[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Proposed Rules]
[Pages 56550-56555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19844]



National Park Service

36 CFR Part 7

RIN 1024-AE33

Special Regulations; Areas of the National Park System, Cape 
Hatteras National Seashore--Off-Road Vehicle Management

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.


SUMMARY: The National Park Service (NPS) proposes to amend its special 
regulation for off-road vehicle (ORV) use at Cape Hatteras National 
Seashore, North Carolina, to revise the times that certain beaches open 
to ORV use in the morning, extend the dates that certain seasonal ORV 
routes are open in the fall and spring, and modify the size and 
location of vehicle-free areas.
    Consideration of changes to this special regulation was required by 
section 3057 of the National Defense Authorization Act for Fiscal Year 
    The NPS also proposes to amend this special regulation to allow the 
Cape Hatteras National Seashore to issue ORV permits that would be 
valid for different lengths of time than currently exist, and to 
replace an ORV route designation on Ocracoke Island with a park road to 
allow vehicle access and pedestrian use of a soundside area without the 
requirement for an ORV permit.

DATES: Comments must be received by October 21, 2016.

ADDRESSES: You may submit comments, identified by the Regulation 
Identifier Number (RIN) 1024-AE33, by any of the following methods:
     Electronically: Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
     Hardcopy: Mail or hand-deliver to: Superintendent, Cape 
Hatteras National Seashore, 1401 National Park Drive, Manteo, North 
Carolina 27954.
    For additional information see Public Participation under 

FOR FURTHER INFORMATION CONTACT: Superintendent, Cape Hatteras National 
Seashore, 1401 National Park Drive, Manteo, North Carolina 27954. Phone 



Description of Cape Hatteras National Seashore

    Situated along the Outer Banks of North Carolina, Cape Hatteras 
National Seashore (Seashore or park) was authorized by Congress in 1937 
and established in 1953 as the nation's first national seashore. 
Consisting of more than thirty thousand acres distributed along 
approximately 67 miles of shoreline, the Seashore is part of a dynamic 
barrier island system.
    The Seashore contains important wildlife habitat created by dynamic 
environmental processes. Several species listed under the Endangered 
Species Act, including the piping plover, rufa subspecies of the red 
knot, and five species of sea turtles, are found within the park. The 
Seashore also serves as a popular recreation destination where users 
participate in a variety of activities.

Authority and Jurisdiction To Promulgate Regulations

    In the NPS Organic Act (54 U.S.C. 100101), Congress granted the NPS 
broad authority to regulate the use of

[[Page 56551]]

areas under its jurisdiction. The Organic Act authorizes the Secretary 
of the Interior (Secretary), acting through the NPS, to ``prescribe 
such regulations as the Secretary considers necessary or proper for the 
use and management of [National Park] System units.'' 54 U.S.C. 

Off-Road Motor Vehicle Regulation

    Executive Order 11644, Use of Off-Road Vehicles on the Public 
Lands, was issued in 1972 in response to the widespread and rapidly 
increasing off-road driving on public lands ``often for legitimate 
purposes but also in frequent conflict with wise land and resource 
management practices, environmental values, and other types of 
recreational activity.'' Executive Order 11644 was amended by Executive 
Order 11989 in 1977, and together they are jointly referred to in this 
rule as the ``E.O.'' The E.O. requires Federal agencies that allow 
motorized vehicle use in off-road areas to designate specific areas and 
routes on public lands where the use of motorized vehicles may be 
permitted. The regulations must also require that the designation of 
such areas and trails shall be in accordance with the following:
    (1) Areas and trails shall be located to minimize damage to soil, 
watershed, vegetation, or other resources of the public lands.
    (2) Areas and trails shall be located to minimize harassment of 
wildlife or significant disruption of wildlife habitats.
    (3) Areas and trails shall be located to minimize conflicts between 
off-road vehicle use and other existing or proposed recreational uses 
of the same or neighboring public lands, and to ensure the 
compatibility of such uses with existing conditions in populated areas, 
taking into account noise and other factors.
    (4) Areas and trails shall not be located in officially designated 
Wilderness Areas or Primitive Areas. Areas and trails shall be located 
in areas of the National Park System, Natural Areas, or National 
Wildlife Refuges and Game Ranges only if the respective agency head 
determines that off-road vehicle use in such locations will not 
adversely affect their natural, aesthetic, or scenic values.
    The NPS regulation at 36 CFR 4.10(b) implements the E.O. and 
requires that routes and areas designated for ORV use be promulgated as 
special regulations and that the designation of routes and areas must 
comply with 36 CFR 1.5 and E.O. 11644. It also states that ORV routes 
and areas may be designated only in national recreation areas, national 
seashores, national lakeshores, and national preserves. This proposed 
rule is consistent with these authorities and with Section 
(Motorized Off-road Vehicle Use) of NPS Management Policies 2006, 
available at: http://www.nps.gov/policy/mp/policies.html.

Recent ORV Management at Cape Hatteras National Seashore

    In 2010, the NPS completed the Off-Road Vehicle Management Plan and 
Environmental Impact Statement (ORV FEIS) for ORV use at the Seashore 
to guide the management and use of off-road vehicles at the Seashore. 
As a part of the selected alternative, certain elements of the ORV FEIS 
were implemented through rulemaking. The Final Rule for ORV management 
at the Seashore was published in the Federal Register on January 23, 
2012 (77 FR 3123) (2012 Final Rule).
    On December 19, 2014, the President signed the National Defense 
Authorization Act for Fiscal Year 2015 (2014 Act). Section 3057 of the 
2014 Act requires that the Secretary of the Interior consider three 
specific changes to the 2012 Final Rule regarding:
     Morning opening times of beaches that are closed to ORV 
use at night,
     Extending the dates for seasonal ORV routes, and
     The size and location of vehicle-free areas (VFAs).
    On February 17, 2016, the NPS published the Consideration of 
Modifications to the Final Rule for Off-Road Vehicle Management 
Environmental Assessment (EA). The EA evaluated:
     The times that beach routes open to ORV use in the 
     Extending the dates that seasonal ORV routes would be open 
in the fall and spring, and
     Modifying the size and location of VFAs.
    The EA also considered:
     Issuing ORV permits for different lengths of time,
     Revising some ORV route designations, and
     Providing access improvements for soundside locations on 
Ocracoke Island.
    The EA, which contains a full description of the purpose and need 
for taking action, scoping, the alternatives considered, maps and the 
environmental impacts associated with the project may be viewed on the 
NPS planning Web site at http://parkplanning.nps.gov/caha-orv-ea under 
the ``Document List'' link. Public comments on the EA were accepted 
until March 18, 2016. The NPS reviewed and considered the comments 
received on the EA when drafting this proposed rule. After the comment 
period closes on this proposed rule, the NPS will review the comments 
received on the proposed rule, complete the NEPA process, and publish a 
final rule.

The Proposed Rule

    This proposed rule, pursuant to Sec.  4.10(b), would implement the 
NPS preferred alternative (Alternative 2) in the EA.
    This proposed rule would amend the special regulation for ORV use 
at the Seashore as it relates to:
     The morning opening times of beaches that are closed to 
ORV use at night,
     The dates that seasonal ORV routes are open in the fall 
and spring, and
     The size and location of VFAs.
    The proposed rule would also allow the Seashore to issue ORV 
permits that would be valid for different lengths of time than 
currently exist, and would revise the status of some ORV routes to 
allow vehicular access without requiring an ORV permit. This proposed 
rule also includes some changes made for clarification, such as 
updating ramp numbers to reflect current conditions. Although the 
preferred alternative in the EA proposed additional changes to Seashore 
access, only those described below require a modification to the 
existing special regulation.

Beach Opening Times

    As stated in the preferred alternative in the EA, most ORV routes 
would continue to open to ORV use at 7:00 a.m. Certain ``priority'' 
beach routes could be opened to ORV use earlier than 7:00 a.m., though 
no earlier than 6:00 a.m. The NPS proposed this change so that ORV 
users could access the more popular beaches earlier than 7:00 a.m. NPS 
resource staff would patrol these ``priority'' beaches before opening 
so that park resources would be protected even while earlier access is 
allowed. The NPS is proposing to amend the special regulation at 36 CFR 
7.58(c)(12) to state that the priority beaches would open no earlier 
than 6:00 a.m. Instead of establishing an opening time in the special 
regulation, beach opening times would be published annually in the 
Superintendent's Compendium. The proposed rule also slightly edits some 
of this language for clarity. Moving the beach opening times from the 
regulation to the Compendium would give the Superintendent some 
flexibility based on changing conditions at the Seashore and the 
ability of park staff to patrol and complete resource management 
inventories on beaches before they are opened to vehicle use.

[[Page 56552]]

Dates for Use of Seasonal ORV Routes

    The proposed rule would extend the dates for ORV use of seasonally 
designated routes in front of the villages of Rodanthe, Waves, Salvo, 
Avon, Frisco, and Hatteras and the Ocracoke Campground by two weeks in 
the fall and two weeks in the spring, making these seasonal routes open 
to ORV use from October 15 through April 14. This extension is proposed 
in areas and at times of the year which would not result in measureable 
impacts to sensitive wildlife, visitor experience, safety, or workload 
complexity of park staff.

Size and Location of VFAs

    The proposed rule would modify the size and location of VFAs and 
improve access in some locations. Ramps 2.5 and 59.5 would not be 
constructed. Ramp 2 would be restored to ORV use, extending the 
existing ORV route 0.5 miles to the north and providing ORV access to 
the route from either ramp 4 or ramp 2. Ramp 59 would continue to be 
open to ORV use, extending the existing year-round ORV route 
approximately 0.5 miles. The seasonal ORV route at ramp 34 would be 
extended 1 mile to the north and the seasonal ORV route at ramp 23 
would be extended 1.5 miles to the south. The NPS proposes making 
changes to these particular VFAs because it would slightly increase ORV 
access on each of the islands without measurably impacting visitor 
experience, safety, sensitive wildlife species, or workload complexity 
of park staff.

Permit Durations

    The NPS is proposing to remove the specific times established for 
the duration of ORV permits from the special regulation at Sec.  
7.58(c)(2)(iv), and instead control the duration of the permits through 
the Superintendent's Compendium. As described in the preferred 
alternative in the EA, existing annual ORV permits would change from 
being valid for the calendar year of issuance to being valid for one 
year from the date of issuance. Also, the existing 7-day ORV permit 
would be replaced by a 10-day ORV permit. Also, changing to a 10-day 
ORV permit from a 7-day ORV permit could allow many ORV users to access 
the beaches over two weekends, depending upon when they arrive at the 
    Any future substantive changes to the duration of ORV permits would 
require the appropriate NEPA compliance.
    The NPS intends to continue to recover the costs of administering 
the ORV permit program under 54 U.S.C. 103104. This requirement will 
remain in the proposed rule.

Access Improvements--Ocracoke Island

    The existing ORV route designation along Devil Shoals Road (also 
referred to as Dump Station Road) would be removed. No ORV permit would 
be required to access this location as it would be designated a park 
road instead of an ORV route. This is an existing dirt road located 
across North Carolina State Highway 12 from the Ocracoke campground 
that has been maintained as part of the park's road network. This road 
meets NPS road design standards as a Class II connector road that 
provides normal passenger vehicle access to park areas of scenic and 
recreational interest with a surface type of dirt/gravel. The NPS 
proposed these changes to allow for limited vehicular soundside access 
on Ocracoke Island without the requirement to purchase an ORV permit. 
Unlike the other islands at the Seashore, there is currently no 
vehicular access to the soundside of Ocracoke Island available without 
an ORV permit.

Access Improvements--Hatteras Island

    The NPS proposes to extend the existing Cape Point bypass route 
south of ramp 44 by 0.4 miles to the north so that it would join with 
ramp 44. The NPS is also proposing to extend the existing bypass route 
by approximately 600 feet to the south. Although this southern 
extension was not originally part of the preferred alternative in the 
EA, impacts associated with this proposed 600-foot extension would be 
similar in nature to those disclosed in the EA for the 0.4-mile 
extension to the north. As concluded in the EA, impacts associated with 
the bypass route extension would be negligible at most and would have 
no impact to wetlands. The NPS proposes extending this existing bypass 
to provide additional ORV access near Cape Point when the ORV route 
along the beach is closed for safety or resource protection.

Other Updates

    Several changes to the language in the existing rule are proposed 
for clarification or to reflect existing conditions. Ramp 25.5 is 
renamed ``ramp 25''; ramp 32.5 is renamed ``ramp 32''; ramp 47.5 is 
renamed ``ramp 48''; the soundside ORV route at Little Kinnakeet would 
be changed to begin just west of the Kinnakeet lifesaving structures; 
and additional details are added to further clarify where existing 
routes terminate (e.g. the routes adjacent to ramps 63, 48, and 32 do 
not end exactly at the ramp).


    The proposed changes to routes and ramps are depicted on the maps 
in the EA (pages 35--41) and are available for review at http://parkplanning.nps.gov/caha-orv-ea.

Compliance With Other Laws, Executive Orders, and Department Policy

Use of Off-Road Vehicles on the Public Lands (Executive Order 11644)

    As discussed previously, the E.O. applies to ORV use on federal 
public lands that is not authorized under a valid lease, permit, 
contract, or license. Section 3(4) of E.O. 11644 provides that ORV 
``areas and trails shall be located in areas of the National Park 
system, Natural Areas, or National Wildlife Refuges and Game Ranges 
only if the respective agency head determines that off-road vehicle use 
in such locations will not adversely affect their natural, aesthetic, 
or scenic values.'' Since the E.O. clearly was not intended to prohibit 
all ORV use everywhere in these units, the term ``adversely affect'' 
does not have the same meaning as the somewhat similar terms ``adverse 
impact'' or ``adverse effect'' commonly used in the National 
Environmental Policy Act of 1969 (NEPA). Under NEPA, a procedural 
statute that provides for the study of environmental impacts, the term 
``adverse effect'' refers to any effect, no matter how minor or 
    Section 3(4) of the E.O., by contrast, does not prescribe 
procedures or any particular means of analysis. It concerns substantive 
management decisions, and must instead be read in the context of the 
authorities applicable to such decisions. The Seashore is an area of 
the National Park System. Therefore, the NPS interprets the E.O. term 
``adversely affect'' consistent with its NPS Management Policies 2006. 
These policies require the NPS to allow only ``appropriate uses'' of 
parks and to avoid ``unacceptable impacts'' to park resources or 
values. The NPS has evaluated this proposed rule and confirmed that it 
would comply with these policies.
    Specifically, this rule would not impede the attainment of the 
Seashore's desired future conditions for natural and cultural resources 
as identified in the ORV FEIS. The NPS has determined this rule would 
not unreasonably interfere with the atmosphere of peace and 
tranquility, or the natural soundscape maintained in natural locations 
within the Seashore. Therefore, within the context of the E.O., ORV use 
on the ORV routes

[[Page 56553]]

amended by this rule (which are also subject to safety and resource 
closures and other species management measures that would be 
implemented under the proposed rule) would not adversely affect the 
natural, aesthetic, or scenic values of the Seashore.
    Section 8(a) of the E.O. requires NPS to monitor the effects of the 
use of off-road vehicles on lands under its jurisdiction. On the basis 
of the information gathered, NPS shall from time to time amend or 
rescind designations of areas or other actions taken pursuant to the 
E.O. as necessary to further the policy of the E.O. The existing ORV 
FEIS and Record of Decision identify monitoring and resource protection 
procedures, and desired future conditions to provide for the ongoing 
and future evaluation of impacts of ORV use on protected resources. The 
Park Superintendent would have authority under this rule and under 36 
CFR 1.5 to close portions of the Seashore as needed to protect park 
resources and values, and public health and safety.

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget (OMB) will 
review all significant rules. The Office of Information and Regulatory 
Affairs has determined that this rule is not significant.
    Executive Order 13563 reaffirms the principles of E.O. 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. 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 have developed this rule in a manner consistent with these 

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 information contained in a report 
entitled, ``Benefit-Cost and Regulatory Flexibility Analyses: Special 
Regulations of Off-Road Motor Vehicles at Cape Hatteras National 
Seashore'', available for public review at: http://parkplanning.nps.gov/caha-orv-ea. According to that report, no 
entities, small or large, are directly regulated by the proposed rule, 
which regulates visitors' use of ORVs. The courts have held that the 
RFA requires an agency to perform a regulatory flexibility analysis of 
small entity impacts only when a rule directly regulates them. 
Therefore, agencies must assess the impacts on directly regulated 
entities, but are not required to analyze in a regulatory flexibility 
analysis the indirect effects from rules on small entities.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2) of 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. The designated ORV 
routes are located entirely within the Seashore, and will not result in 
direct expenditure by State, local, or tribal governments. This rule 
addresses public use of NPS lands, and imposes no requirements on other 
agencies or governments. Therefore, a statement containing the 
information required by the UMRA (2 U.S.C. 1531 et seq.) is not 

Takings (Executive Order 12630)

    This rule does not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630. Access to private 
property located within or adjacent to the Seashore will not be 
affected, and this rule does not regulate uses of private property. 
Therefore, 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 rule only 
affects use of NPS-administered lands and imposes no requirements on 
other agencies or governments. 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 

Consultation With Indian Tribes (Executive Order 13175 and Department 

    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. We have evaluated this 
rule under the criteria in Executive Order 13175 and under the 
Department's tribal consultation policy and have determined that tribal 
consultation is not required because the rule will have no substantial 
direct effect on federally recognized Indian tribes.

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

    This rule does not contain any new collection of information that 
requires approval by Office of Management and Budget (OMB) under the 
PRA of 1995. OMB has approved the information collection requirements 
associated with NPS Special Park Use Permits and has assigned OMB 
Control Number 1024-0026 (expires 08/31/2016). An agency may not 
conduct or sponsor and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number.

National Environmental Policy Act (NEPA)

    In accordance with NEPA, the NPS prepared an Environmental 
Assessment (EA), which was released for public comment on February 17, 
2016, for 30 days. A full description of the alternatives that were 
considered, the environmental impacts associated with

[[Page 56554]]

the project, public involvement, and other supporting documentation, 
can be found online at http://parkplanning.nps.gov/caha-orv-ea. The NPS 
considered public comments made on the EA in drafting this proposed 
rule. The NPS will evaluate substantive comments received on the 
proposed rule when developing the decision and the Final Rule.

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 

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

    All submissions received must include the agency name and 
Regulatory Identifier Number (RIN) for this rulemaking, 1024-AE33. All 
comments received through the Federal eRulemaking portal at http://www.regulations.gov will be available without change. 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, we cannot 
guarantee that we will be able to do so. To view comments received 
through the Federal eRulemaking portal, go to http://www.regulations.gov and enter 1024- AE33 in the search box.
    Comments submitted through http://www.regulations.gov or submitted 
by mail must be entered or postmarked before midnight (Eastern Daylight 
Time) October 21, 2016 Comments submitted by hand delivery must be 
received by the close of business hours (5 p.m. Eastern Daylight Time) 
October 21, 2016.
    Comments will not be accepted by fax, email, or in any way other 
than those specified above, and bulk comments in any format (hard copy 
or electronic) submitted on behalf of others will not be accepted. If 
you commented on the EA, your comments have already been considered in 
drafting the proposed rule. Comments should focus on this proposed 
rule; comments that relate solely to the EA will be untimely and will 
not be considered.

Drafting Information

    The primary authors of this regulation were Russel J. Wilson, Chief 
Regulations, Jurisdiction and Special Park Uses, National Park Service; 
and, A.J. North, Regulations Coordinator, National Park Service.

List of Subjects in 36 CFR Part 7

    District of Columbia, National Parks, Reporting and recordkeeping 

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


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. In Sec.  7.58, revise paragraphs (c)(2)(iv), (c)(9) and (c)(12)(i) 
to read as follows:

Sec.  7.58  Cape Hatteras National Seashore.

* * * * *
    (c) * * *
    (2) * * *
    (iv) ORV permits are valid for the dates specified on the permit. 
The public will be notified of any proposed changes to ORV permit 
durations through one or more of the methods listed in Sec.  1.7(a) of 
this chapter.
* * * * *
    (9) ORV routes. The following tables indicate designated ORV 
routes. The following ramps are designated for off-road use to provide 
access to ocean beaches: 2, 4, 23, 25, 27, 30, 32, 34, 38, 43, 44, 48, 
49, 55, 59, 63, 67, 68, 70, and 72. Designated ORV routes and ramps are 
subject to resource, safety, seasonal, and other closures implemented 
under Sec.  7.58(c)(10).
    (i) Soundside ORV access ramps are described in the table below. 
For a village beach to be open to ORV use during the winter season, it 
must be at least 20 meters (66 feet) wide from the toe of the dune 
seaward to mean high tide line.
    (ii) Maps showing designated routes and ramps are available in the 
Office of the Superintendent and on the Seashore Web site.

                     Bodie Island--Designated Routes
Year Round........................  Ramp 2 to 0.2 miles south of ramp 4.
Seasonal: Open September 15         0.2 miles south of ramp 4 to the
 through March 14.                   eastern confluence of the Atlantic
                                     Ocean and Oregon Inlet.
                   Hatteras Island--Designated Routes
Year Round........................  1.5 miles south of ramp 23 to ramp
                                    Ramp 30 to approximately 0.3 miles
                                     south of ramp 32.
                                    The following soundside ORV access
                                     routes from NC Highway 12 to
                                     Pamlico Sound between the villages
                                     of Salvo and Avon: Soundside ramps
                                     46, 48, 52, 53, 54. The soundside
                                     ORV access at Little Kinnakeet
                                     would start just to the west of the
                                     Kinnakeet lifesaving structures and
                                     would continue to the sound.
                                    Ramp 38 to 1.5 miles south of ramp
                                    The following soundside ORV access
                                     routes from NC Highway 12 to
                                     Pamlico Sound between the villages
                                     of Avon and Buxton: Soundside ramps
                                     57, 58, 59, and 60.
                                    0.4 miles north of ramp 43 to Cape
                                     Point to 0.3 miles west of ``the

[[Page 56555]]

                                    Bypass which extends due south from
                                     the opening at ramp 44, running
                                     continuously behind the dunes until
                                     the bypass connects with the beach.
                                    Interdunal route (``Inside Road'')
                                     from intersection with Lighthouse
                                     Road (i.e. ramp 44) to ramp 49,
                                     with one spur route from the
                                     interdunal route to ramp 48.
                                    Just east of Ramp 48 to east Frisco
                                    A soundside ORV access route from
                                     Museum Drive to Pamlico Sound near
                                     Coast Guard Station Hatteras Inlet.
                                    Pole Road from Museum Drive to Spur
                                     Road to Pamlico Sound, with one
                                     spur route, commonly known as Cable
                                     Crossing, to Pamlico Sound and four
                                     spur routes to the ORV route below.
                                    Ramp 55 southwest along the ocean
                                     beach for 1.6 miles, ending at the
                                     intersection with the route
                                     commonly known as Bone Road.
Seasonal: Open to ORV use October   0.1 mile south of Rodanthe Pier to
 15 through April 14.                1.5 mile south of ramp 23.
                                    1.0 mile north of ramp 34 to ramp 38
                                    East Frisco boundary to west Frisco
                                     boundary (Frisco village beach).
                                    East Hatteras boundary to ramp 55
                                     (Hatteras village beach).
                   Ocracoke Island--Designated Routes
Year Round........................  Ramp 59 to just southwest of ramp
                                    Routes from NC Highway 12 to Pamlico
                                     Sound located north of the Pony
                                     Pens, commonly known as Prong Road,
                                     Barrow Pit Road, and Scrag Cedar
                                    1.0 mile northeast of ramp 67 to 0.5
                                     mile northeast of ramp 68.
                                    0.4 miles northeast of ramp 70 to
                                     Ocracoke inlet.
                                    From ramp 72 to a pedestrian trail
                                     to Pamlico Sound, commonly known as
                                     Shirley's Lane.
Seasonal: October 15 through April  0.5 mile northeast of ramp 68 to
 14.                                 ramp 68 (Ocracoke Campground area).
Seasonal: September 15 through      A route 0.6 mile south of ramp 72
 March 14.                           from the beach route to a
                                     pedestrian trail to Pamlico Sound.
                                    A route at the north end of South
                                     Point spit from the beach route to
                                     Pamlico Sound.

* * * * *
    (12) Night-Driving Restrictions/Hours of ORV Operation.
    (i) Hours of operation and night-driving restrictions are listed in 
the following table:

              Hours Of Operation/Night Driving Restrictions
November 16-April 30..............  All designated ORV routes are open
                                     24 hours a day.
May 1-September 14................  Designated ORV routes in sea turtle
                                     nesting habitat (ocean intertidal
                                     zone, ocean backshore, dunes) are
                                     closed at 9 p.m. and open no
                                     earlier than 6:00 a.m. The Seashore
                                     will publish exact opening times on
                                     an annual basis.
September 15-November 15..........  Designated ORV routes in sea turtle
                                     nesting habitat (ocean intertidal
                                     zone, ocean backshore, dunes) are
                                     closed at 9 p.m. and open no
                                     earlier than 6:00 a.m., but the
                                     Superintendent may open designated
                                     ORV routes, or portions of the
                                     routes, 24 hours a day if no turtle
                                     nests remain. The Seashore will
                                     publish exact opening times on an
                                     annual basis.

* * * * *

    Dated: August 4, 2016.
Michael Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2016-19844 Filed 8-19-16; 8:45 am]