5786 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Proposed Rules 

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Department. 

Glenna Wright-Gallo, 

Assistant Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2025–01337 Filed 1–16–25; 8:45 am] 

BILLING CODE 4000–01–P 

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; hugh_

hawthorne@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. 

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 OffRoad Vehicles on the Public Lands, was 

issued in 1972 and amended by 

Executive Order 11989 in 1977. 

Executive Order 11644 required Federal 

agencies to issue regulations designating 

specific areas and routes on public 

lands where the use of off-road vehicles 

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, 


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Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Proposed Rules 5787 

1See 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). 

2Examples 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). 

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 decisionmaking 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. 

The NPS does not expect the removal 

of the GVWR requirement to result in 

adverse impacts to resources at the 

Seashore. Soil compaction and selfrepair 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. 

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 


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3Examples 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-withlowest-ground-clearance/ (last visited December 6, 

2024). 

4NHTSA 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). 

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-utilityvehicles (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. 

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 fourwheel 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. 

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-wheeldrive 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 


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Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Proposed Rules 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-togovernment relationship with Indian 

Tribes through a commitment to 

consultation with Indian Tribes and 

recognition of their right to selfgovernance 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 


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5790 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Proposed Rules 

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 

■ 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. 

■ 2. Amend § 7.65 by removing 

paragraph (b)(1)(iv) and revising 

paragraph (b)(2)(ii)(D) to read as follows: 

§ 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2024–0600; FRL–12508– 

01–R9] 

Air Plan Revisions; Arizona; Arizona 

Department of Environmental Quality 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing an approval 

and a limited approval and limited 

disapproval of a State Implementation 

Plan (SIP) submission made by the State 

of Arizona to address emissions of 

particulate matter 10 micrometers in 

diameter or smaller (PM10) from 

agricultural operations. The SIP 

submission includes an amended 

statute, two definition rules, and two 

rules regulating crop and animal 

operations in Pinal County, Arizona. We 

are proposing action on local rules to 

regulate these emission sources under 

the Clean Air Act (CAA or ‘‘Act’’). We 

are taking comments on this proposal 

and plan to follow with a final action. 

DATES: Comments must be received on 

or before February 18, 2025. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2024–0600 at https://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

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

other file sharing system). For 

additional submission methods, please 

contact one of the people identified in 

the FOR FURTHER INFORMATION CONTACT

section. For the full EPA public 

comment policy, information about CBI 

or multimedia submissions, and general 

guidance on making effective 

comments, please visit https://

www.epa.gov/dockets/commenting-epadockets. If you need assistance in a 

language other than English or if you are 

a person with a disability who needs a 

reasonable accommodation at no cost to 

you, please contact one of the people 

identified in the FOR FURTHER

INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: For 

general inquiries and inquiries related 

to the Arizona Administrative Code: 

Christine Vineyard, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 947–4125; email 

at vineyard.christine@epa.gov. For 

inquiries related to the Arizona Revised 

Statutes: Alina Batool, EPA Region IX, 

75 Hawthorne St., San Francisco, CA 

94105. By phone (415) 972–3345; email 

at batool.alina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What did the State submit? 

B. Are there other versions of the statute 

and rules? 

C. What is the purpose of the submitted 

rule and statutory revisions? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the statute 

and rules? 


KHAMMOND on DSK9W7S144PROD with PROPOSALS