Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations 2621 

Original amendment 

submission date Date of final publication Citation/description 

*******

June 4, 2021 .................................. January 13, 2025 ........................... State initiative outlining rules regarding how decommissioned wind 

turbine blades and towers can be used as backfill in open surface 

coal mine pits, while updating Chapter 2 Permit Application Requirements for Surface Coal Mining Operations to provide consistency with the Wyoming Secretary of State’s Rules on Rules and 

correct grammatical errors. 

[FR Doc. 2025–00198 Filed 1–10–25; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

[NPS–GLCA–NPS0039168; NPS–2024–0005; 

PPIMGLCAA0.PPMPSAS1Z.Y00000– 

255P10361] 

RIN 1024–AE91 

Glen Canyon National Recreation Area; 

Motor Vehicles 

AGENCY: National Park Service, Interior. 

ACTION: Final rule. 

SUMMARY: The National Park Service 

revises special regulations for 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: This rule is effective February 

12, 2025. Comments on the information 

collection contained in this final rule 

should be submitted to OMB by 

February 12, 2025. 

ADDRESSES: The comments received on 

the proposed rule are available on 

www.regulations.gov in Docket No. 

NPS–2024–0005. 

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 rule 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 NPS 

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 [NPS 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, and on 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 requires Federal 

agencies to issue regulations designating 

specific routes and areas 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 park 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 

rule implements regulatory changes for 

certain areas where motor vehicles may 

be used off park roads in the recreation 

area in compliance with 36 CFR 4.10 

and Executive Orders 11644 and 11989. 


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The 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 

because they do not concern routes and 

areas. 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 (GMP) 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 that for the first time 

addressed 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 

routes and areas. 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 

ORV 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 

The National Parks Conservation 

Association filed a Complaint 

challenging the special regulations on 

January 19, 2021, which it subsequently 

amended on April 16, 2021. The 

Southern Utah Wilderness Alliance 

filed a Complaint on March 15, 2023, 

which also challenged the special 

regulations. It amended its Complaint 

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. 

Off-Road Vehicle Managed Plan/Final 

Environmental Impact Statement 

In January 2017, the NPS completed 

an Off-Road Vehicle Management Plan/ 

Final Environmental Impact Statement 

(FEIS). On August 15, 2018, the 

Regional Director for the Intermountain 

Region signed a Record of Decision 

(ROD) identifying the preferred 

alternative in the FEIS (Alternative E: 

Mixed Use) as the selected alternative. 

In support of this rule, the NPS 

prepared a revised Record of Decision 

(Revised ROD). The FEIS and the 

Revised ROD supersede all previous 

ORV management plans for the 

recreation area. A detailed history of 

prior NPS management of on- and offroad vehicle use can be found in the 

FEIS, which can be viewed together 

with the Revised ROD at https://

parkplanning.nps.gov/glca by clicking 

any of the links entitled ‘‘Off-road 

Vehicle Management Plan/ 

Environmental Impact Statement’’ and 

then the link entitled ‘‘Document List.’’ 

The FEIS analyzes the issues and 

environmental impacts of five 

alternatives for the management of onand off-road motor vehicle use in the 

recreation area. Major issues analyzed in 

the FEIS include social and economic 

issues, human health and safety, 

wildlife, natural soundscapes, 

wilderness, and visitor use and 

experience. Impacts associated with 

each of the alternatives are described in 

the FEIS. The Revised ROD addresses 

the purpose and need for this rule and 

evaluates potential impacts from its 

implementation. It also further explains 

the baseline for evaluating the impacts 

of motor vehicle use in the recreation 

area. Appended to the Revised ROD are 

a revised non-impairment determination 

and a site-specific evaluation of motor 

vehicle use on off-road routes and areas 

in the recreation area using the criteria 

in section 3(a) of E.O. 11644. 

Final Rule 

This rule makes the following changes 

to the existing special regulations in 36 

CFR 7.70(f). 

Two changes address OHV and streetlegal ATV use in the Orange Cliffs 

Special Management Unit, defined in 

the existing regulations as the area 

identified as the Orange Cliffs Special 

Management Unit in the Canyonlands 

National Park and Orange Cliffs Unit of 

Glen Canyon National Recreation Area 

Backcountry Management Plan (NPS 

1995). The rule prohibits 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 also 

eliminates the superintendent’s ability 

to potentially open the upper portion of 

the Flint Trail in the Orange Cliffs 

Special Management Unit to OHVs and 

street-legal ATVs, as stated in Table 2 to 

paragraph (f)(4)(i) and paragraph 

(f)(4)(ii) in the existing special 

regulations. 

Three other changes 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 affects 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 separates 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 requires 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 will 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 will open 

to off-road vehicle use. 

The rule requires the superintendent 

to use hydrologic data from the United 

States Geological Survey and the Bureau 

of Reclamation to set the lake elevation 

levels, which will be subject to change 

based upon public health and safety, 

natural and cultural resource protection, 

and other management activities and 

objectives. The rule requires 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 

requires 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 

requires the NPS to install signs at each 

shoreline access area notifying the 

public that it is opened or closed to offroad motor vehicle use. When a 

shoreline access area is closed because 


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lake elevations have dropped, the rule 

also requires the NPS to consider 

additional steps to prevent off-road 

vehicle use in the area, such as the 

installation of gates. The rule clarifies 

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 adds 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 draws a clear distinction 

between the purpose of off-road 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 requires 

the superintendent, in every case, to 

publish notice of all such actions on the 

recreation area’s website. 

This final rule also prohibits OHV and 

street-legal ATV use on the following 

unpaved GMP roads in the Recreation & 

Resource Utilization Zone that is 

defined in the GMP: 

• 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). 

This final rule also changes 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 

final rule. The superintendent retains 

the authority to lengthen the quiet hour 

time-period. 

Finally, this final rule removes 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. 

Summary of Public Comments 

The NPS published a proposed rule in 

the Federal Register on September 16, 

2024 (89 FR 75511). The NPS accepted 

public comments on the proposed rule 

for 60 days via the mail, hand delivery, 

and the Federal eRulemaking Portal at 

https://www.regulations.gov. Comments 

were accepted through November 15, 

2024. The NPS received 2,351 

comments on the proposed rule, 

including one letter-writing campaign 

with over 2,180 submissions. The NPS 

received comments from the State of 

Utah, county governments, advocacy 

groups, and private individuals. After 

considering public comments and after 

additional review, the NPS made one 

change to the proposed rule. The NPS 

has removed a proposed revision to 

paragraph (f)(2)(ii) in the existing 

special regulations that would have 

replaced the reference to a ‘‘special use 

permit’’ with a general reference to a 

‘‘permit.’’ This proposed change is not 

part of the Settlement Agreement and 

therefore does not need to be included 

in this rule. Summaries of pertinent 

issues raised in the comments and NPS 

responses are provided below. 

1. Comment: One commenter 

expressed concern about the impact of 

the rule on Kane County roads that run 

through the recreation area and 

requested that the NPS seek input and 

coordinate with county officials before 

making changes that would impact use 

of those roads. 

NPS Response: The NPS values its 

partnerships with State, county and 

local governments and has endeavored 

to keep all partners informed and 

engaged in the planning and rulemaking 

processes that have occurred since the 

initial ORV planning stages in 2012. The 

NPS looks forward to continued 

discussions with its many partners and 

stakeholders during the implementation 

of this rule. 

2. Comment: Several commenters 

asked the NPS to further explain the 

purpose and need for this rule. In 

particular, commenters asked the NPS 

to identify adverse impacts to resources 

(e.g., soil, vegetation, wildlife, 

watershed) and visitors (e.g., for 

recreation and access) caused by 

existing motor vehicle use that support 

the restrictions in this rule. Several 

commenters asked the NPS to compare 

impacts from OHVs and street-legal 

ATVs with impacts from conventional 

motor vehicles in a manner that 

supports the different treatment of those 

vehicle categories in this rule. Another 

commenter asked the NPS to share key 

research supporting the need for the 

rule. 

NPS Response: Independent of the 

litigation, the NPS believes that the 

changes to the special regulations in this 

rule are appropriate for the reasons 

provided below. These changes are 

targeted, small in scale, and balance 

recreational interests from various user 

groups with resource protection. The 

large majority of the existing regulations 

will remain the same, including 

designated routes and areas for ORV 

use, permit requirements, and motor 

vehicle operator requirements (e.g., 

speed limits and equipment 

requirements). 

Eliminating OHV and street-legal ATV 

use in the Orange Cliffs Special 

Management Unit will better implement 

portions of the 1995 Backcountry 

Management Plan. The NPS developed 

this inter-park management plan to 

increase consistency and protection for 

visitors to both the Maze District of 

Canyonlands National Park (where 

OHVs and street-legal ATVs are 

prohibited) and the Orange Cliffs 

Special Management Unit. This change 

also will better implement the direction 

in the GMP that the NPS manage the 

Orange Cliffs Special Management Unit 

to maintain a relatively primitive, 

undeveloped atmosphere. 

The changes related to shoreline 

access areas largely implement current 

management practices. Shoreline access 

area boundaries are defined by 

topographical features (e.g., water lines 

and sandstone cliffs) that prevent motor 

vehicles from leaving designated areas. 

Low water levels expose travel corridors 

that would otherwise be blocked by 

topographical features, allowing users to 

leave designated shoreline access areas 

with resulting damage to resources (e.g., 

soils, cultural and paleontological 

resources, and soundscapes). The FEIS 

identifies closures as an ORV 

management strategy to address 

decreasing lake elevations. The NPS 

already uses lake elevations as a 


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management guide for motor vehicle use 

in shoreline access areas, and closes 

shoreline access areas using the 

discretionary authority of the 

superintendent in the existing 

regulations. This rule creates an explicit 

process for implementing closures due 

to low lake elevations, which will better 

inform visitors of potential closures and 

protect resources. This management tool 

will allow the NPS to respond to 

dramatic lake elevation changes that 

occur on Lake Powell (up to 75 feet 

annually) and facilitate active 

management of shoreline access areas. 

Shoreline access areas are identified 

in the GMP and FEIS as a mechanism 

to facilitate access to the lake for 

recreation. Shoreline access areas were 

never contemplated or designed for 

dispersed driving. This change will help 

fulfill the original purpose of shoreline 

access areas and communicate that 

purpose to the public. 

Eliminating OHV and street-legal ATV 

use on the subset of unpaved roads 

outside of the Orange Cliffs Special 

Management Unit will more closely 

align the regulations with zoning 

prescriptions in the GMP, which limit 

impacts to soundscapes in Natural 

Zones within the recreation area. The 

unpaved roads that would be affected by 

this rule are located close enough to 

Natural Zones such that the use of 

OHVs and street-legal ATVs on those 

roads would create adverse impacts to 

the soundscapes in those zones. 

Establishing longer quiet hours in the 

Lone Rock Beach Play Area may reduce 

conflict between user groups, improve 

visitor safety, and better protect 

wildlife. 

For more information about the 

purpose and need for the rule and 

associated environmental impacts, the 

public can view the FEIS and Revised 

ROD, which can be viewed on the NPS 

planning site at https://

parkplanning.nps.gov/glca by clicking 

any of the links entitled ‘‘Off-road 

Vehicle Management Plan/ 

Environmental Impact Statement’’ and 

then the link entitled ‘‘Document List.’’ 

The NPS evaluates impacts to resources 

in the recreation area from all categories 

of motor vehicle use in both documents. 

The FEIS contains an executive 

summary that presents an abbreviated 

version of the issues, research and 

analysis that informed the decisionmaking process, as well as provides a 

comparison between the alternatives 

considered. 

3. Comment: Several commenters 

stated that the NPS has no authority to 

restrict travel on roads to which the 

State of Utah or county governments 

have a claim under Revised Statute 2477 

(R.S. 2477) and asked the NPS recognize 

claimed R.S. 2477 rights. One 

commenter asserted that the NPS should 

consult with the State of Utah before 

asserting jurisdiction over such roads. 

Another commenter asked the NPS to 

defer any restrictions or closures on 

roads subject to R.S. 2477 claims until 

the courts resolve the merits of such 

claims. Roads identified in such 

comments that will be affected by this 

rule include the Flint Trail, Poison 

Spring Loop, and Cove Canyon Spur 

Road. 

NPS Response: The NPS has broad 

authority to regulate motor vehicle use 

within the recreation area. The changes 

in this rule do not close any roads 

within the recreation area; they prohibit 

certain categories of motor vehicles on 

a small subset of roads. Claims by the 

State of Utah and county governments 

under R.S. 2477 within the recreation 

area have not been adjudicated. The 

NPS will evaluate the legal effects of 

any future court decisions regarding 

R.S. 2477 claims at the appropriate time. 

Under the Quiet Title Act, ‘‘[t]he United 

States shall not be disturbed in 

possession or control of any real 

property involved in any action . . . 

pending a final judgment or decree, the 

conclusion of any appeal therefrom, and 

[for] sixty days [thereafter]. . . .’’ 28 

U.S.C. 2409a(b). 

4. Comment: Several commenters 

stated that the restrictions on motor 

vehicle use in this rule are contrary to 

Congressional intent that the NPS 

manage the recreation area for the 

purpose of ensuring public access to 

outdoor recreation and enjoyment. 

Other commenters stated that there is no 

basis in the recreation area’s enabling 

act to manage categories of motor 

vehicles differently. 

NPS Response: Congress established 

the recreation area in 1972 to ‘‘provide 

for 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(a) The 

enabling act also provides that ‘‘[t]he 

Secretary shall administer, protect, and 

develop the recreation area in 

accordance’’ with the NPS Organic Act 

‘‘and with any other statutory authority 

available . . . for the conservation and 

management of natural resources.’’ Id. at 

§ 460dd–3. These general authorities, 

among others, instruct the NPS to 

provide public recreation opportunities 

while regulating and administering the 

recreation area in a manner that 

complies with the NPS Organic Act and 

conserves natural resources. Thus, the 

NPS has broad discretion to manage 

categories of motor vehicles differently. 

The FEIS and Revised ROD explain why 

the potential impacts to resources and 

visitors are different between 

conventional motor vehicles, on the one 

hand, and OHVs and street-legal ATVs, 

on the other hand. OHVs and streetlegal ATVs produce more noise than 

conventional motor vehicles, creating 

greater impacts on soundscapes. In 

addition, OHVs and street-legal ATVs 

generally are more capable of traveling 

off unpaved roads and directly over 

undisturbed natural terrain compared to 

conventional motor vehicles. This 

creates the potential for greater impacts 

to natural resources in those areas. 

5. Comment: One commenter argued 

that the rule bypasses the authority held 

by Congress to designate wilderness 

areas by limiting motorized access in 

the Orange Cliffs Management Unit. 

NPS Response: Prohibiting OHVs and 

street-legal ATVs cannot be considered 

a de facto designation of the Orange 

Cliffs Management Unit as wilderness. 

The regulations will continue to allow 

conventional motor vehicles on 

unpaved GMP roads within the Orange 

Cliffs Management Unit. Motor vehicle 

use is prohibited in designated 

wilderness and this rule does not 

change that. Neither the rule nor the 

existing regulations address any of the 

other prohibited uses in the Wilderness 

Act, such as motorized equipment, 

commercial activities, landing of 

aircraft, mechanical transport, 

structures, or installations. 

6. Comment: One commenter asserted 

that E.O. 11644 precludes the NPS from 

considering the impacts of motor 

vehicles, in particular OHVs and streetlegal ATVs, on the soundscape of the 

recreation area because that term is not 

mentioned in the E.O., unlike other 

resources such as soil, vegetation, and 

wildlife. This commenter also suggested 

that the NPS decrease the maximum 

decibel level limit in the existing 

regulations as a more effective way to 

protect soundscapes than placing new 

restrictions on OHVs and street-legal 

ATVs. The commenter stated that the 

rule will be ineffective in protecting 

soundscapes because conventional 

motor vehicles can produce noise levels 

equal to or exceeding the levels 

produced by the other OHVs and streetlegal ATVs. 

NPS Response: Soundscapes are a 

resource the NPS manages, with a goal 

of preserving, to the greatest extent 

possible, natural soundscapes within 

System units. NPS Management Policies 

2006, Section 4.9. The NPS has 

committed to restoring the natural 

soundscape condition wherever 


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possible when soundscapes have been 

degraded by unnatural sounds (noise) 

and will protect natural soundscapes 

from unacceptable impacts. While true 

that Executive Order 11644 does not 

specifically identify ‘‘soundscape’’ as a 

resource, it does require Federal 

agencies to consider harassment of 

wildlife, disruption of wildlife habitat, 

conflicts with other recreational users, 

and the compatibility of those uses. 

Further, it requires agencies to 

determine that designated locations for 

ORV use will not adversely affect their 

natural, aesthetic, or scenic values. The 

NPS considers soundscapes as a natural 

value of the recreation area. Therefore, 

the NPS considers noise as part of that 

analysis. Reducing the maximum 96 

decibel of sound limit in the existing 

regulations would functionally preclude 

the use of many OHVs and street-legal 

ATVs in the recreation area. It also 

would be too broad of a prescription 

because in some locations noise output 

up to that level may be appropriate. As 

explained in the FEIS, OHVs and street 

legal ATVs generally have greater noise 

impacts than conventional motor 

vehicles. 

7. Comment: Several commenters 

stated that NPS regulations for 

managing motor vehicle use in the 

recreation area should avoid conflict 

with State of Utah and county laws and 

policies. One commenter cited conflict 

with the San Juan County Travel Plan 

which recognizes Johns Canyon Road, 

Muley Point Road, and Dry Mesa Road 

as open to all classes of vehicles. 

Several commenters cited conflict with 

State of Utah motor vehicle law which 

allows off-highway vehicles on public 

highways designated as open by the 

controlling Federal, State, country, or 

municipal agency. State of Utah Code 

41–22–10.1. 

NPS Response: The NPS recognizes 

the value of consistent management 

among Federal and State jurisdictions. 

NPS regulations adopt non-conflicting 

State law for traffic and the use of motor 

vehicles in all National Park System 

units, including the recreation area. See 

36 CFR 4.2(a). In some situations, 

however, it may be necessary for NPS 

regulations to conflict with State and 

local laws or policies in order to comply 

with Federal law and policy. As the 

controlling agency for the management 

of lands within the recreation area, the 

NPS has a legal responsibility to manage 

the recreation area in accordance with 

the enabling act, which requires the 

NPS to administer, protect, and develop 

the recreation area in accordance with 

the NPS Organic Act for the 

conservation and management of 

natural resources. The NPS believes that 

the restrictions in this rule on the use 

of OHVs and street-legal ATVs on 

certain unpaved roads within the 

recreation area are appropriate. This is 

further explained in the Revised ROD. 

The NPS made substantial effort to 

ensure that the changes in this rule are 

minor alternations to the existing 

regulations that implement the preferred 

alternative in the FEIS. 

8. Comment: One commenter stated 

that prohibiting OHVs and street-legal 

ATVs on Johns Canyon Road limits the 

ability of the State of Utah Trust Lands 

Administration to derive the full 

economic benefit of State trust lands 

from recreational and other revenue 

generating activities. 

NPS Response: The NPS recognizes 

the importance of allowing the residents 

of the State of Utah to derive economic 

benefit from State trust lands and does 

not believe that this rule will eliminate 

the economic value of State trust lands 

accessible by Johns Canyon Road. This 

road will continue to be open to 

conventional motor vehicles as a means 

of accessing adjacent trust lands. The 

NPS is willing to discuss access to and 

activities on State trust lands to the 

extent a written authorization from the 

NPS, or cooperation between the NPS 

and the Trust Lands Administration, is 

necessary or appropriate. 

9. Comment: One commenter 

suggested that the NPS change quiet 

hours in the Lone Rock Beach Play Area 

to 30 minutes before sunset and after 

sunrise to further enhance the 

enjoyment of watching those events. 

NPS Response: The decision to set 

quiet hours to sunrise and sunset 

generally lengthens quiet hours 

compared to the existing regulations, 

which will allow for more tranquil 

experiences during those events. It 

further will allow quiet hours to shift 

with the seasons without the need for 

administrative actions. Adding 30- 

minute buffers on either side of sunset 

and sunrise will complicate the public’s 

understanding of when quiet hours 

begin and end and may increase the 

potential for misunderstanding and 

visitor conflict. 

10. Comment: Several commenters 

objected to the NPS closing shoreline 

access areas when lake elevations drop. 

One commenter argued that this would 

unfairly limit access to Lake Powell 

when other visitor activities on the 

water, such as boating and operating 

generators to power houseboats, have 

greater impacts to the natural 

environment than ORV use. Other 

commenters stated that certain shoreline 

access areas, such as Farley Canyon, 

Blue Notch Canyon, Red Canyon, and 

White Canyon should remain open 

because they provide wild camping 

experiences that are not available at 

more accessible shoreline access areas. 

Another commenter specifically asked 

the NPS to keep Blue Notch Canyon 

open at any lake elevation because it is 

the only northern vehicle-access point 

for small boat launching and shore 

camping. 

NPS Response: The NPS established 

the boundaries of shoreline access areas 

utilizing topographical and bathymetric 

data to identify confining barriers for 

motorized vehicle traffic. The NPS 

designed shoreline access to 

accommodate access at higher lake 

levels, accounting for only small 

fluctuations in surface elevations. When 

lake levels recede to certain elevations, 

alternative travel corridors can become 

exposed, allowing motorized vehicle 

users to leave designated areas and 

potentially cause resource impacts. 

Persistent drought over the last two-anda-half decades, however, has resulted in 

a steady decline of the level of the lake, 

which has receded well below the 

original boundaries of many of the 

shoreline access areas at the water’s 

edge. In some situations, the water level 

has migrated miles away from the 

defined use areas. Some shoreline 

access areas, therefore, have been 

temporarily closed to discourage 

creation of networks of unauthorized 

secondary routes as users chase 

receding water levels. These closures 

protect vegetation and wildlife that are 

recolonizing exposed areas, protect 

cultural resources (e.g., archeological 

sites) that may be exposed by receding 

water levels, protect natural and 

cultural resources in adjacent areas that 

have become accessible, and promote 

visitor safety by keeping visitors away 

from locations that have not been 

determined safe for ORV use. Should 

lake levels rebound, the shoreline access 

areas subject to temporary closures in 

this rule would reopen. Stanton Creek 

remains open and provides the 

opportunity for wild camping 

experiences. 

11. Comment: One commenter 

suggested that the NPS limit the number 

of ORVs allowed in shoreline access 

areas to prevent accelerated erosion, 

which could lead to runoff and 

increased water pollution, significantly 

affecting the habitats and wildlife in the 

recreation area. Several commenters 

expressed concern that OHV users may 

disregard the rules and urged the NPS 

to regularly monitor wildlife and habitat 

quality in areas affected by this rule to 

evaluate its effectiveness. 

NPS Response: This rule does not 

limit the number of ORVs that can enter 

shoreline access areas, which was not 


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contemplated by any of the alternatives 

evaluated in the FEIS. The NPS 

monitors the degradation of resources, 

including soil erosion, wildlife, and 

wildlife habitat, in shoreline access 

areas and other locations within the 

recreation area. If the NPS observes 

substantial negative impacts to the 

resources at any shoreline access area, it 

may take mitigation measures that could 

include a temporary closure of the 

affected area for recovery and 

rehabilitation. 

12. Comment: One commenter stated 

that the NPS should reopen the Crosby 

Canyon shoreline access area because 

the closure is preventing the use of 

roads below the high-water line. 

NPS Response: When the Crosby 

Canyon shoreline access area is open, 

limited driving beyond direct travel 

from Crosby Canyon Road is allowed to 

access the adjacent shoreline when 

water is present there. Any other 

‘‘roads’’ or routes within the shoreline 

access area are unauthorized and usercreated. This shoreline access area is 

currently closed due to low water levels 

for the reasons explained above. 

13. Comment: One commenter stated 

that temporarily closing shoreline 

access areas results in congestion and 

overcrowding in the areas that remain 

open, exacerbating impacts to the 

environment in those areas. Keeping 

shoreline access areas open would 

disperse use across multiple managed 

access points and discourage users from 

creating non-designated routes to access 

the shoreline. 

NPS Response: The NPS has not 

observed high levels of congestion in 

the shoreline access areas that remain 

open. Temporary closures of shoreline 

access areas when lake elevations drop 

are necessary to protect resources and 

visitors for the reasons explained above. 

14. Comment: One commenter stated 

that limiting ORV use to direct travel 

from a road to the shoreline and back 

significantly limits the utility and value 

of shoreline access because they will no 

longer provide meaningful and practical 

access to the water’s edge. Instead, and 

to meet public demand, this commenter 

recommended the designation of routes 

that lead to the shoreline. 

NPS Response: The purpose of 

shoreline access areas is to provide 

motorized vehicle access to the edges of 

Lake Powell; they are not intended to 

provide general overland driving 

opportunities that are available 

elsewhere, such as the Lone Rock Beach 

Play Area. Dramatically fluctuating 

water levels at Lake Powell can 

significantly alter the area of beach 

exposed as dry lakebed. This is 

especially true in locations with a 

relatively flat shoreline where the 

water’s edge can rise and recede great 

distances over the course of a normal 

water year. Because of these 

fluctuations, and the visual impacts 

associated with signage and barriers on 

open, exposed landscapes, designating 

travel routes within a shoreline access 

area is challenging and often 

impracticable. NPS will continue 

placing signage and other interpretive 

tools at shoreline access areas where 

appropriate. 

15. Comment: Several commenters 

stated that OHVs and street-legal ATVs 

are purpose-built and optimized for 

travel on rugged backcountry roads 

(including the Flint Trail and Poison 

Spring Loop) and for that reason are 

safer than conventional motor vehicles 

on those roads. Another commenter 

stated that OHVs and street-legal ATVs 

are designed for backcountry conditions 

and are more capable of navigating steep 

and uneven terrain than conventional 

high-clearance vehicles. These 

commenters stated that prohibiting their 

use on unpaved roads may increase the 

likelihood of accidents and stranding. 

NPS Response: Conventional motor 

vehicles can be sufficiently capable of 

travel on unpaved roads within the 

recreation area, especially when they 

are properly equipped and operated. 

There is insufficient data available to 

conclude that conventional motor 

vehicles are less safe than OHVs and 

street-legal ATVs at low speeds. The offroad capabilities of OHVs and streetlegal ATVs create the opportunity to 

take them off-road for driving directly 

over undisturbed natural terrain, 

creating the potential for significant 

impacts to natural resources in those 

locations. 

16. Comment: One commenter argued 

that prohibiting OHVs and street-legal 

ATVs on certain roads, such as the Cove 

Canyon Spur Road near Hite, Ticaboo 

Mesa Road, and the 8-mile segment of 

the Poison Spring Loop, will sever 

connectivity between NPS-managed 

lands and adjacent lands administered 

by the Bureau of Land Management 

(BLM). In particular, this commenter 

stated that closure of the Cove Canyon 

Spur Road will make BLM-managed 

lands within the Henry Mountain Travel 

Management Area inaccessible to OHVs 

and street-legal ATVs. This commenter 

argued that these closures undermine 

BLM travel planning and restrict lawful 

access to adjacent BLM-managed areas, 

imposing burdens on land use outside 

of NPS jurisdiction. Several commenters 

asked the NPS to explain whether it has 

coordinated with BLM about road 

closures that will impact BLM lands. 

NPS Response: This rule only applies 

to NPS-administered lands. The rule 

will restrict the categories of vehicles 

that may travel on some unpaved roads 

within the recreation area that connect 

to adjacent BLM lands. This could affect 

how certain visitors travel between the 

recreation area and those adjacent lands, 

but will not interfere with any 

administrative action taken by BLM on 

lands administered by that agency. The 

NPS regularly coordinates with BLM on 

respective travel management plans 

(most recently in September 2024) and 

attempts to stay aligned when possible, 

recognizing that different laws and 

policies guide visitor use management 

for each agency. Cove Canyon Spur 

Road connects with a countymaintained road on BLM lands that is 

open to conventional motor vehicles, 

OHVs, and street-legal ATVs. This road 

is less than one mile in length and does 

not connect with any other roads 

outside of the recreation area. Visitors 

will still be able to use OHVs and streetlegal ATVs on this road segment 

provided they are hauled there on Cove 

Canyon Spur Road using conventional 

motor vehicles. Notwithstanding any 

effect this rule may have on motorized 

use of that road, the NPS believes that 

the restrictions in this rule on Cove 

Canyon Spur Road are necessary under 

the distinct legal and policy framework 

governing NPS management of the 

recreation area. Ticaboo Mesa Road does 

not connect with an open route on BLM 

lands. Travelers can access the BLM 

portions of the Poison Spring Loop 

using OHVs and street-legal ATVs 

without having to travel through the 

recreation area. 

17. Comment: Commenters raised 

concerns that the rule creates an 

environmental justice issue by 

restricting access to public lands for 

economically disadvantaged visitors 

who depend on OHVs and street-legal 

ATVs. 

NPS Response: As discussed in the 

FEIS, the NPS does not believe that this 

rule disproportionally affects 

economically disadvantaged individuals 

or communities. Over 250 miles of road 

in the recreation areas will continue to 

be open to OHVs and street-legal ATVs. 

18. Comment: Several commenters 

noted that ORV routes are the only way 

for individuals with limited mobility to 

access certain areas. They expressed 

concern that prohibiting OHVs and 

street-legal ATVs on certain roads 

would restrict access for people with 

disabilities and limit their recreational 

opportunities. 

NPS Response: The NPS strives to 

create opportunities for recreation and 

access to National Park System units for 


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all types of visitors, including those 

with limited mobility and disabilities. 

Conventional motor vehicles will 

continue to be allowed on all paved and 

unpaved roads within the recreation 

area. This will allow persons with 

limited mobility and disabilities to use 

motor vehicles to access and enjoy the 

recreation area. Consistent with the 

Rehabilitation Act of 1973 and other 

applicable laws, NPS makes all 

practicable efforts to make NPS facilities 

and programs accessible and usable by 

all people, including those with 

disabilities. NPS addressed these 

concerns in the FEIS, see p. A–19. 

19. Comment: Many commenters 

expressed concern that this rule will 

eliminate opportunities for access and 

recreation throughout the recreation 

area. One commenter stated that certain 

unpaved roads themselves hold 

historical and cultural significance 

tracing back to paths used by early 

settlers and indigenous communities 

and that closing these roads would 

diminish public access to lands that 

communities have relied upon for 

generations, permanently disconnecting 

them from these important cultural 

landscapes. Another commenter 

asserted that prohibiting OHVs and 

street-legal ATVs on certain unpaved 

roads, such as Johns Canyon, Muley 

Point, and Dry Mesa, will reduce 

opportunities for recreation and access 

to some of the most scenic areas of San 

Juan County. 

NPS Response: This rule will not 

close any unpaved roads within the 

recreation area to motor vehicle traffic. 

Conventional motor vehicles will 

continue to be allowed on all paved and 

unpaved roads within the recreation 

area, providing a viable means of 

recreation and motorized access to 

points of interest, scenic landscapes, 

dispersed camping, remote areas, and 

areas of historic and cultural 

significance. The use of OHVs and 

street-legal ATVs will continue to be 

allowed on the vast majority of unpaved 

roads within the recreation area. The 

roads that will be closed to these vehicle 

categories account for 25 of 295 miles 

(or approximately eight percent) of all 

the unpaved roads open to motor 

vehicle use in the recreation area. 

Substantial opportunities for motorized 

recreation will remain available to those 

and other user groups. Motorized 

recreation and access (particularly to the 

shoreline of the lake) were recognized 

by Congress when it established the 

recreation area. This rule preserves 

motorized use in the recreation area in 

balance with limited measures that 

protect resources and other visitor 

experiences. In general, conditions on 

Johns Canyon Road, Muley Point Road, 

and Dry Mesa Road do not require the 

use of an OHV or street-legal ATV in 

order to access scenic areas that they 

access and traverse. These roads 

normally accommodate a variety of 

conventional motor vehicle types which 

will continue to provide recreational 

and scenic opportunities within San 

Juan County. As discussed in the FEIS, 

other roads with strong cultural and 

historical significance, such as Hole in 

the Rock Road, will remain open to 

conventional vehicles, OHVs, and 

street-legal ATVs in order to 

accommodate access to these popular 

driving destinations for local residents 

and tourists. 

20. Comment: Several commenters 

stated that prohibiting OHVs and streetlegal ATVs on the 8-mile segment of the 

Poison Spring Loop creates an 

unreasonable barrier in the middle of a 

critical road. Several commenters 

expressed concern that closing the 8- 

mile segment of the Poison Spring Loop 

will create a dangerous situation for 

anyone using an OHV or street-legal 

ATV to complete an overland trip from 

the northern Poison Spring Loop down 

to Hite. These commenters stated that 

the only alternative route is to travel for 

40 miles on a State highway (Utah State 

Route 95) from Hanksville to Hite that 

is very dangerous for slower vehicles. 

NPS Response: Before 2021, the 8- 

mile segment of the Poison Spring Loop 

in the recreation area had never been 

open to OHV and street-legal ATV use. 

This segment is not a historic or 

customary travel corridor or traffic route 

for these categories of vehicles and will 

remain open for travel by conventional 

motor vehicles. The NPS acknowledges 

that several commenters perceive travel 

on Utah State Route 95 as more 

dangerous using OHVs or street-legal 

ATVs compared to conventional motor 

vehicles. Rules about the types of 

vehicles that are allowed on that 

highway are established by the State of 

Utah. This rule will result in the same 

trip planning options that existed before 

2021 and does not force anyone to use 

OHVs or street-legal ATVs on the 

highway if they feel that it would be 

unsafe. 

21. Comment: Several commenters 

stated that restricting OHV and streetlegal ATV use will reduce tourism 

opportunities for motorized recreation 

and hurt the local economies of nearby 

communities, including Hanksville, 

Ticaboo, Blanding, Escalante, Torrey, 

and Boulder. One commenter 

highlighted the rapid growth of the OHV 

market in Utah and urged the NPS to 

keep roads open to support this 

industry. This commenter stated that 

Hite is an ideal basecamp for 

commercial OHV and street-legal ATV 

tours, and that the NPS may have 

difficulty attracting concessioners if 

revenue opportunities are restricted. 

NPS Response: The NPS values its 

relationship with nearby communities 

and appreciates the importance of 

tourism for local economies. There are 

currently two businesses that have a 

commercial use authorization (CUA) to 

provide guided tours using OHVs and 

street-legal ATVs in the recreation area. 

These businesses are not authorized to 

operate in the Orange Cliffs Special 

Management Unit and do not currently 

offer tours on the unpaved roads that 

will be affected by this rule. No other 

businesses offer commercial visitor 

services that will be affected by this 

rule. As stated above, use of OHVs and 

street-legal ATVs will continue to be 

allowed on the vast majority (92%) of 

unpaved roads currently open to motor 

vehicle use within the recreation area. 

There will continue to be ample 

opportunities for motorized recreation 

within the recreation area using various 

categories of vehicles. There will 

continue to be opportunities for small 

businesses to apply for CUAs to provide 

commercial visitor services, including 

guided ORV tours, within the recreation 

area where appropriate and in 

accordance with applicable law and 

policy. 

22. Comment: Commenters voiced 

concerns about compliance with ORV 

regulations and proposed several 

methods for the NPS to improve it. 

Recommended methods included (1) 

developing an in-person and online 

public education program to explain the 

environmental rationale for the new 

rules and state which shoreline access 

areas are open or closed to motorized 

use; (2) improving signage that details 

allowed activities on ORV routes, areas, 

and roads; (3) guidance on what is 

allowed in both open and closed 

shoreline access areas; and (4) utilizing 

multilingual information on signs, 

websites, and social media to 

communicate closures and regulatory 

requirements. 

NPS Response: The NPS currently 

engages in a variety of methods to 

communicate ORV information to the 

public. The recreation area website 

hosts information on closures and 

features a short video to educate ORV 

users on the rules and responsibilities 

for all vehicle operators. The NPS has 

developed geo-enabled electronic files 

that visitors can view on the website or 

offline in third party apps for use in the 

field on mobile devices. Implementation 

of the FEIS includes posting signs that 

designate routes and aid users in 


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recognition of authorized vehicle types 

for each ORV-use location. The NPS 

publicizes closures and openings of 

roads, routes, and shoreline access areas 

through press releases, notifications to 

partners, and website and social media 

updates. 

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 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 

in the context of these authorities and 

policies. Supporting analysis for this 

determination can be found in the FEIS 

and Revised ROD, which includes a 

revised non-impairment determination 

and a site-specific evaluation of motor 

vehicle use on off-road routes and areas 

in the recreation area using the 

minimization criteria in section 3(a) of 

E.O. 11644. 

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 will continue under 

this final 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 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.). No small entities 

will be directly regulated by the rule, 

which only modifies regulations 

affecting visitor use of ORVs in certain 

areas of the park. The roads that will be 

closed to OHV and street-legal ATV use 

only account for 25 of 295 miles (or 

approximately eight 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 will 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 


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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 

have evaluated this rule under the 

criteria in Executive Order 13175 and 

under the Department’s consultation 

policy and have determined that Tribal 

consultation on the rule is not required 

because the rule will have no 

substantial direct effect on federally 

recognized Indian Tribes. In support of 

the Department of Interior and NPS 

commitment for government-togovernment consultation with the 19 

Native American Tribes and bands 

associated with the recreation area, 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 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. The NPS did not 

receive any public comments related to 

this information collection during the 

60-day public comment period. 

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 (depending on the activity). 

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 the FEIS and Revised ROD in 

compliance with NEPA. These 

documents are available online at 

https://parkplanning.nps.gov/glca by 

clicking any of the links entitled ‘‘Offroad Vehicle Management Plan/ 

Environmental Impact Statement’’ and 

then the link entitled ‘‘Document List.’’ 

Effects on the Energy Supply (Executive 

Order 13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211. A Statement of Energy 

Effects is not required. 

List of Subjects in 36 CFR Part 7 

National parks, Reporting and 

recordkeeping requirements. 

In consideration of the foregoing, the 

National Park Service amends 36 CFR 

part 7 as follows: 

PART 7—SPECIAL REGULATIONS, 

AREAS OF THE NATIONAL PARK 

SYSTEM 

■ 1. The authority citation for part 7 

continues to read as follows: 

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

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

Code 10–137 and D.C. Code 50–2201.07. 

■ 2. Amend § 7.70 by: 

■ a. Removing and reserving paragraph 

(f)(2)(i); 

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

last sentence; 

■ c. 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’’; 

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

(iv); 

■ e. Revising table 2 to paragraph 

(f)(4)(i); and 

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

(f)(6)(ii). 

The revisions and additions read as 

follows: 

* * * * * 

(f) * * * 

(3) * * * 

(ii) * * * 

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

Designated area or route for 

off-road motor vehicle use 

Approximate 

size Management prescriptions 

Bullfrog North ............................. 860 acres • Street-legal ATVs allowed with ORV permit from March 2–October 31. 

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

• 15 mph speed limit (unless otherwise posted). 

• Quiet hours between 10 p.m. and 6 a.m. or as designated by superintendent. 

• Vehicle-free zone as posted. 

Bullfrog South ............................ 1,410 acres • Street-legal ATVs allowed with ORV permit from March 2–October 31. 


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2630 Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations 

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

Designated area or route for 

off-road motor vehicle use 

Approximate 

size Management prescriptions 

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

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

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

• Quiet hours between 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). 

(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). 

(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) * * * 

(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 


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Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations 2631 

publication on the recreation area 

website. 

* * * * * 

Shannon A. Estenoz, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2025–00509 Filed 1–10–25; 8:45 am] 

BILLING CODE 4312–52–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 406, 407, 410, 411, 416, 

419, 435, 440, 457, 482, and 485 

[CMS–1809–F2] 

RIN 0938–AV35 

Medicare and Medicaid Programs: 

Hospital Outpatient Prospective 

Payment and Ambulatory Surgical 

Center Payment Systems; Quality 

Reporting Programs, Including the 

Hospital Inpatient Quality Reporting 

Program; Health and Safety Standards 

for Obstetrical Services in Hospitals 

and Critical Access Hospitals; Prior 

Authorization; Requests for 

Information; Medicaid and CHIP 

Continuous Eligibility; Medicaid Clinic 

Services Four Walls Exceptions; 

Individuals Currently or Formerly in 

Custody of Penal Authorities; Revision 

to Medicare Special Enrollment Period 

for Formerly Incarcerated Individuals; 

and All-Inclusive Rate Add-On 

Payment for High-Cost Drugs Provided 

by Indian Health Service and Tribal 

Facilities; Correcting Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule with comment period; 

correcting amendment. 

SUMMARY: This document corrects 

technical and typographical errors in 

the final rule with comment period that 

appeared in the November 27, 2024 

Federal Register titled ‘‘Medicare and 

Medicaid Programs: Hospital Outpatient 

Prospective Payment and Ambulatory 

Surgical Center Payment Systems; 

Quality Reporting Programs, including 

the Hospital Inpatient Quality Reporting 

Program; Health and Safety Standards 

for Obstetrical Services in Hospitals and 

Critical Access Hospitals; Prior 

Authorization; Requests for Information; 

Medicaid and CHIP Continuous 

Eligibility; Medicaid Clinic Services 

Four Walls Exceptions; Individuals 

Currently or Formerly in Custody of 

Penal Authorities; Revision to Medicare 

Special Enrollment Period for Formerly 

Incarcerated Individuals; and AllInclusive Rate Add-On Payment for 

High-Cost Drugs Provided by Indian 

Health Service and Tribal Facilities’’. 

DATES: This correcting amendment is 

effective January 8, 2025, and is 

applicable beginning January 1, 2025. 

FOR FURTHER INFORMATION CONTACT: 

For OPPS/ASC related questions, 

contact Elise Barringer via email at 

Elise.Barringer@cms.hhs.gov or at (410) 

786–9222. 

For OPPS Addenda questions, contact 

Marina Kushnirova via email at 

Marina.Kushnirova@cms.hhs.gov. 

For ASC Addenda questions, contact 

Scott Talaga via email at Scott.Talaga@

cms.hhs.gov. 

For Health and Safety Standards for 

Obstetrical Services in Hospitals and 

Critical Access Hospitals questions, 

contact the Clinical Standards Group via 

email at HealthandSafetyInquiries@

cms.hhs.gov. 

For Hospital Outpatient Quality 

Reporting Program policies, contact 

Kimberly Go via email at Kimberly.Go@

cms.hhs.gov or Janis Grady via email at 

Janis.Grady@cms.hhs.gov. 

For Medicaid Clinic Services Four 

Walls Exceptions related questions, 

contact Sheri Gaskins via email at 

Sheri.Gaskins@cms.hhs.gov or Ryan 

Tisdale via email at Ryan.Tisdale@

cms.hhs.gov. 

For Medicaid and CHIP Continuous 

Eligibility questions, contact Cassie 

Lagorio via email at Cassandra.Lagorio@

cms.hhs.gov. 

For New Technology APC questions, 

contact Nicole Marcos via email at 

Nicole.Marcos@cms.hhs.gov. 

For Outpatient Department Prior 

Authorization Process, contact Kelly 

Wojciechowski via email at 

Kelly.Wojciechowski@cms.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the FR Doc. 2024–25521 of 

November 27, 2024 (89 FR 93912), there 

were a number of technical and 

typographical errors that are identified 

and corrected in this correcting 

document. The corrections in this 

correcting document are effective as if 

they had been included in the document 

that appeared in the November 27, 2024 

Federal Register. Accordingly, the 

corrections are effective January 1, 2025. 

II. Summary of Errors 

A. Summary of Errors in For Further 

Information Contact 

In the FOR FURTHER INFORMATION

CONTACT section, the email address for 

Kelly Wojciechowski is incorrect. 

B. Summary of Errors in the Preamble 

1. Hospital Outpatient Prospective 

Payment System (OPPS) Corrections 

On pages 94054 and 94055, we are 

correcting typographical errors. 

Specifically, we are correcting CPT code 

‘‘0899T’’ to ‘‘0889T’’. 

On pages 94111 and 94114, we 

referred to an incorrect APC assignment 

for CPT code 15013. We inadvertently 

failed to account for the impact on the 

amount of payment for the skin cell 

suspension autograft procedure 

described by CPT code 15013 

(Preparation of skin cell suspension 

autograft, requiring enzymatic 

processing, manual mechanical 

disaggregation of skin cells, and 

filtration; first 25 sq cm or less of 

harvested skin) of the assignment of this 

code to status indicator ‘‘T’’ (Procedure 

or Service, Multiple Procedure 

Reduction Applies; Paid under OPPS, 

separate APC payment) when we 

assigned CPT code 15013 to APC 1567 

New Technology—Level 30 ($6,001– 

$6,500), which has a payment rate of 

$6,250.50 and status indicator ‘‘T’’. 

In the final rule with comment period, 

we stated that when the full service 

(skin cell suspension autograft 

described by CPT codes 15011 through 

15018) is performed, meaning that the 

harvesting (described by CPT code 

15011), preparation (described by CPT 

code 15013), and application (described 

by CPT codes 15015 or 15017) steps are 

performed, the total cost for the service 

for CY 2025 would be approximately 

$10,000. However, because of the effect 

of the multiple procedure reduction, the 

total payment for the skin cell 

suspension autograft furnished using 

the RECELL System would have been 

approximately $8,000, contrary to the 

intended target of $10,000 as stated in 

the CY 2025 OPPS/ASC final rule with 

comment period. To correct this error, 

we are assigning CPT code 15013 to 

APC 1532 New Technology—Level 32 

($7,001–$7,500), which has a payment 

rate of $7,250.50 and status indicator 

‘‘S’’ (Procedure or Service, Not 

Discounted When Multiple, Paid under 

OPPS; separate APC payment.). 

On page 94120, we stated ‘‘We note 

that we will replace HCPCS code C9734 

with CPT code 5X008 (55882) effective 

January 1, 2025, as well as assign the 

underlying claims associated with 

HCPCS code C9734 to CPT code 5X008 

(55882).’’ While we intended to 

crosswalk the claims data for HCPCS 

code C9734 to CPT code 5X008 (55882) 

to determine the APC assignment for 

CPT code 5X008 (55882) for CY 2025, 

we did not intend to retire HCPCS code 

C9734 because, based on its descriptor, 


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