```

[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Proposed Rules]
[Pages 5786-5790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01210]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-ASIS-NPS0039274; INSERT BILLING CODE]
RIN 1024-AE90

Assateague Island National Seashore; Oversand Vehicles

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The National Park Service (NPS) proposes to amend the special 
regulations for Assateague Island National Seashore to remove certain 
permit eligibility requirements for motor vehicles that drive on 
designated beaches and oversand routes. The rulemaking would eliminate 
requirements addressing vehicle weight, ground clearance, and 
dimensions. These requirements were established in 1976 and are no 
longer necessary. In addition, the NPS proposes to make several 
technical, non-substantive changes to the regulations.

DATES: Comments on the proposed rule must be received by 11:59 p.m. ET 
on March 18, 2025.

ADDRESSES: You may submit comments, identified by Regulation Identifier 
Number (RIN) 1024-AE90, by either of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov/. Follow the instructions for submitting comments.
    (2) By hard copy: Mail to: Superintendent, Assateague Island 
National Seashore, 7206 National Seashore Lane, Berlin, Maryland 21811.
    Instructions: Comments will not be accepted by fax, email, or in 
any way other than those specified above. All submissions received must 
include the words ``National Park Service'' or ``NPS'' and must include 
the docket number or RIN (1024-AE90) for this rulemaking. Comments 
received may be posted without change to https://www.regulations.gov/, 
including any personal information provided.
    Docket: For access to the docket to read comments received, go to 
https://www.regulations.gov/ and search for ``1024-AE90''. In 
compliance with the Providing Accountability Through Transparency Act 
of 2023, the plain language summary of the proposal is available on 
Regulations.gov in the docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Hugh Hawthorne, Superintendent, 
Assateague Island National Seashore; (410) 629-6080 Ext 6080; 
[email protected]. 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-
of-contact in the United States.

SUPPLEMENTARY INFORMATION:

Background

Purpose and Significance of Assateague Island National Seashore

    In 1965, Congress established the Assateague Island National 
Seashore to protect and develop Assateague Island and certain adjacent 
waters and small marsh islands for public outdoor recreation use and 
enjoyment. 16 U.S.C 459f. Congress directed the Secretary of the 
Interior, acting through the NPS, to administer the Seashore for 
general purposes of public outdoor recreation, including conservation 
of natural features contributing to public enjoyment. 16 U.S.C. 459f-5. 
The NPS manages the Seashore as a unit of the National Park System. In 
addition to the Seashore that is managed by the NPS, other public lands 
on the island are managed by the Maryland Department of Natural 
Resources (Assateague State Park) and the U.S. Fish and Wildlife 
Service (Chincoteague National Wildlife Refuge).
    The dominant feature of the Seashore is Assateague Island, a 
barrier island that stretches 37 miles along the Atlantic Coast of 
Maryland and Virginia. The island is a dynamic place, altered daily by 
powerful wind and waves. It is the largest natural barrier island 
ecosystem in the mid-Atlantic region that remains predominantly 
unaffected by human development. Only a couple of miles wide at its 
broadest point, the island's terrain offers shelter to famed wild 
horses as well as sika deer, ghost crabs, and migrating birds such as 
the great blue heron and snowy egret. The Seashore is a three-hour 
drive from Washington, Baltimore, and Philadelphia. Visitors to the 
Seashore can explore sandy beaches, salt marshes, maritime forests, and 
coastal bays. Popular recreational activities include swimming in the 
ocean, paddling in coastal bays, fishing, hunting, stargazing, and 
photography.

Authority To Promulgate Regulations

    The NPS Organic Act (54 U.S.C. 100101 et seq.) gives the NPS broad 
authority to regulate the use of lands and waters under its 
jurisdiction, including a specific authority to promulgate regulations 
it considers necessary or proper for the use and management of National 
Park System units. 54 U.S.C. 100751(a). The enabling act for the 
Seashore allows the NPS to use applicable legal authorities, including 
those provided by the Organic Act, for the conservation and management 
of natural resources. 16 U.S.C. 459f-5.
    Executive Order 11644, Use of Off-Road Vehicles on the Public 
Lands, was issued in 1972 and amended by Executive Order 11989 in 1977. 
Executive Order 11644 required Federal agencies to issue regulations 
designating specific areas and routes on public lands where the use of 
off-road vehicles 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,

[[Page 5787]]

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. Such routes and areas may be designated only in national 
recreation areas, national seashores, national lakeshores, and national 
preserves. This proposed rule would remove regulatory requirements for 
the use of oversand vehicles (OSVs) on designated beaches and oversand 
routes in the Seashore in compliance with 36 CFR 4.10 and Executive 
Orders 11644 and 11989.

Use and Management of OSVs in the Seashore

    The use of OSVs for access and recreation is a traditional activity 
that occurred on Assateague Island prior to the establishment of the 
Seashore. Oversand driving continues to this day and allows visitors to 
access locations within the Seashore, including remote areas, for 
recreational activities such as fishing, crabbing, viewing wildlife, 
and enjoying coastal scenery. The NPS formalized management of OSV use 
with the promulgation of special regulations in 1974 (39 FR 31633). 
These regulations established a system of oversand permits to manage 
the use of OSVs. These regulations designated areas for using OSVs 
under permit, provided rules of travel, and authorized the suspension 
or revocation of a permit for violating the regulations. In 1976 the 
NPS amended the special regulations (41 FR 15008) to allow the 
superintendent to establish a system of special recreation permits and 
fees for OSVs. The revised regulations also authorized OSV use in 
designated areas; established quantified standards to determine whether 
an OSV qualifies for a permit; and restricted the use of towed travel 
trailers. The OSV regulations for the Seashore have not changed since 
they were last amended in 1976.
    Using the superintendent's authority to establish a permit system, 
the superintendent has established additional management prescriptions 
for OSVs in the superintendent's compendium (or written compilation) of 
discretionary actions taken by the superintendent that is referred to 
in NPS regulations at 36 CFR 1.7(b). Among other actions, the 
compendium requires OSVs to have four-wheel or all-wheel drive and 
limits the number of OSVs that may be used in the Seashore. No more 
than 145 OSVs are allowed at any one time in designated OSV areas in 
Maryland. The NPS manages vehicle access on a one-off, one-on basis 
after this limit has been reached.
    In 2021 the NPS issued a Record of Decision (ROD) finalizing a 
General Management Plan (GMP) for the Seashore. The GMP provides a 
decision-making framework that ensures that management decisions 
effectively and efficiently carry out the NPS mission at the Seashore 
into the future. The ROD states that the NPS will manage OSV use for 
maximum flexibility to respond to changing conditions, protect 
sensitive resources, and minimize conflicts with other uses of the 
Seashore. The ROD also states that the NPS will periodically review 
regulations for OSV use at the Seashore and make changes if conditions 
render changes necessary.

Proposed Rule

    This proposed rule would amend the special regulations for the 
Seashore at 36 CFR 7.65(b) by revising the quantified standards used to 
determine if a motor vehicle qualifies for a permit that authorizes 
driving on designated beaches and oversand routes. The rulemaking would 
remove requirements that (1) the gross vehicle weight rating (GVWR) 
does not exceed 10,000 pounds; (2) the vehicle has at least seven 
inches of ground clearance; and (3) the vehicle does not exceed 26 feet 
in length and 8 feet in width. These requirements were established in 
1976 and are no longer necessary. In addition, this rulemaking would 
make several technical, non-substantive changes to the regulations. All 
of these changes are discussed in more detail below.

GVWR Requirement

    Gross vehicle weight is the base curb weight of a vehicle plus 
actual cargo weight and passengers. Gross vehicle weight is not a limit 
or specification. It is an actual weight that should never exceed the 
GVWR for the vehicle. The GVWR is established by the manufacturer and 
is the total weight the vehicle can safely carry. The National Highway 
Traffic Safety Administration (NHTSA) requires manufacturers to label 
the GVWR on all vehicles, which includes passenger cars, trucks, and 
buses. The label is typically found on the driver's side door jamb or 
the door itself. While a vehicle's actual weight can fluctuate based on 
load, the GVWR is a specific figure that does not change.
    The current regulations for the Seashore require the GVWR of a 
vehicle to be less than or equal to 10,000 pounds in order to be 
eligible for an OSV driving permit. 36 CFR 7.65(b)(2)(ii)(D). The 
Seashore is the only National Park System unit with an OSV permit 
system that prescribes a vehicle weight limit.\1\ Although the NPS did 
not explain the need for this specific requirement when it was 
established in 1976, it was most likely established to help ensure the 
safe use of two bridges that provided access to and from private land 
within the boundary of the Seashore. These lands have since reverted 
back to NPS ownership. No private property interests remain within the 
Seashore. One of the bridges no longer exists and the other is no 
longer open to motor vehicles.
---------------------------------------------------------------------------

    \1\ See special regulations for Gulf Island National Seashore 
(36 CFR 7.12), Gateway National Recreation Area (36 CFR 7.29), Cape 
Lookout National Seashore (36 CFR 7.49), Cape Hatteras National 
Seashore (36 CFR 7.58), and Cape Cod National Seashore (36 CFR 
7.67).
---------------------------------------------------------------------------

    The NPS does not expect the removal of the GVWR requirement to 
result in adverse impacts to resources at the Seashore. Soil compaction 
and self-repair from tide cycles mitigate damage to sand on beaches 
used by OSVs. The NPS uses vehicles that weigh more than 10,000 pounds 
for administrative actions (e.g., moving beached whales, repairing 
boundary fences) that do not result in damage to the sand for those 
reasons. There are many other requirements in the special regulations 
for the Seashore that mitigate impacts to natural resources from beach 
driving, the most important being requirements to stay on designated 
routes and areas that keep OSVs away from dunes and vegetation. Cutting 
circles and needlessly defacing the sand also is prohibited.
    Several models of trucks meet or exceed the current limit of 10,000 
pounds.\2\ This proposed rule would make those vehicles eligible to 
receive OSV driving permits. This would create more opportunities for 
recreation by increasing the pool of applicants that is eligible to 
receive an OSV driving permit, without any adverse impacts to 
resources.
---------------------------------------------------------------------------

    \2\ Examples include Ford F-250, Ford F-450, GMC Sierra 2500HD, 
Chevy Silverado 2500HD Work Truck, and Ram 2500 Tradesman. Source: 
Edmunds.com (last visited December 5, 2024).
---------------------------------------------------------------------------

Vehicle Ground Clearance

    Ground clearance refers to the vertical distance between a 
vehicle's undercarriage or underside of the chassis and the ground. The 
current regulations for the Seashore require a vehicle to have a 
minimum ground clearance of seven inches in order to be eligible for an 
OSV driving permit. 36 CFR 7.65(b)(2)(ii)(D). Like the GVWR 
requirement, the NPS did not explain the need for this specific 
requirement when it was established in 1976. The NPS assumes that it 
was established to help prevent vehicles from getting stuck on the 
sand. Although ground clearance can be a contributing factor to whether

[[Page 5788]]

a vehicle becomes stuck, a specific, minimum ground clearance 
requirement has disadvantages as a management action, and ground 
clearance in general is not among the most important factors that cause 
vehicles to become stuck.
    Variation in vehicle design, manufacturing, and owner modifications 
have made the minimum ground clearance requirement difficult to measure 
and challenging to enforce. Ground level clearance can vary across the 
same model of a vehicle due to several factors such as trim levels, 
suspension types, packages and options, wheel and tire sizes, load and 
weight, production variations, and owner modifications. Further, the 
NPS has no documented or observational evidence that seven inches of 
ground clearance is a meaningful distance compared to other clearance 
levels from the ground. Many contemporary sport-utility-vehicles (SUVs) 
have less than seven inches of ground clearance.\3\ The NPS has no 
reason to believe that vehicles with less than seven inches of ground 
clearance, as a category, are incapable of driving directly over sand.
---------------------------------------------------------------------------

    \3\ Examples include Toyota C-HR, Buick Encore, Mini Cooper 
Countryman, Kia Soul, Hyundai Kona, Ford Escape, Kia Sorento, and 
Cadillac XTC. Source: https://motorandwheels.com/suvs-with-lowest-ground-clearance/ (last visited December 6, 2024).
---------------------------------------------------------------------------

    In general, insufficient vehicle ground clearance rarely causes 
vehicles to get stuck at the Seashore if other contributing factors are 
not present. In most cases, vehicles become stuck because the tires 
have not been properly deflated, which is recommended for all vehicles. 
In almost all other cases, vehicles become stuck because they are 
driven into dunes or wet sand, or because they do not have modern 
vehicle technology that did not exist when the existing regulations 
were issued in 1976. This technology includes electronic stability 
control,\4\ traction control systems, modern four-wheel drive (4WD), 
and all-wheel drive (AWD). Tire choice and condition also has a 
meaningful effect on vehicle traction over sand. Driver judgement, 
skill, and responsibility are other key factors. The NPS offers tips on 
the Seashore website to help avoid vehicles getting stuck. Examples are 
(1) spinning a vehicle's tires makes them dig deeper into the sand 
thereby increasing the chance the vehicle's frame will bottom out; (2) 
after stopping a vehicle back up several feet before proceeding 
forward; (3) carry 4 boards (2''x 6''x 36'') for placement under each 
tire when stuck; (4) driving in the tracks of another vehicle is easier 
than driving through fresh sand; and (5) walk across soft sand first to 
be sure that it will hold your vehicle. Existing regulations require 
vehicles to carry a shovel and a tow rope or chain that can help clear 
vehicles off the sand when they do get stuck. 36 CFR 7.65(b)(2)(ii)(A). 
The factors described above demonstrate that there are many ways to 
avoid vehicles getting stuck in the sand that do not require a minimum 
ground clearance requirement, which is poorly tailored to the problem 
it is intended to address and difficult to administer and enforce.
---------------------------------------------------------------------------

    \4\ NHTSA required all new passenger vehicles with a GVWR of 
10,000 or less to be equipped with electronic stability control 
beginning in model year 2012. 72 FR 17236 (April 6, 2007).
---------------------------------------------------------------------------

Vehicle Length and Width

    The current regulations for the Seashore require a vehicle to be no 
longer than 26 feet and no wider than 8 feet in order to be eligible 
for an OSV driving permit. 36 CFR 7.65(b)(2)(ii)(D). Like the GVWR and 
ground clearance requirements, the NPS did not explain the need for 
these specific requirements when they were established in 1976. The NPS 
speculates that they may have been established in reference to the size 
of military surplus vehicles that were commonly used at the time for 
off-road driving. In any event, the NPS does not manage vehicle 
dimensions using the length and width requirements in the regulations 
anymore. Vehicle width is limited in practice by the size of the gate 
that provides OSV access to the designated beaches and oversand routes. 
This limiting factor, together with the requirement in the special 
regulations that vehicles have no more than 2 axles, has proven to be 
sufficient to keep vehicles that are too large from entering the 
designated OSV routes and areas.

Technical, Non-Substantive Changes

    In addition to the changes described above, this rulemaking would 
make several technical, non-substantive changes to the current 
regulations.
    In the existing table codified at 36 CFR 7.65(b)(2)(ii)(D), there 
is a row entitled ``maximum number of wheels (per axle)'' but there is 
no corresponding number in the right-hand column. When the regulations 
were published in 1976, the table showed ``2'' as the maximum number of 
wheels per axle, but then in 1999, a printing error resulted in the 
omission of that number from the table, where it has not appeared for 
25 years. For some time, the NPS has issued permits to OSVs that have 
up to four wheels per axle without any observed adverse impacts to 
resources or visitors. In order to eliminate potential confusion about 
what the CFR requires compared to current management of OSVs, this 
rulemaking would remove the reference to ``maximum number of wheels 
(per axle)'' in the regulations.
    Because the rulemaking would remove all of the quantified standards 
in the existing table except for the requirement that vehicles have no 
more than two axles, having a table is no longer necessary. As a 
result, the rulemaking would remove the table and instead locate the no 
more than two axle requirement in paragraph (b)(2)(ii)(D), in narrative 
form. Revised paragraph (b)(2)(ii)(D) would omit an existing reference 
to ``four-wheel-drive vehicles'' that is located in an introductory 
clause to the table. The rulemaking also would remove the paragraph 
immediately following the table. The first part of that paragraph 
establishes specific requirements for two-wheel-drive vehicles. The 
references to four-wheel-drive vehicles (before the table) and to two-
wheel-drive vehicles (after the table) are no longer necessary because 
all OSVs must have 4WD or AWD by administrative action in the 
superintendent's compendium. The rest of the paragraph immediately 
following the table provides an exception to the vehicle dimension 
requirements that would no longer be necessary because the dimension 
requirements would be removed. Finally, the rulemaking would remove the 
defined term ``dunes crossing,'' which is not used elsewhere in the 
special regulations.

Compliance With Other Laws, Executive Orders and Department Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563 and 
14094)

    Executive Order (E.O.) 14094 amends E.O. 12866 and reaffirms the 
principles of E.O. 12866 and E.O. 13563 and states that regulatory 
analysis should facilitate agency efforts to develop regulations that 
serve the public interest, advance statutory objectives, and are 
consistent with E.O. 12866 and E.O. 13563. Regulatory analysis, as 
practicable and appropriate, shall recognize distributive impacts and 
equity, to the extent permitted by law. E.O. 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 developed this rulemaking in a manner consistent 
with these requirements.
    E.O. 12866, as reaffirmed by E.O. 13563 and amended and reaffirmed 
by E.O. 14094, provides that the Office of Information and Regulatory 
Affairs

[[Page 5789]]

(OIRA) in the Office of Management and Budget (OMB) will review all 
significant rules. OIRA determined that this proposed rule is not 
significant.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

    This proposed rule would not have a significant economic effect on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). No small entities would be directly 
regulated by the proposed rule, which would modify vehicle requirements 
for visitors seeking to obtain an OSV permit for driving on designated 
beaches and oversand routes. OSV permits are non-transferable which 
means that only those persons who initially receive a permit would be 
affected by changes to permitting requirements. There is no limit on 
the number of permits that can be issued. On average, the NPS issues 
1,000 OSV permits per year. In recent years, approximately 10% of 
permit applications have been denied due to vehicles not meeting the 
GWVR requirement. The NPS has not denied any permit applications for 
failure to meet the minimum ground clearance requirement or the vehicle 
dimension requirements because they have not been enforced by the NPS 
for the reasons explained above. As discussed above, the NPS expects 
that the rulemaking would slightly increase the pool of applicants 
eligible to receive an OSV permit by removing the GVWR requirement. 
This could lead to an incremental increase of visitor activity at the 
Seashore. The NPS expects this effect, however, to be mitigated by the 
fact that on many days in peak season the designated beaches and 
oversand routes are at maximum capacity for OSVs early in the morning 
through late evening. When this occurs, although the composition of 
visitors recreating in the designated OSV areas may be different, the 
total amount of visitor activity will remain the same. In summary, the 
NPS has considered whether this rulemaking will result in a significant 
economic impact on a substantial number of small entities. The NPS 
certifies that this rulemaking will not have a significant economic 
impact on a substantial number of small business entities. Therefore, a 
regulatory flexibility analysis is not required.

Congressional Review Act

    This proposed rule is not a major rule under 5 U.S.C. 804(2). This 
proposed 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 (2 U.S.C. 1501 et seq.)

    This proposed 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 proposed rule 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 (E.O. 12630)

    This proposed rule does not effect a taking of private property or 
otherwise have takings implications under E.O. 12630. A takings 
implication assessment is not required.

Federalism (E.O. 13132)

    Under the criteria in section 1 of E.O. 13132, the proposed rule 
does not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement. This proposed 
rule only affects use of federally administered lands and waters. It 
has no direct effects on other areas. A federalism summary impact 
statement is not required.

Civil Justice Reform (E.O. 12988)

    This proposed rule complies with the requirements of E.O. 12988. 
This proposed 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 (E.O. 13175 and Department Policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian Tribes and recognition of their 
right to self-governance and Tribal sovereignty. The NPS has evaluated 
this proposed rule under the criteria in E.O. 13175 and under the 
Department's Tribal consultation policy and has determined that Tribal 
consultation is not required because the proposed rule will have no 
substantial direct effect on federally recognized Indian Tribes. 
Nevertheless, in support of the Department of the Interior's and the 
NPS's commitment to government-to-government consultation, the NPS 
intends to send letters of notification to Indian Tribes that are 
traditionally associated with the land that is now part of the 
Seashore, including the Accohannock, Pocomoke, Nanticoke, and 
Assateague peoples.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This rulemaking contains existing information collections. All 
information collections require approval by the Office of Management 
and Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA, 44 
U.S.C. 3501 et seq.). We may not conduct or sponsor, and you are not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. OMB has reviewed and approved the 
information collection requirements associated with this rulemaking and 
assigned OMB Control Number 1024-0026 (expires March 31, 2027). This 
proposed rule contains no new information requirements that will affect 
the currently approved information collection. The NPS will use 
Recreation.gov to collect information necessary to make the financial 
transaction required to purchase an OSV permit.

National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et 
seq.)

    This proposed rule does not constitute a major Federal action 
significantly affecting the quality of the human environment. A 
detailed statement under the National Environmental Policy Act of 1969 
(NEPA) is not required because the rulemaking is covered by a 
categorical exclusion. NPS NEPA Handbook (2015) Section 3.3.D.3 allows 
for the following to be categorically excluded: Minor changes in 
programs and regulations pertaining to visitor activities. This 
rulemaking would make minor changes to the eligibility requirements for 
obtaining an OSV permit for the Seashore. The substantial majority of 
requirements for OSV use at the Seashore will remain the same. The NPS 
has also determined that the proposed rule does not involve any of the 
extraordinary circumstances listed in 43

[[Page 5790]]

CFR 46.215 that would require further analysis under NEPA.

Effects on the Energy Supply (E.O. 13211)

    This proposed rule is not a significant energy action under the 
definition in E.O. 13211; the proposed rule is not likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy, and the proposed rule has not otherwise been designated by the 
Administrator of Office of Information and Regulatory Affairs as a 
significant energy action. A statement of energy effects is not 
required.

Clarity of This Rulemaking

    The NPS is required by E.O.s 12866 (section 1(b)(12)) and 12988 
(section 3(b)(1)(B)), and 13563 (section 1(a)), and by the Presidential 
memorandum of June 1, 1998, to write all rules in plain language. This 
means that each rule the NPS publishes must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use common, everyday words and clear language rather than 
jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that the NPS has not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help the NPS revise the rule, your comments should be as 
specific as possible. For example, you should identify the numbers of 
the sections or paragraphs that you find unclear, which sections or 
sentences are too long, the sections where you feel lists or tables 
would be useful, etc.

Public Participation

    It is the policy of the Department of the Interior, whenever 
practicable, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons may submit written 
comments regarding this proposed rule by one of the methods listed in 
the ADDRESSES section of this document.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time.

List of Subjects in 36 CFR Part 7

    National parks, Reporting and Recordkeeping requirements.

    For the reasons stated in the preamble, and under the authority of 
16 U.S.C. 363 and 54 U.S.C. 100751, the National Park Service proposes 
to amend 36 CFR part 7, as set forth below:

PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

0
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 DC Code 10-137 and DC Code 50-2201.07.

0
2. Amend Sec.  7.65 by removing paragraph (b)(1)(iv) and revising 
paragraph (b)(2)(ii)(D) to read as follows:

Sec.  7.65  Assateague Island National Seashore.

* * * * *
    (b) * * *
    (2) * * *
    (ii) * * *
    (D) Which has more than two axles on vehicles and trailers towed by 
any vehicle.
* * * * *

Shannon Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2025-01210 Filed 1-16-25; 8:45 am]
BILLING CODE 4312-52-P
```