[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]


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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

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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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 http://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 http://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 http://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 http://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

[[Page 8945]]

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