[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Rules and Regulations]
[Pages 24210-24213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10170]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-BRCA-17884; PA.PD191235A.00.3]
RIN 1024-AE23


Special Regulations, Areas of the National Park System, Bryce 
Canyon National Park, Bicycling

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: The National Park Service is planning to construct a paved, 
multi-use visitor path in Bryce Canyon National Park. The path will be 
approximately 6.2 miles long and be open to several uses, including 
running, walking, and bicycling. National Park Service regulations 
require promulgation of a special regulation to designate new routes 
for bicycle use off park roads and outside developed areas.

DATES: This rule is effective June 1, 2015.

FOR FURTHER INFORMATION CONTACT: Daniel J. Cloud, Chief of Facility 
Management, Bryce Canyon National Park, P.O. Box 640201, Bryce Canyon, 
UT 84764-0201. Phone: (435) 834-4720. Email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Bryce Canyon National Park (BRCA or park) is in south-central Utah. 
The park encompasses approximately 35,835 acres and ranges between 
6,600 and 9,100 feet in elevation. BRCA was originally established as a 
national monument by presidential proclamation in 1923. The park was 
renamed Utah National Park in 1924, and the name was changed to Bryce 
Canyon National Park in 1928.
    The park's most noted feature is the eroded landscape below the 
east rim of the Paunsaugunt Plateau. The erosional force of frost-
wedging and the dissolving power of rainwater have worn away the 
colorful and weak limestone rock into bizarre shapes, including slot 
canyons, windows, fins, and spires called ``hoodoos.'' Because the park 
transcends 2,500 feet of elevation, the park exists in three distinct 
climatic zones characterized by spruce/fir forest, ponderosa pine 
forest, and pinyon pine/juniper woodlands. The diversity of forest and 
meadow habitats provides a high degree of plant and animal diversity. 
BRCA is also one of the best places to experience a truly dark night 
sky.
    The park's purpose statement, which provides the foundation for 
park management, administration, and use decisions, states that ``Bryce 
Canyon National Park protects and conserves resources integral to a 
landscape of unusual scenic beauty exemplified by highly colored and 
fantastically eroded geological features, including rock fins and 
spires, for the benefit and enjoyment of the people.'' (May 2014 
Foundation Document). The park's Foundation Document identifies 
``increased use of alternative transportation (e.g., biking, hiking) 
within and surrounding the park'' as an opportunity to protect clean 
air--one of the fundamental resources of the park. The proposal to 
construct a multi-use path in the park will support the park's purpose 
statement by providing a new opportunity for safe enjoyment and 
protection of the fundamental resources in the park.

Purpose of the Multi-Use Path

    The primary purpose of the multi-use path is to relieve safety 
problems for visitors of all ages who choose to use non-motorized 
transportation to experience the park and adjacent United States Forest 
Service (USFS) areas near Bryce Canyon City. Increases in visitation of 
the park (30% increase between 2008 and 2012) are leading to 
transportation system capacity problems and traffic congestion. 
Cyclists and pedestrians need a way to travel to and within the park 
that is safer, provides a better visitor experience, and promotes non-
motorized travel between nearby communities and the park as well as 
between key destinations in the park.
    The path will enhance the park's transportation system by 
connecting the park's gateway communities with high visitor use areas 
along the canyon rim in the Bryce Amphitheater and with other key 
features of the park. The proposed path will also connect to the 
existing transportation system, including visitor shuttle buses, hiking 
trails and walking paths, parking lots, and roads. This will link major 
visitor attractions and facilities with both non-motorized and 
motorized transportation modes. Visitor safety will be improved

[[Page 24211]]

by separating motor vehicles from bicyclists, pedestrians, and other 
non-motorized user groups where possible.
    The multi-use path will consist of two contiguous sections 
constructed in two phases. The first segment will be approximately 3.9 
miles long. This segment will begin at the park boundary near the main 
park road to/from Bryce Canyon City. The path will roughly parallel the 
main park road and continue to the visitor center and North Campground 
area. The path will then run southeast toward the canyon rim, behind 
the General Store and Lodge area, and to the Sunset Point parking lot 
where it will turn back to parallel the main park road. The path will 
then leave the main park road and branch toward Inspiration Point 
parking area. The NPS intends to complete construction of the first 
segment by the fall 2015.
    The second segment will be approximately 2.3 miles long and will 
mostly follow Bryce Point road to a terminus at a trailhead just below 
the Bryce Point parking area. The NPS will construct the second segment 
as resources become available.
    In total, the path will be approximately 6.2 miles long within the 
boundary of the park. No portion of the proposed path will be 
constructed below the canyon rim on park lands, nor in proposed 
wilderness areas inside the park. For most locations, the path will 
consist of a 10-foot wide paved asphalt surface. The path will 
generally parallel the main park road to provide separation between 
users and vehicles to reduce the likelihood of related safety problems. 
Spurs from the main path alignment will be designed to provide visitor 
access to key viewpoints and other landscape features. The path will 
continue outside of the boundary of the park through Bryce Canyon City 
and Dixie National Forest. This will provide a safe, efficient, and 
family-friendly way to access these connected areas.

Environmental Assessment

    In September 2014, the NPS published the Multi-use Visitor Path 
Environmental Assessment (EA). On December 23, 2014, the Regional 
Director for the Intermountain Region signed a Finding of No 
Significant Impact (FONSI) that identified the preferred alternative 
(Alternative Alignment A) in the EA as the selected action. The rule 
implements the selected action as described in the EA and the FONSI. 
The EA and the FONSI, which contain a full description of the purpose 
and need for taking action, scoping, the alternatives considered, maps 
of the proposed multi-use path, and the environmental impacts 
associated with the project, may be viewed on the park's planning Web 
site at http://parkplanning.nps.gov/brca, by clicking on the link 
entitled ``Bryce Canyon National Park Multi-Use Path'' and then 
clicking on the link entitled ``Document List.''

Final Rule

    The rule complies with the requirement of 36 CFR 4.30, which 
requires a special regulation to designate new bicycle routes off park 
roads and outside of developed areas. The EA and FONSI address bicycle 
use on the multi-use path and evaluate (i) the suitability of the trail 
surface for bicycle use; and (ii) life cycle maintenance costs, safety 
considerations, methods to prevent or minimize user conflict, methods 
to protect natural and cultural resources and mitigate impacts, and 
integration with commercial services and alternative transportation 
systems in compliance with 36 CFR 4.30(d)(1)-(2).
    The rule adds a new section 7.94 to 36 CFR part 7--Special 
Regulations, Areas of the National Park Service for Bryce Canyon 
National Park. The rule authorizes the superintendent to designate all 
or a portion of two segments of the proposed 6.2-mile-long multi-use 
path as a route for bicycle use. The Superintendent will notify the 
public of any such designation through one or more of the methods 
outlined in 36 CFR 1.7, and place the designation on maps that are 
available in the office of the Superintendent and other places 
convenient to the public.
    The rule also authorizes the superintendent to establish closures 
or restrictions for bicycle use on designated routes after considering 
public health and safety, resource protection, and other management 
activities and objectives, provided public notice is given under 36 CFR 
1.7.

Summary of Public Comments

    We published the proposed rule at 79 FR 70137 (November 25, 2014). 
We accepted comments through the mail, hand delivery, and through the 
Federal eRulemaking Portal at http://www.regulations.gov. Comments were 
accepted through January 26, 2015, and we received eight timely 
comments. Seven comments supported the proposed rule and did not 
request any change. One comment opposed the proposed rule. A summary of 
this comment and the NPS response is provided below. After considering 
the public comments and after additional review, we did not make any 
changes in the final rule.
    Comment: One comment stated that mountain biking is harmful to 
wildlife, people, and the environment. Specifically, this comment 
raised concerns that mountain biking destroys habitat, accelerates 
erosion, kills animals and plants, and creates conflicts with wildlife 
and other park visitors, including hikers and equestrians.
    NPS Response: This rule allows the superintendent to authorize 
bicycle use on the paved, shared-use path, and not off-trail or on non-
paved, soft-surface trails. The multi-use path will not be a soft 
surface backcountry mountain bike path, and will not go below the 
canyon rim on park lands, or in proposed wilderness areas inside the 
park. The path will use a hardened surface to accommodate a wide range 
of non-motorized uses in the front country only. Potential impacts to 
park resources, including wildlife and habitat, soils, special status 
species and vegetation, as well as impacts to visitor use and 
experience were evaluated in the EA. Adverse impacts to these resources 
and visitor use were determined to be minor. The FONSI documented the 
finding that no significant impacts will occur, and concluded that 
bicycle use on the proposed path does not pose any significant impact 
that would rise to the levels that would constitute impairment.

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 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

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an open exchange of ideas. We have developed this rule in a manner 
consistent with these requirements.

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 ``Cost-
Benefit Analysis: Proposed Regulations to Designate New Routes for 
Bicycle Use in Bryce Canyon National Park'' which is available online 
at http://parkplanning.nps.gov/brca by clicking on the link entitled 
``Bryce Canyon National Park Multi-Use Path'' 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 affect 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 NPS 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. 
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
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Consultation With Indian Tribes (Executive Order 13175 and Department 
Policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian Tribes and recognition of their 
right to self-governance and tribal sovereignty. We have evaluated this 
rule under the Department's consultation policy and under the criteria 
in Executive Order 13175. During the environmental assessment process, 
we consulted with the 10 Native American groups associated with BRCA 
and determined that there are no substantial direct effects on 
federally recognized Indian tribes.

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

    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 of 1969 is not required 
because we reached the FONSI. A copy of the EA and FONSI can be found 
online at http://parkplanning.nps.gov/brca by clicking on the link 
entitled ``Bryce Canyon National Park Multi-Use Path'' 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 author of this regulation is Jay 
P. 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:  16 U.S.C. 1, 3, 9a, 462(k); Sec. 7.96 also issued 
under 36 U.S.C. 501-511, D.C. Code 10-137 (2001) and D.C. Code 50-
2201.07 (2001).


0
2. Add Sec.  7.94 to read as follows:


Sec.  7.94  Bryce Canyon National Park.

    (a) The Superintendent may designate for bicycle use routes or 
portions of routes on the following sections of the park's multi-use 
recreational path:
    (1) A section between the park boundary near Bryce Canyon City and 
Inspiration Point parking area (approximately 3.9 miles);
    (2) A section between the intersection of Bryce Point road and 
Inspiration Point road, and a trailhead near Bryce Point parking area 
(approximately 2.3 miles).
    (b) The Superintendent will provide notice of all bicycle route 
designations through one or more of the methods listed in Sec.  1.7 of 
this chapter, and place the designations on maps that are available in 
the office of the Superintendent and other places convenient to the 
public.
    (c) The Superintendent may open or close designated bicycle routes, 
or portions thereof, or establish conditions or restrictions for 
bicycle use after considering public health and safety, natural and 
cultural resource protection, carrying capacity, and other management 
activities and objectives.
    (1) The Superintendent will provide public notice of all such 
actions through one or more of the methods listed in Sec.  1.7 of this 
chapter.
    (2) Violating a closure, condition, or restriction is prohibited.


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    Dated: April 17, 2015.
Michael Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2015-10170 Filed 4-29-15; 8:45 am]
 BILLING CODE 4310-EJ-P