[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)]
[Proposed Rules]
[Pages 75022-75024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30348]



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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-ROMO-19562; PPIMROMO6P PPMPSAS1Z.YP0000]
RIN 1024-AE31


Special Regulations, Areas of the National Park System, Rocky 
Mountain National Park

AGENCY: National Park Service, Interior.

ACTION: Proposed rule; notice of determination.

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SUMMARY: The National Park Service proposes to amend 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 
activities to accommodate bicycles and is therefore considered a new 
trail that will be opened to bicycles. National Park Service 
regulations require promulgation of a special regulation to designate 
new trails for bicycle use off park roads and outside developed areas. 
National Park Service regulations require publication of notice in the 
Federal Register providing the public at least 30 days to review and 
comment on a written determination supporting bicycle use on an 
existing trail.

DATES: Comments on the proposed rule and the notice of determination 
must be received by 11:59 p.m. EST on February 1, 2016.

ADDRESSES: You may submit comments, identified by Regulation Identifier 
Number (RIN) 1024-AE31, by either of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail or hand deliver to: Superintendent, Rocky Mountain 
National Park, 1000 U.S. Highway 36, Estes Park, CO 80517.
    Instructions: Comments will not be accepted by fax, email, or in 
any way other than those specified above. All submissions received must 
include the words ``National Park Service'' or ``NPS'' and must include 
the docket number or RIN (1024-AE31) for this rulemaking. Comments 
received will be posted without change to http://www.regulations.gov, 
including any personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Larry Gamble, Chief of Planning and 
Compliance, 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 approximate 265,761-acre park 
contains spectacular scenery that includes majestic mountains, lakes, 
rivers, forests, meadows, and abundant wildlife. The East Shore Trail 
is an existing hiking 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 
permitted 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 are allowed along the trail. The proposed 
rule applies to the northernmost 2-mile segment of the East Shore Trail 
within the park extending north from Shadow Mountain Dam to the park 
boundary. Within this 2-mile segment, livestock (horses, mules, and 
llamas) are permitted on the northernmost 0.9 mile of the trail, which 
is also part of the Continental Divide National Scenic Trail. 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 selected the preferred alternative (Alternative 
B) described in the EA.
    At the same time that the Regional Director signed the FONSI, the 
Superintendent signed 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. This written determination is attached to 
the FONSI and appears on page 15 of that document. The FONSI concludes 
that a 1.75-mile section of the trail is an ``existing trail'' under 36 
CFR 4.30 and that bicycle use on that section of the trail will have no 
significant impacts. Bicycle use therefore may be authorized on that 
section of the trail after the written determination is published in 
the Federal Register with a minimum 30-day public review and comment 
period, after consideration of any comments submitted on the written 
determination, and after the Regional Director approves the written 
determination. The FONSI separately concludes that, due to rerouting 
and trail modifications, a 0.25-mile section of the trail that has not 
yet been constructed is a ``new trail'' under 36 CFR 4.30 and therefore 
requires promulgation of a special regulation before allowing bicycle 
use on this portion of the trail. The NPS has determined that, instead 
of publishing two documents in the Federal Register (notice of the 
written determination and this proposed rule), it would be more 
efficient to consolidate both documents into a single one, publish a 
single document in the Federal Register, and allow the public 60 days 
to comment at the same time on both the written determination for the 
1.75-mile section of existing trail and the proposed rule that would 
allow the Superintendent to designate all or portions of the 2-mile 
segment of the East Shore Trail for bicycle use.
    The EA, FONSI, and written determination, 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 Web site at 
http://parkplanning.nps.gov/romo, by clicking on the link entitled 
``East Shore Trail Environmental Assessment'' and then clicking on the 
link entitled ``Document List.''

Proposed Rule

    This proposed rule would implement the selected action in the FONSI 
and authorize 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

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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 this 
decision because a portion of the rerouted trail will require trail 
construction activities and is located in an undeveloped area. Bicycle 
use would not be authorized by the Superintendent until the rerouted 
trail segments are completed. Rerouting is expected to be completed by 
2017.
    The proposed rule would add a new paragraph (f) to section 7.7--
Special Regulations, Areas of the National Park System for Rocky 
Mountain National Park. The proposed rule would require the 
Superintendent to notify the public of any designation of the trail for 
bicycle use through one or more of the methods listed in 36 CFR 1.7, 
and identify the designation on maps available in the office of the 
Superintendent and other places convenient to the public.
    The rule would also authorize the superintendent to establish 
closures, conditions, or restrictions for bicycle use on designated 
routes in accordance with 36 CFR 4.30(f).

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 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 
``Benefit-Cost and Regulatory Flexibility Analyses: East Shore Trail at 
Rocky Mountain National Park'' which is available online at http://parkplanning.nps.gov/romo by clicking on the link entitled ``East Shore 
Trail Environmental Assessment'' 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 proposed 
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

    We have 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 would 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 we reached a FONSI. A 
copy of the EA and FONSI can be found online at http://

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parkplanning.nps.gov/romo by clicking on the link entitled ``East Shore 
Trail Environmental Assessment'' 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.

Clarity of This Rule

    We are required by Executive Orders 12866 (section 1(b)(12)) and 
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use common, everyday words and clear language rather than 
jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that you find unclear, which sections or sentences are 
too long, the sections where you feel lists or tables would be useful, 
etc.

Drafting Information

    The primary authors of this regulation are Larry Gamble of Rocky 
Mountain National Park, Jay Calhoun, Regulations Program Specialist, 
National Park Service, and Andee Sears of the Alaska Regional Office.

Public Participation

    It is the policy of the Department of the Interior, whenever 
practicable, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons may submit written 
comments regarding this proposed rule by one of the methods listed in 
the ADDRESSES section of this document.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

List of Subjects in 36 CFR Part 7

    National parks, Reporting and Recordkeeping requirements.

    In consideration of the foregoing, the National Park Service 
proposes to amend 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 D.C. Code 10-137 and D.C. 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 Web site. 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 use, or terminate such conditions, 
closures, limits, or restrictions in accordance with Sec.  4.30 of this 
chapter.

    Dated: November 19, 2015.
Karen Hyun,
Acting Principal Deputy Assistant Secretary for Fish and Wildlife and 
Parks.
[FR Doc. 2015-30348 Filed 11-30-15; 8:45 am]
BILLING CODE 4310-EJ-P