[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Proposed Rules]
[Pages 27132-27137]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10979]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-CURE-10079; 122PPIMCURES1-PPMPSPD1Z.YM0000]
RIN 1024-AD76


Special Regulations of the National Park Service, Curecanti 
National Recreation Area, Snowmobiles and Off-Road Motor Vehicles

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service proposes to amend its special 
regulations for Curecanti National Recreation Area, Colorado, to 
designate routes, water surfaces, and areas where snowmobiles or motor 
vehicles may be used off park roads. Unless authorized by special 
regulation, the operation of snowmobiles and the operation of motor 
vehicles off road within areas of the National Park System are 
prohibited. The other existing special regulations for Curecanti 
National Recreation Area would remain in effect.

DATES: Comments must be received by July 8, 2013.

ADDRESSES: You may submit comments, identified by the Regulation 
Identifier Number (RIN) 1024-AD76, by any of the following methods:
     Federal rulemaking portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail or hand delivery to: Curecanti National Recreation 
Area, 102 Elk Creek, Gunnison, CO 81230, Attn: Ken Stahlnecker, Chief 
of Resource Stewardship and Science.
    Instructions: All submissions received must include the agency name 
and RIN for this rulemaking. All comments received will be posted 
without change to www.regulations.gov, including any personal 
information provided. For additional information, see Public 
Participation under SUPPLEMENTARY INFORMATION below.

FOR FURTHER INFORMATION CONTACT: Ken Stahlnecker, Chief of Resource 
Stewardship and Science, Curecanti National Recreation Area, 102 Elk 
Creek, Gunnison, CO 81230. Phone: (970) 641-2337x225. Email: ken_stahlnecker@nps.gov.

SUPPLEMENTARY INFORMATION:

Background

History of Curecanti National Recreation Area

    The Blue Mesa Dam and Reservoir, Morrow Point Dam and Reservoir, 
and Crystal Dam and Reservoir make up the Curecanti Unit, one of the 
four main units authorized by the Colorado River Storage Project Act of 
April 11, 1956 (Pub. L. 84-485) (CRSPA). The Curecanti Unit is also 
known as the Wayne N. Aspinall Storage Unit.
    Section 8 of CRSPA directed the Secretary of the Interior 
(Secretary) ``to investigate, plan, construct, operate, and maintain 
(1) public recreational facilities on lands withdrawn or acquired for 
the development of [the Colorado River Storage Project] to conserve the 
scenery, the natural, historic, and archeological objects, and the 
wildlife on said lands, and to provide for public use and enjoyment of 
the same and of the water areas created by these projects by such means 
as are consistent with the primary purposes of said projects. . . .''
    Pursuant to that provision, the National Park Service (NPS) began 
managing natural and cultural resources and recreational uses within 
Curecanti National Recreation Area (CURE) in 1965 under a Memorandum of 
Agreement (MOA) with the Bureau of Reclamation. In 1978, Bureau of 
Reclamation lands in the East Portal area were added to CURE and placed 
under the management authority of the NPS pursuant to the MOA.

Description and Significance of Curecanti National Recreation Area

    CURE is located in Gunnison and Montrose Counties in southwestern 
Colorado. The reservoirs and the surrounding lands provide recreational 
opportunities amidst a variety of natural, cultural, and scenic 
resources, including recently discovered dinosaur fossils, a 5,000-acre 
archeological district, and traces of 6,000-year-old dwellings. 
Approximately one million people visit CURE annually to take advantage 
of numerous recreational opportunities. Most visitors come during the 
summer months when temperatures are warmer and water-based activities 
are more popular.
    The recreation area contains water resources, including three 
reservoirs that provide a variety of recreational opportunities in a 
spectacular geological setting. Blue Mesa Reservoir is one of the 
largest high-altitude bodies of water in the United States. It provides 
an exciting diversity of water recreation opportunities for 
windsurfers, sail boaters, and water skiers.

Motor Vehicle and Snowmobile Use Off Road at Curecanti National 
Recreation Area

    Visitors to CURE use motor vehicles to access campsites, fishing 
spots,

[[Page 27133]]

marinas, trailheads, and other destinations throughout the recreation 
area, both on and off roads. Motor vehicle access is also an important 
means for disabled or mobility impaired visitors to experience the 
recreation area.
    Motor vehicles have traditionally been used to access certain sites 
within the recreation area, including areas below the high-water mark 
(i.e., where the water line would be if the reservoir is at full 
capacity) of Blue Mesa Reservoir (also known as Blue Mesa Lake). The 
high-water mark is defined as the point at which the reservoir is at 
maximum capacity (full pool), an elevation of 7,519 feet. NPS policy at 
the recreation area has been to allow the operation of motor vehicles 
between the high-water mark and the water surface of Blue Mesa 
Reservoir for the purpose of fishing access and boat launching. In 
addition, the NPS has designated several access roads that service 
power lines as routes open for motor vehicle access. Access to areas 
below the high-water mark is primarily from maintained roads. However, 
routes off established roads also provide access for travel below the 
high-water mark in a few areas. The most common motor vehicles that 
access these areas are cars and trucks. During the winter months, 
snowmobiles are often used to reach popular fishing locations on the 
frozen surface of Blue Mesa Reservoir. Snowmobiles access the frozen 
surface from designated access points.

Authority and Jurisdiction

1916 Organic Act

    The NPS manages CURE under the NPS Organic Act of 1916 (Organic 
Act) (16 U.S.C. 1 et seq.), which gives the NPS broad authority to 
regulate the use of the park areas under its jurisdiction. The Organic 
Act authorizes the Secretary to ``make and publish such rules and 
regulations as he may deem necessary or proper for the use and 
management of the parks.''

Resource Management

    The purpose of the recreation area is to conserve its scenery, 
natural and cultural resources, and wildlife, and to manage its lands, 
waters, fish, wildlife, and recreational activities consistent with the 
MOA, section 8 of CRSPA, and the Federal Water Project Recreation Act 
(16 U.S.C 460(L)(12-21); Pub. L. 89-72; July 9, 1965 as amended).

Off-Road Motor Vehicle and Snowmobile Regulation

    Executive Order 11644, Use of Off-Road Vehicles on the Public 
Lands, issued in 1972 and amended by Executive Order 11989 in 1977, 
required federal agencies to issue regulations designating specific 
areas and routes on public lands where the use of off-road vehicles may 
be used. NPS has implemented these Executive Orders in 36 CFR 2.18 and 
4.10.
    Under 36 CFR 4.10, the use of motor vehicles off established roads 
is not permitted unless routes and areas are designated for off-road 
motor vehicle use by a 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.'' 
Similarly, under 36 CFR 2.18, the use of snowmobiles is not permitted 
except on routes and water surfaces used by motor vehicles or 
motorboats during other seasons; routes and water surfaces must be 
designated for snowmobile use by special regulation.
    The NPS is issuing this proposed rule to designate routes, water 
surfaces, and areas where motor vehicles and snowmobiles may be used 
off park roads, in compliance with 36 CFR 2.18 and 4.10 and Executive 
Orders 11644 and 11989.

Motorized Vehicle Access Plan/Environmental Assessment

    This proposed rule supports implementation of the preferred 
alternative (Alternative C) for CURE described in the October 2010 
Motor Vehicle Access Plan/Environmental Assessment (EA). The EA was 
open for public review and comment from November 17, 2010 until January 
15, 2011. CURE completed a Finding of No Significant Impact (FONSI) on 
July 10, 2012, which chose the preferred alternative (Alternative C) as 
the selected action. The EA and FONSI are available at http://parkplanning.nps.gov/cure by clicking the link entitled ``Motorized 
Access Plan/Environmental Assessment'' and then clicking the link 
entitled ``Document List.''
    Under the selected action (the preferred alternative in the EA), 
motor vehicle use will be allowed only on routes above the high water 
mark and in areas below the high water mark of Blue Mesa Reservoir that 
are designated as open. To better preserve traditional access on routes 
above the high-water mark, the selected action will amend the 1997 
General Management Plan to create a new Semi-Primitive/Motorized zone 
within and along the designated routes. This zone will include access 
routes to reservoir shoreline that have traditionally been used by the 
public. Desired conditions for routes in the Semi-Primitive/Motorized 
zone will be the same as those for the adjacent Semi-Primitive/Non-
Motorized zone, except public motor vehicles will be allowed. This will 
result in a predominantly natural-appearing landscape with abundant 
natural sights and sounds and a limited number of unpaved motorized 
travel routes.
    Visitor activities will be limited in the Semi-Primitive/Motorized 
zone as no services or recreational facilities will be provided. 
Encounters with other vehicles and visitors will be possible. This zone 
will include the power line access road and associated spur routes to 
the shoreline on the south side of Blue Mesa Reservoir, and certain 
administrative routes. As a result, there will be approximately 24 
miles of traditionally used routes open to public motor vehicle access.
    The selected action includes approximately 4.9 miles of routes on 
lands adjacent to CURE administered by the Bureau of Land Management 
(BLM) and the U.S. Forest Service (USFS). These lands are identified 
for future NPS management in the August 2008 Final Resource Protection 
Study/Environmental Impact Statement (RPS/EIS), available at http://parkplanning.nps.gov/cure then clicking on the link entitled 
``Curecanti Resource Protection Study'' and then clicking on the link 
entitled ``Document List.'' These routes are currently open to public 
motor vehicle use under BLM and USFS management plans and connect to 
access routes within the boundary of CURE. Because the use of motor 
vehicles on these routes was analyzed by the EA and included in the 
FONSI, no future compliance under the National Environmental Policy Act 
of 1969 (NEPA) would be required to designate these areas as open to 
motor vehicles. However, the NPS cannot designate these routes as open 
to motor vehicles until it gains administrative jurisdiction over the 
lands where they are located, which requires Congressional action. 
Congress is currently considering a bill that would transfer 
administrative jurisdiction over these lands to the NPS. If this bill 
is enacted into law prior to publication of the final rule, the NPS 
would designate these routes as open to motor vehicles in the final 
rule. Therefore, the NPS invites public comment on this proposed action 
as part of this rule.
    Below the high-water mark of Blue Mesa Reservoir, the NPS will 
designate a maximum area of approximately 958 acres traditionally used 
by the public as open to motor vehicle access. The actual number of 
acres accessible by motor

[[Page 27134]]

vehicles at any particular time will depend upon the water level of the 
reservoir. The remaining area (a maximum area of approximately 7280 
acres) below the high-water mark, that has not traditionally been used 
by motor vehicles due to access limitations caused by terrain or 
reservoir levels, will not be open to vehicular use in order to protect 
known and unknown resources, including cultural sites. Pedestrian 
access will continue to be permitted in these areas, except when and 
where resource closures may be in effect. The selected action retains 
traditional access in the recreation area by keeping the most commonly 
used routes and areas open to public motor vehicle access.
    Under the selected action, three new snowmobile access points will 
be designated in addition to the currently designated access points and 
routes: one at the Lake Fork Visitor Center boat ramp; one on the 
southeast shore of Iola Basin near Willow Creek; and one in the 
McIntyre Gulch area. The selected action meets all objectives of the 
EA, best retains traditional motor vehicle access, and provides the 
highest level of protection for known and unknown cultural resources.

Proposed Rule

    This proposed rule would amend the special regulations for CURE at 
36 CFR 7.51 to implement the selected action in the FONSI (the 
preferred alternative in the EA). The rule would designate frozen 
recreation area water surfaces where snowmobiles may be used, designate 
new access points, and designate routes from the access points to the 
frozen surface of the Blue Mesa Reservoir. The rule would also 
designate routes and areas where motor vehicles may be used off park 
roads within the recreation area, and access routes at various 
locations throughout the park. The rule does not address management of 
snowmobiles on USFS lands identified for future NPS management in the 
RPS/EIS.

Snowmobiles

    Under this rule, section 7.51(c) would be amended to modify the 
designated access routes and frozen water surface where snowmobiles may 
be used. Snowmobiles would continue to be permitted to operate on 
designated routes and areas within the boundaries of CURE provided 
their use conforms to the regulations governing the use of snowmobiles 
in 36 CFR 2.18 and applicable State laws. The rule would retain the 
frozen surface of Blue Mesa Reservoir as a designated area for 
snowmobile use and add specific designated access points and access 
routes to the reservoir. Routes would be designated for travel by 
snowmobiles from the access points to the frozen surface of Blue Mesa 
Reservoir. These access routes would be limited to the most direct 
route from the access points to the frozen surface. Traveling parallel 
to the reservoir, before accessing the frozen surface, would be 
prohibited. Routes may be marked where possible, but changing weather 
conditions and terrain often make posting routes difficult. The rule 
also would create three new snowmobile access points: one at the Lake 
Fork Visitor Center boat ramp; one on the southeast shore of Iola Basin 
near Willow Creek; and one near McIntyre Gulch. The new access points 
would reduce environmental impacts by shortening the distance some 
visitors travel over the frozen surface by snowmobile to fish. A map of 
the water surfaces and routes open to snowmobile use and designated 
access points would be available in the office of the Superintendent 
and on the park Web site.
    Snowmobile gross weight would continue to be limited to a maximum 
of 1,200 pounds (machine and cargo). The snowmobile speed limit would 
remain 45 mph (36 CFR 2.18(d)(4)).

Off Road Vehicles

    Paragraph 7.51(e) would be added to designate routes and areas 
where motor vehicles may be used off-road in the recreation area. Under 
36 CFR 1.4, the term ``motor vehicle'' does not include snowmobiles. As 
a result, paragraph 7.51(e) would not apply to snowmobiles. Under this 
rule, the frozen surface of Blue Mesa Reservoir and a maximum area of 
approximately 958 acres of the exposed bed of Blue Mesa Reservoir would 
be designated areas for motor vehicle use. Approximately 24 miles of 
off-road routes would be designated open to public motor vehicle use. 
These routes would provide access to Blue Mesa Reservoir, other CURE 
lands, and to adjacent public lands. A map of areas and routes open to 
off-road motor vehicle use would be available in the office of the 
Superintendent and on the park Web site.
    The provisions of 36 CFR Part 4, including state law adopted by 36 
CFR 4.1, apply within the recreation area. Unless posted otherwise, the 
speed limit would be 15 mph for motor vehicles on all designated off-
road routes and areas. Speed limits are implemented for visitor safety 
and to prohibit driving that may damage resources. The 45 mph speed 
limit for snowmobiles is higher than the 15 mph speed limit for motor 
vehicles, even though both would be allowed to travel on the frozen 
surface of Blue Mesa Reservoir, because snowmobiles are more easily 
controlled on snow and ice due to vehicle design and a lower center of 
gravity. As a result, there are less safety and resource concerns with 
driving snowmobiles in excess of 15 mph. Motor vehicle gross weight 
would be limited to a maximum of 1,800 pounds (machine and cargo) on 
the frozen surface of Blue Mesa Reservoir. This vehicle restriction is 
intended to allow only lightweight all-terrain vehicles (ATV) or 
utility task vehicles (UTV or sometimes referred to as a side-by-side) 
onto the frozen surface.
    To prevent impacts to areas outside of existing routes, a maximum 8 
feet, 6 inches wheel width (track) requirement would be implemented for 
motor vehicles on all designated routes. The NPS may also recommend, 
but not require, four-wheel drive and/or high-clearance vehicles on 
particular routes, based on visitor safety and route conditions.

Superintendent's Authority

    Routes, water surface, areas, or access points designated for 
snowmobile, personal watercraft, or off-road motor vehicle use would be 
subject to year-round, seasonal, or temporary site-specific closures, 
conditions, or restrictions with notice provided pursuant to 36 CFR 
1.7. The Superintendent's authority in Sec.  7.51(d)(5), related to 
personal watercraft use, would be removed because it would be redundant 
with the Superintendent's authority in paragraph (f) of the proposed 
rule.

Economic Analysis

    An analysis of the potential costs and benefits of the rule can be 
found in the report entitled ``Summary of Economic Analyses'' which is 
available at http://parkplanning.nps.gov/cure then clicking the link 
entitled ``Motorized Access Plan/Environmental Assessment'' and then 
clicking the link entitled ``Document List.''

Compliance With Other Laws, Executive Orders and Department Policy

Use of Off-Road Vehicles on the Public Lands (Executive Orders 11644 
and 11989)

    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

[[Page 27135]]

affect their natural, aesthetic, or scenic values.'' Since the 
Executive Order clearly was not intended to prohibit all ORV use 
everywhere in these units, the term ``adversely affect'' does not have 
the same meaning as the somewhat similar terms ``adverse impact'' and 
``adverse effect'' used in 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. CURE is an area of the National Park 
System. Therefore, NPS interprets the Executive Order term ``adversely 
affect'' consistent with its NPS Management Policies 2006. Those 
policies require that the NPS only allow ``appropriate use'' of parks 
and avoid ``unacceptable impacts.''
    This rule is consistent with those requirements. It will not impede 
attainment of CURE's desired future conditions for natural and cultural 
resources as identified in the EA. NPS has determined that this rule 
will not unreasonably interfere with the atmosphere of peace and 
tranquility or the natural soundscape maintained in natural locations 
within CURE. Therefore, within the context of the resources and values 
of CURE, motor vehicle use on the routes and areas designated by this 
rule (which are also subject to resource closures and other species 
management measures that would be implemented under the preferred 
alternative in the EA) will not cause an unacceptable impact to the 
natural, aesthetic, or scenic values of CURE.
    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 shall 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 
(Alternative C) for the EA identifies monitoring and resource 
protection procedures and periodic review to provide for the ongoing 
and future evaluation of impacts of motor vehicle use on protected 
resources. The park Superintendent has the existing authority under 
both this final rule and 36 CFR 1.5 to close portions of CURE as needed 
to protect park resources.

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) will review all significant rules. OIRA has 
determined that this rule is not significant.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. It directs agencies to consider regulatory approaches that reduce 
burdens and maintain flexibility and freedom of choice for the public 
where these approaches are relevant, feasible, and consistent with 
regulatory objectives. Executive Order 13563 emphasizes further that 
regulations must be based on the best available science and that the 
rulemaking process must allow for public participation and an open 
exchange of ideas. We have developed this rule in a manner consistent 
with these requirements.

Regulatory Flexibility Act (RFA)

    This rule will not have a significant economic effect on a 
substantial number of small entities under the RFA (5 U.S.C. 601 et 
seq.). This certification is based on the regulatory flexibility 
analysis found in the report entitled ``Summary of Economic Analyses'' 
which can be viewed on the park's planning Web site, http://parkplanning.nps.gov/cure, then clicking the link entitled ``Motorized 
Access Plan/Environmental Assessment'' and then clicking the link 
entitled ``Document List.''

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the SBREFA. 
This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act (UMRA)

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local or tribal governments or the private sector. A statement 
containing the information required by the UMRA (2 U.S.C. 1531 et seq.) 
is not required.

Takings (Executive Order 12630)

    Under the criteria in section 2 of Executive Order 12630, this rule 
does not have significant takings implications. A takings implication 
assessment is not required.

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, this rule 
does not have sufficient federalism implications to warrant the 
preparation of a Federalism summary impact statement. This proposed 
rule only affects use of NPS administered lands and waters. A 
Federalism summary impact statement is not required.

Civil Justice Reform (Executive Order 12988)

    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Paperwork Reduction Act (PRA)

    This rule does not contain information collection requirements, and 
a submission under the PRA is not required.

National Environmental Policy Act (NEPA)

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under NEPA is not required because we reached a FONSI. The EA and FONSI 
are available at http://parkplanning.nps.gov/cure then clicking the 
link entitled ``Motorized Access Plan/Environmental Assessment'' and 
then clicking on the link entitled ``Document List.''

Consultation with Indian Tribes (Executive Order 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-

[[Page 27136]]

governance and tribal sovereignty. We have evaluated this rule under 
the Department's consultation policy and under the criteria in 
Executive Order 13175 and have determined that it has no substantial 
direct effects on federally recognized Indian tribes and that 
consultation under the Department's tribal consultation policy is not 
required.
    However, park staff consulted with representatives from the 
Southern Ute Indian tribe, Uintah and Ouray Tribal Business Committee, 
Ute tribe of the Uintah and Ouray Reservation, and the Ute Mountain Ute 
tribe. The tribes have not commented or identified any concerns to 
date, though CURE will contact the tribes again when the EA and this 
proposed rule is published. If issues are identified in the future, 
section 6 of Executive Order 13175 and Executive Order 13007 permits 
the park to grant access to areas in CURE, which are otherwise closed, 
to the public to tribal members that may be affected by any changes 
developed under the EA.

Effects on the Energy Supply (Executive Order 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211. A Statement of Energy Effects is not 
required.

Clarity of This Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that are unclearly written, 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.

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. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

List of Subjects in 36 CFR Part 7

    National parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, the National Park Service 
proposes to amend 36 CFR Part 7 as follows:

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

0
1. The authority for part 7 continues to read as follows:

    Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec. 7.96 also issued 
under 36 U.S.C. 501-511, D.C. Code 10-137 (2001) and D.C. Code 50-
2201.07 (2001).

0
2. Amend Sec.  7.51 by revising the introductory text of paragraph (c), 
revising paragraphs (c)(2) and (c)(3), removing paragraph (d)(5), and 
adding paragraphs (e) and (f).
    The revisions and additions read as follows:


Sec.  7.51  Curecanti Recreation Area.

* * * * *
    (c) Snowmobiles. Snowmobiles are permitted to operate within the 
boundaries of Curecanti National Recreation Area under the following 
conditions:
* * * * *
    (2) Designated water surface and routes. Snowmobile use is confined 
to the following water surface and routes:
    (i) The frozen surface of Blue Mesa Reservoir; and
    (ii) Lake Fork Visitor Center access point, McIntyre Gulch access 
point, Sapinero Beach access point, Dillon Pinnacles access point, 
Windsurf Beach access point, Elk Creek Marina, Dry Creek access point, 
North Willow access point, Old Stevens access point, Iola access point, 
Willow Creek access point, and the most direct route from each of these 
access points to the frozen surface of Blue Mesa Reservoir.
    (iii) The designated water surface and routes are identified on 
maps available at the office of the Superintendent, Elk Creek Visitor 
Center, Lake Fork Visitor Center, Cimarron Visitor Center, and on the 
Recreation Area Web site.
    (3) Snowmobile requirements. Snowmobiles are limited to a maximum 
of 1200 pounds gross vehicle weight (GVW), including cargo.
* * * * *
    (e) Off-road motor vehicle use. Motor vehicles are permitted to 
operate within the boundaries of Curecanti National Recreation Area off 
park roads under the following conditions:
    (1) Designated areas and routes. Motor vehicle use off park roads 
is confined to the following areas and routes:
    (i) Via the access points and routes listed in paragraph (c)(2)(ii) 
of this section, directly to the frozen surface of Blue Mesa Reservoir;
    (ii) A maximum area of approximately 958 acres of the exposed lake 
bottom of Blue Mesa Reservoir between the high-water mark and the water 
of the reservoir; and
    (iii) Posted access routes through the park.
    (iv) These areas and routes are identified on Maps 6a and 6b, dated 
January 1, 2011, which are available at the office of the 
Superintendent, Elk Creek Visitor Center, Lake Fork Visitor Center, 
Cimarron Visitor Center, and on the Recreation Area Web site.
    (2) Vehicle requirements. Motor vehicles operating off-road must 
meet the following requirements:
    (i) Maximum wheelbase width must not exceed 8 feet, 6 inches.
    (ii) Maximum gross vehicle weight for motor vehicle use on the 
frozen surface of Blue Mesa Reservoir is 1800 pounds GVW. This 
restricts vehicle use on the frozen surface to all-terrain and utility 
task vehicles.
    (3) Speed limits. Unless otherwise posted, motor vehicles may not 
exceed 15 miles per hour on designated off-road routes and areas.
    (f) Superintendent's authority. The Superintendent may open or 
close designated routes, water surfaces, access points, or areas open 
to snowmobile, PWC, or off-road motor vehicle use, or portions thereof, 
or impose conditions or restrictions for snowmobile, PWC, or off-road 
motor vehicle use after taking into consideration public health and 
safety, natural and cultural resource protection, and other management 
activities and objectives.
    (1) The Superintendent will provide public notice of all such 
actions through one or more of the methods listed in Sec.  1.7 of this 
chapter.
    (2) Violating a closure, condition or restriction is prohibited.


[[Page 27137]]


    Dated: May 1, 2013.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2013-10979 Filed 5-8-13; 8:45 am]
BILLING CODE 4312-EJ-P