The National Park Service (NPS) is
requesting emergency clearance of the Information Collection
Request for surveys of local businesses and visitors to be
conducted at Cape Hatteras National Seashore (CAHA). The surveys
would gather information that would be used in the planning and
rulemaking processes for CAHAs Off-Road Vehicle (ORV) Management
Plan/Environmental Impact Statement (EIS) and ORV
regulation.
Emergency processing is
needed because use of normal clearance procedures is reasonably
likely to cause NPS to miss a court-ordered deadline to finalize an
off-road vehicle (ORV) management plan and special regulation for
CAHA. The Regulatory Flexibility Act of 1980 and the National
Environmental Policy Act require NPS to evaluate the impacts of
proposed management alternatives on small businesses and on the
socioeconomic environment of the park. The proposed surveys will
provide data for these impact assessments. The surveys have been
requested by the Negotiated Rulemaking Committee that is working
with CAHA to develop a consensus alternative for ORV management at
the Seashore. Critical Milestones and Court-ordered Deadlines The
following milestones are critical for meeting the court-ordered
deadlines: Spring 2009: Draft EIS with management alternatives
finalized for internal NPS review. Fall 2009: Draft EIS released
to public along with benefit-cost analysis for the proposed rule.
Fall 2009Spring 2010: Public comment on draft EIS. Spring 2010:
Final EIS and benefit-cost analysis for final rule released.
December 30, 2010: Planning process completed (court-ordered
deadline). April 1, 2011: Final rule promulgated (court-ordered
deadline). Visitor intercept survey: To meet the court-ordered
deadlines for a final management plan and special regulation,
surveys of visitors to CAHA must be conducted from Summer 2009
through Spring 2010. (Use patterns at the Seashore vary seasonally,
so all four seasons must be covered.) If approved by May 8, 2009,
NPS could begin the visitor survey when the high tourist season
starts in late May. If data collected over the summer provides
information that changes the economic analysis drastically, then a
supplemental draft EIS could be issued in Fall 2009. Data from the
full 12 months of surveying will be available for the final EIS and
the benefit-cost analysis of the final rule in Spring 2010. The
Negotiated Rulemaking Committee has requested a new visitor survey
as a way to provide applicable data to inform the socioeconomic
impact assessment. The visitor survey will provide information
about the geographic distribution of visitors across areas of the
park that will be affected differently by the action alternatives
in the EIS. Information also will be collected on visitor and trip
characteristics under the baseline No-Action Alternative (current
conditions in 2009) and how visitors think the proposed
alternatives will affect current and future trips to CAHA. Business
survey: The business-owner survey must be completed in Spring 2009
so that the NPS will be able to use the findings in the draft EIS
that will be reviewed over the summer and released to the public in
Fall 2009. This survey will provide information about the size of
local businesses for the Regulatory Flexibility Analysis,
information for the baseline No-Action Alternative (conditions
during 2007 and 2008), and how small business owners think that the
proposed action alternatives will affect their operations.
Community representatives on the Negotiated Rulemaking Committee
feel that businesses have been excluded from the decision-making
process and have requested a business survey as part of the
economic impact analysis. The NPS believes that inclusion of data
from the business survey in the draft EIS to be released in Fall
2009 is important for public acceptance of the document.
EO: EO
12866 Name/Subject of EO: Regulatory Planning and Review
EO: EO 13258 Name/Subject of EO: Amending EO
12866
EO: EO 13422 Name/Subject of EO: Amending EO
12866
james gramann 202-513-7189
james_gramann@partner.nps.gov
No
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.