Special Regulations, Areas of the National Park System, Mammoth Cave National Park, 28388-28392 [2011-12038]
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28388
Federal Register / Vol. 76, No. 95 / Tuesday, May 17, 2011 / Proposed Rules
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Emcdonald on DSK2BSOYB1PROD with PROPOSALS
Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed rule is
categorically excluded, under figure 2–
1, paragraph (34)(g.), of the Instruction.
This rule involves regulations
establishing, disestablishing, or
changing Regulated navigation areas
and security or safety zones. The rule
fits this category because the Coast
Guard proposes to establish a safety
zone from mile 355.5 to mile 356.5 on
the Ohio River. We seek any comments
or information that may lead to the
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discovery of a significant environmental
impact from this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 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. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. A new temporary § 165.T08–1016 is
added to read as follows:
§ 165.T018–1016 Safety Zone; Ohio River
Mile 355.5 to Mile 356.5 Portsmouth, OH.
(a) Location. The waters of the Ohio
River beginning at mile 355.5 and
ending at mile 356.5, extending the
entire width of the river.
(b) Effective date. This section of this
rule is effective on the 4th of July each
year beginning in 2011.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port Ohio Valley.
(2) Persons or vessels requiring entry
into or passage through this zone must
request permission from the Captain of
the Port Ohio Valley, or a designated
representative. They may be contacted
on VHF–FM Channels 13 or 16, or by
telephone at (800) 253–7465.
(3) All persons and vessels shall
comply with the instructions of the
Captain of the Port Ohio Valley and
designated on-scene U.S. Coast Guard
patrol personnel.
(4) On-scene U.S. Coast Guard patrol
personnel include commissioned,
warrant, and petty officers of the U.S.
Coast Guard.
Dated: March 15, 2011.
L.W. Hewett,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
[FR Doc. 2011–12005 Filed 5–16–11; 8:45 am]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024–AD80
Special Regulations, Areas of the
National Park System, Mammoth Cave
National Park
National Park Service, Interior.
Proposed rule.
AGENCY:
ACTION:
The National Park Service
(NPS) proposes to designate four bicycle
routes within Mammoth Cave National
Park. This proposed rule is necessary to
implement portions of the park’s
Comprehensive Trail Management Plan
and the requirements of the NPS general
regulations require that a special
regulation be promulgated in order to
allow off-road bicycle use on routes
outside of developed park areas.
Authorizing routes for bicycling will
address the significant interest of the
visiting public for bicycling in the park.
This proposed rule would allow bicycle
use on a new Connector Trail in the
vicinity of Maple Springs; the Big
Hollow Trail, a new bike trail in the
hilly country of the park north of the
Green River; the nine-mile Mammoth
Cave Railroad Bike & Hike Trail; and the
White Oak Trail.
DATES: Comments must be received by
July 18, 2011.
ADDRESSES: You may submit comments,
identified by the Regulation Identifier
Number, (RIN) 1024–AD80 by any of the
following methods:
Federal rulemaking portal: https://
www.regulations.gov—Follow the
instructions for submitting comments.
Mail or hand delivery to
Superintendent, Mammoth Cave
National Park, P.O. Box 7, Mammoth
Cave, Kentucky 42259.
FOR FURTHER INFORMATION CONTACT: A.J.
North, Regulations Coordinator,
National Park Service, 1849 C Street,
NW., Room 2355, Washington, DC
20240. Phone: (202) 208–5268. E-mail:
AJ_North@nps.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Background
Mammoth Cave National Park is the
core of the largest, most complex, and
best known karst area in the world.
Karst is a geologic term which refers to
areas of irregular limestone in which
erosion has produced features such as
fissures, sinkholes, underground
streams, sinking springs, and caverns.
The many types of geologic features
present within the extensive cave
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system are the product of a unique set
of conditions found nowhere else. The
365 miles of passageways that have been
surveyed and mapped define Mammoth
Cave as the longest cave system in the
world.
The mission of Mammoth Cave
National Park is to protect and preserve
the extensive limestone caverns and
associated karst topography, scenic
river-ways, original forests, other
biological resources, and evidence of
past and contemporary ways of life.
Mammoth Cave National Park also
strives to provide for public education
and enrichment through scientific study
and to provide for the development and
sustainable use of recreation resources
and opportunities.
Legislation and Purpose of the Park
As early as 1905, Members of the
Kentucky Congressional delegation
suggested Mammoth Cave as a national
park.
In its April 18, 1926 report to the
Secretary of the Interior, the Southern
Appalachian National Park Commission
recommended national park status for
the Mammoth Cave region for, among
other reasons, the:
* * * beautiful and wonderful formations
* * * great underground labyrinth * * * of
remarkable geological and recreational
interest perhaps unparalleled elsewhere
* * * thousands of curious sinkholes of
varying sizes through which much of the
drainage is carried to underground streams,
there being few surface brooks or creeks;
The Commission also recommended
lands above ground in the region of the
cave for inclusion in the national park
because of the:
* * * exceptional opportunity for
developing a great national recreational park
of outstanding service in the very heart of our
Nation’s densest population and at a time
when the need is increasingly urgent and
most inadequately provided for.
Emcdonald on DSK2BSOYB1PROD with PROPOSALS
The Congress of the United States saw
the value of including surface lands as
part of the park. Language in Senate,
Committee on Public Lands and
Surveys, Report No. 823, May 10, 1926,
and the House of Representatives,
Committee on the Public Lands, Report
No. 1178, May 12, 1926, on the bill to
authorize Mammoth Cave National Park
said the park would:
* * * insure a great recreational ground
* * * where * * * thousands of our people
may find * * * the most delightful outdoor
recreation in * * * traversing the
picturesque and rugged hills and valleys and
great forests of the region included in the
proposed park area.
On May 25, 1926, Congress
authorized the establishment of
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Mammoth Cave National Park (44 Stat.
635), and on July 1, 1941, Mammoth
Cave was declared a national park.
Subsequently, the Great Onyx Cave and
Crystal Cave properties were purchased
and added to the park on April 7, 1961.
The park now comprises 52,830 acres.
History of Trail Development
The interest in outdoor recreation for
the Mammoth Cave area identified in
the 1926 Southern Appalachian Report
has not diminished. Through the years,
park managers have responded to
changing trends in recreation: The Wild
Cave tour began in 1969; a system of
backcountry trails was initiated in the
1970s; in the 1980s, a horse livery on
the park boundary began offering guided
rides on park trails, and canoe and
kayak liveries began shuttle services on
the Green and Nolin rivers. In 2005, the
Mammoth Cave Railroad Bike & Hike
Trail was completed, connecting the
heart of the park with one of the
gateway communities (two other
gateway communities have expressed
interest in constructing similar trails);
and the 2007 Comprehensive Trail
Management Plan calls for bicycle use
on certain trails in the park.
The Park has approximately 85 miles
of open trails. While all trails are open
to hiking, approximately 44.5 miles of
trail are open to horses, approximately
22.5 miles of trail are open to bicycles,
and 5.5 miles of trail accommodate both
horses and bicycles.
Over the years, trails were improved
and expanded into a series of loops
which compose the first 6.5 miles of the
front-country trail system in the vicinity
of the park’s visitor center and nearby
Green River. Other trails, including
trails at Sloans Pond, Turnhole Bend,
Sand Cave, and Cedar Sink, were
developed as short hikes to park
features.
In the early 1970s, the park planned
a series of trails in the more than 20,000
acres of backcountry area on the north
side of the Green River. In 1974, those
trails were officially opened to hiking
and horseback riding. The main trails of
that 55-mile system followed old and
pre-existing dirt roads, with the
remaining trails built as connections
between those dirt roads to create loops.
In 1999, a local biking club asked park
management about the possibility of
permitting bicycling on one or more
trails in the park. After further
consideration, approximately 13 miles
of trails were opened to bicycling on an
experimental basis, while continuing to
allow hiking and horseback riding on
the same trails.
In February 2005, park officials
organized the first Backcountry Summit
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meeting between Mammoth Cave
National Park, the Bowling Green
League of Bicyclists, the Sierra Club,
and the Mammoth Cave Equestrian Trail
Riders Association. The purpose of this
meeting was to provide an avenue of
communication between park officials
and all user groups regarding improving
and maintaining backcountry trails and
other backcountry issues.
Comprehensive Trail Management Plan
To address increasing demands for
trail use, the Park developed a
Comprehensive Trail Management Plan
and Environmental Assessment (EA) in
2007 to insure protection of park
resources while providing for public use
of the trails.
The purpose of the trail plan was to
develop and implement objectives and
strategies for the protection,
management, and use of trails park-wide
for a period of 10 years. The plan
identifies designated trails and access
points as well as the type of activity
(hiking, biking, horseback riding, or a
combination of those activities) for
which each trail could be used.
The park staff utilized NPS
Management Policies 2006 and the
purposes for which the park was
established by Congress to develop
objectives and ensure the
appropriateness of designating trails and
the uses allowed for each trail within
Mammoth Cave National Park.
One of the most important concepts
incorporated into the trail plan was
sustainability. Under the plan, the park
will use sustainable material and
techniques for trail maintenance and
future trail design and construction
projects. The park will use techniques
such as maximum grade limits, water
bars, and large dips in the trail called
grade reversals to minimize or slow
erosion from water and use. The park
will build bridges and utilize materials
such as gravel, landscape timbers, and
geotextile to create a more durable trail
surface and protect potentially
vulnerable trail features.
The park trail plan proposed actions
that could have environmental
consequences, such as constructing
trails or changing trail alignments, so
NPS was required by the National
Environmental Policy Act (NEPA) to
evaluate the potential environmental
impacts of those actions. The associated
EA evaluated several alternative
proposed actions or variations for a trail
plan, including a ‘‘no action’’ alternative
that would not change the way the trails
were currently managed.
The draft plan and accompanying EA
were prepared after a public meeting on
June 29, 2006, and after a public scoping
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period from June 29 to July 14, 2006.
After the draft plan and accompanying
EA were prepared and published, NPS
held a second public meeting on
February 7, 2008 in conjunction with a
60-day comment period from January
24, 2008 to March 24, 2008.
Emcdonald on DSK2BSOYB1PROD with PROPOSALS
Selected Alternative
On November 14, 2008, the park
selected Alternative 4. A finding of no
significant impact (FONSI) for the
Comprehensive Trail Management Plan
was approved on December 18, 2008.
Public comment was overwhelmingly in
support of Alternative 4 and opposed to
the park’s proposed preferred
alternative, Alternative 5. The primary
difference between the two alternatives
is that under Alternative 4, NPS would
construct a new trail primarily for
bicycle use whereas Alternative 5 called
for removal of horses from the existing
First Creek Trail, in order to allow
bicycles on that trail.
The NPS has determined bicycle use
to be appropriate for certain trails in
Mammoth Cave National Park, with the
incorporation of sustainable design,
construction, and maintenance
standards and materials. Minimizing
trail damage and deterioration and the
accompanying environmental impacts is
an essential element of Alternative 4.
This alternative also separates horse and
bicycle use in response to public
concerns about user conflict or
significant changes in or effect on visitor
use due to conflict. To address these
concerns, bicycle use will be eliminated
on the Sal Hollow, Buffalo, and
Turnhole Bend Trails, and the Big
Hollow Trail will be constructed for
bicycle use.
The Plan, EA and Finding of No
Significant Impact, (FONSI), are
available online at: https://www.nps.gov/
maca/parkmgmt/planning.
Connector Trail
Subject to the results of this
rulemaking, a new connector trail will
be designed and constructed for the
purpose of connecting access points and
areas with trails, including the Maple
Springs Group Campground, Maple
Springs Trailhead, Mammoth Cave
International Center for Science and
Learning, Big Hollow Trailhead, and the
Raymer Hollow Trailhead. This
connector would run from the Maple
Springs Trailhead to the Raymer Hollow
Trailhead, and would be a wide,
hardened-gravel trail to facilitate heavy
use and two-way traffic of hikers,
bicyclists, and horseback riders. The
section of the connector trail between
Maple Springs Trailhead and the Big
Hollow Trailhead would be designated
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as multiple-use, and the section from
the Big Hollow Trailhead to the Raymer
Hollow would be restricted to hikers
and horses. As part of the connector
trail development, a new parking area
would be constructed along the Green
River Ferry Road at the Big Hollow
Trailhead.
The new parking area along the Green
River Ferry Road would allow
bicyclists, hikers, and equestrians access
to the horse and hiking trails or Big
Hollow Trail without using the
multiple-use part of the connector. The
lot adds parking capacity to the trail
system, as well as allowing visitors to
separate themselves from other user
groups. When the connector trail is
complete, the trailhead and trails at the
Good Spring Baptist Church will be
eliminated, as access will no longer be
needed to the Raymer Hollow Trail.
Further, elimination of the trails and
trailhead would greatly reduce the
impact on and degradation of the Good
Springs Baptist Church cultural site.
Currently, the only way for
equestrians, bicyclists, and hikers to
access trailheads is by using the Maple
Springs Loop Road and the Good Spring
Church Road, which can be congested
with large pickup trucks, horse trailers,
and other passenger vehicles. Use of
those roadways creates a potential
hazard from traffic for trail users. The
connector trail will provide an
alternative to using the roads, and
increase public safety by getting these
trail users away from the roads and the
potential for collision with vehicles.
Big Hollow Bicycle Trail
The selected alternative includes a
six-mile single track mountain-bike-type
loop, named the Big Hollow Trail,
which is being constructed east of the
Green River Ferry Road-North and on
the ridge west of Big Hollow. Bicycling
and hiking would be allowed, but the
trail would be closed to horse use.
Public comment on the EA was
substantially in support of construction
of this trail for bicycle use.
This new trail increases opportunities
for bicycle use without reducing the
trails accessible to horse use, while
maintaining separation of horse and
bicycle users. Separation of these
activities should improve the
recreational experience for user groups
and offer bicyclists access to
backcountry scenery.
Since the trail would be new
construction, the selected alternative
will have more impact on park
resources than other alternatives, but we
concluded will still not have a
significant effect on the environment.
Vegetation will be removed on the trail
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surface, and cleared along the trail
margins, but sustainable materials and
construction techniques will be used to
build the trail which will help control
and minimize surface degradation,
erosion and other adverse effects on
surrounding park resources. This trail
will not pass through floodplains, cross
streams, or be located near wetlands,
and therefore is expected to have no
new impacts on water resources.
Vegetation and tree removal identified
in this alternative would be completed
in accordance with the ‘‘Biological
Opinion for the Effects of the Hazard
Tree Removal and Vegetation
Management Program to the Indiana Bat
at Mammoth Cave National Park,
Kentucky’’ to ensure the activities would
be considered ‘‘not likely to adversely
affect’’ the species.
To minimize any effect on
archeological resources, the park will
survey areas where ground disturbance
would take place and adjust trail
alignment to avoid adverse impacts.
This trail will not pass through or near
cultural sites.
Mammoth Cave Railroad Bike & Hike
Trail
An environmental assessment for the
Mammoth Cave Railroad Bike & Hike
Trail was completed in 1999, and
amended in 2004. Between 2004 and
2007, the National Park Service
constructed a nine-mile, graveled hiking
and biking trail. The Mammoth Cave
Railroad Bike & Hike Trail follows the
general route of a historic railroad bed
leading from the visitor center to the
park boundary at Park City and receives
significant daily use. The trail passes
close enough to the campground area to
provide hiking and bicycling
opportunities for those camping at the
park. The trail continues past the
campground, through low wetlands and
higher elevations on the ridge-tops,
providing the user with a varied
ecological view of the park. Several
wayside exhibits along the trail recount
historic facts regarding the old railroad
route, including past events and
structures that played a significant role
in the history of the area. The Bike and
Hike trail was designed and constructed
utilizing modern technology and
sustainable design. The eight-foot wide
graveled surface was designed to offer a
comparatively easy, family-style bicycle
trail as opposed to the single-track,
mountain-bike-type Big Hollow Trail.
The Bike and Hike trail will connect
to historic Bell’s Tavern upon
completion of Park City’s bike trail. The
park has recently received expressions
of interest from the communities of
Cave City and Brownsville to construct
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similar bike trails that could connect
with the Mammoth Cave Railroad Bike
and Hike Trail. These improvements
would provide opportunities for the use
of the park and contribute to the
‘Connecting People to Parks’ initiative
of the NPS and the President’s
America’s Great Outdoors initiative.
White Oak Trail
The Comprehensive Trail
Management Plan also identified the
White Oak Trail as a multiple-use trail,
and this proposed rule would designate
it as a trail for bicycles in addition to
hiking and horseback riding. The trail is
on an old roadbed and is wide, fairly
level, and currently has a relatively low
level of use. The flat and wide nature of
the trail provides conditions that would
tend to minimize user conflicts and
support the multiple-use designation.
The NPS would continue to occasional
use this trail for administrative vehicle
access to backcountry sites for
emergency response and to conduct
maintenance and monitoring activities.
Effect of This Proposed Rule
The purpose of this proposed rule is
to authorize bicycle use on the
Connector, Big Hollow, Mammoth Cave
Railroad Bike and Hike, and White Oak
trails. NPS regulations require a special
regulation for such use, since the trails
do not fall within developed areas of the
park, and they are not park roads.
Without such a special rule, bicycling
could not be authorizes on these trails,
and the full park-wide trails
management plan could not be
implemented.
Emcdonald on DSK2BSOYB1PROD with PROPOSALS
Compliance With Other Laws and
Executive Orders
Regulatory Planning and Review
(Executive Order 12866)
This document is not a significant
rule and is not subject to review by the
Office of Management and Budget under
Executive Order 12866.
1. This rule will not have an effect of
$100 million or more on the economy.
It will not adversely affect in a material
way the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or Tribal governments or communities.
It is anticipated that establishment of
these trails will generate positive
benefits and no costs to visitors,
businesses, or local communities. This
conclusion is based on the results of an
NPS economic analysis of the effects of
the rule, dated November 17, 2009,
which is available on https://
www.regulations.gov.
2. This rule will not create a serious
inconsistency or otherwise interfere
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with an action taken or planned by
another agency. Actions taken under
this rule will not interfere with other
agencies or local government plans,
policies, or controls. This is an agency
specific rule.
3. This rule does not alter the
budgetary effects of entitlements, grants,
user fees, or loan programs or the rights
or obligations of their recipients. No
grants or other forms of monetary
supplements are involved.
4. This rule does not raise novel legal
or policy issues. The rule implements
the special regulation required by NPS
general regulations, to allow bicycle use
on four trails designated as bicycle
routes, within Mammoth Cave National
Park.
Regulatory Flexibility Act (RFA)
The Department of the Interior
certifies that this document will not
have a significant economic effect on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). This conclusion is
based on the results of an NPS economic
analysis of the effects of the rule, dated
November 17, 2009, available for review
at: https://www.nps.gov/maca/
parkmgmt/planning, which
incorporated a regulatory flexibility
threshold analysis. The rule would
reasonably increase park visitation and
thereby generate benefits for businesses,
including small entities, through
increased visitor spending.
Consequently, the rule will not impose
a significant economic impact on a
substantial number of small entities.
Small Business Regulatory Enforcement
Fairness Act (SBREFA)
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule:
a. Does not have an annual effect on
the economy of $100 million or more.
There are no businesses in the
surrounding area economically
dependent on continued bicycle use on
these trails. The November 2009 NPS
economic analysis estimated that the
rule would add a benefit to local
business in the form of new visitors
attracted to the area to use the trails, and
not have an effect of $100 million on the
economy.
b. Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, state, or
local government agencies, or
geographic regions. The rule will not
impose restrictions on local businesses
in the form of fees, training, record
keeping, or other measures that would
increase costs.
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The economic analysis projected a net
benefit for the Federal government and
a consumer surplus of $27.02/day for
new visitors and $12.01/day for current
visitors.
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 rule is internal to National Park
Service operations, and has been
determined through economic analysis
not to have adverse effects.
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. This
rulemaking addresses only actions that
will be taken by the National Park
Service. It will not require any state,
local or Tribal government to take any
action that is not funded; it is an agency
specific rule and imposes no
requirements on small governments.
A statement containing the
information required by the Unfunded
Mandates Reform Act (2 U.S.C. 1531
et seq.) is not required.
Takings (Executive Order 12630)
Under the criteria in Executive Order
12630, this rule does not have
significant takings implications. A
taking implication assessment is not
required. This rule designates park trails
inside the park, and though the trails
may connect with trails external to the
park, the rule does not require the
taking of land for trail outside the park.
Federalism (Executive Order 13132).
Under the criteria in Executive Order
13132, this rule does not have sufficient
federalism implications to warrant the
preparation of a Federalism summary
impact statement. This rule only effects
use of NPS administered lands. It has no
effect on other areas. 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)
Under the criteria in Executive Order
13175, we have evaluated this rule and
determined that it has no potential
effects on Federally recognized Indian
Tribes. The question was considered as
part of the environmental assessment,
and trails were configured to avoid areas
identified as archeological sites,
specifically any with known burials. In
addition to the EA, past consultation
with the Tribes has been important in
the identification of concerns or issues
of cultural interest.
Paperwork Reduction Act (PRA)
This rule does not contain
information collection requirements,
and a submission under the Paperwork
Reduction Act (PRA) is not required.
National Environmental Policy Act
(NEPA)
The NPS prepared environmental
assessments to determine whether the
actions taken through this rule would
have a significant impact on the quality
of the human environment under the
National Environmental Policy Act of
1969.
A Comprehensive Trail Management
Plan and Environmental Assessment for
the management of trails were
completed and a finding of no
significant impact (FONSI) approved in
December 2008. A separate plan and EA
was prepared for the Mammoth Cave
Railroad Bike and Hike Trail in 2004.
These documents may be reviewed at:
https://www.nps.gov/maca/parkmgmt/
planning. The Department has
determined that further compliance
under this Act is not required for any of
these proposed actions.
1998, to write all rules in plain
language. This means that each rule we
publish must:
a. Be logically organized;
b. Use the active voice to address
readers directly;
c. Use clear language rather than
jargon;
d. Be divided into short sections and
sentences; and
e. Use lists and tables wherever
possible.
If you feel that we have not met these
requirements, send us comments by one
of the methods listed in the ADDRESSES
section. To better help us revise the
rule, your comments should be as
specific as possible. For example, you
should tell us the numbers of the
sections or paragraphs that are unclearly
written, which sections or sentences are
too long, the sections where you feel
lists or tables would be useful, etc.
Drafting Information
The principle contributors to this
proposed rulemaking are: Patrick H.
Reed, Superintendent, L. W. Johnson,
Natural Resources Specialist, Ken Kern,
Management Assistant, Wayne Elliot,
Chief Ranger, Vickie T. Carson, Public
Information Officer, and Philip A.
Selleck, Associate Regional Director for
Operations and Education, NCR,
Washington, DC.
Public Participation
All submissions received must
include the agency name and docket
number or Regulation Identifer Number
(RIN) for this rulemaking. All comments
received will be posted without change
to https://www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov and enter ‘‘1024–
AD80’’ in the ‘‘Keyword or ID’’ search
box.
Information Quality Act (IQA)
Public Availability of Comments
In developing this rule we did not
conduct or use a study, experiment, or
survey requiring peer review under the
Information Quality Act (Pub. L. 106–
554).
This rule is not a significant energy
action under the definition in Executive
Order 13211. A Statement of Energy
Effects is not required.
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment, including your
personal identifying information may be
made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Clarity of This Rule
List of Subjects in 36 CFR Part 7
We are required by Executive Orders
12866 and 12988 and by the
Presidential Memorandum of June 1,
PART 7—SPECIAL REGULATIONS,
AREAS OF THE NATIONAL PARK
SYSTEM
1. The authority for Part 7 continues
to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 460q, 462(k);
Sec. 7.96 also issued under 36 U.S.C. 501–
511, DC Code 10–137 (2001) and DC Code
50–2201.07 (2001).
2. In § 7.36, add paragraph (c) to read
as follows:
§ 7.36
Mammoth Cave National Park.
*
*
*
*
*
(c) Bicycles. (1) The following trails
are designated as routes open to bicycle
use:
(i) Connector Trail from the Big
Hollow Trailhead to the Maple Springs
Trailhead;
(ii) Big Hollow Trail;
(iii) Mammoth Cave Railroad Bike &
Hike Trail; and
(iv) White Oak Trail.
(2) The following are prohibited:
(i) Possession of a bicycle on routes or
trails not designated as open to bicycle
use;
(ii) Operating a bicycle on designated
bicycle routes between sunset and
sunrise without exhibiting on the
bicycle, or on the operator, an activated
white light that is visible from a
distance of at least 500 feet to the front
and a red light or reflector visible from
at least 200 feet to the rear;
(iii) Operating a bicycle in excess of
15 miles per hour on designated routes;
and
(iv) Failing to yield the right of way
to pedestrians or hikers.
(3) The Superintendent may open or
close designated bicycle routes, or
portions thereof, pursuant to the criteria
and procedures of §§ 1.5 and 1.7 of this
chapter.
District of Columbia, National parks,
Reporting and recordkeeping
requirements.
Effects on the Energy Supply (Executive
Order 13211)
Emcdonald on DSK2BSOYB1PROD with PROPOSALS
For the reasons stated in the
preamble, the National Park Service
proposes to amend 36 CFR part 7 as
follows:
VerDate Mar<15>2010
16:19 May 16, 2011
Jkt 223001
PO 00000
Frm 00060
Fmt 4702
Sfmt 9990
Dated: May 4, 2011.
Will Shafroth,
Acting Assistant Secretary Fish and Wildlife
and Parks.
[FR Doc. 2011–12038 Filed 5–16–11; 8:45 am]
BILLING CODE 4310–T3–P
E:\FR\FM\17MYP1.SGM
17MYP1
Agencies
[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Proposed Rules]
[Pages 28388-28392]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12038]
=======================================================================
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AD80
Special Regulations, Areas of the National Park System, Mammoth
Cave National Park
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The National Park Service (NPS) proposes to designate four
bicycle routes within Mammoth Cave National Park. This proposed rule is
necessary to implement portions of the park's Comprehensive Trail
Management Plan and the requirements of the NPS general regulations
require that a special regulation be promulgated in order to allow off-
road bicycle use on routes outside of developed park areas. Authorizing
routes for bicycling will address the significant interest of the
visiting public for bicycling in the park. This proposed rule would
allow bicycle use on a new Connector Trail in the vicinity of Maple
Springs; the Big Hollow Trail, a new bike trail in the hilly country of
the park north of the Green River; the nine-mile Mammoth Cave Railroad
Bike & Hike Trail; and the White Oak Trail.
DATES: Comments must be received by July 18, 2011.
ADDRESSES: You may submit comments, identified by the Regulation
Identifier Number, (RIN) 1024-AD80 by any of the following methods:
Federal rulemaking portal: https://www.regulations.gov--Follow the
instructions for submitting comments.
Mail or hand delivery to Superintendent, Mammoth Cave National
Park, P.O. Box 7, Mammoth Cave, Kentucky 42259.
FOR FURTHER INFORMATION CONTACT: A.J. North, Regulations Coordinator,
National Park Service, 1849 C Street, NW., Room 2355, Washington, DC
20240. Phone: (202) 208-5268. E-mail: AJ_North@nps.gov.
SUPPLEMENTARY INFORMATION:
Background
Mammoth Cave National Park is the core of the largest, most
complex, and best known karst area in the world. Karst is a geologic
term which refers to areas of irregular limestone in which erosion has
produced features such as fissures, sinkholes, underground streams,
sinking springs, and caverns. The many types of geologic features
present within the extensive cave
[[Page 28389]]
system are the product of a unique set of conditions found nowhere
else. The 365 miles of passageways that have been surveyed and mapped
define Mammoth Cave as the longest cave system in the world.
The mission of Mammoth Cave National Park is to protect and
preserve the extensive limestone caverns and associated karst
topography, scenic river-ways, original forests, other biological
resources, and evidence of past and contemporary ways of life. Mammoth
Cave National Park also strives to provide for public education and
enrichment through scientific study and to provide for the development
and sustainable use of recreation resources and opportunities.
Legislation and Purpose of the Park
As early as 1905, Members of the Kentucky Congressional delegation
suggested Mammoth Cave as a national park.
In its April 18, 1926 report to the Secretary of the Interior, the
Southern Appalachian National Park Commission recommended national park
status for the Mammoth Cave region for, among other reasons, the:
* * * beautiful and wonderful formations * * * great underground
labyrinth * * * of remarkable geological and recreational interest
perhaps unparalleled elsewhere * * * thousands of curious sinkholes
of varying sizes through which much of the drainage is carried to
underground streams, there being few surface brooks or creeks;
The Commission also recommended lands above ground in the region of
the cave for inclusion in the national park because of the:
* * * exceptional opportunity for developing a great national
recreational park of outstanding service in the very heart of our
Nation's densest population and at a time when the need is
increasingly urgent and most inadequately provided for.
The Congress of the United States saw the value of including
surface lands as part of the park. Language in Senate, Committee on
Public Lands and Surveys, Report No. 823, May 10, 1926, and the House
of Representatives, Committee on the Public Lands, Report No. 1178, May
12, 1926, on the bill to authorize Mammoth Cave National Park said the
park would:
* * * insure a great recreational ground * * * where * * *
thousands of our people may find * * * the most delightful outdoor
recreation in * * * traversing the picturesque and rugged hills and
valleys and great forests of the region included in the proposed
park area.
On May 25, 1926, Congress authorized the establishment of Mammoth
Cave National Park (44 Stat. 635), and on July 1, 1941, Mammoth Cave
was declared a national park. Subsequently, the Great Onyx Cave and
Crystal Cave properties were purchased and added to the park on April
7, 1961. The park now comprises 52,830 acres.
History of Trail Development
The interest in outdoor recreation for the Mammoth Cave area
identified in the 1926 Southern Appalachian Report has not diminished.
Through the years, park managers have responded to changing trends in
recreation: The Wild Cave tour began in 1969; a system of backcountry
trails was initiated in the 1970s; in the 1980s, a horse livery on the
park boundary began offering guided rides on park trails, and canoe and
kayak liveries began shuttle services on the Green and Nolin rivers. In
2005, the Mammoth Cave Railroad Bike & Hike Trail was completed,
connecting the heart of the park with one of the gateway communities
(two other gateway communities have expressed interest in constructing
similar trails); and the 2007 Comprehensive Trail Management Plan calls
for bicycle use on certain trails in the park.
The Park has approximately 85 miles of open trails. While all
trails are open to hiking, approximately 44.5 miles of trail are open
to horses, approximately 22.5 miles of trail are open to bicycles, and
5.5 miles of trail accommodate both horses and bicycles.
Over the years, trails were improved and expanded into a series of
loops which compose the first 6.5 miles of the front-country trail
system in the vicinity of the park's visitor center and nearby Green
River. Other trails, including trails at Sloans Pond, Turnhole Bend,
Sand Cave, and Cedar Sink, were developed as short hikes to park
features.
In the early 1970s, the park planned a series of trails in the more
than 20,000 acres of backcountry area on the north side of the Green
River. In 1974, those trails were officially opened to hiking and
horseback riding. The main trails of that 55-mile system followed old
and pre-existing dirt roads, with the remaining trails built as
connections between those dirt roads to create loops.
In 1999, a local biking club asked park management about the
possibility of permitting bicycling on one or more trails in the park.
After further consideration, approximately 13 miles of trails were
opened to bicycling on an experimental basis, while continuing to allow
hiking and horseback riding on the same trails.
In February 2005, park officials organized the first Backcountry
Summit meeting between Mammoth Cave National Park, the Bowling Green
League of Bicyclists, the Sierra Club, and the Mammoth Cave Equestrian
Trail Riders Association. The purpose of this meeting was to provide an
avenue of communication between park officials and all user groups
regarding improving and maintaining backcountry trails and other
backcountry issues.
Comprehensive Trail Management Plan
To address increasing demands for trail use, the Park developed a
Comprehensive Trail Management Plan and Environmental Assessment (EA)
in 2007 to insure protection of park resources while providing for
public use of the trails.
The purpose of the trail plan was to develop and implement
objectives and strategies for the protection, management, and use of
trails park-wide for a period of 10 years. The plan identifies
designated trails and access points as well as the type of activity
(hiking, biking, horseback riding, or a combination of those
activities) for which each trail could be used.
The park staff utilized NPS Management Policies 2006 and the
purposes for which the park was established by Congress to develop
objectives and ensure the appropriateness of designating trails and the
uses allowed for each trail within Mammoth Cave National Park.
One of the most important concepts incorporated into the trail plan
was sustainability. Under the plan, the park will use sustainable
material and techniques for trail maintenance and future trail design
and construction projects. The park will use techniques such as maximum
grade limits, water bars, and large dips in the trail called grade
reversals to minimize or slow erosion from water and use. The park will
build bridges and utilize materials such as gravel, landscape timbers,
and geotextile to create a more durable trail surface and protect
potentially vulnerable trail features.
The park trail plan proposed actions that could have environmental
consequences, such as constructing trails or changing trail alignments,
so NPS was required by the National Environmental Policy Act (NEPA) to
evaluate the potential environmental impacts of those actions. The
associated EA evaluated several alternative proposed actions or
variations for a trail plan, including a ``no action'' alternative that
would not change the way the trails were currently managed.
The draft plan and accompanying EA were prepared after a public
meeting on June 29, 2006, and after a public scoping
[[Page 28390]]
period from June 29 to July 14, 2006. After the draft plan and
accompanying EA were prepared and published, NPS held a second public
meeting on February 7, 2008 in conjunction with a 60-day comment period
from January 24, 2008 to March 24, 2008.
Selected Alternative
On November 14, 2008, the park selected Alternative 4. A finding of
no significant impact (FONSI) for the Comprehensive Trail Management
Plan was approved on December 18, 2008. Public comment was
overwhelmingly in support of Alternative 4 and opposed to the park's
proposed preferred alternative, Alternative 5. The primary difference
between the two alternatives is that under Alternative 4, NPS would
construct a new trail primarily for bicycle use whereas Alternative 5
called for removal of horses from the existing First Creek Trail, in
order to allow bicycles on that trail.
The NPS has determined bicycle use to be appropriate for certain
trails in Mammoth Cave National Park, with the incorporation of
sustainable design, construction, and maintenance standards and
materials. Minimizing trail damage and deterioration and the
accompanying environmental impacts is an essential element of
Alternative 4. This alternative also separates horse and bicycle use in
response to public concerns about user conflict or significant changes
in or effect on visitor use due to conflict. To address these concerns,
bicycle use will be eliminated on the Sal Hollow, Buffalo, and Turnhole
Bend Trails, and the Big Hollow Trail will be constructed for bicycle
use.
The Plan, EA and Finding of No Significant Impact, (FONSI), are
available online at: https://www.nps.gov/maca/parkmgmt/planning.
Connector Trail
Subject to the results of this rulemaking, a new connector trail
will be designed and constructed for the purpose of connecting access
points and areas with trails, including the Maple Springs Group
Campground, Maple Springs Trailhead, Mammoth Cave International Center
for Science and Learning, Big Hollow Trailhead, and the Raymer Hollow
Trailhead. This connector would run from the Maple Springs Trailhead to
the Raymer Hollow Trailhead, and would be a wide, hardened-gravel trail
to facilitate heavy use and two-way traffic of hikers, bicyclists, and
horseback riders. The section of the connector trail between Maple
Springs Trailhead and the Big Hollow Trailhead would be designated as
multiple-use, and the section from the Big Hollow Trailhead to the
Raymer Hollow would be restricted to hikers and horses. As part of the
connector trail development, a new parking area would be constructed
along the Green River Ferry Road at the Big Hollow Trailhead.
The new parking area along the Green River Ferry Road would allow
bicyclists, hikers, and equestrians access to the horse and hiking
trails or Big Hollow Trail without using the multiple-use part of the
connector. The lot adds parking capacity to the trail system, as well
as allowing visitors to separate themselves from other user groups.
When the connector trail is complete, the trailhead and trails at the
Good Spring Baptist Church will be eliminated, as access will no longer
be needed to the Raymer Hollow Trail. Further, elimination of the
trails and trailhead would greatly reduce the impact on and degradation
of the Good Springs Baptist Church cultural site.
Currently, the only way for equestrians, bicyclists, and hikers to
access trailheads is by using the Maple Springs Loop Road and the Good
Spring Church Road, which can be congested with large pickup trucks,
horse trailers, and other passenger vehicles. Use of those roadways
creates a potential hazard from traffic for trail users. The connector
trail will provide an alternative to using the roads, and increase
public safety by getting these trail users away from the roads and the
potential for collision with vehicles.
Big Hollow Bicycle Trail
The selected alternative includes a six-mile single track mountain-
bike-type loop, named the Big Hollow Trail, which is being constructed
east of the Green River Ferry Road-North and on the ridge west of Big
Hollow. Bicycling and hiking would be allowed, but the trail would be
closed to horse use. Public comment on the EA was substantially in
support of construction of this trail for bicycle use.
This new trail increases opportunities for bicycle use without
reducing the trails accessible to horse use, while maintaining
separation of horse and bicycle users. Separation of these activities
should improve the recreational experience for user groups and offer
bicyclists access to backcountry scenery.
Since the trail would be new construction, the selected alternative
will have more impact on park resources than other alternatives, but we
concluded will still not have a significant effect on the environment.
Vegetation will be removed on the trail surface, and cleared along the
trail margins, but sustainable materials and construction techniques
will be used to build the trail which will help control and minimize
surface degradation, erosion and other adverse effects on surrounding
park resources. This trail will not pass through floodplains, cross
streams, or be located near wetlands, and therefore is expected to have
no new impacts on water resources.
Vegetation and tree removal identified in this alternative would be
completed in accordance with the ``Biological Opinion for the Effects
of the Hazard Tree Removal and Vegetation Management Program to the
Indiana Bat at Mammoth Cave National Park, Kentucky'' to ensure the
activities would be considered ``not likely to adversely affect'' the
species.
To minimize any effect on archeological resources, the park will
survey areas where ground disturbance would take place and adjust trail
alignment to avoid adverse impacts. This trail will not pass through or
near cultural sites.
Mammoth Cave Railroad Bike & Hike Trail
An environmental assessment for the Mammoth Cave Railroad Bike &
Hike Trail was completed in 1999, and amended in 2004. Between 2004 and
2007, the National Park Service constructed a nine-mile, graveled
hiking and biking trail. The Mammoth Cave Railroad Bike & Hike Trail
follows the general route of a historic railroad bed leading from the
visitor center to the park boundary at Park City and receives
significant daily use. The trail passes close enough to the campground
area to provide hiking and bicycling opportunities for those camping at
the park. The trail continues past the campground, through low wetlands
and higher elevations on the ridge-tops, providing the user with a
varied ecological view of the park. Several wayside exhibits along the
trail recount historic facts regarding the old railroad route,
including past events and structures that played a significant role in
the history of the area. The Bike and Hike trail was designed and
constructed utilizing modern technology and sustainable design. The
eight-foot wide graveled surface was designed to offer a comparatively
easy, family-style bicycle trail as opposed to the single-track,
mountain-bike-type Big Hollow Trail.
The Bike and Hike trail will connect to historic Bell's Tavern upon
completion of Park City's bike trail. The park has recently received
expressions of interest from the communities of Cave City and
Brownsville to construct
[[Page 28391]]
similar bike trails that could connect with the Mammoth Cave Railroad
Bike and Hike Trail. These improvements would provide opportunities for
the use of the park and contribute to the `Connecting People to Parks'
initiative of the NPS and the President's America's Great Outdoors
initiative.
White Oak Trail
The Comprehensive Trail Management Plan also identified the White
Oak Trail as a multiple-use trail, and this proposed rule would
designate it as a trail for bicycles in addition to hiking and
horseback riding. The trail is on an old roadbed and is wide, fairly
level, and currently has a relatively low level of use. The flat and
wide nature of the trail provides conditions that would tend to
minimize user conflicts and support the multiple-use designation. The
NPS would continue to occasional use this trail for administrative
vehicle access to backcountry sites for emergency response and to
conduct maintenance and monitoring activities.
Effect of This Proposed Rule
The purpose of this proposed rule is to authorize bicycle use on
the Connector, Big Hollow, Mammoth Cave Railroad Bike and Hike, and
White Oak trails. NPS regulations require a special regulation for such
use, since the trails do not fall within developed areas of the park,
and they are not park roads. Without such a special rule, bicycling
could not be authorizes on these trails, and the full park-wide trails
management plan could not be implemented.
Compliance With Other Laws and Executive Orders
Regulatory Planning and Review (Executive Order 12866)
This document is not a significant rule and is not subject to
review by the Office of Management and Budget under Executive Order
12866.
1. This rule will not have an effect of $100 million or more on the
economy. It will not adversely affect in a material way the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or Tribal governments or communities. It is
anticipated that establishment of these trails will generate positive
benefits and no costs to visitors, businesses, or local communities.
This conclusion is based on the results of an NPS economic analysis of
the effects of the rule, dated November 17, 2009, which is available on
https://www.regulations.gov.
2. This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency. Actions
taken under this rule will not interfere with other agencies or local
government plans, policies, or controls. This is an agency specific
rule.
3. This rule does not alter the budgetary effects of entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients. No grants or other forms of monetary supplements are
involved.
4. This rule does not raise novel legal or policy issues. The rule
implements the special regulation required by NPS general regulations,
to allow bicycle use on four trails designated as bicycle routes,
within Mammoth Cave National Park.
Regulatory Flexibility Act (RFA)
The Department of the Interior certifies that this document will
not have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
This conclusion is based on the results of an NPS economic analysis of
the effects of the rule, dated November 17, 2009, available for review
at: https://www.nps.gov/maca/parkmgmt/planning, which incorporated a
regulatory flexibility threshold analysis. The rule would reasonably
increase park visitation and thereby generate benefits for businesses,
including small entities, through increased visitor spending.
Consequently, the rule will not impose a significant economic impact on
a substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
a. Does not have an annual effect on the economy of $100 million or
more. There are no businesses in the surrounding area economically
dependent on continued bicycle use on these trails. The November 2009
NPS economic analysis estimated that the rule would add a benefit to
local business in the form of new visitors attracted to the area to use
the trails, and not have an effect of $100 million on the economy.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, state, or local government
agencies, or geographic regions. The rule will not impose restrictions
on local businesses in the form of fees, training, record keeping, or
other measures that would increase costs.
The economic analysis projected a net benefit for the Federal
government and a consumer surplus of $27.02/day for new visitors and
$12.01/day for current visitors.
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
rule is internal to National Park Service operations, and has been
determined through economic analysis not to have adverse effects.
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. This rulemaking
addresses only actions that will be taken by the National Park Service.
It will not require any state, local or Tribal government to take any
action that is not funded; it is an agency specific rule and imposes no
requirements on small governments.
A statement containing the information required by the Unfunded
Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required.
Takings (Executive Order 12630)
Under the criteria in Executive Order 12630, this rule does not
have significant takings implications. A taking implication assessment
is not required. This rule designates park trails inside the park, and
though the trails may connect with trails external to the park, the
rule does not require the taking of land for trail outside the park.
Federalism (Executive Order 13132).
Under the criteria in Executive Order 13132, this rule does not
have sufficient federalism implications to warrant the preparation of a
Federalism summary impact statement. This rule only effects use of NPS
administered lands. It has no effect on other areas. 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 28392]]
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)
Under the criteria in Executive Order 13175, we have evaluated this
rule and determined that it has no potential effects on Federally
recognized Indian Tribes. The question was considered as part of the
environmental assessment, and trails were configured to avoid areas
identified as archeological sites, specifically any with known burials.
In addition to the EA, past consultation with the Tribes has been
important in the identification of concerns or issues of cultural
interest.
Paperwork Reduction Act (PRA)
This rule does not contain information collection requirements, and
a submission under the Paperwork Reduction Act (PRA) is not required.
National Environmental Policy Act (NEPA)
The NPS prepared environmental assessments to determine whether the
actions taken through this rule would have a significant impact on the
quality of the human environment under the National Environmental
Policy Act of 1969.
A Comprehensive Trail Management Plan and Environmental Assessment
for the management of trails were completed and a finding of no
significant impact (FONSI) approved in December 2008. A separate plan
and EA was prepared for the Mammoth Cave Railroad Bike and Hike Trail
in 2004. These documents may be reviewed at: https://www.nps.gov/maca/parkmgmt/planning. The Department has determined that further
compliance under this Act is not required for any of these proposed
actions.
Information Quality Act (IQA)
In developing this rule we did not conduct or use a study,
experiment, or survey requiring peer review under the Information
Quality Act (Pub. L. 106-554).
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.
Clarity of This Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
a. Be logically organized;
b. Use the active voice to address readers directly;
c. Use clear language rather than jargon;
d. Be divided into short sections and sentences; and
e. Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that are unclearly written, which sections or sentences
are too long, the sections where you feel lists or tables would be
useful, etc.
Drafting Information
The principle contributors to this proposed rulemaking are: Patrick
H. Reed, Superintendent, L. W. Johnson, Natural Resources Specialist,
Ken Kern, Management Assistant, Wayne Elliot, Chief Ranger, Vickie T.
Carson, Public Information Officer, and Philip A. Selleck, Associate
Regional Director for Operations and Education, NCR, Washington, DC.
Public Participation
All submissions received must include the agency name and docket
number or Regulation Identifer Number (RIN) for this rulemaking. All
comments received will be posted without change to https://www.regulations.gov.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov and enter ``1024-
AD80'' in the ``Keyword or ID'' search box.
Public Availability of Comments
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List of Subjects in 36 CFR Part 7
District of Columbia, National parks, Reporting and recordkeeping
requirements.
For the reasons stated in the preamble, the National Park Service
proposes to amend 36 CFR part 7 as follows:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
1. The authority for Part 7 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 460q, 462(k); Sec. 7.96 also
issued under 36 U.S.C. 501-511, DC Code 10-137 (2001) and DC Code
50-2201.07 (2001).
2. In Sec. 7.36, add paragraph (c) to read as follows:
Sec. 7.36 Mammoth Cave National Park.
* * * * *
(c) Bicycles. (1) The following trails are designated as routes
open to bicycle use:
(i) Connector Trail from the Big Hollow Trailhead to the Maple
Springs Trailhead;
(ii) Big Hollow Trail;
(iii) Mammoth Cave Railroad Bike & Hike Trail; and
(iv) White Oak Trail.
(2) The following are prohibited:
(i) Possession of a bicycle on routes or trails not designated as
open to bicycle use;
(ii) Operating a bicycle on designated bicycle routes between
sunset and sunrise without exhibiting on the bicycle, or on the
operator, an activated white light that is visible from a distance of
at least 500 feet to the front and a red light or reflector visible
from at least 200 feet to the rear;
(iii) Operating a bicycle in excess of 15 miles per hour on
designated routes; and
(iv) Failing to yield the right of way to pedestrians or hikers.
(3) The Superintendent may open or close designated bicycle routes,
or portions thereof, pursuant to the criteria and procedures of
Sec. Sec. 1.5 and 1.7 of this chapter.
Dated: May 4, 2011.
Will Shafroth,
Acting Assistant Secretary Fish and Wildlife and Parks.
[FR Doc. 2011-12038 Filed 5-16-11; 8:45 am]
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