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 CAHAÂs 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 2009ÂSpring 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
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.
Justification_Statement.doc
AttachmentD_EO13422.pdf
Visitor Surveys (respondents)