicles may only be used to access the campground; recreational use prohibited. 

Off-road vehicles that are not registered in a state may not be used 

from 10pm-6am (unless otherwise posted). 

Rosita, Blue Creek. 

Hunting Zone ................................... Recreational off-road vehicle use is prohibited during Texas rifle hunting season; off-road vehicles may be used for hunting during this 

season.

Rosita. 

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11974 Federal Register / Vol. 80, No. 43 / Thursday, March 5, 2015 / Proposed Rules 

Zone Special restrictions Location 

Low-Speed Zone ............................. Speed limit: 15 mph (unless otherwise posted) ....................................

Located approximately 1⁄2 mile on either side of the FM 1913 bridge. 

Blue Creek. 

Resource Protection Zone .............. Off-road vehicles with a wheel width greater than 65 inches are prohibited.Rosita. 

(4) Camping. The following 

restrictions apply to camping at Blue 

Creek and Rosita: 

(i) At Blue Creek and Rosita, camping 

in a motor vehicle, including tent 

trailers, RVs, and vans, is prohibited 

outside of marked camping zones. 

(ii) Tent camping (without motor 

vehicles) is allowed anywhere in the 

recreation area except for designated 

ORV areas, routes, and access points 

and within 100 feet of these locations. 

(5) Operational and vehicle 

requirements. The following 

requirements apply to the use of motor 

vehicles off roads in the recreation area: 

(i) At Rosita, operating a motor 

vehicle in an isolated pool of water that 

is not connected to or touching flowing 

water is prohibited. 

(ii) Operating a motor vehicle on 

vegetation is prohibited. 

(iii) Glass containers are prohibited in 

designated areas, routes, and access 

points, and in camping zones. 

(iv) Operating a motor vehicle in 

excess of 35 mph (unless otherwise 

posted) on designated routes and access 

points at Blue Creek and Rosita is 

prohibited. 

(v) Operating a motor vehicle in 

excess of the speed limits identified in 

paragraph (a)(3) (unless otherwise 

posted) in specific management zones is 

prohibited. 

(vi) Operating a motor vehicle in 

excess of 55 mph (unless otherwise 

posted) in the designated areas that are 

not part of a Low-Speed Zone on the 

river bottoms at Blue Creek and Rosita 

is prohibited. 

(vii) All ATVs (as defined under 

Texas Transportation Code 502.001) 

must be equipped with a whip—a pole, 

rod, or antenna—that is securely 

mounted on the vehicle and stands 

upright at least eight feet from the 

surface of the ground when the vehicle 

is stopped. This whip must have a solid 

red or orange safety flag with a 

minimum size of six inches by twelve 

inches that is attached no more than ten 

inches from the top of the whip. Flags 

must have a pennant, triangle, square, or 

rectangular shape. 

(viii) A motor vehicle must display 

lighted headlights and taillights during 

the period from one-half hour before 

sunset to one half hour after sunrise. 

(ix) Motor vehicles must have a 

functioning muffler system. Motor 

vehicles that emit more than 96 decibels 

of sound (using the SAE J1287 test 

standard) are prohibited. 

(x) Operating a motor vehicle with a 

wheel width greater than 65 inches in 

a Resource Protection Zone is 

prohibited. 

(6) Prohibited acts. Violating any 

provision of this paragraph (a), 

including the special restrictions for 

each management zone, or the terms, 

conditions, or requirements of an offroad vehicle permit is prohibited. A 

violation may also result in the 

suspension or revocation of the 

applicable permit by the 

superintendent. 

(7) Superintendent’s authority. The 

superintendent may open or close 

designated areas, routes, or access 

points to motor vehicle use, or portions 

thereof, or impose conditions or 

restrictions for off-road motor vehicle 

use after taking into consideration 

public health and safety, natural and 

cultural resource protection, and other 

management activities and objectives. 

The superintendent will provide public 

notice of all such actions through one or 

more of the methods listed in § 1.7 of 

this chapter. Violating any such closure, 

condition, or restriction is prohibited. 

Dated: February 19, 2015. 

Michael Bean, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks. 

[FR Doc. 2015–05034 Filed 3–4–15; 8:45 am] 

BILLING CODE 4310–EJ–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2014–0810; FRL–9923–93– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Tennessee; 

Emissions Statement Requirement for 

the 2008 8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan revision 

submitted by the State of Tennessee, 

through the Tennessee Department of 

Environment and Conservation, on 

January 5, 2015, to address the 

emissions statement requirement for the 

2008 8-hour ozone national ambient air 

quality standards (NAAQS). The 

revision affects Davidson, Rutherford, 

Shelby, Sumner, Knox, Blount, 

Anderson, Williamson, and Wilson 

Counties. Annual emissions statements 

are required for certain sources in all 

ozone nonattainment areas. These 

changes address requirements for the 

Knoxville, Tennessee 2008 8-hour ozone 

NAAQS nonattainment area (hereinafter 

referred to as the Knoxville Area) and 

the Tennessee portion of the Memphis, 

Tennessee-Arkansas-Mississippi 2008 8- 

hour ozone NAAQS nonattainment area 

(hereinafter referred to as the Memphis 

Area). The Knoxville Area is comprised 

of Knox and Blount County, and a 

portion of Anderson County, Tennessee, 

and the Tennessee portion of the 

Memphis Area is comprised of Shelby 

County, Tennessee. Davidson, 

Rutherford, Sumner, Williamson, 

Wilson and the remaining portion of 

Anderson County are not part of an 

ozone nonattainment area. 

DATES: Written comments must be 

received on or before April 6, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2014–0810 by one of the following 

methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-ARMS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2014– 

0810,’’ Air Regulatory Management 

Section (formerly the Regulatory 

Development Section), Air Planning and 

Implementation Branch (formerly the 

Air Planning Branch), Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

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