Special Regulations, Areas of the National Park System, Rocky Mountain National Park; Bicycling, 8940-8945 [2018-04309]
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Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Rules and Regulations
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01, which
guides the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves safety
zones of limited size and duration. It is
categorically excluded from further
review under Categorical Exclusion
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
For the reasons discussed in the
preamble, the Coast Guard amends 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 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.T11–915 to read as
follows:
■
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§ 165.T11–915 Safety Zone; Monte
Foundation Snowfest Fireworks Display,
Tahoe City, Lake Tahoe, CA.
(a) Location. This temporary safety
zone is established in the navigable
waters of Lake Tahoe near Commons
Beach in Tahoe City, Lake Tahoe, CA as
depicted in National Oceanic and
Atmospheric Administration (NOAA)
Chart 18665. Starting at the Lake Forest
Boat Ramp from 7 a.m. to 7 p.m. on
March 2, 2018, during the loading,
staging, transit, and arrival of the
fireworks barge and until 30 minutes
prior to the start of the fireworks
display, the temporary safety zone
applies to the navigable waters around
and under the fireworks barge within a
radius of 100 feet. At 7 p.m., 30 minutes
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prior to the commencement of the 12
minute fireworks display, scheduled to
begin at 7:30 p.m. on March 2, 2018, the
safety zone will expand to encompass
the navigable waters around and under
the fireworks barge within a radius of
350 feet in approximate position
39°10′07″ N, 120°08′16″ W (NAD 83).
(b) Enforcement period. The zone
described in paragraph (a) of this
section will be enforced from 7 a.m.
until approximately 8:15 p.m. March 2,
2018. The Captain of the Port San
Francisco (COTP) will notify the
maritime community of periods during
which these zones will be enforced via
Broadcast Notice to Mariners in
accordance with 33 CFR 165.7.
(c) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
on a Coast Guard vessel or a Federal,
State, or local officer designated by or
assisting the COTP in the enforcement
of the safety zone.
(d) Regulations. (1) Under the general
regulations in 33 CFR part 165, subpart
C, entry into, transiting or anchoring
within this safety zone is prohibited
unless authorized by the COTP or the
COTP’s designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or a designated
representative to obtain permission to
do so. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
them by the COTP or a designated
representative. Persons and vessels may
request permission to enter the safety
zones on VHF–23A or through the 24hour Command Center at telephone
(415) 399–3547.
Dated: February 23, 2018.
Patrick S. Nelson,
Captain, U.S. Coast Guard, Alternate Captain
of the Port, San Francisco.
[FR Doc. 2018–04365 Filed 3–1–18; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS–ROMO–24625; PPIMROMO6A
PPMRSNR1Z.Y00000]
RIN 1024–AE31
Special Regulations, Areas of the
National Park System, Rocky Mountain
National Park; Bicycling
National Park Service, Interior.
Final rule.
AGENCY:
ACTION:
The National Park Service
amends the special regulations for
Rocky Mountain National Park to allow
bicycle use on a 2-mile segment of the
East Shore Trail located within the park.
A portion of this 2-mile segment will
require trail construction to
accommodate bicycles and is therefore
considered a new trail. National Park
Service regulations require
promulgation of a special regulation to
designate new trails for bicycle use off
park roads and outside developed areas.
DATES: This rule is effective on April 2,
2018.
FOR FURTHER INFORMATION CONTACT:
Larry Gamble, Chief of Planning and
Project Stewardship, Rocky Mountain
National Park, 1000 U.S. Highway 36,
Estes Park, CO 80517. Phone (970) 586–
1320. Email: larry_gamble@nps.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Rocky Mountain National Park (park)
was established in 1915 and is located
in north central Colorado. The
approximately 265,761-acre park
contains spectacular scenery that
includes majestic mountains, lakes,
rivers, forests, meadows, and abundant
wildlife. The East Shore Trail is a hiking
and equestrian trail that runs roughly
north/south along the east shore of
Shadow Mountain Lake near the town
of Grand Lake, Colorado. The entire trail
is 6.2 miles long and ends at the
southern boundary of the park. The East
Shore Trailhead is located south of the
town of Grand Lake. The trailhead and
the first 0.7 miles of the trail are located
on land administered by the U.S. Forest
Service as part of the Arapaho National
Recreation Area. Bicycle use is currently
allowed only on this 0.7-mile section of
the trail. The remaining 5.5 miles of the
East Shore Trail are located within the
park. Hiking and fishing access to the
lake is allowed along the trail. This rule
applies to the northernmost 2-mile
segment of the East Shore Trail within
the park extending north from Shadow
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Mountain Dam to the park boundary.
The 2-mile segment of the East Shore
Trail corridor within the park is
bounded on the west by Shadow
Mountain Lake and on the east by
designated wilderness.
In January 2014, the National Park
Service (NPS) published the East Shore
Trail Environmental Assessment (EA).
The EA evaluates (i) the suitability of
the trail for bicycle use; and (ii) life
cycle maintenance costs, safety
considerations, methods to prevent or
minimize user conflict, and methods to
protect natural and cultural resources
and mitigate impacts associated with
bicycle use on the trail. After a public
review period, the Regional Director of
the Intermountain Region signed a
Finding of No Significant Impact
(FONSI) in February 2015 that
identified the preferred alternative
(Alternative B) in the EA as the selected
action.
The EA and FONSI, which contain a
full description of the purpose and need
for taking action, scoping, the
alternatives considered, maps, and the
environmental impacts associated with
the project, may be viewed on the park’s
planning website at https://
parkplanning.nps.gov/romo, by clicking
on the link entitled ‘‘East Shore Trail
Rulemaking for Bicycle Use’’ and then
clicking on the link entitled ‘‘Document
List.’’
Final Rule
This final rule implements the
selected action in the FONSI and
authorizes the Superintendent to
designate bicycle use on a 2-mile
segment of the East Shore Trail within
the park. This segment of the trail
extends north from Shadow Mountain
Dam to the park boundary. To
accommodate bicycle use, a 0.25-mile
section of the existing trail will be
rerouted to improve public safety, to
avoid sensitive natural and cultural
resources, and to provide for
sustainability of the trail. NPS
regulations at 36 CFR 4.30 require a
rulemaking to implement the selected
action because a portion of the rerouted
trail will require construction and is
located in an undeveloped area. Bicycle
use will not be authorized by the
Superintendent until the rerouted trail
segments are completed. Rerouting is
expected to be completed in 2018.
The rule adds a new paragraph (f) to
36 CFR 7.7—Special Regulations, Areas
of the National Park System for Rocky
Mountain National Park. The rule
requires the Superintendent to notify
the public when designating any portion
of the trail for bicycle use and to
identify the designation on maps
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available in the office of the
Superintendent and other places
convenient to the public. The rule
authorizes the Superintendent to
establish closures, conditions, or
restrictions for bicycle use on
designated routes after considering
public health and safety, natural and
cultural resource protection, and other
management activities and objectives.
Notice of any such closures, conditions,
or restrictions must be provided to the
public.
Summary of Public Comments
The NPS published the proposed rule
in the Federal Register on December 1,
2015 (80 FR 75022). In the same
document, the NPS also published
notice of a written determination
concluding that bicycle use on the 2mile trail segment is consistent with the
protection of the park area’s natural,
scenic and aesthetic values, safety
considerations and management
objectives, and would not disturb
wildlife or park resources. The NPS
accepted comments on the proposed
rule and the written determination
through the mail, hand delivery, and
through the Federal eRulemaking Portal
at https://www.regulations.gov.
Comments were accepted through
February 1, 2016. The NPS received 35
timely comments. A summary of
comments and NPS responses is
provided below. After considering the
public comments and after additional
review, the NPS did not make any
changes to the rule or the written
determination.
1. Comment: One commenter stated
that bicycle use on the portion of the
East Shore Trail that is part of the
Continental Divide National Scenic
Trail (CDNST) is inappropriate because
such use is inconsistent with the park’s
general land and resource management
plan.
NPS Response: This comment applies
to the northernmost 0.9 mile segment of
the East Shore Trail that may be
designated for bicycle use under this
rule. This segment of the trail is part of
the CDNST that was established by
Congress in the National Parks and
Recreation Act, Public Law 95–625
(1978) (NPRA) in 1978. The NPRA
amended the National Trails System Act
of 1968, Public Law 90–543 (1968)
(NTSA) which governs the
administration of national scenic trails,
including the CDNST. The management
and use of the CDNST is governed by a
Comprehensive Plan that was most
recently amended in 2009. Section
5.b.(2) of the Comprehensive Plan
allows for bicycle use on the CDNST if
the use is consistent with the applicable
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land and resource management plan and
will not substantially interfere with the
nature and purposes of the CDNST.
The Rocky Mountain National Park
Final Master Plan was adopted in
January 1976 and remains the general
land and resource management plan for
the park. The framework for visitor use
in the Master Plan establishes different
zones within the park that, by virtue of
their ease of access or facilities, fall into
definable patterns of use. Management
priorities defer to the basic character of
a given zone to provide the visitor use
experience for which the zone is most
suited. The Master Plan allows for highdensity use where necessary, and allows
for the maintenance of natural
conditions in more primitive portions of
the park.
The more primitive portions of the
park are those within designated
wilderness, which comprises 95 percent
of the park. The park’s wilderness
legislation excluded the East Shore Trail
area from designated wilderness.
Omnibus Public Land Management Act
of 2009, Public Law 111–11. The East
Shore Trail is located within the 5
percent of the park that—according to
the Master Plan—could accommodate
high-density use where appropriate.
Although the trail is located outside
designated wilderness, the EA and
FONSI do not propose significant
modifications to the East Shore Trail to
accommodate high-density use, but
instead propose modest improvements
to accommodate low-density use,
including bicycle use, on a single track
trail. For these reasons, the NPS believes
the decision to allow bicycle use on the
segment of the East Shore Trail
identified in the EA is consistent with
the park’s Master Plan.
The NPS also believes that bicycle use
is consistent with Congressional intent
for management of the East Shore Trail
area. The NTSA—which governs the
administration of the national trails
system—lists ‘‘trail biking’’ as a
potential use of national scenic trails. 16
U.SC. 1246(j). The NTSA states that
‘‘other uses’’ of the trail system—in
addition to campsites, shelters, and
related public use facilities—should be
permitted if they do not substantially
interfere with the purposes of the trail.
The NTSA also states that reasonable
efforts should be made to provide
sufficient access opportunities to the
CDNST and, to the extent practicable,
avoid activities incompatible for the
purposes for which such trails were
established. 16 U.SC. 1246(c).
The Omnibus Public Land
Management Act of 2009 directed the
Secretary of the Interior, acting through
the NPS, to establish a route for the East
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Shore Trail to maximize the opportunity
for sustained use of the trail without
causing harm to affected resources or
conflicts among users. Public Law 111–
11, sec. 1954(a) (2009). Congress
excluded the trail from designated
wilderness and explicitly stated that the
Secretary may allow nonmotorized
bicycles on the trail. Public Law 111–11,
sec. 1954 (e)(3) (2009).
2. Comment: One commenter stated
that bicycle use on the portion of the
East Shore Trail that is part of the
CDNST is inappropriate because such
use will substantially interfere with the
nature and purposes of the CDNST,
which are to (i) provide high-quality
scenic, primitive hiking and horseback
riding opportunities and (ii) conserve
natural, historic, and cultural resources.
Other commenters had similar concerns
for the entire 2-mile segment of the East
Shore Trail. These commenters were
concerned that allowing bicycle use
would conflict with hikers and
equestrians by creating an unsafe
environment. Other commenters stated
that bicycles would adversely impact
natural resources by disturbing wildlife
and eroding soil.
NPS Response: The NPS believes that
allowing bicycle use on the 2-mile
segment of the East Shore Trail
identified in the EA and FONSI is
compatible with and will not
substantially interfere with
opportunities for high-quality scenic,
primitive hiking and horseback riding.
As long as the trail is not closed for
management purposes (e.g., hazard tree
removal), hikers and equestrians are free
to use the trail every day of the year.
The NPS expects that many interactions
between hikers, equestrians, and
bicyclists will not result in a conflict. To
the extent the NPS receives evidence of
conflicts between bicyclists and other
user groups, the NPS will implement
the adaptive management strategy
identified in the FONSI to reduce the
frequency and magnitude of those
conflicts. The most restrictive
management action that may be taken to
address visitor conflicts is to close the
trail to bicycles. An intermediate step is
to close the trails to bicycles every other
day, which would provide hikers and
equestrians an opportunity to use the
trail without the potential for
interaction with bicycles. If alternate
bike days are implemented, it will be
because of documented and verifiable
conflicts or accidents involving
bicyclists. If this occurs, it does not
mean there has been substantial
interference with the purposes of the
CDNST. The adaptive management
strategy in the FONSI is designed with
low thresholds that trigger management
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actions in order to mitigate conflict. The
number and severity of incidents that
would trigger the NPS to adopt alternate
bike days fall below the threshold of
substantial interference with the
provision of high-quality scenic,
primitive hiking and horseback riding
opportunities on the CDNST. Whatever
impacts there may be on these
opportunities, the impacts will only
apply to a 0.9-mile segment of the
CDNST where bicycle use is allowed
within the park. This represents only 6
percent of the length of the CDNST in
the park and 0.03 percent of the total
length of the CDNST.
The NPS also believes that allowing
bicycles on the 0.9-mile segment of the
East Shore Trail that is also part of the
CDNST is compatible with and will not
substantially interfere with the
conservation of natural, historic, and
cultural resources along the CDNST
corridor. The FONSI determined that
the construction of the trail and bicycle
use on the trail would not have a
significant effect on the human
environment. The EA and FONSI
evaluated potential impacts to natural
resources such as soils and wildlife, and
cultural resources such as archeological
sites and historic structures. The FONSI
identified mitigation strategies that will
be implemented to protect natural and
cultural resources (pages 3–4). The
FONSI identifies an adaptive
management strategy to address
resource damage from bicycles (page 5).
Indicators such as loss of trail tread and
expansion of off-trail resource damage
will be met with trail armoring,
increased trail maintenance,
reevaluation of trail design, and—as the
most restrictive measure—elimination
of bicycle use on the trail.
3. Comment: One commenter stated
that the NPS should not allow bicycle
use on the East Shore Trail until the
CDNST Interagency Leadership Council
establishes a carrying capacity that is
required by the NTSA and the
Comprehensive Plan.
NPS Response: The CDNST crosses
Federal lands administered by the U.S.
Forest Service under the U.S.
Department of Agriculture and the NPS
and Bureau of Land Management under
the U.S. Department of the Interior.
Programs specific to the CDNST are
developed and coordinated through the
CDNST Interagency Leadership Council,
consisting of Regional Foresters for the
Forest Service, State Directors for the
Bureau of Land Management, and a
Regional Director for the NPS. The
Council provides leadership and
oversight to sustain the CDNST and
ensures consistent, coordinated, and
effective programs.
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The NTSA states that the
Comprehensive Plan for the CDNST will
identify a carrying capacity for the trail
and a plan for its implementation. 16
U.S.C. 1244(f). The Comprehensive Plan
states that the policy of the Council is
to establish a carrying capacity for the
CDNST that accommodates its nature
and purposes. The Comprehensive Plan
states that NPS managers will utilize
existing capacity estimates developed
for general park or resource
management plans. The Council has not
yet established a carrying capacity for
the CDNST and the NPS has not
established a carrying capacity for the
East Shore Trail in the park’s Master
Plan. Although there is no carrying
capacity to guide management of the
trail, the NPS believes it has complied
with the management direction in the
Comprehensive Plan that the carrying
capacity determination will consider
biophysical environmental needs and
the social capacity factors needed to
provide desired recreation experience
opportunities. The EA and the FONSI
evaluated the impacts of bicycle use on
the natural environment and on the
visitor experience on the trail. The
adaptive management indicators,
thresholds, and management actions
that are a part of the decision to allow
bicycles on a 2-mile section of the East
Shore Trail are designed to avoid
resource damage and conflicts among
bicyclists and other park visitors.
4. Comment: One commenter stated
that prior to considering actions that
may degrade the CDNST corridor, the
NPS must develop and implement a
General Management Plan (GMP) that
recognizes the CDNST as a
Congressionally-designated area. This
commenter further stated that the GMP
must comply with the NTSA and the
Comprehensive Plan for the CDNST,
and that once programmatic direction is
established in the GMP, CDNST sitespecific protection and development
plans should be established that provide
for the values of the CDNST.
NPS Response: NPS is required by
law to prepare a GMP for the
preservation and use of each National
Park System unit that includes (1)
measures for the preservation of the
area’s resources; (2) indications of types
and general intensities of development
(including visitor circulation and
transportation patterns, systems, and
modes) associated with public
enjoyment and use of the area,
including general locations, timing of
implementation, and anticipated costs;
(3) identification of and implementation
of commitments for visitor carrying
capacities for all areas of the System
unit; and (4) indications of potential
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modifications to the external boundaries
of the System unit, and the reasons for
the modifications. 54 U.S.C. 100502.
The park’s Master Plan was adopted
in January 1976 and serves as the GMP
for the park. At this time, the Secretary
of the Interior has not listed the park as
needing a revised Master Plan. In May
2013, the NPS published a Foundation
Document for the park which includes
information on park purpose,
significance, interpretive themes, and
fundamental resources and values. One
of the identified planning needs in the
Foundation Document is a visitor use
management plan that would address
capacities of several areas of the park
and determine where use should be
limited, where it could be expanded,
and strategies for managing use. The
areas contemplated for a visitor use
management plan could include high
use areas like the Bear Lake Road
corridor and the Alpine Visitor Center,
which host hundreds of thousands of
visitors each year. The plan will be
developed over the course of the next
few years and will be done through an
open public process. It is unlikely that
the proposed visitor use management
plan would include areas of the park
with relatively low visitation such as
the East Shore Trail.
5. Comment: Several commenters
stated that the East Shore Trail is
incompatible with mountain biking,
especially during the summertime when
the trail is most popular with hikers.
These commenters felt that bicycling on
the East Shore Trail would disrupt the
serene and quiet environment along the
edge of the lake.
NPS Response: The NPS installed a
trail counter on the East Shore Trail in
2013. The average daily use during the
summer season (July through
September) was 18 people. Saturdays
were the busiest days on the East Shore
Trail, with an average of 43 visitors each
Saturday during the summer season.
This is light trail use when compared to
many other trails in the park. For
example, the nearby East Inlet Trail
averaged more than 550 visitors per day
in 2003 when trail counters were last
deployed at that location. This
documented level of use suggests that
bicyclists and hikers will be able to
share the trail during the summer. The
NPS will mitigate conflicts that arise
through implementation of the adaptive
management strategy. The East Shore
Trail is located outside designated
wilderness and lies adjacent to Shadow
Mountain Lake where motorized use
(motorboats and jet skis) are permitted.
Noise generated by bicycles and
bicyclists would not be substantially
greater than that produced by hikers,
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and would be less than existing noise
from motorized vessels on the nearby
lake.
6. Comment: Several commenters
stated that the East Shore Trail should
be used only by hikers because flat
hiking trails that serve people of all
ages, especially older hikers, are rare.
These commenters stated that it is
important to maintain a balance for
outdoor activities so that visitors of all
skill levels can enjoy the park. These
commenters stated that bicyclists have
many other trails they can use outside
the park.
NPS Response: There are many hiking
trails on the west side of the park with
grades and levels of difficulty that are
similar to the East Shore Trail.
Examples include the North Inlet Trail,
East Inlet Trail, Kawuneeche Valley
Trail, Colorado River Trail, and the
Coyote Valley accessible trail. The East
Shore Trail has been open to hiking,
cross-country skiing, snowshoeing and
equestrians since it was established after
completion of the Shadow Mountain
Reservoir. In 2009, Congress directed
the Secretary of the Interior, acting
through the NPS, to consider the use of
bicycles use on the East Shore Trail. The
NPS evaluated this use through a public
planning process that resulted in the EA
and FONSI. At the conclusion of that
process, the NPS determined that
bicycle use on the East Shore Trail is
appropriate, and with carefully
designed adaptive management
measures could be sustained without
causing unacceptable impacts.
Mountain bike use on the East Shore
Trail is a privilege and not a right. If
unacceptable impacts occur from
bicycle use, the NPS will follow the
adaptive management strategy to
mitigate those impacts with actions
such as trail armoring and trail redesign.
7. Comment: One commenter cited a
study finding that elk and deer exhibit
higher probabilities of flight response
during ATV and mountain bike activity,
in contrast to lower probabilities
observed during hiking and horseback
riding.
NPS Response: Based on information
provided by Colorado Parks and
Wildlife (CPW), the NPS erroneously
stated in the EA that bicycles moving
through the area would have less impact
on wildlife than hikers or equestrians
because they would be in the area for a
shorter period of time. The NPS agrees
with the commenter that less time does
not equate to less disturbance to
wildlife. Bicycle use on the East Shore
Trail would cause wildlife
displacement, but is not expected to rise
to the level of harming wildlife.
Congress directed the NPS to maximize
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the opportunity for sustained use of the
trail without causing harm to affected
resources.
8. Comment: Several commenters
asked how the NPS will pay for trail
maintenance and repair, and how it will
monitor trail activity in a manner that
allows it to implement the adaptive
management strategy.
NPS Response: The FONSI commits
the NPS to increase law enforcement
patrols to two times per week if there
are five or more unique verifiable verbal
or written complaints about conflicts
with bicyclists from May through
September in any year. The Headwaters
Trails Alliance (HTA) will assist the
NPS with keeping bicyclists informed
about trail restrictions. Bike use on the
trail will be a privilege and not a right.
It is in the best interest of the bicycle
riders to observe the rules put in place
by the NPS to avoid restrictive
management actions such as alternate
bicycle days and completely closing the
trail to bicycles.
The FONSI also commits the NPS to
monitor the condition of the trail in
accordance with an adaptive
management strategy. Indicators such as
loss of trail tread and expansion of offtrail resource damage will be met with
management actions such as trail
armoring and new trail design and
edging. The HTA will provide funding
to modify the trail to accommodate bike
use in accordance with NPS trail
standards. The HTA will also provide
funding for trail maintenance that
exceeds what the NPS would normally
do for hiking and equestrian trails.
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 Executive Order 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
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objectives. Executive Order 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.
Reducing Regulation and Controlling
Regulatory Costs (Executive Order
13771)
This final rule is considered an E.O.
13771 deregulatory action because it is
an enabling regulation.
Regulatory Flexibility Act
This rule 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 certification is based on
information contained in the economic
analyses found in the report entitled
‘‘Benefit-Cost and Regulatory Flexibility
Analyses: East Shore Trail at Rocky
Mountain National Park’’ which is
available online at https://
parkplanning.nps.gov/romo by clicking
on the link entitled ‘‘East Shore Trail
Rulemaking for Bicycle Use’’ and then
clicking on the link entitled ‘‘Document
List.’’
Small Business Regulatory Enforcement
Fairness Act
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.
(b) Will 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.
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Unfunded Mandates Reform Act
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. It
addresses public use of national park
lands, and imposes no requirements on
other agencies or governments. A
statement containing the information
required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not
required.
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Takings (Executive Order 12630)
This rule does not effect a taking of
private property or otherwise have
takings implications under Executive
Order 12630. A takings implication
assessment is not required.
Federalism (Executive Order 13132)
Under the criteria in section 1 of
Executive Order 13132, the rule does
not have sufficient federalism
implications to warrant the preparation
of a Federalism summary impact
statement. This rule only affects use of
federally-administered lands and
waters. It has no outside effects on other
areas. A Federalism summary impact
statement is not required.
National Environmental Policy Act
The NPS prepared the EA to
determine whether this rule will have a
significant impact on the quality of the
human environment under the National
Environmental Policy Act of 1969. This
rule does not constitute a major Federal
action significantly affecting the quality
of the human environment. A detailed
statement under the National
Environmental Policy Act is not
required because of the FONSI. A copy
of the EA and FONSI can be found
online at https://parkplanning.nps.gov/
romo by clicking on the link entitled
‘‘East Shore Trail Rulemaking for
Bicycle Use’’ and then clicking on the
link entitled ‘‘Document List.’’
Civil Justice Reform (Executive Order
12988)
This rule complies with the
requirements of Executive Order 12988.
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
(b) Meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
Effects on the Energy Supply (Executive
Order 13211)
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
criteria in Executive Order 13175 and
under the Department’s tribal
consultation policy and have
determined that tribal consultation is
not required because the rule will have
no substantial direct effect on federally
recognized Indian tribes. Nevertheless,
the NPS mailed a letter on April 18,
2013 inviting input specifically from
affiliated Native American tribes and
offering to arrange a site visit. No
response was received.
List of Subjects in 36 CFR Part 7
Paperwork Reduction Act
This rule does not contain
information collection requirements,
and a submission to the Office of
Management and Budget under the
Paperwork Reduction Act is not
required. We may not conduct or
sponsor and you are not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
This rule is not a significant energy
action under the definition in Executive
Order 13211. A Statement of Energy
Effects in not required.
Drafting Information
The primary authors of this regulation
are Larry Gamble of Rocky Mountain
National Park and Jay Calhoun,
Regulations Program Specialist,
National Park Service.
National parks, Reporting and
recordkeeping requirements.
In consideration of the foregoing, the
National Park Service amends 36 CFR
part 7 as set forth below:
PART 7—SPECIAL REGULATIONS,
AREAS OF THE NATIONAL PARK
SYSTEM
1. The authority citation for part 7
continues to read as follows:
■
Authority: 54 U.S.C. 100101, 100751,
320102; Sec. 7.96 also issued under DC Code
10–137 and DC Code 50–2201.07.
2. Add paragraph (f) to § 7.7 to read
as follows:
■
§ 7.7
Rocky Mountain National Park.
(f) Bicycle use on the East Shore Trail.
The Superintendent may designate all
or portions of a 2-mile segment of the
East Shore Trail, extending north from
Shadow Mountain Dam to the park
boundary, as open to bicycle use. A map
showing portions of the East Shore Trail
open to bicycle use will be available at
park visitor centers and posted on the
park website. The Superintendent will
provide notice of all bicycle route
designations in accordance with § 1.7 of
this chapter. The Superintendent may
limit, restrict, or impose conditions on
bicycle use, or close any trail to bicycle
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use, or terminate such conditions,
closures, limits, or restrictions in
accordance with § 4.30 of this chapter.
Jason Larrabee,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks, Exercising the
Authority of the Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2018–04309 Filed 3–1–18; 8:45 am]
BILLING CODE 4312–52–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 36 and 42
RIN 2900–AQ22
Federal Civil Penalties Inflation
Adjustment Act Amendments
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is providing public notice
of inflationary adjustments to the
maximum civil monetary penalties
assessed or enforced by VA, as
implemented by the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015, for calendar
year 2018. VA may impose civil
monetary penalties for false loan
guaranty certifications. Also, VA may
impose civil monetary penalties for
fraudulent claims or written statements
made in connection with VA programs
generally. The Federal Civil Penalties
Inflation Adjustment Act of 1990, as
amended by the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015, sets forth a formula that
increases the maximum statutory
amounts for civil monetary penalties
and directs VA to give public notice of
the new maximum amounts by
regulation. Accordingly, VA is
providing notice of the calendar year
2018 inflationary adjustments that
increase maximum civil monetary
penalties from $21,916 to $22,363 for
false loan guaranty certifications and
from $10,957 to $11,181 for fraudulent
claims or written statements made in
connection with VA programs generally.
DATES: Effective Date: This rule is
effective March 2, 2018.
FOR FURTHER INFORMATION CONTACT:
Michael Shores, Director, Office of
Regulation Policy and Management
(00REG), Department of Veterans
Affairs, 810 Vermont Avenue NW,
Washington, DC 20420, (202) 461–4921.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: On
November 2, 2015, the President signed
into law the Federal Civil Penalties
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SUMMARY:
VerDate Sep<11>2014
16:25 Mar 01, 2018
Jkt 244001
Inflation Adjustment Act Improvements
Act of 2015 (2015 Act) (Pub. L. 114–74,
sec. 701, 129 Stat. 599), which amended
the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410, 104 Stat. 890), to improve the
effectiveness of civil monetary penalties
and to maintain their deterrent effect.
The 2015 Act was codified in a note
following 28 U.S.C. 2461. The 2015 Act
requires agencies to publish annual
adjustments for inflation, based on the
percent change between the Consumer
Price Index (CPI–U) for the month of
October preceding the date of the
adjustment and the prior year’s October
CPI–U. 28 U.S.C. 2461 note 4(b) and
5(b)(1).
Under 38 U.S.C. 3710(g)(4), VA is
authorized to levy civil monetary
penalties against private lenders that
originate VA-guaranteed loans if a
lender falsely certifies that they have
complied with certain credit
information and loan processing
standards, as set forth by chapter 37,
title 38 U.S.C. and part 36, title 38 CFR.
Under section 3710(g)(4)(B), any lender
who knowingly and willfully makes
such a false certification shall be liable
to the United States Government for a
civil penalty equal to two times the
amount of the Secretary’s loss on the
loan involved or to another appropriate
amount, not to exceed $10,000,
whichever is greater. VA implemented
the penalty amount in 38 CFR
36.4340(k)(1)(i) and (k)(3). On June 22,
2016, VA provided public notice of the
adjustment to the $10,000 figure, as
imposed by the 2015 Act’s ‘‘catch up’’
formula. See 81 FR 40523–40525; 81 FR
65551–65552, Sept. 23, 2016. The
‘‘catch up’’ formula imposed an
adjustment from $10,000 to $21,563. See
38 CFR 36.4340(k)(1)(i) and (k)(3). VA
did not publish the calendar year 2017
inflation adjustment. On December 16,
2016, the Office of Management and
Budget (OMB) published Circular M–
17–11. This circular stated that the
inflation adjustment to the previously
increased ‘‘catch up’’ figure was
effectuated by multiplying the ‘‘catch
up’’ figure by 1.01636. Consequently,
the calendar year 2017 inflation revision
imposed an adjustment from $21,563 to
$21,916, rounded to the nearest dollar.
On December 15, 2017, OMB issued
Circular M–18–03. This circular reflects
that the October 2016 CPI–U was
241.729 and the October 2017 CPI–U
was 246.663, resulting in an inflation
adjustment multiplier of 1.02041.
Accordingly, the calendar year 2018
inflation revision imposes an
adjustment from $21,916 to $22,363.
Under 31 U.S.C. 3802, VA can impose
monetary penalties against any person
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Frm 00019
Fmt 4700
Sfmt 4700
8945
who makes, presents, or submits a claim
or written statement to VA that the
person knows or has reason to know is
false, fictitious, or fraudulent, or who
engages in other covered conduct. The
statute permits, in addition to any other
remedy that may be prescribed by law,
a civil penalty of not more than $5,000
for each claim. 31 U.S.C. 3802(a)(1) and
(2). VA implemented the penalty
amount in 38 CFR 42.3(a)(1) and (b)(1).
That amount was subsequently
increased to $5,500. See 61 FR 56449–
56450, Nov.1, 1996. On June 22, 2016,
VA provided public notice of the
adjustment to the $5,500 figure, as
imposed by the 2015 Act’s ‘‘catch up’’
formula. See 81 FR 40523–40525; 81 FR
65551–65552, Sept. 23, 2016. The
‘‘catch up’’ formula imposed an
adjustment from $5,500 to $10,781. See
38 CFR 42.3(a)(1)(iv) and (b)(1). VA did
not publish the calendar year 2017
inflation adjustment. Circular M–17–11
stated that the inflation adjustment to
the previously increased ‘‘catch up’’
figure was effectuated by multiplying
the ‘‘catch up’’ figure by 1.01636.
Consequently, the calendar year 2017
inflation revision imposed an
adjustment from $10,781 to $10,957.
Circular M–18–03 reflects an inflation
adjustment multiplier of 1.02041.
Therefore, the calendar year 2018
inflation revision imposes an
adjustment from $10,957 to $11,181.
Accordingly, VA is revising 38 CFR
36.4340(k)(1)(i) and (k)(3) and 38 CFR
42.3(a)(1) and (b)(1) to reflect the 2018
inflationary adjustments for civil
monetary penalties assessed or enforced
by VA.
Administrative Procedure Act
The Secretary of Veterans Affairs
finds that there is good cause under 5
U.S.C. 553(b)(B) and (d)(3) to dispense
with the opportunity for prior notice
and public comment and to publish this
rule with an immediate effective date.
The 2015 Act requires agencies to make
annual adjustments for inflation to the
allowed amounts of civil monetary
penalties ‘‘notwithstanding section 553
of title 5, United States Code.’’ 28 U.S.C.
2461 note 4(a) and (b). The penalty
adjustments, and the methodology used
to determine the adjustments, are set by
the terms of the 2015 Act. VA has no
discretion to make changes in those
areas. Therefore, an opportunity for
prior notice and public comment and a
delayed effective date is unnecessary.
Executive Orders 12866, 13563, and
13771
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
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]]>Agencies
[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)]
[Rules and Regulations]
[Pages 8940-8945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04309]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-ROMO-24625; PPIMROMO6A PPMRSNR1Z.Y00000]
RIN 1024-AE31
Special Regulations, Areas of the National Park System, Rocky
Mountain National Park; Bicycling
AGENCY: National Park Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Park Service amends the special regulations for
Rocky Mountain National Park to allow bicycle use on a 2-mile segment
of the East Shore Trail located within the park. A portion of this 2-
mile segment will require trail construction to accommodate bicycles
and is therefore considered a new trail. National Park Service
regulations require promulgation of a special regulation to designate
new trails for bicycle use off park roads and outside developed areas.
DATES: This rule is effective on April 2, 2018.
FOR FURTHER INFORMATION CONTACT: Larry Gamble, Chief of Planning and
Project Stewardship, Rocky Mountain National Park, 1000 U.S. Highway
36, Estes Park, CO 80517. Phone (970) 586-1320. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
Rocky Mountain National Park (park) was established in 1915 and is
located in north central Colorado. The approximately 265,761-acre park
contains spectacular scenery that includes majestic mountains, lakes,
rivers, forests, meadows, and abundant wildlife. The East Shore Trail
is a hiking and equestrian trail that runs roughly north/south along
the east shore of Shadow Mountain Lake near the town of Grand Lake,
Colorado. The entire trail is 6.2 miles long and ends at the southern
boundary of the park. The East Shore Trailhead is located south of the
town of Grand Lake. The trailhead and the first 0.7 miles of the trail
are located on land administered by the U.S. Forest Service as part of
the Arapaho National Recreation Area. Bicycle use is currently allowed
only on this 0.7-mile section of the trail. The remaining 5.5 miles of
the East Shore Trail are located within the park. Hiking and fishing
access to the lake is allowed along the trail. This rule applies to the
northernmost 2-mile segment of the East Shore Trail within the park
extending north from Shadow
[[Page 8941]]
Mountain Dam to the park boundary. The 2-mile segment of the East Shore
Trail corridor within the park is bounded on the west by Shadow
Mountain Lake and on the east by designated wilderness.
In January 2014, the National Park Service (NPS) published the East
Shore Trail Environmental Assessment (EA). The EA evaluates (i) the
suitability of the trail for bicycle use; and (ii) life cycle
maintenance costs, safety considerations, methods to prevent or
minimize user conflict, and methods to protect natural and cultural
resources and mitigate impacts associated with bicycle use on the
trail. After a public review period, the Regional Director of the
Intermountain Region signed a Finding of No Significant Impact (FONSI)
in February 2015 that identified the preferred alternative (Alternative
B) in the EA as the selected action.
The EA and FONSI, which contain a full description of the purpose
and need for taking action, scoping, the alternatives considered, maps,
and the environmental impacts associated with the project, may be
viewed on the park's planning website at https://parkplanning.nps.gov/romo, by clicking on the link entitled ``East Shore Trail Rulemaking
for Bicycle Use'' and then clicking on the link entitled ``Document
List.''
Final Rule
This final rule implements the selected action in the FONSI and
authorizes the Superintendent to designate bicycle use on a 2-mile
segment of the East Shore Trail within the park. This segment of the
trail extends north from Shadow Mountain Dam to the park boundary. To
accommodate bicycle use, a 0.25-mile section of the existing trail will
be rerouted to improve public safety, to avoid sensitive natural and
cultural resources, and to provide for sustainability of the trail. NPS
regulations at 36 CFR 4.30 require a rulemaking to implement the
selected action because a portion of the rerouted trail will require
construction and is located in an undeveloped area. Bicycle use will
not be authorized by the Superintendent until the rerouted trail
segments are completed. Rerouting is expected to be completed in 2018.
The rule adds a new paragraph (f) to 36 CFR 7.7--Special
Regulations, Areas of the National Park System for Rocky Mountain
National Park. The rule requires the Superintendent to notify the
public when designating any portion of the trail for bicycle use and to
identify the designation on maps available in the office of the
Superintendent and other places convenient to the public. The rule
authorizes the Superintendent to establish closures, conditions, or
restrictions for bicycle use on designated routes after considering
public health and safety, natural and cultural resource protection, and
other management activities and objectives. Notice of any such
closures, conditions, or restrictions must be provided to the public.
Summary of Public Comments
The NPS published the proposed rule in the Federal Register on
December 1, 2015 (80 FR 75022). In the same document, the NPS also
published notice of a written determination concluding that bicycle use
on the 2-mile trail segment is consistent with the protection of the
park area's natural, scenic and aesthetic values, safety considerations
and management objectives, and would not disturb wildlife or park
resources. The NPS accepted comments on the proposed rule and the
written determination through the mail, hand delivery, and through the
Federal eRulemaking Portal at https://www.regulations.gov. Comments were
accepted through February 1, 2016. The NPS received 35 timely comments.
A summary of comments and NPS responses is provided below. After
considering the public comments and after additional review, the NPS
did not make any changes to the rule or the written determination.
1. Comment: One commenter stated that bicycle use on the portion of
the East Shore Trail that is part of the Continental Divide National
Scenic Trail (CDNST) is inappropriate because such use is inconsistent
with the park's general land and resource management plan.
NPS Response: This comment applies to the northernmost 0.9 mile
segment of the East Shore Trail that may be designated for bicycle use
under this rule. This segment of the trail is part of the CDNST that
was established by Congress in the National Parks and Recreation Act,
Public Law 95-625 (1978) (NPRA) in 1978. The NPRA amended the National
Trails System Act of 1968, Public Law 90-543 (1968) (NTSA) which
governs the administration of national scenic trails, including the
CDNST. The management and use of the CDNST is governed by a
Comprehensive Plan that was most recently amended in 2009. Section
5.b.(2) of the Comprehensive Plan allows for bicycle use on the CDNST
if the use is consistent with the applicable land and resource
management plan and will not substantially interfere with the nature
and purposes of the CDNST.
The Rocky Mountain National Park Final Master Plan was adopted in
January 1976 and remains the general land and resource management plan
for the park. The framework for visitor use in the Master Plan
establishes different zones within the park that, by virtue of their
ease of access or facilities, fall into definable patterns of use.
Management priorities defer to the basic character of a given zone to
provide the visitor use experience for which the zone is most suited.
The Master Plan allows for high-density use where necessary, and allows
for the maintenance of natural conditions in more primitive portions of
the park.
The more primitive portions of the park are those within designated
wilderness, which comprises 95 percent of the park. The park's
wilderness legislation excluded the East Shore Trail area from
designated wilderness. Omnibus Public Land Management Act of 2009,
Public Law 111-11. The East Shore Trail is located within the 5 percent
of the park that--according to the Master Plan--could accommodate high-
density use where appropriate. Although the trail is located outside
designated wilderness, the EA and FONSI do not propose significant
modifications to the East Shore Trail to accommodate high-density use,
but instead propose modest improvements to accommodate low-density use,
including bicycle use, on a single track trail. For these reasons, the
NPS believes the decision to allow bicycle use on the segment of the
East Shore Trail identified in the EA is consistent with the park's
Master Plan.
The NPS also believes that bicycle use is consistent with
Congressional intent for management of the East Shore Trail area. The
NTSA--which governs the administration of the national trails system--
lists ``trail biking'' as a potential use of national scenic trails. 16
U.SC. 1246(j). The NTSA states that ``other uses'' of the trail
system--in addition to campsites, shelters, and related public use
facilities--should be permitted if they do not substantially interfere
with the purposes of the trail. The NTSA also states that reasonable
efforts should be made to provide sufficient access opportunities to
the CDNST and, to the extent practicable, avoid activities incompatible
for the purposes for which such trails were established. 16 U.SC.
1246(c).
The Omnibus Public Land Management Act of 2009 directed the
Secretary of the Interior, acting through the NPS, to establish a route
for the East
[[Page 8942]]
Shore Trail to maximize the opportunity for sustained use of the trail
without causing harm to affected resources or conflicts among users.
Public Law 111-11, sec. 1954(a) (2009). Congress excluded the trail
from designated wilderness and explicitly stated that the Secretary may
allow nonmotorized bicycles on the trail. Public Law 111-11, sec. 1954
(e)(3) (2009).
2. Comment: One commenter stated that bicycle use on the portion of
the East Shore Trail that is part of the CDNST is inappropriate because
such use will substantially interfere with the nature and purposes of
the CDNST, which are to (i) provide high-quality scenic, primitive
hiking and horseback riding opportunities and (ii) conserve natural,
historic, and cultural resources. Other commenters had similar concerns
for the entire 2-mile segment of the East Shore Trail. These commenters
were concerned that allowing bicycle use would conflict with hikers and
equestrians by creating an unsafe environment. Other commenters stated
that bicycles would adversely impact natural resources by disturbing
wildlife and eroding soil.
NPS Response: The NPS believes that allowing bicycle use on the 2-
mile segment of the East Shore Trail identified in the EA and FONSI is
compatible with and will not substantially interfere with opportunities
for high-quality scenic, primitive hiking and horseback riding. As long
as the trail is not closed for management purposes (e.g., hazard tree
removal), hikers and equestrians are free to use the trail every day of
the year. The NPS expects that many interactions between hikers,
equestrians, and bicyclists will not result in a conflict. To the
extent the NPS receives evidence of conflicts between bicyclists and
other user groups, the NPS will implement the adaptive management
strategy identified in the FONSI to reduce the frequency and magnitude
of those conflicts. The most restrictive management action that may be
taken to address visitor conflicts is to close the trail to bicycles.
An intermediate step is to close the trails to bicycles every other
day, which would provide hikers and equestrians an opportunity to use
the trail without the potential for interaction with bicycles. If
alternate bike days are implemented, it will be because of documented
and verifiable conflicts or accidents involving bicyclists. If this
occurs, it does not mean there has been substantial interference with
the purposes of the CDNST. The adaptive management strategy in the
FONSI is designed with low thresholds that trigger management actions
in order to mitigate conflict. The number and severity of incidents
that would trigger the NPS to adopt alternate bike days fall below the
threshold of substantial interference with the provision of high-
quality scenic, primitive hiking and horseback riding opportunities on
the CDNST. Whatever impacts there may be on these opportunities, the
impacts will only apply to a 0.9-mile segment of the CDNST where
bicycle use is allowed within the park. This represents only 6 percent
of the length of the CDNST in the park and 0.03 percent of the total
length of the CDNST.
The NPS also believes that allowing bicycles on the 0.9-mile
segment of the East Shore Trail that is also part of the CDNST is
compatible with and will not substantially interfere with the
conservation of natural, historic, and cultural resources along the
CDNST corridor. The FONSI determined that the construction of the trail
and bicycle use on the trail would not have a significant effect on the
human environment. The EA and FONSI evaluated potential impacts to
natural resources such as soils and wildlife, and cultural resources
such as archeological sites and historic structures. The FONSI
identified mitigation strategies that will be implemented to protect
natural and cultural resources (pages 3-4). The FONSI identifies an
adaptive management strategy to address resource damage from bicycles
(page 5). Indicators such as loss of trail tread and expansion of off-
trail resource damage will be met with trail armoring, increased trail
maintenance, reevaluation of trail design, and--as the most restrictive
measure--elimination of bicycle use on the trail.
3. Comment: One commenter stated that the NPS should not allow
bicycle use on the East Shore Trail until the CDNST Interagency
Leadership Council establishes a carrying capacity that is required by
the NTSA and the Comprehensive Plan.
NPS Response: The CDNST crosses Federal lands administered by the
U.S. Forest Service under the U.S. Department of Agriculture and the
NPS and Bureau of Land Management under the U.S. Department of the
Interior. Programs specific to the CDNST are developed and coordinated
through the CDNST Interagency Leadership Council, consisting of
Regional Foresters for the Forest Service, State Directors for the
Bureau of Land Management, and a Regional Director for the NPS. The
Council provides leadership and oversight to sustain the CDNST and
ensures consistent, coordinated, and effective programs.
The NTSA states that the Comprehensive Plan for the CDNST will
identify a carrying capacity for the trail and a plan for its
implementation. 16 U.S.C. 1244(f). The Comprehensive Plan states that
the policy of the Council is to establish a carrying capacity for the
CDNST that accommodates its nature and purposes. The Comprehensive Plan
states that NPS managers will utilize existing capacity estimates
developed for general park or resource management plans. The Council
has not yet established a carrying capacity for the CDNST and the NPS
has not established a carrying capacity for the East Shore Trail in the
park's Master Plan. Although there is no carrying capacity to guide
management of the trail, the NPS believes it has complied with the
management direction in the Comprehensive Plan that the carrying
capacity determination will consider biophysical environmental needs
and the social capacity factors needed to provide desired recreation
experience opportunities. The EA and the FONSI evaluated the impacts of
bicycle use on the natural environment and on the visitor experience on
the trail. The adaptive management indicators, thresholds, and
management actions that are a part of the decision to allow bicycles on
a 2-mile section of the East Shore Trail are designed to avoid resource
damage and conflicts among bicyclists and other park visitors.
4. Comment: One commenter stated that prior to considering actions
that may degrade the CDNST corridor, the NPS must develop and implement
a General Management Plan (GMP) that recognizes the CDNST as a
Congressionally-designated area. This commenter further stated that the
GMP must comply with the NTSA and the Comprehensive Plan for the CDNST,
and that once programmatic direction is established in the GMP, CDNST
site-specific protection and development plans should be established
that provide for the values of the CDNST.
NPS Response: NPS is required by law to prepare a GMP for the
preservation and use of each National Park System unit that includes
(1) measures for the preservation of the area's resources; (2)
indications of types and general intensities of development (including
visitor circulation and transportation patterns, systems, and modes)
associated with public enjoyment and use of the area, including general
locations, timing of implementation, and anticipated costs; (3)
identification of and implementation of commitments for visitor
carrying capacities for all areas of the System unit; and (4)
indications of potential
[[Page 8943]]
modifications to the external boundaries of the System unit, and the
reasons for the modifications. 54 U.S.C. 100502.
The park's Master Plan was adopted in January 1976 and serves as
the GMP for the park. At this time, the Secretary of the Interior has
not listed the park as needing a revised Master Plan. In May 2013, the
NPS published a Foundation Document for the park which includes
information on park purpose, significance, interpretive themes, and
fundamental resources and values. One of the identified planning needs
in the Foundation Document is a visitor use management plan that would
address capacities of several areas of the park and determine where use
should be limited, where it could be expanded, and strategies for
managing use. The areas contemplated for a visitor use management plan
could include high use areas like the Bear Lake Road corridor and the
Alpine Visitor Center, which host hundreds of thousands of visitors
each year. The plan will be developed over the course of the next few
years and will be done through an open public process. It is unlikely
that the proposed visitor use management plan would include areas of
the park with relatively low visitation such as the East Shore Trail.
5. Comment: Several commenters stated that the East Shore Trail is
incompatible with mountain biking, especially during the summertime
when the trail is most popular with hikers. These commenters felt that
bicycling on the East Shore Trail would disrupt the serene and quiet
environment along the edge of the lake.
NPS Response: The NPS installed a trail counter on the East Shore
Trail in 2013. The average daily use during the summer season (July
through September) was 18 people. Saturdays were the busiest days on
the East Shore Trail, with an average of 43 visitors each Saturday
during the summer season. This is light trail use when compared to many
other trails in the park. For example, the nearby East Inlet Trail
averaged more than 550 visitors per day in 2003 when trail counters
were last deployed at that location. This documented level of use
suggests that bicyclists and hikers will be able to share the trail
during the summer. The NPS will mitigate conflicts that arise through
implementation of the adaptive management strategy. The East Shore
Trail is located outside designated wilderness and lies adjacent to
Shadow Mountain Lake where motorized use (motorboats and jet skis) are
permitted. Noise generated by bicycles and bicyclists would not be
substantially greater than that produced by hikers, and would be less
than existing noise from motorized vessels on the nearby lake.
6. Comment: Several commenters stated that the East Shore Trail
should be used only by hikers because flat hiking trails that serve
people of all ages, especially older hikers, are rare. These commenters
stated that it is important to maintain a balance for outdoor
activities so that visitors of all skill levels can enjoy the park.
These commenters stated that bicyclists have many other trails they can
use outside the park.
NPS Response: There are many hiking trails on the west side of the
park with grades and levels of difficulty that are similar to the East
Shore Trail. Examples include the North Inlet Trail, East Inlet Trail,
Kawuneeche Valley Trail, Colorado River Trail, and the Coyote Valley
accessible trail. The East Shore Trail has been open to hiking, cross-
country skiing, snowshoeing and equestrians since it was established
after completion of the Shadow Mountain Reservoir. In 2009, Congress
directed the Secretary of the Interior, acting through the NPS, to
consider the use of bicycles use on the East Shore Trail. The NPS
evaluated this use through a public planning process that resulted in
the EA and FONSI. At the conclusion of that process, the NPS determined
that bicycle use on the East Shore Trail is appropriate, and with
carefully designed adaptive management measures could be sustained
without causing unacceptable impacts. Mountain bike use on the East
Shore Trail is a privilege and not a right. If unacceptable impacts
occur from bicycle use, the NPS will follow the adaptive management
strategy to mitigate those impacts with actions such as trail armoring
and trail redesign.
7. Comment: One commenter cited a study finding that elk and deer
exhibit higher probabilities of flight response during ATV and mountain
bike activity, in contrast to lower probabilities observed during
hiking and horseback riding.
NPS Response: Based on information provided by Colorado Parks and
Wildlife (CPW), the NPS erroneously stated in the EA that bicycles
moving through the area would have less impact on wildlife than hikers
or equestrians because they would be in the area for a shorter period
of time. The NPS agrees with the commenter that less time does not
equate to less disturbance to wildlife. Bicycle use on the East Shore
Trail would cause wildlife displacement, but is not expected to rise to
the level of harming wildlife. Congress directed the NPS to maximize
the opportunity for sustained use of the trail without causing harm to
affected resources.
8. Comment: Several commenters asked how the NPS will pay for trail
maintenance and repair, and how it will monitor trail activity in a
manner that allows it to implement the adaptive management strategy.
NPS Response: The FONSI commits the NPS to increase law enforcement
patrols to two times per week if there are five or more unique
verifiable verbal or written complaints about conflicts with bicyclists
from May through September in any year. The Headwaters Trails Alliance
(HTA) will assist the NPS with keeping bicyclists informed about trail
restrictions. Bike use on the trail will be a privilege and not a
right. It is in the best interest of the bicycle riders to observe the
rules put in place by the NPS to avoid restrictive management actions
such as alternate bicycle days and completely closing the trail to
bicycles.
The FONSI also commits the NPS to monitor the condition of the
trail in accordance with an adaptive management strategy. Indicators
such as loss of trail tread and expansion of off-trail resource damage
will be met with management actions such as trail armoring and new
trail design and edging. The HTA will provide funding to modify the
trail to accommodate bike use in accordance with NPS trail standards.
The HTA will also provide funding for trail maintenance that exceeds
what the NPS would normally do for hiking and equestrian trails.
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 Executive Order
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
[[Page 8944]]
objectives. Executive Order 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.
Reducing Regulation and Controlling Regulatory Costs (Executive Order
13771)
This final rule is considered an E.O. 13771 deregulatory action
because it is an enabling regulation.
Regulatory Flexibility Act
This rule 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 certification is based on information
contained in the economic analyses found in the report entitled
``Benefit-Cost and Regulatory Flexibility Analyses: East Shore Trail at
Rocky Mountain National Park'' which is available online at https://parkplanning.nps.gov/romo by clicking on the link entitled ``East Shore
Trail Rulemaking for Bicycle Use'' and then clicking on the link
entitled ``Document List.''
Small Business Regulatory Enforcement Fairness Act
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.
(b) Will 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.
Unfunded Mandates Reform Act
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. It addresses public
use of national park lands, and imposes no requirements on other
agencies or 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)
This rule does not effect a taking of private property or otherwise
have takings implications under Executive Order 12630. A takings
implication assessment is not required.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, the rule
does not have sufficient federalism implications to warrant the
preparation of a Federalism summary impact statement. This rule only
affects use of federally-administered lands and waters. It has no
outside effects 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.
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
(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 criteria in Executive Order 13175 and under the
Department's tribal consultation policy and have determined that tribal
consultation is not required because the rule will have no substantial
direct effect on federally recognized Indian tribes. Nevertheless, the
NPS mailed a letter on April 18, 2013 inviting input specifically from
affiliated Native American tribes and offering to arrange a site visit.
No response was received.
Paperwork Reduction Act
This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget under the Paperwork
Reduction Act is not required. We may not conduct or sponsor and you
are not required to respond to a collection of information unless it
displays a currently valid OMB control number.
National Environmental Policy Act
The NPS prepared the EA to determine whether this rule will have a
significant impact on the quality of the human environment under the
National Environmental Policy Act of 1969. This rule does not
constitute a major Federal action significantly affecting the quality
of the human environment. A detailed statement under the National
Environmental Policy Act is not required because of the FONSI. A copy
of the EA and FONSI can be found online at https://parkplanning.nps.gov/romo by clicking on the link entitled ``East Shore Trail Rulemaking for
Bicycle Use'' and then clicking on the link entitled ``Document List.''
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 in not
required.
Drafting Information
The primary authors of this regulation are Larry Gamble of Rocky
Mountain National Park and Jay Calhoun, Regulations Program Specialist,
National Park Service.
List of Subjects in 36 CFR Part 7
National parks, Reporting and recordkeeping requirements.
In consideration of the foregoing, the National Park Service amends
36 CFR part 7 as set forth below:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
0
1. The authority citation for part 7 continues to read as follows:
Authority: 54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also
issued under DC Code 10-137 and DC Code 50-2201.07.
0
2. Add paragraph (f) to Sec. 7.7 to read as follows:
Sec. 7.7 Rocky Mountain National Park.
(f) Bicycle use on the East Shore Trail. The Superintendent may
designate all or portions of a 2-mile segment of the East Shore Trail,
extending north from Shadow Mountain Dam to the park boundary, as open
to bicycle use. A map showing portions of the East Shore Trail open to
bicycle use will be available at park visitor centers and posted on the
park website. The Superintendent will provide notice of all bicycle
route designations in accordance with Sec. 1.7 of this chapter. The
Superintendent may limit, restrict, or impose conditions on bicycle
use, or close any trail to bicycle
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use, or terminate such conditions, closures, limits, or restrictions in
accordance with Sec. 4.30 of this chapter.
Jason Larrabee,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks,
Exercising the Authority of the Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 2018-04309 Filed 3-1-18; 8:45 am]
BILLING CODE 4312-52-P
