Federal Register

Rewriting a Short Rule: Step by Step

by John Strylowski

Editor's note: Please do not use the following as an example of proper form for the Federal Register. While every effort has been made to conform with FR formatting requirements, this is meant to be a plain language tool, not a formatting tool. Also, this is not meant to be an accurate representation of the text of the CFR relating to this subject matter.

Old Rule

Some problems:

  • Material is buried far down in a section
  • Paragraph (3) covers more than travel restrictions, although the title doesn't say that
  • Who would look for the material in paragraph (vii) under the heading "Travel restrictions"?

(3) Travel restrictions. The operation of a motor vehicle on oversand routes is subject to all applicable provisions of this chapter, including part 4 as well as the specific provisions of this section.

(i) Route limits.
(A) On the beach, a vehicle operator will drive in a corridor extending from a point 10 feet seaward of the spring high tide drift line to the berm crest. An operator may drive below the berm crest only to pass a temporary cut in the beach, but will regain the crest immediately following the cut. Delineator posts mark the landward side of the corridor in critical areas.
(B) On an inland oversand route, a vehicle operator will drive only in a lane designated by pairs of delineator posts showing the sides of the route.
(ii) An oversand route is closed at any time that tides, nesting birds or surface configuration prevent vehicle travel within the designated corridor.
(iii) When two vehicles meet on the beach, the operator of the vehicle with the water on the left will yield.
(iv) When two vehicles meet on a single-lane oversand route, the operator of the vehicle in the best position to yield will pull out of the track only so far as necessary to allow the other vehicle to pass safely, and then will move back into the established track before resuming the original direction of travel.
(v) When the process of freeing a vehicle that has been stuck results in ruts or holes, the operator will fill the ruts or holes created by such activity before removing the vehicle from the immediate, area.
(vi) The following are prohibited:
(A) Driving off a designated oversand route.
(B) Exceeding a speed of 15 miles per hour unless posted otherwise.
(C) Parking a vehicle in an oversand route so as to obstruct traffic.
(D) Riding on a fender, tailgate, roof, door or any other location on the outside of a vehicle.
(E) Driving a vehicle across a designated swimming beach at any time when it is posted with a sign prohibiting vehicles.
(F) Operating a motorcycle on an oversand route.
(vii) Boat trailering and launching by permitted ORVs in designated open route corridors is permitted.

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