Special Regulations; Areas of the National Park System, Cuyahoga Valley National Park, Bicycling, 51945-51952 [2015-21198]
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Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR parts 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for Part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T09–0082 to read as
follows:
■
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§ 165.T09–0082 Safety Zone; Cleveland
Dragon Boat Festival and Head of the
Cuyahoga, Cuyahoga River, Cleveland, OH.
(a) Location. The following area is a
safety zone: All waters of the Cuyahoga
River, Cleveland, OH between a line
drawn perpendicular to the river banks
from position 41°29′55″ N., 081°42′23″
W. (NAD 83) just past the DetroitSuperior Viaduct bridge at MM 1.42 of
the Cuyahoga River south to a line
drawn perpendicular to the river banks
at position 41°28′32″ N., 081°40′16″ W.
(NAD 83) just south of the Interstate 490
bridge at MM 4.79 of the Cuyahoga
River.
(b) Enforcement period. The third
Saturday of September each year from 7
a.m. to 4 p.m.
(c) Definitions. The following
definitions apply to this section:
(1) ‘‘On-scene Representative’’ means
any Coast Guard commissioned,
warrant, or petty officer designated by
the Captain of the Port Buffalo to
monitor a safety zone, permit entry into
the zone, give legally enforceable orders
to persons or vessels within the zones,
and take other actions authorized by the
Captain of the Port.
(2) ‘‘Public vessel’’ means vessels
owned, chartered, or operated by the
United States, or by a State or political
subdivision thereof.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry into, transiting, or
anchoring within this safety zone
identified in paragraph (a) of this
section is prohibited unless authorized
by the Captain of the Port Buffalo or his
designated on-scene representative.
(2) The safety zone identified in
paragraph (a) of this section is closed to
all vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his designated on-scene
representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
permission to do so. The Captain of the
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Port Buffalo or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo, or his on-scene
representative.
(4) Additionally, all vessels over 65
feet intending to transit, moor or
conduct operations to include loading
or discharging of cargo or passengers in
the Cuyahoga River while the safety
zone is being enforced should request
permission from the COTP or his/her
designated representative at least 12
hours before the zone is established.
(e) Exemption. Public vessels, as
defined in paragraph (c) of this section,
are exempt from the requirements in
this section.
(f) Waiver. For any vessel, the Captain
of the Port Buffalo or his designated
representative may waive any of the
requirements of this section, upon
finding that operational conditions or
other circumstances are such that
application of this section is
unnecessary or impractical for the
purposes of public or environmental
safety.
Dated: August 7, 2015.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2015–21301 Filed 8–26–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS–CUVA–18292; PPMWCUVAR0,
PPMRSNR1Z.Y00000]
RIN 1024–AE18
Special Regulations; Areas of the
National Park System, Cuyahoga
Valley National Park, Bicycling
National Park Service, Interior.
Final rule.
AGENCY:
ACTION:
The rule authorizes and
allows for the management of bicycle
use on certain new trails within
Cuyahoga Valley National Park. The
National Park Service general regulation
pertaining to bicycles requires
promulgation of a special regulation to
authorize bicycle use on new trails
constructed outside of developed areas.
DATES: The rule is effective September
28, 2015.
FOR FURTHER INFORMATION CONTACT: Lisa
Petit, Chief of Resource Management,
SUMMARY:
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Cuyahoga Valley National Park, (440)
546–5970.
SUPPLEMENTARY INFORMATION:
Background
Legislation and Purposes of Cuyahoga
Valley National Park
On December 27, 1974, President
Gerald Ford signed Pub. L. 93–555
creating Cuyahoga Valley National
Recreation Area for the purpose of
‘‘preserving and protecting for public
use and enjoyment, the historic, scenic,
natural, and recreational values of the
Cuyahoga River and the adjacent lands
of the Cuyahoga Valley and for the
purpose of providing for the
maintenance of needed recreational
open space necessary to the urban
environment.’’ In 2000, Congress
redesignated Cuyahoga Valley National
Recreation Area as Cuyahoga Valley
National Park (CUVA or Park) with the
passage of the Department of the Interior
and Related Agencies Appropriations
Act (Pub. L. 106–291).
CUVA is an important national
resource within a predominantly
metropolitan region, where the Park is
visited by approximately 2,500,000
people annually. Located in Cuyahoga
and Summit Counties, Ohio, and
situated between the cities of Cleveland
and Akron, CUVA includes
approximately 33,000 acres of land,
with 19,000 acres under the
administration of the National Park
Service (NPS). The Park contains
significant resources, including the
Cuyahoga River Valley and its
associated ecological functions, rich
cultural resources and landscapes, and
a variety of recreational and outdoor use
opportunities.
In the 1930’s the Cuyahoga Valley
provided a respite for urban dwellers
from Cleveland and Akron. During this
time period, private estates in the
Cuyahoga Valley had established trails
and carriage roads for their private
recreational enjoyment, including
places like the Old Carriage trail area
and the Wetmore trails. Over the years,
these lands and other park lands were
incorporated into the Cleveland
Metroparks and Summit Metro Parks
that are now part of what is designated
as CUVA. Two significant trail corridors
accelerated the recreational connections
to the Valley: The conversion of an
abandoned railroad bed to the Bike and
Hike Trail in 1970 and the construction
of the Towpath Trail in the late 1980’s
and early 1990’s. Many of the trails from
the earliest days of Cuyahoga Valley as
a recreation destination remain today
for visitors to enjoy and share the
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experience that has remained for over a
century.
The Park’s General Management Plan/
Environmental Impact Statement (GMP)
confirms the purpose, significance, and
special mandates of the Park. According
to the Park’s GMP, one of the significant
purposes of CUVA is to ‘‘[preserve] a
landscape reminiscent of simpler times,
a place where recreation can be a
gradual process of perceiving and
appreciating the roots of our
contemporary existence.’’ The GMP also
provides direction for park management
during land acquisition and provides a
framework for NPS managers to use
when making decisions about how to
conserve the Park’s resources and
manage visitor uses in the Park.
Resource preservation for compatible
recreational use is the overall concept
for management and development of the
Park.
Current Status of Trails and Associated
Facilities
Regional recreational trail networks
have blossomed across Northeastern
Ohio, increasing demands for additional
trail connections, new trail uses, and
expanded recreational opportunities.
Today, the Park contains approximately
175 miles of trails, approximately 97
miles of which are managed by the NPS.
The NPS trail system consists of three
long-distance trails—the Towpath Trail,
Buckeye Trail and Valley Bridle Trail—
and eleven smaller localized trail
systems with separate access points.
The park currently has one limited
community connector through the Old
Carriage Trail connector trail in the
northern portion of the park and has
some portions of the primary roadways
improved for bike use. Metropark
partners provide five additional trail
systems within their units inside CUVA,
and another trail, the Buckeye Trail, is
managed by the Buckeye Trail
Association. Currently, the Park
provides access to all its trails through
25 trailheads and from the four primary
Visitor Contact Centers.
These trails provide for various uses,
including 34 miles for hiking and trail
running only, 22 miles for multipurpose
biking and hiking, 17 miles for crosscountry skiing, and 35 miles for
equestrian riding. Nonetheless, requests
for new trail uses to meet the needs of
growing user groups have become more
frequent in recent years. Technologies
exist today (such as personal mobility
devices) that provide new means to
enjoy trails. Walk-in camping is a
desired amenity that recently was
approved for the first time in the park.
Trail running is increasing in
popularity, and biking has grown into a
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major recreational activity within the
Cuyahoga Valley.
Comprehensive Trail Management Plan
In 1985, the Park’s first Trail
Management Plan was developed as the
primary document to initiate many
trails in the Park. The 1985 Trail Plan
identified 105 miles of existing trails
and proposed and evaluated 115 miles
of new trail. An additional 46 miles of
trails were identified for future
consideration but were not evaluated in
the 1985 Trail Plan. In 2013, CUVA
completed a Comprehensive Trails
Management Plan/Environmental
Impact Statement (TMP/EIS) to guide
the expansion, restoration, management,
operations, and use of the trail system
and its associated amenities over the
next 15 years, while keeping with the
purpose, mission, and significance of
the Park. Some trails proposed in the
1985 Trail Plan but not yet implemented
were considered as part of the TMP/EIS.
The goals of the TMP/EIS were to
develop a trail network that:
• Provides experiences for a variety of
trail users;
• shares the historic, scenic, natural
and recreational significance of the
Park;
• minimizes impacts to the park’s
historic, scenic, natural and recreational
resources;
• can be sustained; and
• engages cooperative partnerships
that contribute to the success of the
Park’s trail network.
The Park conducted internal scoping
with Park staff, regional park district
partners, and the Conservancy for
Cuyahoga Valley National Park and
external scoping, including the mailing
and distribution of four separate
newsletters, nine public meetings, and a
60-day public comment period. As a
result of this process, eight alternatives,
including a ‘‘No Action Alternative,’’ for
the Park’s Trail Management Plan were
developed.
The Record of Decision (ROD), for the
TMP/EIS, signed by the NPS Midwest
Regional Director on August 8, 2013,
identified the Preferred Alternative 5 as
the Selected Alternative for
implementation. Under this Alternative,
approximately 14.5 miles of new bicycle
trails could be constructed in
undeveloped regions of the park and
authorized by special regulations for
bicycle use. The Alternative also
considers approximately eight
additional miles of existing trail or
roadways that could be authorized for
bicycle use in the future. The
construction and authorization of these
trails for bicycle use will be conditional
on funding and subject to the
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development of other facilities or
activities (including evaluation of
resource impacts) conducted prior to
implementation.
Due to the age and conceptual nature
of the 1977 GMP, a 2013 Foundation
Document was developed for the Park
that identifies active recreation and
implementation of the TMP/EIS as an
objective to meets its goals. The TMP/
EIS and ROD may be viewed online at
https://parkplanning.nps.gov/
cuyahogatrailplan.
Construction and Management of the
Bicycle Trails
Many of the proposed bicycle trails
have not yet been built and will not be
immediately open for use. An
Implementation Strategy is under
development to prioritize trail projects
and assemble the additional planning,
funding, staffing, project management,
and monitoring that will be needed to
accomplish them successfully. The
Trails Forever Program, administered by
the Park in partnership with the
Conservancy for Cuyahoga Valley
National Park, will be the overarching
program under which this
implementation strategy will be
realized.
Volunteers for trail work at the Park
will continue to be a vital component of
trail stewardship in the Park.
Management and coordination of
volunteers will continue through the
joint Volunteer Program office of the
Park and the Conservancy for Cuyahoga
Valley National Park. The use of Park
staff and the existing volunteer trail
groups to monitor and mitigate the
environmental impacts of bicycle use on
these trails will ensure that the trails are
maintained in good condition and that
any issues of concern are immediately
brought to the attention of Park
management. In addition, the Park will
continue to update its Sign Plan and
upgrade park and trail signs
accordingly. As trail signs are updated,
trail accessibility information for each
trail will be made available to the
public.
Notice of Proposed Rulemaking
On October 14, 2014 the NPS
published a proposed rule that would
authorize and allow for management of
bicycle use on certain new trails within
CUVA, (79 FR 61587). The proposed
rule was available for a 60-day public
comment period, from October 14, 2014
through December 15, 2014. Comments
were accepted through the mail, by
hand delivery, and through the Federal
eRulemaking Portal: https://
www.regulations.gov.
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Summary of and Responses to Public
Comments
The NPS received 300 public
comments during the comment period.
Responses to the comments mostly
referred to the TMP/EIS completed in
2013. Of these comments, 276 expressed
support for the proposed rule. One
supportive comment was from an
organization, the National Parks
Conservation Association, and the rest
were from individuals. There were three
commenters who had a neutral stance
and 21 comments submitted in
opposition to the proposed rule. There
were no opposing responses from
organizations.
Supporting Comments
The 276 supporting comments
expressed eight central themes:
Engaging More Park Users Including
Youth and Families
The authorization of off-road bicycle
use in CUVA will expand the utilization
of the park by new users, including
youth and families, by providing new
and exciting opportunities to participate
in outdoor recreation activities.
Providing younger members of society
with off-road bicycling opportunities
encourages them to develop a sense of
pride and ownership in the trails they
ride and maintain, creating the next
generation of stewards. It is well
substantiated that there are many
individuals that enjoy this activity in
other parks and on other public lands
outside of the region with only a few
areas available within the region. Recent
years have seen new trails within
Cleveland Metroparks and Summit
Metro Parks and the activity continues
to grow in popularity as evidenced by
an increase in bike sales.
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Healthy Lifestyles/Enjoying Nature
Allowing off-road bicycle use is
important for public health because it
contributes to healthy, active lifestyles
and getting people out into nature. Bike
riding is well established as a significant
form of exercise that contributes to
personal health and well-being. By
providing for greater use of bicycles on
trails more people can benefit from this
form of exercise as well enjoying time
in the out of doors
Tourism & Economic Development
Allowing off-road bicycle use is an
important draw for tourism and a
catalyst for economic development in
and around CUVA and the northeast
Ohio region. CUVA serves increasingly
as a destination for out of town visitors
crossing the country and visiting
national parks. With the addition of off-
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road single track bike trails, the park
and region will be even more inviting as
a destination for extended-stay
excursions. Bike trails are well known
to be a quality of life indicator and an
attraction for young professionals and
others looking to relocate for jobs and
family.
Volunteerism & Stewardship
Off-road bicycle use is
environmentally appropriate and can
contribute to protection of natural and
cultural resources. This has been
demonstrated both outside of our region
and within our area, where many
individuals who are avid off-road
bicyclists frequently volunteer for trail
maintenance and stewardship activities.
The bicycling community provides
extensive education to encourage
volunteerism and environmental
stewardship. This education includes
trail etiquette to facilitate coexistence
among user groups, and to model
appropriate use of the trails systems for
improved safety. Local park districts
within the surrounding communities
have developed a volunteer network of
trail stewards that maintain and patrol
trails and report when conditions are
not favorable for riding and/or when
closing a trail is needed to prevent
damage.
Planning, Sustainability, Safety
The NPS is a trusted source for
protection of natural resources and
included a robust planning process and
Sustainable Trail Design Guidelines in
the preparation of the TMP/EIS. These
activities reinforce the communities’
knowledge and appreciation for
appropriate planning processes, and
provide leadership in the execution of
sustainable trail building practices that
will benefit other public land stewards
in the region. Safety is a primary design
criterion for trail improvements within
the park and is central to considerations
for operational and utilization
decisions.
Increased Access and Trail Linkages
Allowing off-road bicycle use will
make remote parts of CUVA more
accessible to some visitors who want to
experience the full breadth of resources
in the park. Additionally, there will be
opportunities for additional linkages
and looped systems within the existing
trail network.
Community Development &
Partnerships
Bicycle trails in CUVA have been the
center point for partnerships and
community development, such as the
volunteer efforts of the Boy Scouts to
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build the Arrowhead Trail. If permanent
access for bicycle use is allowed, these
relationships will continue to flourish,
building a sense of stewardship among
trail users and park staff.
Resource Protection
The construction of single track offroad bicycle trails will exemplify
sustainable construction practices and
provide an educational opportunity to
the public and volunteers participating
in construction and maintenance. This
exposure will enable users to better
understand the sensitivity of natural
resources and how proper design
practices are necessary for protection
and conservation. Volunteers can
become engaged in the on-going
maintenance and consequently learn
firsthand the proper construction and
maintenance techniques to protect
natural resources. This has been
demonstrated both outside of our region
and within our area where many
individuals who are avid off-road
bicyclists frequently volunteer for trail
maintenance and stewardship activities.
Some commenters supported the new
bicycle rule but also had questions,
asked for clarifications, or proposed
ideas for which the NPS has prepared
responses. These comments are
paraphrased and answered below:
1. Comment: I would propose that a
mountain bike trail be built on Latta
Lane where homes were previously
located. This area is flat and would not
need extensive construction to create a
parking space.
Response: Latta Lane has been
proposed as a designated camping area
in the Park’s Boston Mills Area
Conceptual Development Plan and
Environmental Assessment (2013). No
off-road bicycle trails are planned for
this area.
2. Comment: ‘‘Outside of developed
areas’’ needs to be clarified.
Response: Developed area is defined
at 36 CFR 1.4, and means roads, parking
areas, picnic areas, campgrounds, or
other structures, facilities or lands
located within development and
historic zones depicted on the park area
land management and use map. Trails
in developed areas are typically multiuse trails, with improved surface
pathways that serve several types of
users including bicyclists and hikers.
Off-road bicycle trails are located in
undeveloped areas of a park, designed
with a natural surface and designated
for cross-country non-motorized bicycle
use that can also be utilized for hiking
or running.
3. Comment: I would also love to see
Thru Hiking and Thru Biking such as
the Chesapeake and Ohio Canal NP. I
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would also like to see easier put in and
take out for paddling.
Response: Within the Park, the Ohio
& Erie Canal Towpath Trail and the
Summit Metro Park’s Bike & Hike Trail
currently offer thru biking and hiking
with existing and proposed connections
between the two. The Buckeye Trail
offers thru hiking as well. A water trail
with launch sites has been proposed in
TMP/EIS.
4. Comment: I’m not sure what the
‘‘cross country’’ designation for the High
Meadow Trail means. Does this mean
that it is for foot and bicycle use? Also
for that trail, where are the end points
of the trail? A little more description in
the proposal would be helpful.
Response: In the TMP/EIS, High
Meadow is a proposed 5-kilometers (3.1
miles) loop trail for cross-country skiing
training and competitive purposes,
located west of Blue Hen Falls along
Boston Mills Road. The trail would link
to the Buckeye Trail for hike
connections and is proposed for
conditional use as an off-road bicycle
trail. Conditional use of High Meadow
is subject to evaluation by the Park of
the following activities: Implementation
of the proposed East Rim Trail and its
success to meet the goals and objectives
of the Trail Plan, Cleveland Metroparks’
implementation of off-road bicycle use
on the Buckeye Trail portion owned by
them that may terminate at NPS lands,
and evaluation of the potential impacts
of bicycle use on the NPS portion of the
Buckeye Trail. Because no other
conditional trails are included in this
rule, and because the use of High
Meadow Trail for bicycling is
contingent on other conditional trails
being established, this trail is being
withdrawn from and will not be
authorized for bicycle use in this final
rule.
5. Comment: Can the superintendent
deny bicycle access at any time despite
information included in the EIS, and
that any new trail openings will require
a separate approval? Was the scope of
the EIS only to allow the construction
of the trails, irrespective of the intended
use of the trails? Or is this language to
assure that, in the case of changing/
degrading conditions over time, that
some person has the authority to
suspend use of the trails until solutions
can be implemented?
Response: New trail construction
requires additional compliance or
agency review prior to implementation,
subject to federal and park regulations.
The TMP/EIS developed a blueprint that
will guide the expansion, restoration,
management, operations and use of the
trail system and its associated
amenities, over the next 15 years, in
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keeping with the purpose, mission and
significance of CUVA. As this plan is
implemented, all trails and their uses
will be evaluated and monitored to
ensure resource protection, visitor
safety, and operational sustainability.
The Superintendent of CUVA will have
the authority to close or restrict use of
trails after taking into consideration
public health and safety, resource
protection, and other management
activities and objectives.
6. Comment: I believe there needs to
be stricter regulation of bike trails than
hiker trails. Bikers should stay on these
proposed trails that were designed for
their use.
Response: All trails will be monitored
as per the Sustainable Trail Guidelines
(Appendix C) of the TMP/EIS.
Education, signage and monitoring will
help curb straying from the trail tread.
7. Comment: I would expect and hope
that the Bike and Hike Trail would
connect to this [East Rim] trail at several
points and also the Towpath could also
connect to this at a point or two as well.
Response: Access to the proposed East
Rim Trail is from the Bike & Hike Trail.
There are existing and proposed
connections between the Bike & Hike
Trail and the Ohio & Erie Canal
Towpath Trail as proposed in the TMP/
EIS.
8. Comment: I hope the mountain bike
trails have a variety of difficulty levels—
easy, medium and hard—to satisfy the
different visitors. I also hope that you
offer classes or workshops for the
beginning rider. And I would like to see
the Carriage Trail re-opened soon!
Response: Trails will be built working
with the terrain using the Sustainable
Trail Guidelines and the goal is to have
a variety of difficulty levels. The Park
identifies the restoration of the Old
Carriage Trail bridges for visitor use
within the Trail Plan. The Park
continues to seek funding for the design,
engineering and construction work
required for replacement of three
deteriorated, long-span trail bridges.
Once this construction work is
completed the Old Carriage trail will be
opened for public use.
9. Comment: ‘‘Mountain bikes just
tear up trails’’, but in the late fall and
all spring, the bridle trails can be
completely decimated by horses. There
are portions that are not even suitable
for hiking, let alone running.
Response: The Park will use the
Sustainable Trail Guidelines for all
trails and implement seasonal closures
to protect park resources and to meet
the goals of a sustainable trails system
in the Park. Seasonal closures will
reduce impacts to park resources,
minimize risk of tread widening, reduce
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annual maintenance costs to high-risk
areas and provide an improved visitor
experience during the drier seasons of
the year. Natural resource related
seasonal closures will address three
primary conditions; wet, muddy
conditions, flood events, and wildlife
nesting activities. The Park may identify
additional resource or operational issues
that require seasonal trail closures.
10. Comment: Ten miles of single
track is much too short. Having
volunteered at the park for several years,
I’m curious why there are over twice the
miles of bridle trails to the proposed
single track?
Response: During public scoping of
the TMP/EIS, many of the trail user
groups, particularly the mountain bike
and equestrian trail users, desired
significantly expanded trail miles
within CUVA for their particular use.
Given the current level of use,
limitations of land ownership and
resource conditions, and current,
planned or projected regional trail
systems available to these user groups,
significant expansions were not
included in the selected alternative.
11. Comment: I would also love to see
areas that allowed climbing. There were
so many opportunities in the park for
climbing.
Response: During the public scoping
period of the TMP/EIS, the public was
invited to provide ideas regarding the
future trail system in the Park. Some
proposals like rock climbing were
outside the scope of the TMP/EIS and
were not considered. Rock climbing is
prohibited in CUVA.
12. Comment: If off-road refers to
something with a motor I object. Motors
do NOT belong in a park.
Response: Off-road motorized
vehicles are prohibited by NPS
Management Policies and are not
permitted on current or proposed park
trails.
Neutral Comment
One neutral commenter proposed
ideas for which the NPS has prepared a
response. The comment is paraphrased
and answered below:
Comment: I think the CUVA should
limit single-track bike trails within its
federal boundaries to this east rim. The
plan suggests possible future off road
bicycle development along the High
Meadow/Buckeye trail area of the
CUVA. If the Cleveland Metroparks
decides to put in a bike trail in the more
remote southern section of the
Brecksville Reservation I do not think
the CUVA needs to extend that use
through federal property. My reasons
are as follows: Existing off road trails in
Bedford Reservation and in-process
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trails at Hampton Hills Metro Park now
complement the CUVA’s Eastern Rim
plan and extend off road bike trail
connections at both ends of the park.
Development of off road trails in less
used portions of the park does isolate
them, but the fast pace, rough and
probable heavy use alters the localized
area. The western rim should be kept as
it is—a quieter, more isolated area of the
park, where one can experience this
geologically interesting portion of the
park without off-road biking trails.
Response: In the TMP/EIS, High
Meadow is a proposed 5-kilometers (3.1
miles) loop trail for cross-country skiing
training and competitive purposes,
located west of Blue Hen Falls along
Boston Mills Road. The trail would link
to the Buckeye Trail for hike
connections and is proposed for
conditional use as an off-road bicycle
trail. Conditional use of High Meadow
is subject to evaluation by the Park of
the following activities: Implementation
of the proposed East Rim Trail and its
success to meet the goals and objectives
of the Trail Plan; Cleveland Metroparks’
implementation of off-road bicycle use
on the Buckeye Trail portion owned by
them that may terminate at NPS lands;
and evaluation of the potential impacts
of bicycle use on the NPS portion of the
Buckeye Trail. Because no other
conditional trails are included in this
rule, and the use of High Meadow Trail
for off-road bicycles is contingent on
other conditional trails being
established, this trail location is being
withdrawn from and will not be
authorized for bicycle use in this final
rule.
Opposing Comments
The 24 comments submitted in
opposition to off-road bicycle trails were
focused on five primary areas of
concern: Impacts on natural resources;
User conflicts-safety; User conflictsvisitor experience; NPS operational
burden; and Inconsistency with NPS
mission.
Impacts on Natural Resources
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The most common concern expressed
by commenters in opposition to the
proposed rule was that off-road bicycles
cause serious impacts to natural
resources, including wildlife habitat,
plants, soils, and water quality.
Representative Comments
(1) Trail building destroys wildlife
habitat! It not only destroys the habitat
under and next to the trail, but it
renders a wide swathe of habitat on
either side of the trail useless to the
wildlife, due to the presence of people.
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(2) Each time a pathway is created,
that new opening allows invasive
species into that area, both plant and
animal.
(3) This is not a good idea. The trails
already suffer erosion from heavy use
and allowing mountains bikes will only
worsen the problem.
(4) Constructing new trails removes
vegetation, which fragments habitats,
risks destroying important or rare
species, and can contribute to high soil
erosion, which leads to water
contamination.
Response: The analysis of potential
adverse effects of trail elements in the
selected action is provided in Chapter 4
of the TMP/EIS. Impacts of the proposed
off-road bicycle trails on wildlife and
wildlife habitat, vegetation, soils, and
water quality are expected to be
relatively minor because of the locations
selected, the current ecological
conditions, and the use of Sustainable
Trail Guidelines for planning, design,
construction, management and
monitoring of all trails. Sensitive
habitats including wetlands will be
avoided, and trails will be constructed
using best practices to minimize adverse
impacts such as erosion. As stated in the
Record of Decision for the TMP/EIS, ‘‘as
the NPS implements the actions
associated with the selected action, it
must protect the park’s natural and
cultural resources and not impair the
quality of the visitor experience.
Additionally, bicycle use must be
consistent with the protection of the
park area’s natural, scenic and aesthetic
values, safety considerations and
management objectives, and not disturb
wildlife or park resources. To ensure
that this occurs, a consistent set of
mitigation measures will be applied to
all trail management actions in the park.
The NPS will avoid, minimize, and
mitigate adverse impacts of trail
management actions when practicable.
Compliance monitoring and reporting
will be part of all mitigation measures.
The Sustainable Trail Guidelines
outline monitoring that will be
conducted to detect and arrest resource
damage from trail use. In addition, the
Superintendent will be authorized to
impose closures or restrictions on
bicycle trails after taking into
consideration public health and safety,
resource protection, and other
management activities and objectives.
User Conflicts—Safety
Most comments in opposition to the
proposed rule expressed concern for
safety of hikers sharing trails with offroad bicycles, primarily due to concerns
about speed and inconsiderate/
intimidating behavior of bikers, as well
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as a perception that bikers have little
regard for authority or regulations.
Representative Comments
(1) If you have ever tried to hike
around large, fast-moving pieces of
machinery such as bicycles, you know
that it is scary and no fun!
(2) I avoid areas used by mountain
bikers because, generally speaking, they
are rude by not signaling when
approaching from behind and scare the
‘‘heck’’ out of you. They also speed on
the trails and do not have good control
of their bikes.
(3) I have enough difficulty on the
authorized paved hike and bike trails
trying to bird watch or nature study,
while dodging inconsiderate bikers too
oblivious to issue an approaching
warning.
(4) Much of the scenic opportunity
seems lost on cyclists who are more
concerned with how fast they can get
from point A to point B.
(5) Mountain bikers consider
themselves renegades with justified use
of all public land with impunity.
Response: This rule provides the
Superintendent the authority to manage
off-road bicycling on trails in
undeveloped areas, including the
establishment and enforcement of
closures, restrictions, and conditions to
ensure public safety and protection of
park resources. Public scoping provided
a variety of ideas regarding trail sharing
among different user groups. The Park
utilized data and research available on
a variety of trail systems to evaluate
visitor experience of trail uses, as
outlined in the TMP/EIS. The
information indicated that some trail
uses are more compatible together than
others. The selected alternative provides
opportunities for increased trail sharing
among compatible trail uses such as offroad bicycles and hikers, and limits
sharing between less compatible trail
user groups. The sharing of trails among
compatible user groups will assist the
Park in meeting goals of the TMP/EIS to
minimize the footprint of trails within
the Park to protect resources. The
Sustainable Trail Guidelines outline
methods that will be used to monitor
visitor carrying capacity on trails. In
addition to impacts on natural
resources, numbers of different user
types on trails and incidents of conflict
or accidents will be monitored to
determine methods to eliminate
conflicts and impacts.
User Conflicts—Visitor Experience
Some commenters expressed specific
concerns that off-road bicycles disrupt
the quiet and tranquility of the hiking
experience.
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Representative Comments
(1) Bicyclists inevitably . . . disrupt
the peace and tranquility that comes
with a National Park experience.
(2) Biking in pristine areas takes away
the beauty and quiet of the area.
(3) The serenity and tranquility have
forever been transformed into the BMX
race course.
(4) Please do not allow mountain
bikes in the Cuyahoga Valley Park. It
will ruin the sublime, quiet nature of
the park, at the expense of walkers and
joggers.
Response: The preferred alternative in
the TMP/EIS was the selected action
because it best fulfills the purpose and
need for the plan and provides the
broadest range of visitor experiences
while minimizing impacts to park
resources. Most existing trails and
proposed new trails will be primarily
for hiking and will provide a variety of
experiences, including more remote,
primitive experiences. Where shared
use between off-road bicycles and hikers
is planned, park managers will monitor
visitor carrying capacity and manage
trail use to minimize or eliminate user
conflicts and ensure safety. Further, this
rule will authorize the Superintendent
to impose closures and or establish
conditions or restrictions on bicycle
trails after taking into consideration
public health and safety, resource
protection, and other management
activities and objectives.
NPS Operational Burden
Many commenters expressed
concerns regarding the costs of longterm maintenance of trails. Some
concerns were related to there being
enough or too many trails in the park
already. Comments also included
concerns about prioritization of trail
work, suggesting more emphasis on
improving existing trails before building
new trails. Two commenters specifically
mentioned that the Old Carriage Trail
bridges should be replaced.
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Representative Comments
(1) No money should be spent on
these new trails until the Bridges on the
Old Carriage Trail have been replaced.
(2) You don’t seem to be able to
maintain the trails that you have now.
Much of the buckeye trail through the
park would greatly benefit from
stabilization projects.
(3) I would . . . request that before
proceeding with actual trail
construction CUVA consider adopting a
method, open for public comment, for
determining the priority in which
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proposed trail changes set forth in the
Trail Plan are to be implemented.
(4) I just think that preexisting trails
are sufficient and there is no need to
create more. Sticking to preexisting
trails . . . will not significantly increase
trail maintenance as the creation of new
trails would.
Response: The TMP/EIS is intended
to set a vision for implementation over
the next 15 years. Implementation will
occur as funding becomes available and
projects are prioritized. This Plan will
require the NPS to seek a new approach
for funding than traditional NPS base
and capital budgets. The Conservancy
for Cuyahoga Valley National Park
assists the park trails through
fundraising efforts under the TRAILS
FOREVER Program for trail maintenance
and capital projects. The creation of a
portfolio of funding sources is necessary
to accomplish the recommendations set
forth in the TMP/EIS and will be part of
the Implementation Strategy that is
identified in the TMP/EIS. Prioritization
of trail projects will emphasize
restoration and maintenance of existing
trails as well as seeking funding to
implement new trails. The Park will
continue to work in cooperation with
trail stakeholder groups as appropriate
in the planning and design process for
trails. In addition, the Old Carriage Trail
bridges remain a priority for the Park,
which continues to pursue funding
opportunities to replace the failing
bridges.
want to be characterized that way? What
is the desired experience for visitors
from other states, for locals who walk or
bike casually in the park, for suburban/
urban families who visit on weekends?
How does the CUVA make itself
different from a state park or a
metropark or a national recreation area?
Response: The enabling legislation
that established CUVA states that the
park was created ‘‘To preserve and
protect for public use and enjoyment,
the historic, scenic, natural and
recreational values of the Cuyahoga
River and the adjacent lands of the
Cuyahoga Valley and for the purpose of
providing for the maintenance of
needed recreational open space
necessary to the urban environment.’’
The purpose of the TMP/EIS is to
develop a blueprint that will guide the
expansion, restoration, management,
operations and use of the trail system
and its associated amenities, over the
next 15 years, in keeping with the
purpose, mission and significance of
CUVA. Since its establishment in 1974,
the Park has experienced significant
changes in visitation, programs and
operations. Outdoor recreation trends
have continued to evolve over the past
31 years in how visitors use or would
like to use the Park. The additional
development of trails and trail facilities
will assist in meeting the needs of
current and future visitation to the
Park’s trails.
Inconsistency With NPS Mission
Some commenters expressed concerns
that allowing off-road bicycles outside
of developed areas was inconsistent
with the mission of the NPS and of the
CUVA.
Changes From the Proposed Rule
Representative Comments
(1) Thought the national park systems
were created to preserve the natural
biological systems remaining in this
land, and not provide an outlet for
mechanized thrill seekers. Authorizing
such activities is not in keeping with the
intent of the national park system, and
I urge you to severely limit, or totally
ban any such activities on park lands.
(2) The purpose of the park is to
preserve nature and enjoy it—not to
damage it with deep ruts that create
more erosion and mud, etc.
(3) The primary purpose of the
national park system is to PRESERVE
those remaining bits of wildlife habitat,
so that all future generations will still be
able to experience it. You are failing to
adhere to your mission.
(4) Is the CUVA’s main attraction
really ‘‘trails’’? And should the park
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After consideration of the public
comments, and additional review, the
NPS has determined that one
substantive change is necessary in the
final rule: Removal of the High Meadow
Trail from consideration as an off-road
bicycle trail. This trail is designated as
a cross-country ski trail, with
conditional status as a potential off-road
bicycle trail. Because no other
conditional trails are included in this
rule, and the use of High Meadow Trail
for off-road bicycles is contingent on
other conditional trails being
established, this trail location is being
withdrawn from and will not be
authorized for bicycle use in this final
rule.
The Final Rule
To provide visitors with additional
recreational bicycling opportunities and
in compliance with the provisions of 36
CFR 4.30, this rule will allow the
Superintendent to authorize bicycle use
on all or portions of each of the
following trails:
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Trail name
Approximate length
Surface type
East Rim ....................
10 miles .....................
Natural surface ..........
Off-road, single-track
bicycle.
Old Carriage Connector Trail.
Highland Connector
Trail.
0.35 miles ..................
Crushed gravel ..........
Multi-purpose .............
1.0 miles ....................
Crushed gravel ..........
Multi-purpose .............
After trail construction is completed,
but before a trail is authorized for
bicycle use, the Superintendent will be
required to issue a written
determination that the trail is open for
public use and that bicycle use is
consistent with the TMP/EIS, including
implementation of the park’s
sustainable trail guidelines with
monitoring and mitigation through
adaptive management. This will ensure
that bicycle use remains consistent with
the protection of the park area’s natural,
scenic and aesthetic values, safety
considerations and management
objectives, and will not disturb wildlife
or park resources. No additional NEPA
compliance would be necessary beyond
the TMP/EIS ROD, and the written
determination will be added into the
park’s administrative file for the trail
project. The Superintendent will
provide public notice when trail(s) are
authorized for bicycle use through one
or more of the procedures under 36 CFR
1.7.
The final rule also authorizes the
Superintendent to establish conditions,
impose closures, or restrictions for
bicycle use on authorized trails, after
taking into consideration public health
and safety, resource protection, and
other management activities and
objectives, provided public notice is
given under 36 CFR 1.7.
rmajette on DSK2VPTVN1PROD with RULES
Compliance With Other Laws,
Executive Orders, and Department
Policy
Regulatory Planning and Review
(Executive Orders 12866 and 13563)
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs in the Office of Management and
Budget will review all significant rules.
The Office of Information and
Regulatory Affairs has determined that
this rule is not significant.
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the nation’s
regulatory system to promote
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Usage type
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
achieving regulatory ends. The
executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed
this rule in a manner consistent with
these requirements.
Regulatory Flexibility Act (RFA)
This rule will not have a significant
economic effect on a substantial number
of small entities under the RFA (5
U.S.C. 601 et seq.). This certification is
based on information contained in the
report titled, ‘‘Cost-Benefit and
Regulatory Flexibility Analyses:
Proposed Regulations to Designate
Bicycle Routes in Cuyahoga Valley
National Park’’ that is available for
review at https://parkplanning.nps.gov/
cuyahogatrailplan.
Small Business Regulatory Enforcement
Fairness Act (SBREFA)
This rule is not a major rule under 5
U.S.C. 804(2), the SBREFA. This rule:
a. Does not have an annual effect on
the economy of $100 million or more.
b. Would 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.
The current and anticipated users of
bicycle routes in CUVA are
predominantly individuals engaged in
recreational activities. There are no
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Description
Approximately ten miles of a loop system
trail of varying distances along the east
central portion of the Park, north of Old
Akron-Peninsula Road and south of Brandywine Falls trailhead, near the Krecjic
Restoration Site.
Extension of existing Old Carriage Road
connector to existing Bike and Hike Trail.
New connector from existing Bike and Hike
Trail to existing Towpath Trail on south
side of Highland Road, extending on the
north side of Highland Road from Towpath
to the Vaughn overflow parking area.
businesses in the surrounding area that
would be adversely affected by bicycle
use of these trails. Although the park
does not have any bicycle rental
concessioners, there is a bicycle rental
facility adjacent to the park that
provides bike rentals that are used
within CUVA.
Unfunded Mandates Reform Act
(UMRA)
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. A
statement containing the information
required by the UMRA (2 U.S.C. 1531 et
seq.) is not required.
Takings (Executive Order 12630)
This rule does not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630. A taking implications
assessment is not required because this
rule will not deny any private property
owner of beneficial uses of their land,
nor will it significantly reduce their
land’s value.
Federalism (Executive Order 13132)
Under the criteria in section 1 of
Executive Order 13132, this rule does
not have sufficient federalism
implications to warrant the preparation
of a Federalism summary impact
statement. A Federalism summary
impact statement is not required.
Civil Justice Reform (Executive Order
12988)
This rule complies with the
requirements of Executive Order 12988.
Specifically 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
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(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
(Executive Order 13175 and Department
Policy)
The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
Tribes through a commitment to
consultation with Indian Tribes and
recognition of their right to selfgovernance and tribal sovereignty. We
have evaluated this rule under the
Department’s consultation policy and
under the criteria in Executive Order
13175 and have determined that it has
no substantial direct effects on federally
recognized Indian tribes and that
consultation under the Department’s
tribal consultation policy is not
required. Affiliated Native American
tribes were contacted by letters sent in
June, 2012 and May, 2013 to solicit any
interests or concerns with the proposed
action. No responses were received by
the Park.
Paperwork Reduction Act (PRA)
This rule does not contain
information collection requirements,
and a submission to the Office of
Management and Budget under the PRA
is not required.
National Environmental Policy Act
(NEPA)
We have prepared an environmental
impact statement and have determined
that this rule will not have a significant
effect on the quality of the human
environment under the NEPA of 1969.
The TMP/EIS for the Park and ROD that
included an evaluation of bicycling
within the proposed areas may be
viewed online at https://
parkplanning.nps.gov/
cuyahogatrailplan.
Effects on the Energy Supply (Executive
Order 13211)
This rule is not a significant energy
action under the definition in Executive
Order 13211. A statement of Energy
Effects is not required.
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Drafting Information
The primary authors of this regulation
are Lynn Garrity, and Kim Norley,
Cuyahoga Valley National Park, and C.
Rose Wilkinson and A.J. North, NPS
Regulations Program, Washington, DC.
List of Subjects in 36 CFR Part 7
National Parks, Reporting and
recordkeeping requirements.
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In consideration of the foregoing, the
NPS amends 36 CFR part 7 as set forth
below:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
PART 7—SPECIAL REGULATIONS,
AREAS OF THE NATIONAL PARK
SYSTEM
[EPA–R07–OAR–2015–0269; FRL–9933–04–
Region 7]
2. Amend § 7.17 by revising the
section heading and adding paragraph
(b) to read as follows:
Partial Approval and Disapproval of Air
Quality Implementation Plans;
Nebraska; Revision to the State
Implementation Plan (SIP)
Infrastructure Requirements for the
1997 and 2006 Fine Particulate Matter
National Ambient Air Quality
Standards and the Revocation of the
PM10 Annual Standard and Adoption of
the 24hr PM2.5 Standard
§ 7.17
AGENCY:
1. The authority 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.
■
Cuyahoga Valley National Park.
*
*
*
*
*
(b) Bicycles. (1) The Superintendent
may authorize bicycle use on all or
portions of each of the following trails:
(i) East Rim (approximately 10 miles);
(ii) Old Carriage Connector Trail
(approximately 0.35 miles); and
(iii) Highland Connector Trail
(approximately 1.0 mile).
(2) After trail construction is
complete:
(i) To authorize bicycle use, the
Superintendent must make a written
determination that:
(A) The trail is open for public use;
and
(B) Bicycle use is consistent with the
protection of the park area’s natural,
scenic and aesthetic values, safety
considerations, and management
objectives, and will not disturb wildlife
or park resources.
(ii) The Superintendent will provide
public notice of all such actions through
one or more of the methods listed in
§ 1.7 of this chapter.
(3) The Superintendent may open or
close authorized trails, or portions
thereof, or impose conditions or
restrictions for bicycle use after taking
into consideration public health and
safety, natural and cultural resource
protection, and other management
activities and objectives.
(i) The Superintendent will provide
public notice of all such actions through
one or more of the methods listed in
§ 1.7 of this chapter.
(ii) Violating a closure, condition, or
restriction is prohibited.
Dated: July 31, 2015.
Michael Bean,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2015–21198 Filed 8–26–15; 8:45 am]
BILLING CODE 4310–EJ–P
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Environmental Protection
Agency.
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is taking final action to
partially approve and disapprove
elements of a State Implementation Plan
(SIP) submission from the State of
Nebraska addressing the applicable
requirements of Clean Air Act (CAA)
section 110 for the 1997 and 2006
National Ambient Air Quality Standards
(NAAQS) for fine particulate matter
(PM2.5), which requires that each state
adopt and submit a SIP to support
implementation, maintenance, and
enforcement of each new or revised
NAAQS promulgated by EPA. These
SIPs are commonly referred to as
‘‘infrastructure’’ SIPs. The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA.
Additionally, EPA is taking final action
approving the revocation of the coarse
particulate matter (PM10) annual
standard and adoption of the 24hr PM2.5
standard.
DATES: This final rule is effective
September 28, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2015–0269. All
documents in the electronic docket are
listed in the https://www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically at https://
www.regulations.gov or at U.S.
Environmental Protection Agency,
Region 7, 11201 Renner Boulevard,
Lenexa, Kansas 66219 from 8:00 a.m. to
SUMMARY:
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Agencies
[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Rules and Regulations]
[Pages 51945-51952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21198]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-CUVA-18292; PPMWCUVAR0, PPMRSNR1Z.Y00000]
RIN 1024-AE18
Special Regulations; Areas of the National Park System, Cuyahoga
Valley National Park, Bicycling
AGENCY: National Park Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The rule authorizes and allows for the management of bicycle
use on certain new trails within Cuyahoga Valley National Park. The
National Park Service general regulation pertaining to bicycles
requires promulgation of a special regulation to authorize bicycle use
on new trails constructed outside of developed areas.
DATES: The rule is effective September 28, 2015.
FOR FURTHER INFORMATION CONTACT: Lisa Petit, Chief of Resource
Management, Cuyahoga Valley National Park, (440) 546-5970.
SUPPLEMENTARY INFORMATION:
Background
Legislation and Purposes of Cuyahoga Valley National Park
On December 27, 1974, President Gerald Ford signed Pub. L. 93-555
creating Cuyahoga Valley National Recreation Area for the purpose of
``preserving and protecting for public use and enjoyment, the historic,
scenic, natural, and recreational values of the Cuyahoga River and the
adjacent lands of the Cuyahoga Valley and for the purpose of providing
for the maintenance of needed recreational open space necessary to the
urban environment.'' In 2000, Congress redesignated Cuyahoga Valley
National Recreation Area as Cuyahoga Valley National Park (CUVA or
Park) with the passage of the Department of the Interior and Related
Agencies Appropriations Act (Pub. L. 106-291).
CUVA is an important national resource within a predominantly
metropolitan region, where the Park is visited by approximately
2,500,000 people annually. Located in Cuyahoga and Summit Counties,
Ohio, and situated between the cities of Cleveland and Akron, CUVA
includes approximately 33,000 acres of land, with 19,000 acres under
the administration of the National Park Service (NPS). The Park
contains significant resources, including the Cuyahoga River Valley and
its associated ecological functions, rich cultural resources and
landscapes, and a variety of recreational and outdoor use
opportunities.
In the 1930's the Cuyahoga Valley provided a respite for urban
dwellers from Cleveland and Akron. During this time period, private
estates in the Cuyahoga Valley had established trails and carriage
roads for their private recreational enjoyment, including places like
the Old Carriage trail area and the Wetmore trails. Over the years,
these lands and other park lands were incorporated into the Cleveland
Metroparks and Summit Metro Parks that are now part of what is
designated as CUVA. Two significant trail corridors accelerated the
recreational connections to the Valley: The conversion of an abandoned
railroad bed to the Bike and Hike Trail in 1970 and the construction of
the Towpath Trail in the late 1980's and early 1990's. Many of the
trails from the earliest days of Cuyahoga Valley as a recreation
destination remain today for visitors to enjoy and share the
[[Page 51946]]
experience that has remained for over a century.
The Park's General Management Plan/Environmental Impact Statement
(GMP) confirms the purpose, significance, and special mandates of the
Park. According to the Park's GMP, one of the significant purposes of
CUVA is to ``[preserve] a landscape reminiscent of simpler times, a
place where recreation can be a gradual process of perceiving and
appreciating the roots of our contemporary existence.'' The GMP also
provides direction for park management during land acquisition and
provides a framework for NPS managers to use when making decisions
about how to conserve the Park's resources and manage visitor uses in
the Park. Resource preservation for compatible recreational use is the
overall concept for management and development of the Park.
Current Status of Trails and Associated Facilities
Regional recreational trail networks have blossomed across
Northeastern Ohio, increasing demands for additional trail connections,
new trail uses, and expanded recreational opportunities. Today, the
Park contains approximately 175 miles of trails, approximately 97 miles
of which are managed by the NPS. The NPS trail system consists of three
long-distance trails--the Towpath Trail, Buckeye Trail and Valley
Bridle Trail--and eleven smaller localized trail systems with separate
access points. The park currently has one limited community connector
through the Old Carriage Trail connector trail in the northern portion
of the park and has some portions of the primary roadways improved for
bike use. Metropark partners provide five additional trail systems
within their units inside CUVA, and another trail, the Buckeye Trail,
is managed by the Buckeye Trail Association. Currently, the Park
provides access to all its trails through 25 trailheads and from the
four primary Visitor Contact Centers.
These trails provide for various uses, including 34 miles for
hiking and trail running only, 22 miles for multipurpose biking and
hiking, 17 miles for cross-country skiing, and 35 miles for equestrian
riding. Nonetheless, requests for new trail uses to meet the needs of
growing user groups have become more frequent in recent years.
Technologies exist today (such as personal mobility devices) that
provide new means to enjoy trails. Walk[hyphen]in camping is a desired
amenity that recently was approved for the first time in the park.
Trail running is increasing in popularity, and biking has grown into a
major recreational activity within the Cuyahoga Valley.
Comprehensive Trail Management Plan
In 1985, the Park's first Trail Management Plan was developed as
the primary document to initiate many trails in the Park. The 1985
Trail Plan identified 105 miles of existing trails and proposed and
evaluated 115 miles of new trail. An additional 46 miles of trails were
identified for future consideration but were not evaluated in the 1985
Trail Plan. In 2013, CUVA completed a Comprehensive Trails Management
Plan/Environmental Impact Statement (TMP/EIS) to guide the expansion,
restoration, management, operations, and use of the trail system and
its associated amenities over the next 15 years, while keeping with the
purpose, mission, and significance of the Park. Some trails proposed in
the 1985 Trail Plan but not yet implemented were considered as part of
the TMP/EIS.
The goals of the TMP/EIS were to develop a trail network that:
Provides experiences for a variety of trail users;
shares the historic, scenic, natural and recreational
significance of the Park;
minimizes impacts to the park's historic, scenic, natural
and recreational resources;
can be sustained; and
engages cooperative partnerships that contribute to the
success of the Park's trail network.
The Park conducted internal scoping with Park staff, regional park
district partners, and the Conservancy for Cuyahoga Valley National
Park and external scoping, including the mailing and distribution of
four separate newsletters, nine public meetings, and a 60-day public
comment period. As a result of this process, eight alternatives,
including a ``No Action Alternative,'' for the Park's Trail Management
Plan were developed.
The Record of Decision (ROD), for the TMP/EIS, signed by the NPS
Midwest Regional Director on August 8, 2013, identified the Preferred
Alternative 5 as the Selected Alternative for implementation. Under
this Alternative, approximately 14.5 miles of new bicycle trails could
be constructed in undeveloped regions of the park and authorized by
special regulations for bicycle use. The Alternative also considers
approximately eight additional miles of existing trail or roadways that
could be authorized for bicycle use in the future. The construction and
authorization of these trails for bicycle use will be conditional on
funding and subject to the development of other facilities or
activities (including evaluation of resource impacts) conducted prior
to implementation.
Due to the age and conceptual nature of the 1977 GMP, a 2013
Foundation Document was developed for the Park that identifies active
recreation and implementation of the TMP/EIS as an objective to meets
its goals. The TMP/EIS and ROD may be viewed online at https://parkplanning.nps.gov/cuyahogatrailplan.
Construction and Management of the Bicycle Trails
Many of the proposed bicycle trails have not yet been built and
will not be immediately open for use. An Implementation Strategy is
under development to prioritize trail projects and assemble the
additional planning, funding, staffing, project management, and
monitoring that will be needed to accomplish them successfully. The
Trails Forever Program, administered by the Park in partnership with
the Conservancy for Cuyahoga Valley National Park, will be the
overarching program under which this implementation strategy will be
realized.
Volunteers for trail work at the Park will continue to be a vital
component of trail stewardship in the Park. Management and coordination
of volunteers will continue through the joint Volunteer Program office
of the Park and the Conservancy for Cuyahoga Valley National Park. The
use of Park staff and the existing volunteer trail groups to monitor
and mitigate the environmental impacts of bicycle use on these trails
will ensure that the trails are maintained in good condition and that
any issues of concern are immediately brought to the attention of Park
management. In addition, the Park will continue to update its Sign Plan
and upgrade park and trail signs accordingly. As trail signs are
updated, trail accessibility information for each trail will be made
available to the public.
Notice of Proposed Rulemaking
On October 14, 2014 the NPS published a proposed rule that would
authorize and allow for management of bicycle use on certain new trails
within CUVA, (79 FR 61587). The proposed rule was available for a 60-
day public comment period, from October 14, 2014 through December 15,
2014. Comments were accepted through the mail, by hand delivery, and
through the Federal eRulemaking Portal: https://www.regulations.gov.
[[Page 51947]]
Summary of and Responses to Public Comments
The NPS received 300 public comments during the comment period.
Responses to the comments mostly referred to the TMP/EIS completed in
2013. Of these comments, 276 expressed support for the proposed rule.
One supportive comment was from an organization, the National Parks
Conservation Association, and the rest were from individuals. There
were three commenters who had a neutral stance and 21 comments
submitted in opposition to the proposed rule. There were no opposing
responses from organizations.
Supporting Comments
The 276 supporting comments expressed eight central themes:
Engaging More Park Users Including Youth and Families
The authorization of off-road bicycle use in CUVA will expand the
utilization of the park by new users, including youth and families, by
providing new and exciting opportunities to participate in outdoor
recreation activities. Providing younger members of society with off-
road bicycling opportunities encourages them to develop a sense of
pride and ownership in the trails they ride and maintain, creating the
next generation of stewards. It is well substantiated that there are
many individuals that enjoy this activity in other parks and on other
public lands outside of the region with only a few areas available
within the region. Recent years have seen new trails within Cleveland
Metroparks and Summit Metro Parks and the activity continues to grow in
popularity as evidenced by an increase in bike sales.
Healthy Lifestyles/Enjoying Nature
Allowing off-road bicycle use is important for public health
because it contributes to healthy, active lifestyles and getting people
out into nature. Bike riding is well established as a significant form
of exercise that contributes to personal health and well-being. By
providing for greater use of bicycles on trails more people can benefit
from this form of exercise as well enjoying time in the out of doors
Tourism & Economic Development
Allowing off-road bicycle use is an important draw for tourism and
a catalyst for economic development in and around CUVA and the
northeast Ohio region. CUVA serves increasingly as a destination for
out of town visitors crossing the country and visiting national parks.
With the addition of off-road single track bike trails, the park and
region will be even more inviting as a destination for extended-stay
excursions. Bike trails are well known to be a quality of life
indicator and an attraction for young professionals and others looking
to relocate for jobs and family.
Volunteerism & Stewardship
Off-road bicycle use is environmentally appropriate and can
contribute to protection of natural and cultural resources. This has
been demonstrated both outside of our region and within our area, where
many individuals who are avid off-road bicyclists frequently volunteer
for trail maintenance and stewardship activities. The bicycling
community provides extensive education to encourage volunteerism and
environmental stewardship. This education includes trail etiquette to
facilitate coexistence among user groups, and to model appropriate use
of the trails systems for improved safety. Local park districts within
the surrounding communities have developed a volunteer network of trail
stewards that maintain and patrol trails and report when conditions are
not favorable for riding and/or when closing a trail is needed to
prevent damage.
Planning, Sustainability, Safety
The NPS is a trusted source for protection of natural resources and
included a robust planning process and Sustainable Trail Design
Guidelines in the preparation of the TMP/EIS. These activities
reinforce the communities' knowledge and appreciation for appropriate
planning processes, and provide leadership in the execution of
sustainable trail building practices that will benefit other public
land stewards in the region. Safety is a primary design criterion for
trail improvements within the park and is central to considerations for
operational and utilization decisions.
Increased Access and Trail Linkages
Allowing off-road bicycle use will make remote parts of CUVA more
accessible to some visitors who want to experience the full breadth of
resources in the park. Additionally, there will be opportunities for
additional linkages and looped systems within the existing trail
network.
Community Development & Partnerships
Bicycle trails in CUVA have been the center point for partnerships
and community development, such as the volunteer efforts of the Boy
Scouts to build the Arrowhead Trail. If permanent access for bicycle
use is allowed, these relationships will continue to flourish, building
a sense of stewardship among trail users and park staff.
Resource Protection
The construction of single track off-road bicycle trails will
exemplify sustainable construction practices and provide an educational
opportunity to the public and volunteers participating in construction
and maintenance. This exposure will enable users to better understand
the sensitivity of natural resources and how proper design practices
are necessary for protection and conservation. Volunteers can become
engaged in the on-going maintenance and consequently learn firsthand
the proper construction and maintenance techniques to protect natural
resources. This has been demonstrated both outside of our region and
within our area where many individuals who are avid off-road bicyclists
frequently volunteer for trail maintenance and stewardship activities.
Some commenters supported the new bicycle rule but also had
questions, asked for clarifications, or proposed ideas for which the
NPS has prepared responses. These comments are paraphrased and answered
below:
1. Comment: I would propose that a mountain bike trail be built on
Latta Lane where homes were previously located. This area is flat and
would not need extensive construction to create a parking space.
Response: Latta Lane has been proposed as a designated camping area
in the Park's Boston Mills Area Conceptual Development Plan and
Environmental Assessment (2013). No off-road bicycle trails are planned
for this area.
2. Comment: ``Outside of developed areas'' needs to be clarified.
Response: Developed area is defined at 36 CFR 1.4, and means roads,
parking areas, picnic areas, campgrounds, or other structures,
facilities or lands located within development and historic zones
depicted on the park area land management and use map. Trails in
developed areas are typically multi-use trails, with improved surface
pathways that serve several types of users including bicyclists and
hikers. Off-road bicycle trails are located in undeveloped areas of a
park, designed with a natural surface and designated for cross-country
non-motorized bicycle use that can also be utilized for hiking or
running.
3. Comment: I would also love to see Thru Hiking and Thru Biking
such as the Chesapeake and Ohio Canal NP. I
[[Page 51948]]
would also like to see easier put in and take out for paddling.
Response: Within the Park, the Ohio & Erie Canal Towpath Trail and
the Summit Metro Park's Bike & Hike Trail currently offer thru biking
and hiking with existing and proposed connections between the two. The
Buckeye Trail offers thru hiking as well. A water trail with launch
sites has been proposed in TMP/EIS.
4. Comment: I'm not sure what the ``cross country'' designation for
the High Meadow Trail means. Does this mean that it is for foot and
bicycle use? Also for that trail, where are the end points of the
trail? A little more description in the proposal would be helpful.
Response: In the TMP/EIS, High Meadow is a proposed 5-kilometers
(3.1 miles) loop trail for cross-country skiing training and
competitive purposes, located west of Blue Hen Falls along Boston Mills
Road. The trail would link to the Buckeye Trail for hike connections
and is proposed for conditional use as an off-road bicycle trail.
Conditional use of High Meadow is subject to evaluation by the Park of
the following activities: Implementation of the proposed East Rim Trail
and its success to meet the goals and objectives of the Trail Plan,
Cleveland Metroparks' implementation of off-road bicycle use on the
Buckeye Trail portion owned by them that may terminate at NPS lands,
and evaluation of the potential impacts of bicycle use on the NPS
portion of the Buckeye Trail. Because no other conditional trails are
included in this rule, and because the use of High Meadow Trail for
bicycling is contingent on other conditional trails being established,
this trail is being withdrawn from and will not be authorized for
bicycle use in this final rule.
5. Comment: Can the superintendent deny bicycle access at any time
despite information included in the EIS, and that any new trail
openings will require a separate approval? Was the scope of the EIS
only to allow the construction of the trails, irrespective of the
intended use of the trails? Or is this language to assure that, in the
case of changing/degrading conditions over time, that some person has
the authority to suspend use of the trails until solutions can be
implemented?
Response: New trail construction requires additional compliance or
agency review prior to implementation, subject to federal and park
regulations. The TMP/EIS developed a blueprint that will guide the
expansion, restoration, management, operations and use of the trail
system and its associated amenities, over the next 15 years, in keeping
with the purpose, mission and significance of CUVA. As this plan is
implemented, all trails and their uses will be evaluated and monitored
to ensure resource protection, visitor safety, and operational
sustainability. The Superintendent of CUVA will have the authority to
close or restrict use of trails after taking into consideration public
health and safety, resource protection, and other management activities
and objectives.
6. Comment: I believe there needs to be stricter regulation of bike
trails than hiker trails. Bikers should stay on these proposed trails
that were designed for their use.
Response: All trails will be monitored as per the Sustainable Trail
Guidelines (Appendix C) of the TMP/EIS. Education, signage and
monitoring will help curb straying from the trail tread.
7. Comment: I would expect and hope that the Bike and Hike Trail
would connect to this [East Rim] trail at several points and also the
Towpath could also connect to this at a point or two as well.
Response: Access to the proposed East Rim Trail is from the Bike &
Hike Trail. There are existing and proposed connections between the
Bike & Hike Trail and the Ohio & Erie Canal Towpath Trail as proposed
in the TMP/EIS.
8. Comment: I hope the mountain bike trails have a variety of
difficulty levels--easy, medium and hard--to satisfy the different
visitors. I also hope that you offer classes or workshops for the
beginning rider. And I would like to see the Carriage Trail re-opened
soon!
Response: Trails will be built working with the terrain using the
Sustainable Trail Guidelines and the goal is to have a variety of
difficulty levels. The Park identifies the restoration of the Old
Carriage Trail bridges for visitor use within the Trail Plan. The Park
continues to seek funding for the design, engineering and construction
work required for replacement of three deteriorated, long-span trail
bridges. Once this construction work is completed the Old Carriage
trail will be opened for public use.
9. Comment: ``Mountain bikes just tear up trails'', but in the late
fall and all spring, the bridle trails can be completely decimated by
horses. There are portions that are not even suitable for hiking, let
alone running.
Response: The Park will use the Sustainable Trail Guidelines for
all trails and implement seasonal closures to protect park resources
and to meet the goals of a sustainable trails system in the Park.
Seasonal closures will reduce impacts to park resources, minimize risk
of tread widening, reduce annual maintenance costs to high-risk areas
and provide an improved visitor experience during the drier seasons of
the year. Natural resource related seasonal closures will address three
primary conditions; wet, muddy conditions, flood events, and wildlife
nesting activities. The Park may identify additional resource or
operational issues that require seasonal trail closures.
10. Comment: Ten miles of single track is much too short. Having
volunteered at the park for several years, I'm curious why there are
over twice the miles of bridle trails to the proposed single track?
Response: During public scoping of the TMP/EIS, many of the trail
user groups, particularly the mountain bike and equestrian trail users,
desired significantly expanded trail miles within CUVA for their
particular use. Given the current level of use, limitations of land
ownership and resource conditions, and current, planned or projected
regional trail systems available to these user groups, significant
expansions were not included in the selected alternative.
11. Comment: I would also love to see areas that allowed climbing.
There were so many opportunities in the park for climbing.
Response: During the public scoping period of the TMP/EIS, the
public was invited to provide ideas regarding the future trail system
in the Park. Some proposals like rock climbing were outside the scope
of the TMP/EIS and were not considered. Rock climbing is prohibited in
CUVA.
12. Comment: If off-road refers to something with a motor I object.
Motors do NOT belong in a park.
Response: Off-road motorized vehicles are prohibited by NPS
Management Policies and are not permitted on current or proposed park
trails.
Neutral Comment
One neutral commenter proposed ideas for which the NPS has prepared
a response. The comment is paraphrased and answered below:
Comment: I think the CUVA should limit single-track bike trails
within its federal boundaries to this east rim. The plan suggests
possible future off road bicycle development along the High Meadow/
Buckeye trail area of the CUVA. If the Cleveland Metroparks decides to
put in a bike trail in the more remote southern section of the
Brecksville Reservation I do not think the CUVA needs to extend that
use through federal property. My reasons are as follows: Existing off
road trails in Bedford Reservation and in-process
[[Page 51949]]
trails at Hampton Hills Metro Park now complement the CUVA's Eastern
Rim plan and extend off road bike trail connections at both ends of the
park. Development of off road trails in less used portions of the park
does isolate them, but the fast pace, rough and probable heavy use
alters the localized area. The western rim should be kept as it is--a
quieter, more isolated area of the park, where one can experience this
geologically interesting portion of the park without off-road biking
trails.
Response: In the TMP/EIS, High Meadow is a proposed 5-kilometers
(3.1 miles) loop trail for cross-country skiing training and
competitive purposes, located west of Blue Hen Falls along Boston Mills
Road. The trail would link to the Buckeye Trail for hike connections
and is proposed for conditional use as an off-road bicycle trail.
Conditional use of High Meadow is subject to evaluation by the Park of
the following activities: Implementation of the proposed East Rim Trail
and its success to meet the goals and objectives of the Trail Plan;
Cleveland Metroparks' implementation of off-road bicycle use on the
Buckeye Trail portion owned by them that may terminate at NPS lands;
and evaluation of the potential impacts of bicycle use on the NPS
portion of the Buckeye Trail. Because no other conditional trails are
included in this rule, and the use of High Meadow Trail for off-road
bicycles is contingent on other conditional trails being established,
this trail location is being withdrawn from and will not be authorized
for bicycle use in this final rule.
Opposing Comments
The 24 comments submitted in opposition to off-road bicycle trails
were focused on five primary areas of concern: Impacts on natural
resources; User conflicts-safety; User conflicts-visitor experience;
NPS operational burden; and Inconsistency with NPS mission.
Impacts on Natural Resources
The most common concern expressed by commenters in opposition to
the proposed rule was that off-road bicycles cause serious impacts to
natural resources, including wildlife habitat, plants, soils, and water
quality.
Representative Comments
(1) Trail building destroys wildlife habitat! It not only destroys
the habitat under and next to the trail, but it renders a wide swathe
of habitat on either side of the trail useless to the wildlife, due to
the presence of people.
(2) Each time a pathway is created, that new opening allows
invasive species into that area, both plant and animal.
(3) This is not a good idea. The trails already suffer erosion from
heavy use and allowing mountains bikes will only worsen the problem.
(4) Constructing new trails removes vegetation, which fragments
habitats, risks destroying important or rare species, and can
contribute to high soil erosion, which leads to water contamination.
Response: The analysis of potential adverse effects of trail
elements in the selected action is provided in Chapter 4 of the TMP/
EIS. Impacts of the proposed off-road bicycle trails on wildlife and
wildlife habitat, vegetation, soils, and water quality are expected to
be relatively minor because of the locations selected, the current
ecological conditions, and the use of Sustainable Trail Guidelines for
planning, design, construction, management and monitoring of all
trails. Sensitive habitats including wetlands will be avoided, and
trails will be constructed using best practices to minimize adverse
impacts such as erosion. As stated in the Record of Decision for the
TMP/EIS, ``as the NPS implements the actions associated with the
selected action, it must protect the park's natural and cultural
resources and not impair the quality of the visitor experience.
Additionally, bicycle use must be consistent with the protection of the
park area's natural, scenic and aesthetic values, safety considerations
and management objectives, and not disturb wildlife or park resources.
To ensure that this occurs, a consistent set of mitigation measures
will be applied to all trail management actions in the park. The NPS
will avoid, minimize, and mitigate adverse impacts of trail management
actions when practicable. Compliance monitoring and reporting will be
part of all mitigation measures. The Sustainable Trail Guidelines
outline monitoring that will be conducted to detect and arrest resource
damage from trail use. In addition, the Superintendent will be
authorized to impose closures or restrictions on bicycle trails after
taking into consideration public health and safety, resource
protection, and other management activities and objectives.
User Conflicts--Safety
Most comments in opposition to the proposed rule expressed concern
for safety of hikers sharing trails with off-road bicycles, primarily
due to concerns about speed and inconsiderate/intimidating behavior of
bikers, as well as a perception that bikers have little regard for
authority or regulations.
Representative Comments
(1) If you have ever tried to hike around large, fast-moving pieces
of machinery such as bicycles, you know that it is scary and no fun!
(2) I avoid areas used by mountain bikers because, generally
speaking, they are rude by not signaling when approaching from behind
and scare the ``heck'' out of you. They also speed on the trails and do
not have good control of their bikes.
(3) I have enough difficulty on the authorized paved hike and bike
trails trying to bird watch or nature study, while dodging
inconsiderate bikers too oblivious to issue an approaching warning.
(4) Much of the scenic opportunity seems lost on cyclists who are
more concerned with how fast they can get from point A to point B.
(5) Mountain bikers consider themselves renegades with justified
use of all public land with impunity.
Response: This rule provides the Superintendent the authority to
manage off-road bicycling on trails in undeveloped areas, including the
establishment and enforcement of closures, restrictions, and conditions
to ensure public safety and protection of park resources. Public
scoping provided a variety of ideas regarding trail sharing among
different user groups. The Park utilized data and research available on
a variety of trail systems to evaluate visitor experience of trail
uses, as outlined in the TMP/EIS. The information indicated that some
trail uses are more compatible together than others. The selected
alternative provides opportunities for increased trail sharing among
compatible trail uses such as off-road bicycles and hikers, and limits
sharing between less compatible trail user groups. The sharing of
trails among compatible user groups will assist the Park in meeting
goals of the TMP/EIS to minimize the footprint of trails within the
Park to protect resources. The Sustainable Trail Guidelines outline
methods that will be used to monitor visitor carrying capacity on
trails. In addition to impacts on natural resources, numbers of
different user types on trails and incidents of conflict or accidents
will be monitored to determine methods to eliminate conflicts and
impacts.
User Conflicts--Visitor Experience
Some commenters expressed specific concerns that off-road bicycles
disrupt the quiet and tranquility of the hiking experience.
[[Page 51950]]
Representative Comments
(1) Bicyclists inevitably . . . disrupt the peace and tranquility
that comes with a National Park experience.
(2) Biking in pristine areas takes away the beauty and quiet of the
area.
(3) The serenity and tranquility have forever been transformed into
the BMX race course.
(4) Please do not allow mountain bikes in the Cuyahoga Valley Park.
It will ruin the sublime, quiet nature of the park, at the expense of
walkers and joggers.
Response: The preferred alternative in the TMP/EIS was the selected
action because it best fulfills the purpose and need for the plan and
provides the broadest range of visitor experiences while minimizing
impacts to park resources. Most existing trails and proposed new trails
will be primarily for hiking and will provide a variety of experiences,
including more remote, primitive experiences. Where shared use between
off-road bicycles and hikers is planned, park managers will monitor
visitor carrying capacity and manage trail use to minimize or eliminate
user conflicts and ensure safety. Further, this rule will authorize the
Superintendent to impose closures and or establish conditions or
restrictions on bicycle trails after taking into consideration public
health and safety, resource protection, and other management activities
and objectives.
NPS Operational Burden
Many commenters expressed concerns regarding the costs of long-term
maintenance of trails. Some concerns were related to there being enough
or too many trails in the park already. Comments also included concerns
about prioritization of trail work, suggesting more emphasis on
improving existing trails before building new trails. Two commenters
specifically mentioned that the Old Carriage Trail bridges should be
replaced.
Representative Comments
(1) No money should be spent on these new trails until the Bridges
on the Old Carriage Trail have been replaced.
(2) You don't seem to be able to maintain the trails that you have
now. Much of the buckeye trail through the park would greatly benefit
from stabilization projects.
(3) I would . . . request that before proceeding with actual trail
construction CUVA consider adopting a method, open for public comment,
for determining the priority in which proposed trail changes set forth
in the Trail Plan are to be implemented.
(4) I just think that preexisting trails are sufficient and there
is no need to create more. Sticking to preexisting trails . . . will
not significantly increase trail maintenance as the creation of new
trails would.
Response: The TMP/EIS is intended to set a vision for
implementation over the next 15 years. Implementation will occur as
funding becomes available and projects are prioritized. This Plan will
require the NPS to seek a new approach for funding than traditional NPS
base and capital budgets. The Conservancy for Cuyahoga Valley National
Park assists the park trails through fundraising efforts under the
TRAILS FOREVER Program for trail maintenance and capital projects. The
creation of a portfolio of funding sources is necessary to accomplish
the recommendations set forth in the TMP/EIS and will be part of the
Implementation Strategy that is identified in the TMP/EIS.
Prioritization of trail projects will emphasize restoration and
maintenance of existing trails as well as seeking funding to implement
new trails. The Park will continue to work in cooperation with trail
stakeholder groups as appropriate in the planning and design process
for trails. In addition, the Old Carriage Trail bridges remain a
priority for the Park, which continues to pursue funding opportunities
to replace the failing bridges.
Inconsistency With NPS Mission
Some commenters expressed concerns that allowing off-road bicycles
outside of developed areas was inconsistent with the mission of the NPS
and of the CUVA.
Representative Comments
(1) Thought the national park systems were created to preserve the
natural biological systems remaining in this land, and not provide an
outlet for mechanized thrill seekers. Authorizing such activities is
not in keeping with the intent of the national park system, and I urge
you to severely limit, or totally ban any such activities on park
lands.
(2) The purpose of the park is to preserve nature and enjoy it--not
to damage it with deep ruts that create more erosion and mud, etc.
(3) The primary purpose of the national park system is to PRESERVE
those remaining bits of wildlife habitat, so that all future
generations will still be able to experience it. You are failing to
adhere to your mission.
(4) Is the CUVA's main attraction really ``trails''? And should the
park want to be characterized that way? What is the desired experience
for visitors from other states, for locals who walk or bike casually in
the park, for suburban/urban families who visit on weekends? How does
the CUVA make itself different from a state park or a metropark or a
national recreation area?
Response: The enabling legislation that established CUVA states
that the park was created ``To preserve and protect for public use and
enjoyment, the historic, scenic, natural and recreational values of the
Cuyahoga River and the adjacent lands of the Cuyahoga Valley and for
the purpose of providing for the maintenance of needed recreational
open space necessary to the urban environment.'' The purpose of the
TMP/EIS is to develop a blueprint that will guide the expansion,
restoration, management, operations and use of the trail system and its
associated amenities, over the next 15 years, in keeping with the
purpose, mission and significance of CUVA. Since its establishment in
1974, the Park has experienced significant changes in visitation,
programs and operations. Outdoor recreation trends have continued to
evolve over the past 31 years in how visitors use or would like to use
the Park. The additional development of trails and trail facilities
will assist in meeting the needs of current and future visitation to
the Park's trails.
Changes From the Proposed Rule
After consideration of the public comments, and additional review,
the NPS has determined that one substantive change is necessary in the
final rule: Removal of the High Meadow Trail from consideration as an
off-road bicycle trail. This trail is designated as a cross-country ski
trail, with conditional status as a potential off-road bicycle trail.
Because no other conditional trails are included in this rule, and the
use of High Meadow Trail for off-road bicycles is contingent on other
conditional trails being established, this trail location is being
withdrawn from and will not be authorized for bicycle use in this final
rule.
The Final Rule
To provide visitors with additional recreational bicycling
opportunities and in compliance with the provisions of 36 CFR 4.30,
this rule will allow the Superintendent to authorize bicycle use on all
or portions of each of the following trails:
[[Page 51951]]
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Approximate
Trail name length Surface type Usage type Description
----------------------------------------------------------------------------------------------------------------
East Rim....................... 10 miles......... Natural surface.. Off-road, single- Approximately ten
track bicycle. miles of a loop
system trail of
varying distances
along the east
central portion of
the Park, north of
Old Akron-Peninsula
Road and south of
Brandywine Falls
trailhead, near the
Krecjic Restoration
Site.
Old Carriage Connector Trail... 0.35 miles....... Crushed gravel... Multi-purpose.... Extension of existing
Old Carriage Road
connector to existing
Bike and Hike Trail.
Highland Connector Trail....... 1.0 miles........ Crushed gravel... Multi-purpose.... New connector from
existing Bike and
Hike Trail to
existing Towpath
Trail on south side
of Highland Road,
extending on the
north side of
Highland Road from
Towpath to the Vaughn
overflow parking
area.
----------------------------------------------------------------------------------------------------------------
After trail construction is completed, but before a trail is
authorized for bicycle use, the Superintendent will be required to
issue a written determination that the trail is open for public use and
that bicycle use is consistent with the TMP/EIS, including
implementation of the park's sustainable trail guidelines with
monitoring and mitigation through adaptive management. This will ensure
that bicycle use remains consistent with the protection of the park
area's natural, scenic and aesthetic values, safety considerations and
management objectives, and will not disturb wildlife or park resources.
No additional NEPA compliance would be necessary beyond the TMP/EIS
ROD, and the written determination will be added into the park's
administrative file for the trail project. The Superintendent will
provide public notice when trail(s) are authorized for bicycle use
through one or more of the procedures under 36 CFR 1.7.
The final rule also authorizes the Superintendent to establish
conditions, impose closures, or restrictions for bicycle use on
authorized trails, after taking into consideration public health and
safety, resource protection, and other management activities and
objectives, provided public notice is given under 36 CFR 1.7.
Compliance With Other Laws, Executive Orders, and Department Policy
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget will review
all significant rules. The Office of Information and Regulatory Affairs
has determined that this rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The executive order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this rule in a manner consistent
with these requirements.
Regulatory Flexibility Act (RFA)
This rule will not have a significant economic effect on a
substantial number of small entities under the RFA (5 U.S.C. 601 et
seq.). This certification is based on information contained in the
report titled, ``Cost-Benefit and Regulatory Flexibility Analyses:
Proposed Regulations to Designate Bicycle Routes in Cuyahoga Valley
National Park'' that is available for review at https://parkplanning.nps.gov/cuyahogatrailplan.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the SBREFA.
This rule:
a. Does not have an annual effect on the economy of $100 million or
more.
b. Would 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.
The current and anticipated users of bicycle routes in CUVA are
predominantly individuals engaged in recreational activities. There are
no businesses in the surrounding area that would be adversely affected
by bicycle use of these trails. Although the park does not have any
bicycle rental concessioners, there is a bicycle rental facility
adjacent to the park that provides bike rentals that are used within
CUVA.
Unfunded Mandates Reform Act (UMRA)
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. A statement
containing the information required by the UMRA (2 U.S.C. 1531 et seq.)
is not required.
Takings (Executive Order 12630)
This rule does not affect a taking of private property or otherwise
have taking implications under Executive Order 12630. A taking
implications assessment is not required because this rule will not deny
any private property owner of beneficial uses of their land, nor will
it significantly reduce their land's value.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, this rule
does not have sufficient federalism implications to warrant the
preparation of a Federalism summary impact statement. A Federalism
summary impact statement is not required.
Civil Justice Reform (Executive Order 12988)
This rule complies with the requirements of Executive Order 12988.
Specifically 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
[[Page 51952]]
(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 (Executive Order 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. We have evaluated this
rule under the Department's consultation policy and under the criteria
in Executive Order 13175 and have determined that it has no substantial
direct effects on federally recognized Indian tribes and that
consultation under the Department's tribal consultation policy is not
required. Affiliated Native American tribes were contacted by letters
sent in June, 2012 and May, 2013 to solicit any interests or concerns
with the proposed action. No responses were received by the Park.
Paperwork Reduction Act (PRA)
This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget under the PRA is
not required.
National Environmental Policy Act (NEPA)
We have prepared an environmental impact statement and have
determined that this rule will not have a significant effect on the
quality of the human environment under the NEPA of 1969. The TMP/EIS
for the Park and ROD that included an evaluation of bicycling within
the proposed areas may be viewed online at https://parkplanning.nps.gov/cuyahogatrailplan.
Effects on the Energy Supply (Executive Order 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A statement of Energy Effects is not
required.
Drafting Information
The primary authors of this regulation are Lynn Garrity, and Kim
Norley, Cuyahoga Valley National Park, and C. Rose Wilkinson and A.J.
North, NPS Regulations Program, Washington, DC.
List of Subjects in 36 CFR Part 7
National Parks, Reporting and recordkeeping requirements.
In consideration of the foregoing, the NPS amends 36 CFR part 7 as
set forth below:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
0
1. The authority 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. 7.17 by revising the section heading and adding
paragraph (b) to read as follows:
Sec. 7.17 Cuyahoga Valley National Park.
* * * * *
(b) Bicycles. (1) The Superintendent may authorize bicycle use on
all or portions of each of the following trails:
(i) East Rim (approximately 10 miles);
(ii) Old Carriage Connector Trail (approximately 0.35 miles); and
(iii) Highland Connector Trail (approximately 1.0 mile).
(2) After trail construction is complete:
(i) To authorize bicycle use, the Superintendent must make a
written determination that:
(A) The trail is open for public use; and
(B) Bicycle use is consistent with the protection of the park
area's natural, scenic and aesthetic values, safety considerations, and
management objectives, and will not disturb wildlife or park resources.
(ii) The Superintendent will provide public notice of all such
actions through one or more of the methods listed in Sec. 1.7 of this
chapter.
(3) The Superintendent may open or close authorized trails, or
portions thereof, or impose conditions or restrictions for bicycle use
after taking into consideration public health and safety, natural and
cultural resource protection, and other management activities and
objectives.
(i) The Superintendent will provide public notice of all such
actions through one or more of the methods listed in Sec. 1.7 of this
chapter.
(ii) Violating a closure, condition, or restriction is prohibited.
Dated: July 31, 2015.
Michael Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2015-21198 Filed 8-26-15; 8:45 am]
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