[Federal Register Volume 60, Number 97 (Friday, May 19, 1995)]
[Proposed Rules]
[Pages 26857-26858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12374]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
Cape Cod National Seashore Off-Road Vehicle Use Negotiated
Rulemaking Committee
AGENCY: National Park Service, Interior.
ACTION: Notice of Intent to Establish a Negotiated Rulemaking
Committee.
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SUMMARY: As required by section 3 of the Negotiated Rulemaking Act of
1990, 5 U.S.C. section 564, the National Park Service (NPS) is giving
notice of its intent to establish a Negotiated Rulemaking Committee to
negotiate and develop a proposed rule revising off-road vehicle use
regulations at Cape Cod National Seashore. NPS has determined that the
establishment of this Committee is in the public interest and supports
the NPS in performing its duties and responsibilities under the
National Park Service Organic Act, 16 U.S.C. 1 et seq., and the
Endangered Species Act, 16 U.S.C. 1531 et seq. Copies of the
Committee's charter will be filed with the appropriate committees of
Congress and with the Library of Congress in accordance with section
9(c) of the Federal Advisory Committee Act (FACA), 5 U.S.C. Appx.
DATES: NPS invites any interested person to comment on the proposal to
create this Committee. In addition, NPS invites persons who believe
that they will be significantly affected by the proposed rule and who
believe their interests will not be adequately represented by the
persons identified in this Notice, to apply for, or nominate another
person for membership on the Committee. Each application must contain
the information described in the ``Application for Membership'' section
below. Applications or nominations for membership on the Committee
should be submitted on or before June 19, 1995.
ADDRESSES: Comments and applications should be submitted to: Andrew T.
Ringgold, Superintendent, Cape Cod National Seashore, South Wellfleet,
MA 02663. Comments and applications received will be available for
inspection at the address listed above from 8:00 a.m. to 4:30 p.m. EST,
Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Andrew T. Ringgold, Superintendent,
Cape Cod National Seashore, at the address listed above, or by
telephone at (508) 349-3785, ext. 202.
SUPPLEMENTARY INFORMATION: The Committee's function will be to
negotiate and develop a proposed rule to revise regulations that govern
off-road vehicle use at Cape Cod National Seashore. It will attempt,
via face-to-face negotiations, to reach consensus on concepts and
language to use as the basis for a proposed rule to be published by the
NPS in the Federal Register that would revise existing regulations
codified at 36 CFR 7.67(a). The existing regulations have not been
effective in resolving longstanding and controversial resource
management and public use conflicts at the Seashore. With the
participation of knowledgeable, affected parties, NPS expects to
develop a practical approach to addressing these management and public
use issues involving the protection of beach environments, their
associated floral and faunal communities, and the public's desire for
access to beach areas by motorized vehicle for fishing and other
recreational activities.
Scope of the Proposed Rule: Within the constraints of NPS statutory
responsibilities to preserve natural and cultural resources and to
provide for their enjoyment, the Committee will evaluate and address
key issues including, but not limited to, the designation of specific
off-road vehicle routes and areas, the periods of the year and times of
day during which off-road vehicles may be operated, and other
[[Page 26858]] conditions that govern the operation of off-road
vehicles at Cape Cod National Seashore. It is anticipated that the
Committee will develop proposed regulations in all of the above-
referenced areas.
List of Interests Significantly Affected: The NPS has identified a
number of interests who are likely to be affected significantly by the
rule. Those parties are conservation and environmental organizations,
recreational fishing organizations, off-road vehicle organizations,
local town governments, commercial interests, and Federal, State and
regional land use management and wildlife management agencies. Other
parties who believe they are likely to be affected significantly by the
Rule may apply for membership on the Committee pursuant to the
``Application for Membership'' section below.
Proposed Agenda and Schedule for Publication of Proposed Rule:
Members of the Committee, with the assistance of a neutral facilitator,
will determine the agenda for the Committee's work. The NPS expects to
publish a proposed rule in the Federal Register before September 30,
1995.
Records of Meetings: In accordance with the requirements of the
Federal Advisory Committee Act, 5 U.S.C. Appx. 1988, the NPS will keep
a record of all Committee meetings.
Administrative Support: To the extent authorized by law, the NPS
will fund the costs of the Committee and provide administrative support
and technical assistance for the activities of the Committee. The NPS
will also provide staff expertise in resource management and operations
to facilitate the Committee's work.
Committee Membership: The Negotiated Rulemaking Act limits
negotiated rulemaking committee membership to 25 members. NPS proposes
the following membership for the Cape Cod National Seashore Off-Road
Vehicle Use Negotiated Rulemaking Committee:
1. The interests of the Department of the Interior will be represented
by the following two members:
a. National Park Service--Andrew T. Ringgold
b. U.S. Fish & Wildlife Service--Sussi von Oettingen
2. The interests of Environmental and Conservation organizations will
be represented by the following four members:
a. Association for the Preservation of Cape Cod--Susan Nickerson
b. Conservation Law Foundation--Emily Bateson
c. Massachusetts Audubon Society--John Clarke
d. Sierra Club--David Dow
3. The interests of recreation/public use organizations will be
represented by the following four members:
a. Cape Cod Salties--Louis MacKeil
b. Citizens Concerned for Seacoast Management--Ignatius Piazza
c. Highland Fish and Game Club--Arthur Parker
d. Massachusetts Beach Buggy Association--Ron Hebb--(508-881-6807)
4. The interests of the Commonwealth of Massachusetts will be
represented by the following three members:
a. Massachusetts Coastal Zone Management Agency--Pamela Rubinoff
b. Massachusetts Department of Environmental Protection--Elizabeth
Kouloharis
c. Massachusetts Division of Fisheries and Wildlife--Thomas French
5. Regional planning, land use, tourism and economic development
interests will be represented by two members:
a. Cape Cod Chamber of Commerce--Michael Frucci
b. Cape Cod Commission--Armando Carbonell
6. The interests of local town governments and residents will be
represented by 6 members:
a. Provincetown--Irene Rabinowitz
b. Truro--Robert Martin
c. Wellfleet--Robert Costa
d. Eastham--Henry Lind
e. Orleans--Paul Fulcher
f. Chatham--Wayne Love.
Application for Membership: Persons who believe they will be
significantly affected by proposals to revise off-road vehicle use
regulations at Cape Cod National Seashore and who believe that
interests will not be adequately represented by any person identified
in the ``Committee Membership'' section above, may apply for, or
nominate another person for membership on the Cape Cod National
Seashore Off-road Vehicle Use Negotiated Rulemaking Committee. In order
to be considered complete, each application or nomination must include:
1. The name of the applicant or nominee and a description of the
interest(s) such person will represent;
2. Evidence that the applicant or nominee is authorized to
represent parties related to the interest(s) the person proposed to
represent;
3. A written commitment that the applicant or nominee will actively
participate in good faith in the development of the proposed rule; and
4. The reasons that the proposed members of the committee
identified above do not represent the interests of the person
submitting the application or nomination.
To be considered, the application must be complete and received by
the close of business on June 19, 1995 at the location indicated in the
``Address'' section above. NPS will give full consideration to all
applications and nominations timely submitted. The decision whether or
not to add a person to the Cape Cod National Seashore Off-Road Vehicle
Use Negotiated Rulemaking Committee will be based on NPS's
determination whether an interest of that person will be significantly
affected by the proposed rule, whether that interest is already
adequately represented on the Committee, and if not, whether the
applicant or nominee would adequately represent it.
Certification
I hereby certify that the administrative establishment of the
Cape Cod National Seashore Off-Road Vehicle Use Negotiated
Rulemaking Advisory Committee 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: March 9, 1995.
Bruce Babbitt,
Secretary of the Interior.
[FR Doc. 95-12374 Filed 5-18-95; 8:45 am]
BILLING CODE 4310-70-P
