Rule2026-04161
Assateague Island National Seashore; Oversand Vehicles
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 3, 2026
Effective
April 2, 2026
Issuing agencies
Interior DepartmentNational Park Service
Abstract
The National Park Service (NPS) amends the special regulations for Assateague Island National Seashore to remove certain permit eligibility requirements for motor vehicles that drive on designated beaches and oversand routes. The rule eliminates requirements addressing vehicle weight, ground clearance, and dimensions. These requirements were established in 1976 and are no longer necessary. In addition, the NPS is making several technical, non-substantive changes to the regulations.
Full Text
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<title>Federal Register, Volume 91 Issue 41 (Tuesday, March 3, 2026)</title>
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[Federal Register Volume 91, Number 41 (Tuesday, March 3, 2026)]
[Rules and Regulations]
[Pages 10334-10339]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04161]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-ASIS-NPS0040355; NPS-2025-0003; PPMPSPD1Z.YM0000, PPNEASISS0]
RIN 1024-AE90
Assateague Island National Seashore; Oversand Vehicles
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: The National Park Service (NPS) amends the special regulations
for Assateague Island National Seashore to remove certain permit
eligibility requirements for motor vehicles that drive on designated
beaches and oversand routes. The rule eliminates requirements
addressing vehicle weight, ground clearance, and dimensions. These
requirements were established in 1976 and are no longer necessary. In
addition, the NPS is making several technical, non-substantive changes
to the regulations.
DATES: This rule is effective April 2, 2026.
ADDRESSES: The comments received on the proposed rule are available on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> in Docket No. NPS-2025-0003.
FOR FURTHER INFORMATION CONTACT: Hugh Hawthorne, Superintendent,
Assateague Island National Seashore; (410) 629-6080 Ext 6080;
<a href="/cdn-cgi/l/email-protection#4f273a282710272e383b27203d212a0f213f3c61282039"><span class="__cf_email__" data-cfemail="0a627f6d6255626b7d7e626578646f4a647a79246d657c">[email protected]</span></a>. Individuals in the United States who are deaf,
deafblind, hard of hearing, or have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access telecommunications relay services.
Individuals outside the United States should use the relay services
offered within their country to make international calls to the point-
of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Background
Purpose and Significance of Assateague Island National Seashore
In 1965, Congress established the Assateague Island National
Seashore (Seashore) to protect and develop Assateague Island and
certain adjacent waters and small marsh islands for public outdoor
recreation use and enjoyment. 16 U.S.C 459f. Congress directed the
Secretary of the Interior, acting through the NPS, to administer the
Seashore for general purposes of public outdoor recreation, including
conservation of natural features contributing to public enjoyment. 16
U.S.C. 459f-5. The NPS manages the Seashore as a unit of the National
Park System. In addition to the Seashore that is managed by the NPS,
other public lands on the island are managed by the Maryland Department
of Natural Resources (Assateague State Park) and the U.S. Fish and
Wildlife Service (Chincoteague National Wildlife Refuge).
The dominant feature of the Seashore is Assateague Island, a
barrier island that stretches 37 miles along the Atlantic Coast of
Maryland and Virginia. The island is a dynamic place, altered daily by
powerful wind and waves. It is the largest natural barrier island
ecosystem in the mid-Atlantic region that remains predominantly
unaffected by human development. Only a couple of miles wide at its
broadest point, the island's terrain offers shelter to famed wild
horses as well as sika deer, ghost crabs, and migratory birds such as
the great blue heron and snowy egret. The Seashore is a three-hour
drive from Washington, Baltimore, and Philadelphia. Visitors to the
Seashore can explore sandy beaches, salt marshes, maritime forests, and
coastal bays. Popular recreational activities include swimming in the
ocean, paddling in coastal bays, fishing, hunting, stargazing, and
photography.
Authority To Promulgate Regulations
The NPS Organic Act (54 U.S.C. 100101 et seq.) gives the NPS broad
authority to regulate the use of lands and waters under its
jurisdiction, including a specific authority to promulgate regulations
it considers necessary or proper for the use and management of National
Park System units. 54 U.S.C. 100751(a). The enabling act for the
Seashore confirms that NPS may use applicable legal authorities,
including those provided by the Organic Act, for the conservation and
management of natural resources. 16 U.S.C. 459f-5.
Executive Order (E.O.) 11644, ``Use of Off-Road Vehicles on the
Public Lands,'' was issued in 1972 and amended by E.O. 11989 in 1977.
E.O. 11644 required Federal agencies to issue regulations designating
specific areas and routes on public lands where the use of off-road
vehicles may be allowed. The NPS implemented these E.O.s, in part, by
promulgating regulations at 36 CFR 4.10 (``Travel on park roads and
designated routes'').
Under 36 CFR 4.10, the use of motor vehicles off park roads and
parking areas is not permitted unless routes and areas are designated
for off-road motor vehicle use by special regulation. Such
[[Page 10335]]
routes and areas may be designated only in national recreation areas,
national seashores, national lakeshores, and national preserves. The
existing special regulations for the Seashore in 36 CFR 7.65(b)
designate beaches and oversand routes for the use of oversand vehicles
(OSVs) in compliance with 36 CFR 4.10 and E.O.s 11644 and 11989.
Use and Management of OSVs in the Seashore
The use of OSVs for access and recreation is a traditional activity
that occurred on Assateague Island prior to the establishment of the
Seashore. Oversand driving continues to this day and allows visitors to
access locations within the Seashore, including remote areas, for
recreational activities such as fishing, crabbing, viewing wildlife,
and enjoying coastal scenery.
The NPS formalized management of OSV use with the promulgation of
special regulations in 1974 (39 FR 31633). These regulations
established a system of oversand permits to manage the use of OSVs.
These regulations designated areas for OSV use, established rules of
travel, and authorized the suspension or revocation of a permit for
violating the regulations. In 1976 the NPS amended the special
regulations (41 FR 15008) to allow the superintendent to establish a
system of special recreation permits and fees for OSVs. The revised
regulations also authorized OSV use in designated areas; established
quantified standards to determine whether an OSV qualifies for a
permit; and restricted the use of towed travel trailers. The OSV
regulations for the Seashore have not changed since 1976.
Using the superintendent's authority to establish a permit system,
the superintendent has established additional management prescriptions
for OSVs in the superintendent's compendium (or written compilation) of
discretionary actions taken by the superintendent that is required to
be made available to the public under 36 CFR 1.7(b). Among other
actions, the compendium requires OSVs to have four-wheel or all-wheel
drive and limits the number of OSVs that may be used in the Seashore.
No more than 145 OSVs are allowed at any one time in designated OSV
areas in Maryland. The NPS manages vehicle access on a one-off, one-on
basis after this limit has been reached.
In 2021 the NPS issued a record of decision (ROD) finalizing a
general management plan (GMP) for the Seashore. The GMP provides a
decision-making framework that ensures that management decisions
effectively and efficiently carry out the NPS mission at the Seashore
into the future. The ROD states that the NPS will manage OSV use for
maximum flexibility to respond to changing conditions, protect
sensitive resources, and minimize conflicts with other uses of the
Seashore. The ROD also states that the NPS will periodically review
regulations for OSV use at the Seashore and make changes if conditions
render changes necessary.
Final Rule
This rule amends the special regulations for the Seashore at 36 CFR
7.65(b) by changing the standards used to determine if a motor vehicle
qualifies for a permit that authorizes driving on designated beaches
and oversand routes. The rule removes requirements that (1) the gross
vehicle weight rating (GVWR) does not exceed 10,000 pounds; (2) the
vehicle has at least 7 inches of ground clearance; and (3) the vehicle
does not exceed 26 feet in length and 8 feet in width. These
requirements were established in 1976 and are no longer necessary. In
addition, this rule would make several technical, non-substantive
changes to the regulations. All of these changes are discussed in more
detail below.
GVWR Requirement
Gross vehicle weight is the base curb weight of a vehicle plus
actual cargo weight and passengers. Gross vehicle weight is not a limit
or specification. It is an actual weight that should never exceed the
GVWR for the vehicle. The GVWR is established by the manufacturer and
is the total weight the vehicle can safely carry. The National Highway
Traffic Safety Administration (NHTSA) requires manufacturers to label
the GVWR on all vehicles, which includes passenger cars, trucks, and
buses. The label is typically found on the driver's side door jamb or
the door itself. While a vehicle's actual weight can fluctuate based on
load, the GVWR is a specific figure that does not change.
The current regulations for the Seashore require the GVWR of a
vehicle to be less than or equal to 10,000 pounds in order to be
eligible for an OSV driving permit. 36 CFR 7.65(b)(2)(ii)(D). The
Seashore is the only National Park System unit with an OSV permit
system that prescribes a vehicle weight limit.\1\ Although the NPS did
not explain the need for this specific requirement when it was
established in 1976, it was most likely established to help ensure the
safe use of two bridges that provided access to and from private land
within the boundary of the Seashore. These lands have since reverted to
NPS ownership. No private property interests remain within the
Seashore. One of the bridges no longer exists and the other is no
longer open to motor vehicles.
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\1\ See special regulations for Gulf Island National Seashore
(36 CFR 7.12), Gateway National Recreation Area (36 CFR 7.29), Cape
Lookout National Seashore (36 CFR 7.49), Cape Hatteras National
Seashore (36 CFR 7.58), and Cape Cod National Seashore (36 CFR
7.67).
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The NPS does not expect the removal of the GVWR requirement to
result in adverse impacts to resources at the Seashore. Soil compaction
and self-repair from tide cycles mitigate damage to sand on beaches
used by OSVs. The NPS uses vehicles that weigh more than 10,000 pounds
for administrative actions (e.g., moving beached whales, repairing
boundary fences) that do not result in damage to the sand for those
reasons. There are many other requirements in the special regulations
for the Seashore that mitigate impacts to natural resources from beach
driving, the most important being requirements to stay on designated
routes and areas that keep OSVs away from dunes and vegetation. Cutting
circles and needlessly defacing the sand also is prohibited.
Several models of trucks meet or exceed the current limit of 10,000
pounds.\2\ This rule makes those vehicles eligible to receive OSV
driving permits. This will create more opportunities for access and
recreation by increasing the pool of applicants that is eligible to
receive an OSV driving permit, without any adverse impacts to
resources.
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\2\ Examples include Ford F-250, Ford F-450, GMC Sierra 2500HD,
Chevy Silverado 2500HD Work Truck, and Ram 2500 Tradesman. Source:
<a href="http://Edmunds.com">Edmunds.com</a> (last visited December 5, 2024).
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Vehicle Ground Clearance
Ground clearance refers to the vertical distance between a
vehicle's undercarriage or underside of the chassis and the ground. The
current regulations for the Seashore require a vehicle to have a
minimum ground clearance of 7 inches in order to be eligible for an OSV
driving permit. 36 CFR 7.65(b)(2)(ii)(D). Like the GVWR requirement,
the NPS did not explain the need for this specific requirement when it
was established in 1976. The NPS assumes that it was established to
help prevent vehicles from getting stuck on the sand. Although ground
clearance can contribute to whether a vehicle becomes stuck, a
specific, minimum ground clearance requirement has disadvantages as a
management approach, and ground clearance in general is not among the
most important
[[Page 10336]]
factors that cause vehicles to become stuck.
Variation in vehicle design, manufacturing, and owner modifications
have made the minimum ground clearance requirement difficult to measure
and challenging to enforce. Ground level clearance can vary across the
same model of a vehicle due to several factors such as trim levels,
suspension types, packages and options, wheel and tire sizes, load and
weight, production variations, and owner modifications. Further, the
NPS has no documented or observational evidence that 7 inches of ground
clearance is a meaningful distance compared to other clearance levels
from the ground. Many contemporary sport-utility-vehicles (SUVs) have
less than 7 inches of ground clearance.\3\ The NPS has no reason to
believe that vehicles with less than 7 inches of ground clearance, as a
category, are incapable of driving directly over sand.
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\3\ Examples include Toyota C-HR, Buick Encore, Mini Cooper
Countryman, Kia Soul, Hyundai Kona, Ford Escape, Kia Sorento, and
Cadillac XTC. Source: <a href="https://motorandwheels.com/suvs-with-lowest-ground-clearance/">https://motorandwheels.com/suvs-with-lowest-ground-clearance/</a> (last visited December 6, 2024).
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In general, insufficient vehicle ground clearance rarely causes
vehicles to get stuck at the Seashore if other contributing factors are
not present. In most cases, vehicles become stuck because the tires
have not been properly deflated, which is recommended for all vehicles.
In almost all other cases, vehicles become stuck because they are
driven into dunes or wet sand, or because they do not have modern
vehicle technology that did not exist when the existing regulations
were issued in 1976. This technology includes electronic stability
control,\4\ traction control systems, modern four-wheel drive (4WD),
and all-wheel drive (AWD). Tire choice and condition also has a
meaningful effect on vehicle traction over sand. Driver judgement,
skill, and responsibility are other key factors.
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\4\ NHTSA required all new passenger vehicles with a GVWR of
10,000 or less to be equipped with electronic stability control
beginning in model year 2012. 72 FR 17236 (April 6, 2007).
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The NPS offers tips on the Seashore website to help avoid vehicles
getting stuck. Examples are (1) spinning a vehicle's tires makes them
dig deeper into the sand thereby increasing the chance the vehicle's
frame will bottom out; (2) after stopping a vehicle back up several
feet before proceeding forward; (3) carry 4 boards (2'' x 6'' x 36'')
for placement under each tire when stuck; (4) driving in the tracks of
another vehicle is easier than driving through fresh sand; and (5) walk
across soft sand first to be sure that it will hold your vehicle.
Existing regulations require vehicles to carry a shovel and a tow rope
or chain that can help clear vehicles off the sand when they do get
stuck. 36 CFR 7.65(b)(2)(ii)(A). The factors described above
demonstrate that there are many ways to avoid vehicles getting stuck in
the sand that do not require a minimum ground clearance requirement,
which is poorly tailored to the problem it is intended to address and
difficult to administer and enforce.
Vehicle Length and Width
The current regulations for the Seashore require a vehicle to be no
longer than 26 feet and no wider than 8 feet in order to be eligible
for an OSV driving permit. 36 CFR 7.65(b)(2)(ii)(D). Like the GVWR and
ground clearance requirements, the NPS did not explain the need for
these specific requirements when they were established in 1976. The NPS
speculates that they may have been established in reference to the size
of military surplus vehicles that were commonly used at the time for
off-road driving. In any event, the NPS does not manage vehicle
dimensions using the length and width requirements in the regulations
anymore. Vehicle width is limited in practice by the size of the gate
that provides OSV access to the designated beaches and oversand routes.
This limiting factor, together with the requirement in the special
regulations that vehicles and towed trailers have no more than 2 axles,
has proven to be sufficient to keep vehicles that are too large from
entering the designated OSV routes and areas.
Technical, Non-Substantive Changes
In addition to the changes described above, this rule makes several
technical, non-substantive changes to the current regulations.
In the existing table codified at 36 CFR 7.65(b)(2)(ii)(D), there
is a row entitled ``maximum number of wheels (per axle)'' but there is
no corresponding number in the right-hand column. When the regulations
were published in 1976, the table showed ``2'' as the maximum number of
wheels per axle, but then in 1999, a printing error resulted in the
omission of that number from the table, where it has not appeared for
25 years. For some time, the NPS has issued permits to OSVs that have
up to four wheels per axle without any observed adverse impacts to
resources or visitors. In order to eliminate potential confusion about
what the CFR requires compared to current management of OSVs, this rule
removes the reference to ``maximum number of wheels (per axle)'' in the
regulations.
Because the rule removes all of the quantified standards in the
existing table except for the requirement that vehicles and towed
trailers have no more than two axles, having a table is no longer
necessary. As a result, the rule removes the table and instead locates
the no-more-than-two-axle requirement in paragraph (b)(2)(ii)(D), in
narrative form.
Revised paragraph (b)(2)(ii)(D) omits an existing reference to
four-wheel-drive vehicles that is located in an introductory clause to
the table, and the first two sentences in the paragraph immediately
following the table that list specific requirements for two-wheel-drive
vehicles, instead clarifying that the no-more-than-two-axle requirement
applies to all vehicles and to all towed trailers. The specific
requirements for two-wheel-drive vehicles are no longer necessary
because two-wheel-drive vehicles are no longer used as OSVs at the
Seashore, as reflected by the longstanding requirement in the
superintendent's compendium that all OSVs must be 4WD or AWD.
The rule removes the rest of the paragraph immediately following
the table, which provides an exception to the vehicle dimension
requirements that is no longer necessary because this rule removes the
dimension requirements.
Finally, the rule removes the defined term ``dunes crossing'' in
paragraph (b)(1)(iv), which is not used elsewhere in the special
regulations.
Summary of Public Comments
The NPS published a proposed rule in the Federal Register on
January 17, 2025 (90 FR 5786). The NPS accepted public comments for 60
days via the mail, hand delivery, and the Federal eRulemaking Portal at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Comments were accepted through March 18,
2025. The NPS received 66 comments on the proposed rule. Most
commenters supported the proposed changes, in particular the removal of
the GVWR requirement. After considering public comments and after
additional review, the NPS is finalizing the proposed rule without
change. A summary of the pertinent issues raised in the comments and
NPS responses are provided below:
1. Comment: Several commenters expressed concerns about removing
the minimum ground clearance requirement. Commenters stated that low-
clearance vehicles will damage the ecology of the beach and result in
hazardous conditions for other drivers by creating uneven terrain and
becoming stuck in soft sand or rutted
[[Page 10337]]
areas, which will impede the safe passage of properly equipped
vehicles.
NPS Response: As explained above, there many reasons why OSVs
become stuck in the sand that are unrelated to ground clearance, which
is a difficult standard to administer. Imposing a strict a ground
clearance requirement limits opportunities for access and recreation
for visitors who can navigate beach conditions safely with OSVs that do
not meet the requirement. NPS staff closely monitor changing beach
conditions and communicate essential information to OSV users about
hazardous conditions. Designated driving areas on the beach are
generally wide enough to allow drivers to navigate around obstacles,
including uneven terrain and stuck vehicles, until they are remediated.
Vehicles of any ground clearance are capable of rutting the sand, and
needlessly defacing the sand is prohibited by existing regulations at
36 CFR 7.65(b)(4)(i). Most OSV permit holders are skilled oversand
drivers with sufficient knowledge and experience to navigate sandy
terrains effectively, including how to maintain traction, manage tire
pressure, and maneuver around obstacles.
2. Comment: Several commenters encouraged the NPS to increase
monitoring and enforcement of OSV regulations to ensure that OSVs are
permitted, properly equipped, and operated in compliance with speed
limits. One commenter stated the NPS should conduct inspections of the
required air pressure gauges, boards, tow ropes and shovels before
issuing OSV permits.
NPS Response: This rule does not change any existing requirements
related to permits, equipment, or speed limits. When operators sign
permit applications, they accept responsibility for knowing and
adhering to all OSV regulations. Failure to comply with these
regulations and the terms and conditions of a permit may result in
revocation of the OSV permit and other penalties under Federal law. The
regulations authorize NPS staff to inspect vehicles prior to issuing a
permit for compliance with permit eligibility requirements, including
the need to have a shovel, jack, tow rope or chain, board or similar
support for the jack, and low-pressure tire gauge. These inspections
occur at the North Beach ranger station before operators receive OSVs
permits. NPS staff routinely patrol OSV driving areas to promote
compliance with applicable regulations, including speed limits. The
need for enforcement has declined over time with improved compliance
from permit-holders.
3. Comment: One commenter expressed concern that removing the GVWR
limit will increase traffic at the Seashore.
NPS Response: As explained below, although removing the GVWR limit
requirement will increase the number of vehicles that are eligible to
receive a permit, on most days the number of vehicles on the beaches
during peak season will not increase because the designated beaches and
oversand routes will be at maximum capacity early in the morning
through late evening. When this occurs, the NPS manages OSV access on a
one-on, one-off basis. During the summer season, there can be delays
entering the Seashore by vehicle because of the need to collect
entrance fees, and traffic within the Seashore is higher compared to
off-season. The NPS does not expect the removal of the GVWR limit
requirement to have any noticeable increase in entrance delays or the
level of traffic within the Seashore. The Seashore has experienced
record attendance in recent years, receiving over 2.3 million visitors
in 2022. Compared to the total volume of visitation, on average the NPS
issues 1,000 OSV permits per year. Even if the NPS issues more OSV
permits after this rule, permit holders will still represent a small
fraction of total visitation.
4. Comment: Several commenters asked the NPS to increase the GVWR
limit requirement for permit eligibility. One commenter recommended
that the GVWR should not exceed 16,000 pounds in order to exclude
medium duty trucks that are not designed for driving on sand.
NPS Response: The NPS is not aware of any specific data or research
that supports a specific GVWR limit requirement for oversand driving.
The NPS routinely drives vehicles that exceed the existing 10,000-pound
limit for administrative purposes, with no observed adverse effects to
resources for the reasons explained above. Establishing a GVWR limit of
16,000 would allow most vehicles to qualify for an OSV permit,
including SUVs, pickup trucks, full-sized vans, extended bed cargo
vans, and small buses. Other vehicles would be excluded, however, most
notably RVs which are used for oversand driving.\5\
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\5\ See Figure 21. Law Enforcement Vehicle Identification Guide
published by the Federal Highway Administration's (FHWA) Office of
Operations. Source: <a href="https://ops.fhwa.dot.gov/publications/fhwahop10014/long_f21.htm">https://ops.fhwa.dot.gov/publications/fhwahop10014/long_f21.htm</a> (last visited May 29, 2025).
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Establishing a specific GVWR limit might unnecessarily restrict
access and recreation by operators and passengers of heavier vehicles
that pose no greater risk to resources and visitors than lighter
vehicles due to other factors, such as the skill and experience of the
driver, on-board equipment, and tire pressure and condition. New
vehicle technology that enhances oversand driving capability,
regardless of a vehicle's GVWR, could render assumptions about
potential impacts to resources and visitors based upon vehicle weight
obsolete. Some vehicles that are extremely heavy would be excluded for
other reasons such as the requirement that vehicles may not have more
than two axles, or lack the ability to pass through the gate for
entering designated OSV driving areas. Examples include semi-trucks or
tractor-trailers that are typically used for transporting freight and
can weigh up to 80,000 pounds.\6\ The NPS will continue to emphasize
responsible use of all permitted OSVs, including compliance with
applicable regulations, in a manner that allows for access and
recreation while protecting resources and the experience of other
visitors.
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\6\ See Commercial Vehicle Weight Standards published by the
FHWA's Office of Freight Management and Operations. Source: <a href="https://ops.fhwa.dot.gov/freight/sw/overview/index.htm">https://ops.fhwa.dot.gov/freight/sw/overview/index.htm</a> (last visited May 29,
2025).
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5. Comment: One commenter stated that AWD vehicles should not be
eligible for OSV permits because they lack the same capabilities as
traditional 4WD vehicles, and result in vehicles on the beach that
should not be there, such as sedans and SUVs.
NPS Response: Many AWD vehicles operate safely and effectively
within designated OSV areas where the terrain is level in most places
and does not present steep inclines or rugged obstacles that require
maximum power to the front wheels. The differential in AWD vehicles
allows the wheels to spin independently, which helps the vehicle
maintain stability and grip on soft surfaces. As discussed above, in
most cases vehicles become stuck in the stand because the tires are not
deflated properly or the vehicle has travelled outside of designated
areas and routes. This can occur with vehicles that have AWD or 4WD.
Requiring OSVs to have 4WD would prohibit a large class of vehicles
from oversand driving that have proven in many cases to be capable of
such travel.
6. Comment: One commenter stated that this rule will incentivize
tow trucks to enter the OSV area and wait for low-clearance vehicles to
become stranded. These tow trucks would contribute to the vehicle count
within the zone, limiting access and recreational by other permit
holders in favor of financial gain for private companies.
[[Page 10338]]
NPS Response: Engaging in or soliciting any business in a National
Park System unit is generally prohibited except as specifically
authorized in writing or pursuant to special regulations for that
System unit. See 36 CFR 5.3. Towing companies must have a commercial
use authorization (CUA) in order to provide towing services within the
Seashore. The terms and conditions of the CUAs establish when a towing
company can enter a designated OSV area to provide towing services for
stranded vehicles. Towing companies are not permitted to patrol or wait
inside of designated OSV areas if they are not responding to a service
call. Tow trucks do not count toward the daily OSV limit for permit
holders.
7. Comment: Several commenters raised concerns about impacts to
wildlife from OSV use and expressed support for protections that ensure
ecosystems in the Seashore remain healthy and sustainable for future
generations.
NPS Response: The NPS agrees that the Seashore contains exceptional
natural resources, including wildlife and ecosystems, that must be
conserved for the enjoyment of future generations. The Seashore is one
of the few coastal environments in the densely populated northeast
United States where visitors can experience unspoiled beaches, tranquil
bays and marshlands, natural sounds, quiet, dark night skies, and
solitude. The NPS will continue to monitor the health of wildlife and
ecosystems within, adjacent to, and nearby designated OSV areas and
implement mitigation measures, such as seasonal closures to protect
transient wildlife, as appropriate.
Compliance With Other Laws, E.O.s and Department Policy
Regulatory Planning and Review (E.O.s 12866 and 14192)
This rule has been determined to be not significant for purposes of
E.O. 12866. This rule is an E.O. 14192 deregulatory action.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
This rule will not have a significant economic effect on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). No small entities would be directly
regulated by this rule, which modifies vehicle requirements for
visitors seeking to obtain an OSV permit for driving on designated
beaches and oversand routes. OSV permits are non-transferable which
means that only those persons who initially receive a permit would be
affected by changes to permitting requirements. There is no limit on
the number of permits that can be issued. On average, the NPS issues
1,000 OSV permits per year.
In recent years, approximately 10 percent of permit applications
have been denied due to vehicles not meeting the GWVR requirement. The
NPS has not denied any permit applications for failure to meet the
minimum ground clearance requirement or the vehicle dimension
requirements because they have not been enforced by the NPS for the
reasons explained above.
As discussed above, the NPS expects that the rule will slightly
increase the pool of applicants eligible to receive an OSV permit by
removing the GVWR requirement. This could lead to an incremental
increase of visitor activity at the Seashore. The NPS expects this
effect, however, to be mitigated by the fact that on many days in peak
season the designated beaches and oversand routes are at maximum
capacity for OSVs early in the morning through late evening. When this
occurs, although the composition of visitors recreating in the
designated OSV areas may be different, the total amount of visitor
activity will remain the same.
In summary, the NPS has considered whether this rule will result in
a significant economic impact on a substantial number of small
entities. The NPS certifies that this rule will not have a significant
economic impact on a substantial number of small business entities.
Therefore, a regulatory flexibility analysis is not required.
Congressional Review Act
This rule is not a major rule under 5 U.S.C. 804(2). 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 (2 U.S.C. 1501 et seq.)
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. It addresses public
use of national park lands and imposes no requirements on other
agencies or governments. A statement containing the information
required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is
not required.
Takings (E.O. 12630)
This rule does not effect a taking of private property or otherwise
have takings implications under E.O. 12630. A takings implication
assessment is not required.
Federalism (E.O. 13132)
Under the criteria in section 1 of E.O. 13132, the rule does not
have sufficient federalism implications to warrant the preparation of a
federalism summary impact statement. This rule only affects use of
federally administered lands and waters. It has no direct effects on
other areas. A federalism summary impact statement is not required.
Civil Justice Reform (E.O. 12988)
This rule complies with the requirements of E.O. 12988. 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.
Consultation With Indian Tribes (E.O. 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-governance and Tribal sovereignty. The NPS has evaluated
this rule under the criteria in E.O. 13175 and under the Department's
Tribal consultation policy and has determined that Tribal consultation
is not required because the rule will have no substantial direct effect
on federally recognized Indian Tribes. Nevertheless, in support of the
Department of the Interior's and the NPS's commitment to government-to-
government consultation, the NPS sent letters of notification to Indian
Tribes that are traditionally associated with the land that is now part
of the Seashore, including the Accohannock, Pocomoke, Nanticoke, and
Assateague peoples. The NPS did not receive a response from any Tribes.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This rule contains existing information collections. All
information
[[Page 10339]]
collections require approval by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act of 1995 (PRA, 44 U.S.C. 3501 et
seq.). We may not conduct or sponsor, and you are not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. OMB has reviewed and approved the information
collection requirements associated with this rulemaking and assigned
OMB Control Number 1024-0026 (expires March 31, 2027). This rule
contains no new information requirements that will affect the currently
approved information collection. The NPS will use <a href="http://Recreation.gov">Recreation.gov</a> to
collect information necessary to make the financial transaction
required to purchase an OSV permit.
National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et
seq.)
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the National Environmental Policy Act of 1969 (NEPA) is not
required because the rule is covered by a categorical exclusion. DOI
NEPA Handbook, Appendix 2, 12.5 D.4 allows for the following to be
categorically excluded: Minor changes in programs and regulations
pertaining to visitor activities. This rule makes minor changes to the
eligibility requirements for obtaining an OSV permit for the Seashore.
The substantial majority of requirements for OSV use at the Seashore
will remain the same. The NPS has also determined that the rule does
not involve any of the extraordinary circumstances listed in 43 CFR
46.215 that would require further analysis under NEPA.
Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in E.O. 13211; the rule is not likely to have a significant adverse
effect on the supply, distribution, or use of energy, and the rule has
not otherwise been designated by the Administrator of Office of
Information and Regulatory Affairs as a significant energy action. A
statement of energy effects is not required.
List of Subjects in 36 CFR Part 7
National parks, Reporting and Recordkeeping requirements.
For the reasons stated in the preamble, and under the authority of
54 U.S.C. 100751, the National Park Service amends 36 CFR part 7, as
set forth below:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
0
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 D.C. Code 10-137 and D.C. Code 50-2201.07.
0
2. Amend Sec. 7.65 by:
0
a. Removing paragraph (b)(1)(iv); and
0
b. Revising paragraph (b)(2)(ii)(D) as follows:
Sec. 7.65 Assateague Island National Seashore.
* * * * *
(b) * * *
(2) * * *
(ii) * * *
(D) Which has more than two axles, or tows a trailer with more than
two axles.
* * * * *
Kevin J. Lilly,
Principal Deputy Assistant Secretary, Exercising the Delegated
Authority of the Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2026-04161 Filed 3-2-26; 8:45 am]
BILLING CODE 4312-52-P
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</html>Indexed from Federal Register on March 3, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.