Appendix 1 Special Regulations (36 CFR §7.67)

COMPENDIUM APPENDIX 1

36 CFR §7.67 Special Regulations

(a) Off-road operation of motor vehicles.

'What do I need to do to operate a vehicle off road?

1. To operate a vehicle off road at Cape Cod National Seashore, you must meet the requirements in paragraphs (b) through (e) of this section. You also must obtain a special permit if you:

   1. Will use an oversand vehicle (see paragraphs (a)(6) and (a)(7) of this section for details);

   2. Will use an oversand vehicle to camp (see paragraph (a)(8) of this section for details); or

   3. Are a commercial operator (see paragraph (a)(9) of this section for details).

Where and when can I operate my vehicle off road?

You may operate a vehicle off road only under the conditions specified in the following table, except when a near (less than ½ mile) or total closure exists (see section I. 36 CFR §1.5). However, the Superintendent may close any access or oversand route at any time for weather, impassable conditions due to changing beach conditions, or to protect resources.

May I launch a boat from a designated route?

Boat trailering and launching by apermitted vehicle from a designated open route corridor is permitted.

ROUTE

WHEN YOU MAY USE THE ROUTE

On the outer beach between the opening to Hatches Harbor, around Race Point to High Head, including the North and South Beach access routes at Race Point and the bypass route at Race Point Light. Off road vehicle corridor from Exit 8 to High HeadAccess road at High Head from the inland parking area to the primary dune. Designated dune parking at High Head (for fishing only)Power Line Route access and fishing parking areaOn controlled access routes for residents or caretakers of individual dune cottages in the Province Lands.On commercial dune taxi routes following portions of the outer beach and cottage access routes as described in the appropriate permit.On the outer beach from High Head to Head of MeadowCoast Guard beach in Truro to Long Nook beach

April 15 through November 15, except Exit 8 to High Head which is closed April 1 through July 20.July 21 through November 15.January 1 through December 31.January 1 through December 31.Only when the Superintendent opens the route due to high tides, beach erosion, shorebird closure or other circumstances which will, as a result, warrant public use of this access way.January 1 through December 31.April 15 through November 15.July 1 through August 31.April 15 through November 15 (hours posted).

What travel restrictions and special rules must I obey?

You must comply with all applicable provisions of this chapter, including part 4, as well as the specific provisions of this section.

1. On the beach, you must drive in a corridor extending from a point 10 feet seaward of the spring high tide drift line to the berm crest. You may drive below the berm crest only to pass a temporary cut in the beach, and you must regain the crest immediately following the cut. Delineator posts mark the landward side of the corridor in critical areas.

   1. On an inland oversand route, you must drive only in a lane designated by pairs of delineator posts showing the sides of the route.

   2. An oversand route is closed at any time that tides, nesting birds, or surface configuration prevent vehicle travel within the designated corridor.

   3. When two vehicles meet on the beach, the operator of the vehicle with the water on the left must yield, except that self-contained vehicles always have the right of way.

   4. When two vehicles meet on a single-lane oversand route, the operator of the vehicle in the best position to yield must pull out of the track only so far as necessary to allow the other vehicle to pass safely, and then must back into the established track before resuming the original direction of travel.

   5. If you make a rut or hole while freeing a stuck vehicle, you must fill the rut or hole before you remove the vehicle from the immediate area.

What activities are prohibited?

The following are prohibited:

(i) Driving off a designated oversand route
(ii) Exceeding a speed of 15 miles per hour unless posted otherwise.
(iii) Parking a vehicle in an oversand route so as to obstruct traffic.
(iv) Riding on a fender, tailgate, roof, door or any other location on the outside of a vehicle.
(v) Driving a vehicle across a designated swimming beach at any time when it is posted with a sign prohibiting vehicles.(vi) Operating a motorcycle on an oversand route.

What special equipment must I have in my vehicle?

You must have in your vehicle all the equipment required by the Superintendent, including:

1. Shovel;

2. Tow rope, chain, cable or other similar towing device;

3. Jack;

4. Jack support board;

5. Low air pressure tire gauge; and

6. Five tires that meet or exceed established standards.

What requirements must I meet to operate an oversand vehicle?

You may operate an oversand vehicle only if you first obtain an oversand permit from the Superintendent. The Superintendent administers the permit system for oversand vehicles and charges fees that are designed to recover NPS administrative costs.

1. The oversand permit is a Special Use Permit issued under the authority of 36 CFR 1.6 and 4.10. You must provide the following information for each vehicle for which you request a permit:

   1. Name and address of registered owner

   2. Driver's license number and State of issue;

   3. Vehicle license plate number and State of issue; and

   4. Vehicle description, including year, make, model and color; make, model and size of tires.

      1. Before we issue a permit, you must:

         1. Demonstrate that your vehicle is equipped as required in paragraph (a)(6) of this section;

         2. Provide evidence that you have complied with all Federal and State licensing registering, inspecting and insurance regulations; and

         3. View an oversand vehicle operation educational program and ensure that all other potential operators view the same program.

2. The Superintendent will affix the permit to your vehicle at the time of issuance.

3. You must not transfer your oversand permit from one vehicle to another.

What requirements must I meet to operate an oversand vehicle in the off season?

To operate an oversand vehicle between November 16 and April 14, you must obtain from the Superintendent an oversand permit and a limited access pass. We will issue you a limited access pass if you have a valid oversand permit (see paragraph (a)(7) of this section) and if you have viewed an educational program that outlines the special aspects of off season oversand use.

1. You may operate a vehicle during the off-season only on the portion of the beach between High Head and Hatches Harbor.

2. You must not operate a vehicle during the off-season within two hours either side of high tide.

3. We may issue a limited access pass for the following purposes:

   1. Access to town shellfish beds at Hatches Harbor;

   2. Recovery of personal property, flotsam and jetsam from the beach;

   3. Caretaker functions at a dune cottage; or

   4. Fishing

What requirements must I meet to use an oversand vehicle for camping?

You may use an oversand vehicle to camp on the beach only in the manner authorized in this section or as authorized by the Superintendent through another approved permitting process.

1. You must possess a valid permit issued under paragraph (a)(7) of this section.

2. You may camp only in a self-contained vehicle that you park in a designated area. A self-contained vehicle has a self-contained water or chemical toilet and a permanently installed holding tank with a minimum capacity of 3 days waste material. There are two designated areas with a maximum combined capacity of 100 vehicles.

   1. You must drive the self-contained vehicle off the beach to empty holding tanks at a dumping station at intervals of no more than 72 hours.

   2. Before returning to the beach, you must notify the Oversand Station as specified by the Superintendent.

3. You must not drive a self-contained vehicle outside the limits of a designated camping area except when entering or leaving the beach by the most direct authorized route.

4. You are limited to a maximum of 21 days camping on the beach from July 1 through Labor Day.

What special requirements must I meet if I have a commercial vehicle?

1. To operate a passenger vehicle for hire on a designated oversand route, you must obtain a permit from the Superintendent. The Superintendent issues the permit under the authority of 36 CFR §1.6, §4.10 and §5.6.

2. You must obey all applicable regulations in this section and all applicable Federal, State and local regulations concerning vehicles for hire.

3. You must provide the following information for each vehicle that will use a designated oversand route:

   1. Name and address of tour company and name of company owner;

   2. Make and model of vehicle;

   3. Vehicle license plate number and State of issue; and

   4. Number of passenger seats.

How will the Superintendent manage the off-road vehicle program?

1. The Superintendent will issue no more than a combined total of 3400 oversand permits annually, including self-contained permits.

2. The Superintendent will monitor the use and condition of the oversand routes to review the effects of vehicles on natural, cultural, and aesthetic resources in designated corridors. If the Superintendent finds that resource degradation or visitor impact is occurring, he/she may amend, rescind, limit the use of, or close designated routes. The Superintendent will do this consistent with 36 CFR §1.5 and §1.7 and all applicable Executive Orders;

3. The Superintendent will consult with the Cape Cod National Seashore Advisory Commission regarding management of the off-road vehicle program.

4. The Superintendent will recognize and use volunteers to provide education, inventorying, monitoring, field support, and other activities involving off-road vehicle use. The Superintendent will do this in accordance with 16 U.S.C. 18 g-j.

5. The Superintendent will report annually to the Secretary of the Interior and to the public the results of the monitoring conducted under this section, subject to availability of funding.

What are the penalties for violating the provisions of this section?

Violation of a term or condition of an oversand permit issued in accordance with this section is prohibited. A violation may also result in the suspension or revocation of the permit.

Has OMB approved the collection of information in this section?

As required by 44 U.S.C. 3501 et seq., the Office of Management and Budget has approved the information collection requirement contained in this section. The OMB approval number is 1024-0026. We are collecting this information to allow the Superintendent to issue off-road vehicle permits. You must provide the information in order to obtain a permit.

Are other ORV corridor options available during the piping plover and tern bird nesting season?

As per the ORV EA finalized in 2007, the selected alternative enables Seashore staff to implement one or more of the following options only if a nearclosure (less than ½ mile) or total closure of the ORV corridor occurs.

1. The park will consider opening access to the High Head north ORV corridor prior to July 21^st. In addition, the park would explore opening access to the ORV corridor near High Head and Head of the Meadow prior to July 1^st.

2. The park would consider temporary daytime access to the ORV corridor south of Coast Guard Beach in Truro until June 30^th.

(b) Aircraft

(1) Land based aircraft may be landed only at the Provincetown Airport approximately one-half mile south of Race Point Beach in the Provincelands area.

(2) Float equipped aircraft may be landed only on federally controlled coastal water in accordance with Federal, State, and local laws and regulations.

(c) Motorboats. Motorboats are prohibited from all federally owned ponds and lakes within the seashore in Truro and Provincetown.

(d) Shellfishing. Shellfishing, by permit from the appropriate town, is permitted in accordance with applicable Federal, State, and local laws.

(e) Public nudity. Public nudity, including public nude bathing, by any person on Federal land or water within the boundaries of Cape Cod National Seashore is prohibited. Public nudity is a person's intentional failure to cover with a fully opaque covering that person's own genitals, pubic areas, rectal area, or female breast below a point immediately above the top of the areola when in a public place. Public place is any area of Federal land or water within the Seashore, except the enclosed portions of bathhouses, restrooms, public showers, or other public structures designed for similar purposes or private structures permitted within the Seashore, such as trailers or tents. This regulation shall not apply to a person under 10 years of age.

(f) Hunting

1. Hunting is allowed at times and locations designated by the Superintendent as open to hunting.

2. Except as otherwise provided in this section, hunting is permitted in accordance with §2.2 of this chapter.

3. Only deer, upland game (including Eastern Wild Turkey), and migratory waterfowl may be hunted.

4. Hunting is prohibited from March 1st through August 31st each year, except for the taking of Eastern Wild Turkey as designated by the Superintendent.

5. The Superintendent may:

   1. Require permits and establish conditions for hunting; and

   2. Limit, restrict, or terminate hunting access or activities after taking into consideration public health and safety, natural and cultural resource protection, andcother management activities and objectives.

6. The public will be notified of such limitations, restrictions, closures or other hunting related designations through one or more methods listed in §1.7(a) of this chapter.

7. Violating a closure, designation, use or activity restriction or a term or condition of a permit is prohibited. Violating a term or condition of a permit may result in the suspension or revocation of the permit by the Superintendent.