72316 Federal Register / Vol. 72, No. 244 / Thursday, December 20, 2007 / Proposed Rules 

shall be made by submission of a 

completed Claims Collection Litigation 

Report (CCLR), accompanied by a 

signed Certificate of Indebtedness. 

Claims of less than the minimum 

amount shall not be referred unless 

litigation to collect such smaller claims 

is important to ensure compliance with 

TRICARE’s policies or programs; the 

claim is being referred solely for the 

purpose of securing a judgment against 

the debtor, which will be filed as a lien 

against the debtor’s property pursuant to 

28 U.S.C. 3201 and returned to the 

referring office for enforcement; or the 

debtor has the clear ability to pay the 

claim and the Government effectively 

can enforce payment, with due regard 

for the exemptions available to the 

debtor under state and Federal law and 

judicial remedies available to the 

Government. 

(2) Preservation of evidence. The 

Director, TMA, or a designee will take 

such action as is necessary to ensure 

that all files, records and exhibits on 

claims referred, hereunder, are properly 

preserved. 

(i) Claims involving indication of 

fraud, filing of false claims or 

misrepresentation. Any case in which 

there is an indication of fraud, the filing 

of a false claim or misrepresentation on 

the part of the debtor or any party 

having an interest in the claim, shall be 

promptly referred to the Director, TMA, 

or designee. The Director, TMA, or a 

designee, will investigate and evaluate 

the case and either refers the case to an 

appropriate investigative law 

enforcement agency or return the claim 

for other appropriate administrative 

action, including collection action 

under this section. Payment on all 

TRICARE beneficiary or provider claims 

in which fraud, filing false claims or 

misrepresentation is suspected will be 

suspended until the Director, TMA, or 

designee, authorizes payment or denial 

of the claims. Collection action on all 

claims in which a suspicion of fraud, 

misrepresentation or filing false claims 

arises, will be suspended pending 

referral to the appropriate law 

enforcement agencies by the Director, 

TMA, or a designee. Only the 

Department of Justice has authority to 

compromise, suspend or terminate 

collection of such debts. 

Dated: December 14, 2007. 

L.M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. E7–24707 Filed 12–19–07; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

Establishment of Negotiated 

Rulemaking Advisory Committee for 

Off-Road Vehicle Management, Cape 

Hatteras National Seashore 

AGENCY: National Park Service (NPS), 

Interior. 

ACTION: Notice of establishment and 

Notice of the first and second meetings 

of the Negotiated Rulemaking Advisory 

Committee for Off-Road Vehicle 

Management at Cape Hatteras National 

Seashore. 

SUMMARY: The Negotiated Rulemaking 

Advisory Committee for Off-Road 

Vehicle Management at Cape Hatteras 

National Seashore (Seashore) is 

established under the authority of 16 

U.S.C. 1a–2(c), and in accordance with 

the Negotiated Rulemaking Act, 5 U.S.C. 

561–570. The establishment of this 

Committee is in the public interest and 

supports the NPS in performing its 

duties and responsibilities under the 

NPS Organic Act, 16 U.S.C. 1 et seq.; 

Executive Order 11644, as amended by 

Executive Order 11989; 36 CFR 4.10; the 

Endangered Species Act, 16 U.S.C. 1531 

et seq.; the enabling legislation for the 

Seashore, 16 U.S.C. 459 et seq.; and 

other legal authorities. 

An unusual combination of events in 

the preparation, approval, and 

transmission of this notice has resulted 

in the publication of this notice less 

than 15 days before the date of the first 

meeting and official date of 

establishment. The National Park 

Service has made extraordinary efforts 

to provide other forms of notification to 

all Committee members and to the 

public. 

DATES: The Committee will hold its first 

meeting on January 3–4, 2008, from 8:30 

a.m. to 5:30 p.m. on January 3, and from 

8:30 a.m. to 3:30 p.m. on January 4. The 

meetings on both days will be held at 

the Avon Fire Hall, 40159 Harbor Drive, 

Avon, North Carolina 27915. 

The Committee will hold its second 

meeting on February 26–27, 2008, from 

8:30 a.m. to 5:30 p.m. on February 26, 

and from 8:30 a.m. to 3:30 p.m. on 

February 27. The meetings on both days 

will be held at the Ramada Inn, 1701 

South Virginia Dare Trail, Kill Devil 

Hills, North Carolina 27948. 

FOR FURTHER INFORMATION CONTACT: 

Mike Murray, Superintendent, Outer 

Banks Group, 1401 National Park Drive, 

Manteo, North Carolina 27954, (252) 

473–2111, ext. 148. 

SUPPLEMENTARY INFORMATION: The 

Committee’s function is to assist 

directly in the development of special 

regulations for management of off-road 

vehicles (ORVs) at Cape Hatteras 

National Seashore (Seashore). Executive 

Order 11644, as amended by Executive 

Order 11989, requires certain Federal 

agencies to publish regulations that 

provide for administrative designation 

of the specific areas and trails on which 

ORV use may be permitted. In response, 

the NPS published a general regulation 

at 36 CFR 4.10, which provides that 

each park that designates routes and 

areas for ORV use must do so by 

promulgating a special regulation 

specific to that park. It also provides 

that the designation of routes and areas 

shall comply with Executive Order 

11644, and 36 CFR 1.5 regarding 

closures. Members of the Committee 

will negotiate to reach consensus on 

concepts and language to be used as the 

basis for a proposed special regulation, 

to be published by the NPS in the 

Federal Register, governing ORV use at 

the Seashore. The duties of the 

Committee are solely advisory. 

In accordance with the Negotiated 

Rulemaking Act, 5 U.S.C. 561–570, a 

Notice of Intent to Establish a 

Negotiated Rulemaking Advisory 

Committee was published in the 

Federal Register on June 28, 2007, 

providing a 30-day public comment 

period which concluded July 30, 2007. 

The NPS received 143 comment letters 

or comment entries in the NPS 

Planning, Environment, and Public 

Comment (PEPC) on-line system during 

the comment period. 

Responses to Comments Suggesting 

Additions to the Committee 

The NPS received comments from a 

number of nonresident owners and 

renters of vacation homes asking that 

representatives of the Hatteras Landing 

Homeowners Association, Inc., and the 

Hatteras Island Homeowners Coalition 

be appointed as members of the 

Committee to represent their interests 

(nonresident property owners/renters 

and pedestrian and safety issues 

respectively) and to better balance the 

representation of interests on the 

Committee. One commenter noted that 

Hatteras Island is a premier surfing 

destination on the East Coast, and asked 

that NPS consider appointing a local 

resident from the Eastern Surfers 

Association or a representative from the 

Surfrider Foundation to represent 

interests of surfers. 

Response 

The NPS is aware that a balanced 

Committee is necessary for discussions 


jlentini on PROD1PC65 with PROPOSALS
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to be meaningful and fair. The 

Negotiated Rulemaking Act states that a 

Federal agency considering negotiated 

rulemaking must determine that there 

are a limited number of identifiable 

interests that will be significantly 

affected by the rule, and that there is a 

reasonable likelihood that a committee 

can be convened with a balanced 

representation of persons who can 

adequately represent the interests 

identified. The Act also states that a 

Federal agency can use the services of 

a ‘‘convener’’ to make these 

determinations. The NPS, working 

through the U.S. Institute for 

Environmental Conflict Resolution, 

contracted with the Consensus Building 

Institute and Fisher Collaborative 

Services, which subsequently assisted 

in identifying interests that would be 

significantly affected by a proposed 

rule, and representatives of those 

interests. The Cape Hatteras National 

Seashore: Negotiated Rulemaking 

Feasibility Report (Feasibility Report) 

noted that there is no Outer Banks-wide 

organization that represents nonresident 

property owners and that there is no 

known, local or regional organized 

group whose primary interest is 

pedestrian beach use and public safety. 

The NPS agrees that nonresident 

homeowner and pedestrian-only areas 

interests are underrepresented in its 

initial proposal. Accordingly, NPS has 

recommended that the Hatteras Landing 

Homeowners Association be given a seat 

on the Committee with its president, 

Jeffrey Wells, appointed as a member to 

represent the interests of nonresident 

homeowners. The NPS has further 

recommended that the Hatteras Island 

Homeowners Coalition be given a seat 

on the Committee with its president, 

Stephen Kayota, appointed as a member 

to represent pedestrian and safety 

interests. 

The Surfrider Foundation and the 

Eastern Surfing Association promote 

conservation and protection of ocean 

and coastal environments from 

pollution. Because the conservation and 

environmental protection interest is 

represented by other groups with 

similar perspectives, NPS determined 

that the interests of surfers would be 

represented adequately by the other 

conservation/environmental groups and 

that the access and experience interests, 

which are also important to surfers, 

would be represented adequately by 

other groups in the user category such 

as the Cape Hatteras Recreational 

Alliance and the Watersports Industry 

Association. 

Comments Suggesting Restructuring the 

Committee 

Several comments stated that the 

Committee was not balanced, citing the 

overlapping group memberships of a 

number of the ORV and recreational 

fishing proponent members. One 

comment suggested that a smaller and 

more balanced Committee should be 

created. Some comments suggested 

removing proposed members perceived 

as argumentative, biased, and not 

willing to look for consensus. 

A Commenter also suggested that the 

two proposed representatives from the 

Watersports Industry Association be 

replaced by representatives from the 

Eastern Surfing Association or the 

Surfrider Foundation to represent 

interests of surfers. This comment 

questioned the appropriateness of 

appointing individuals with vested 

business interests in access to the beach 

for business purposes and stated that 

the Watersports Industry Association 

does not have a broad base of support 

for the sports enjoyed on Hatteras and 

Ocracoke. 

Response 

The NPS understands that a number 

of representatives have overlapping 

memberships in different groups. The 

Feasibility Report also noted this 

overlap while recognizing that, even 

though there are common interests, each 

member also represents a different 

perspective and interest that needs to be 

represented for the Committee to 

negotiate a proposed rule that will 

consider all interests. All interest groups 

significantly affected by the ORV 

regulation must be involved in any 

meaningful negotiation. Moreover, the 

final membership proposed must 

represent a balance of interests. The 

NPS believes that the final composition 

of the Committee will accomplish these 

purposes. 

The NPS has been advised by the 

Department of the Interior ethics office 

that appointment to a negotiated 

rulemaking committee of individuals 

with interests in access to the beach for 

business purposes is acceptable. 

Further, ethics rules relating to advisory 

committees will be discussed at an early 

meeting of the Committee to ensure that 

members understand them. Finally, NPS 

agrees that the Watersports Industry 

Association is concerned with a broader 

spectrum of activities than are enjoyed 

at Cape Hatteras National Seashore, but 

notes that those activities, such as 

surfing, enjoyed on Hatteras and 

Ocracoke are included within its 

interests. 

Comments on Committee Purpose and 

Process 

Comments were received on 

additional factors surrounding the 

establishment of the Committee. 

Broadly categorized, these comments 

addressed: the willingness of members 

to negotiate and reach consensus, and 

proposed procedures and guidelines for 

the Committee. 

Response 

Committee members are required to 

negotiate in good faith, including 

considering others’ perspectives and 

approaching negotiations with an open 

mind. Every proposed Committee 

member has agreed to do this. Also, to 

police itself, the Committee will adopt 

ground rules to enhance its ability to 

negotiate and reach consensus. Finally, 

the NPS Designated Federal Official for 

the Committee has the authority to 

recommend to the Secretary that a 

member who is not negotiating in good 

faith be removed from the Committee. 

The procedures and guidelines for the 

Committee that one commenter 

proposed are similar to those 

recommended by the Feasibility Report 

with which the NPS has concurred. The 

NPS expects that the Committee will 

consider these procedures and 

guidelines when it adopts its ground 

rules. 

Additional Comments 

A number of comments were received 

that did not address the establishment, 

scope or membership of the negotiated 

rulemaking Committee, but did address 

the general issue of ORVs at Cape 

Hatteras National Seashore. Those 

comments fell into the following 

categories: Support or opposition for 

different levels of ORV access; options 

for specific elements of an ORV 

management plan; opinions on the 

meaning of the Seashore’s enabling 

legislation; support for strict 

enforcement and penalties for violations 

of ORV regulations; concerns about 

visitor safety and beach driving; park 

values, including recreational surffishing, enjoyment of wildlife and 

nature, opportunity for family bonding, 

and enjoyment of the park’s beaches; 

potential impacts of ORV management 

on socioeconomics, visitor use and 

experience, wildlife and wildlife 

habitat, and topographic conditions; the 

recent U.S. District Court Order; the 

Interim Protected Species Management 

Strategy/Environmental Assessment; 

and the proposed critical habitat 

designation. 


jlentini on PROD1PC65 with PROPOSALS
72318 Federal Register / Vol. 72, No. 244 / Thursday, December 20, 2007 / Proposed Rules 

Response 

The NPS is preparing an ORV 

Management Plan and associated 

environmental impact statement that 

will evaluate a full range of reasonable 

alternatives for ORV management at 

Cape Hatteras National Seashore. The 

NPS will take these comments into 

consideration when preparing the plan. 

Committee Membership 

The Secretary of the Interior has 

appointed the following primary and 

alternate members to the Committee: 

Civic and Homeowner Associations: 

1. Rodanthe-Waves-Salvo Civic 

Association, member C.A. Duke, 

alternate Pat Weston (Greater Kinnakeet 

Shores Homeowners, Inc., and 

Rodanthe-Waves-Salvo Civic 

Association). 

2. Avon Property Owners Association, 

member Frank Folb, alternate Pat 

Weston (Greater Kinnakeet Shores 

Homeowners, Inc., and RodantheWaves-Salvo Civic Association). 

3. Hatteras Island Homeowners 

Coalition, member Steven Kayota, 

alternate Vincenzo Sanguineti (Hatteras 

Island Homeowners Coalition). 

4. Hatteras Village Civic Association, 

member Roy Kingery. 

5. Hatteras Landing Homeowners 

Association, Inc., member Jeffrey Wells. 

Commercial Fishermen: 

6. North Carolina Fisheries 

Association, Michael Peele, alternate 

William Foster (North Carolina 

Fisheries Association). 

Environmental and Natural Resource 

Conservation Groups, State/Regional/ 

Local: 

7. Southern Environmental Law 

Center, member Derb Carter, alternate 

Michelle Nowlin (Southern 

Environmental Law Center). 

8. North Carolina Audubon, member 

Walker Golder, alternate Sidney 

Maddock (National Audubon Society). 

Environmental and Natural Resource 

Conservation Groups, National: 

9. Coalition of National Park Service 

Retirees, member Robert Milne, 

alternate Dwight Rettie (Coalition of 

National Park Service Retirees). 

10. Defenders of Wildlife, member 

Jason Rylander, alternate Andrew 

Hawley (Defenders of Wildlife). 

11. Natural Resources Defense 

Council and The Wilderness Society, 

member Destry Jarvis, alternate Leslie 

Jones (The Wilderness Society). 

12. The Nature Conservancy, member 

Sam Pearsall, alternate Aaron McCall 

(The Nature Conservancy). 

Government, County: 

13. Dare County, member Warren 

Judge, alternate Lee Wrenn (Dare 

County). 

14. Hyde County, member David Scott 

Esham, alternate Eugene Ballance (Hyde 

County). 

Government, Federal: 

15. Cape Hatteras National Seashore, 

member Michael Murray, alternate 

Thayer Broili (Cape Hatteras National 

Seashore). 

16. U.S. Fish and Wildlife Service, 

member Pete Benjamin, alternate David 

Rabon (U.S. Fish and Wildlife Service). 

Government, State: 

17. North Carolina Marine Fisheries 

Commission, member Wayne Mathis, 

alternate Sara Winslow (North Carolina 

Marine Fisheries Commission). 

18. North Carolina Wildlife Resources 

Commission, member David Allen, 

alternate Susan Cameron (North 

Carolina Wildlife Resources 

Commission). 

Tourism, Visitation, and Business 

organizations: 

19. Cape Hatteras Business Allies, 

member Judy Swartwood, alternate 

David Goodwin (Cape Hatteras Business 

Allies). 

20. Outer Banks Chamber of 

Commerce, member Scott Leggat, 

alternate Sam Hagedon (Outer Banks 

Chamber of Commerce). 

21. Outer Banks Visitors Bureau, 

member Carolyn McCormick, alternate 

Renee Cahoon (Outer Banks Chamber of 

Commerce). 

User Groups, OVR Use: 

22. North Carolina Beach Buggy 

Association, member Jim Keene, 

alternate David Joyner (North Carolina 

Beach Buggy Association). 

23. United Four Wheel Drive 

Associations, member Carla Boucher, 

alternate Lyle Piner (United Four Wheel 

Drive Associations). 

User Groups, Open Access: 

24. Outer Banks Preservation 

Association, member John Alley, 

alternate John Couch (Outer Banks 

Preservation Association). 

User Groups, Other Users: 

25. Cape Hatteras Bird Club, member 

Ricky Davis, alternate Raymond Moore 

(Cape Hatteras Bird Club). 

26. Cape Hatteras Recreational 

Alliance, member Jim Lyons, alternate 

Burnham Gould, Jr. (Cape Hatteras 

Recreational Alliance). 

27. Water Sports Industry 

Association, member Trip Forman, 

alternate Matt Nuzzo (Water Sports 

Industry Association). 

User Groups, Recreational Fishing: 

28. American Sportfishing 

Association, member Bob Eakes, 

alternate Patricia Doerr (American 

Sportfishing Association). 

29. Cape Hatteras Anglers Club, 

member Larry Hardham, alternate 

Robert Davis (Cape Hatteras Anglers 

Club). 

30. Recreational Fishing Alliance, 

member Patrick Paquette, alternate 

Ronald Bounds (Recreational Fishing 

Alliance). 

In accordance with the Federal 

Advisory Committee Act, 5 U.S.C. 

Appendix 2, copies of the Committee’s 

charter will be filed with the 

appropriate committees of Congress and 

with the Library of Congress. 

Notice of First and Second Meeting: 

Notice is hereby given, in accordance 

with the Federal Advisory Committee 

Act (Pub. L. 92–463, 86 Stat.770, 5 

U.S.C. App 1, section 10), of the first 

and second meeting of the Negotiated 

Rulemaking Advisory Committee for 

Off-Road Vehicle Management at Cape 

Hatteras National Seashore. (See DATES

section.) 

These, and any subsequent meetings, 

will be held for the following reason: to 

work with the National Park Service to 

assist in potentially developing special 

regulations for ORV management at 

Cape Hatteras National Seashore. 

The proposed agenda for the first and 

second meeting of the Committee may 

contain the following items: FACA 

Ethics Briefing, Managing 

Administrative Record, Review FACA 

Charter, Discuss and Approve 

Groundrules, NEPA Update, 

Subcommittee Update, Alternatives 

Discussion, Review and Approve 

Workplan, and Public Comment. 

However, the Committee may modify its 

agenda during the course of its work. 

The meetings are open to the public. 

Interested persons may provide brief 

oral/written comments to the Committee 

during the public comment period of 

the meeting or file written comments 

with the Park Superintendent. 

Certification 

I hereby certify that the administrative 

establishment of the Negotiated 

Rulemaking Advisory Committee for 

Off-Road Vehicle Management at Cape 

Hatteras National Seashore is necessary 

and in the public interest in connection 

with the performance of duties imposed 

on the Department of the Interior by the 

Act of August 25, 1916, 16 U.S.C. 1 et 

seq., and other statutes relating to the 

administration of the National Park 

System. 

Dated: November 26, 2007. 

Dirk Kempthorne, 

Secretary of the Interior. 

[FR Doc. 07–6152 Filed 12–19–07; 8:45 am] 

BILLING CODE 4310–X6–P 


jlentini on PROD1PC65 with PROPOSALS