Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Proposed Rules 12761 

1Availability of E-Tag Information to Commission 

Staff, 135 FERC ¶ 61,052 (2011). 

RM11–12–000, by any of the following 

methods: 

• Agency Web Site: http:// 

www.ferc.gov. Documents created 

electronically using word processing 

software should be filed in native 

applications or print-to-PDF format and 

not in a scanned format. 

• Mail/Hand Delivery: Commenters 

unable to file comments electronically 

must mail or hand deliver an original of 

their comments to: Federal Energy 

Regulatory Commission, Office of the 

Secretary, 888 First Street NE., 

Washington, DC 20426. 

FOR FURTHER INFORMATION CONTACT: 

Maria Vouras (Technical Information), 

Office of Enforcement, Federal Energy 

Regulatory Commission, 888 First 

Street NE., Washington, DC 20426, 

Telephone: (202) 502–8062, Email: 

maria.vouras@ferc.gov. 

Gary D. Cohen (Legal Information), 

Office of the General Counsel, Federal 

Energy Regulatory Commission, 888 

First Street NE., Washington, DC 

20426, Telephone: (202) 502–8321, 

Email: gary.cohen@ferc.gov. 

SUPPLEMENTARY INFORMATION: 

Notice Providing for Reply Comments 

(February 23, 2012). 

On April 21, 2011, the Commission 

issued a Notice of Proposed Rulemaking 

(NOPR) in the above-referenced 

proceeding 1 proposing to require the 

Commission-certified Electric 

Reliability Organization to make 

available to Commission staff, on an 

ongoing basis, access to complete 

electronic tagging data used to schedule 

the transmission of electric power in 

wholesale markets. Initial comments on 

this NOPR were due on June 29, 2011. 

The Commission is providing interested 

parties with an opportunity to file reply 

comments on the NOPR. These reply 

comments may also address whether the 

Commission should require entities that 

create e-Tags or distribute them for 

approval to provide the Commission 

with viewing rights to the e-Tags. 

By this notice, reply comments 

should be filed on or before March 26, 

2012. 

Dated: February 23, 2012. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2012–5002 Filed 3–1–12; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

RIN 1024–AE08 

Special Regulations; Areas of the 

National Park System, Saguaro 

National Park, Bicycle Route 

AGENCY: National Park Service, Interior. 

ACTION: Proposed rule. 

SUMMARY: The National Park Service 

(NPS) is proposing to designate the 

Hope Camp Trail as a bicycle route 

within Saguaro National Park (Park). 

The National Park Service general 

regulation at 36 CFR 4.30(b) requires 

promulgation of a special regulation to 

designate bicycle routes outside of 

developed areas and special use zones. 

DATES: Comments must be received by 

May 1, 2012. 

ADDRESSES: You may submit comments, 

identified by the Regulation Identifier 

Number (RIN) 1024–AE08, by any of the 

following methods: 

• Federal rulemaking portal http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail or hand deliver to: 

Superintendent, Saguaro National Park, 

3693 South Old Spanish Trail, Tucson, 

AZ 85730–5601. 

FOR FURTHER INFORMATION CONTACT: Bob 

Love, Chief Ranger, Saguaro National 

Park, 520–591–1013. 

SUPPLEMENTARY INFORMATION: 

Background 

Legislation and Purposes of Saguaro 

National Park 

Due to the exceptional growth of 

various species of cacti, including the 

giant saguaro cactus, and because of 

outstanding scientific interest, Saguaro 

National Park was initially reserved as 

a National Monument on March 1, 1933 

(Presidential Proclamation No. 2032, 47 

Stat. 2557). 

In 1961, Presidential Proclamation 

No. 3439 (76 Stat. 1437) enlarged the 

boundaries of the Saguaro National 

Monument to include certain lands 

within the Tucson Mountains 

containing a remarkable display of 

relatively undisturbed lower Sonoran 

desert vegetation, including a 

spectacular saguaro stand. 

In October 1976, Public Law 94–567 

(90 Stat. 2692) designated parts of 

Saguaro National Monument as a 

wilderness area, known as the Saguaro 

Wilderness. 

On June 19, 1991, Congress passed 

Public Law 102–61 that included the 

‘‘Saguaro National Monument 

Expansion Act of 1991’’ (105 Stat. 303) 

to authorize the addition of 

approximately 3,540 acres to the Rincon 

unit of Saguaro National Monument in 

order to protect, preserve, and interpret 

the monument’s resources, and to 

provide for education and benefit to the 

public. 

Under the Saguaro National Park 

Establishment Act of 1994 (16 U.S.C. 

410zz), Saguaro National Monument 

was renamed Saguaro National Park. 

The Park is an important national 

resource visited by approximately 

700,000 people annually. It 

encompasses/includes approximately 

91,450 acres, 71,400 acres of which are 

designated as wilderness. The Park has 

two Districts—the Rincon Mountain 

District east of Tucson and the Tucson 

Mountain District west of Tucson. Both 

are within Pima County, Arizona, and 

are separated by the city of Tucson. The 

Park protects a superb example of the 

Sonoran Desert ecosystem, featuring 

exceptional stands of Saguaro cacti. The 

Saguaro is the tallest cactus in the 

United States, and is recognized 

worldwide as an icon of the American 

Southwest. 

The Hope Camp Trail is a 2.8 mile 

long hiking and equestrian trail that 

originates at the Loma Alta Trailhead 

and travels east through the 

southwestern portion of the Park’s 

Rincon Mountain District to the Arizona 

State Trust Lands boundary beyond 

Hope Camp. The trail generally 

traverses relatively even terrain and 

rolling hills, and is lined with a variety 

and abundance of desert trees and 

shrubs. The trail is not within proposed, 

recommended, or designated 

wilderness. 

Prior to NPS acquisition in the mid 

1990s, the land was part of a privatelyowned ranch, and the trail route was a 

graded dirt road used to support 

ranching operations. The former owner 

also allowed the route to be used for 

recreational purposes, including hiking, 

equestrian and bicycle use. Shortly after 

acquiring the land, NPS closed the route 

to motor vehicles and bicycles. The trail 

is currently open to hiker and 

equestrian use only. Although closed to 

vehicular traffic, the route remains 

approximately 14 feet wide, allowing 

adequate room for two-way passage of 

diverse user groups. 

General Management Plan 

The Park’s General Management Plan/ 

Environmental Impact Statement (GMP) 

was completed in 2008. The GMP may 

be viewed online at http:// 

parkplanning.nps.gov/sagu. 

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12762 Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Proposed Rules 

The purposes of the GMP are as 

follows: 

• Confirm the purpose, significance, 

and special mandates of the Park. 

• Clearly define resource conditions 

and visitor uses and experiences to 

be achieved at the Park. 

• Provide a framework for NPS 

managers to use when making 

decisions about how to: 

Æ Best protect Park resources; 

Æ Provide quality visitor uses and 

experiences; and 

Æ Manage visitor uses, and what 

kinds of facilities, if any, to develop in/ 

near the Park. 

• Ensure that a foundation for decision 

making has been developed in 

consultation with interested 

stakeholders and adopted by NPS 

leadership after an adequate 

analysis of the benefits, impacts, 

and economic cost of alternative 

courses of action. 

The GMP identifies six different 

management zones, which are specific 

descriptions of desired conditions for 

Park resources and visitor experiences 

in different areas of the Park. As 

identified in the GMP, the Hope Camp 

Trail lies within the Natural Zone. 

Under the GMP, activities within the 

Natural Zone would include hiking, 

horseback riding, running, bicycling, 

and viewing flora and fauna. The zone 

is available for day use only, and 

visitors are required to stay on trails. 

The GMP provides that bicycling 

opportunities will be explored along the 

Hope Camp Trail. 

Comprehensive Trails Management 

Plan/Environmental Assessment 

In November 2005, the Park initiated 

the development of a Comprehensive 

Trails Management Plan/Environmental 

Assessment (Plan/EA) for the Park. 

Internal scoping occurred with Park 

staff, planning professionals from the 

NPS Intermountain Support Office, 

along with representatives from the U.S. 

Forest Service and the Sonoran 

Institute. External scoping included 

mailing and distribution of three 

separate newsletters, four public open 

house meetings and a 60-day public 

comment period. As a result of this 

process, four alternatives for the Park’s 

Rincon Mountain District (including a 

no action alternative) were identified for 

public comments. Two alternatives 

called for conversion of the Hope Camp 

Trail into a multi-use trail, to include 

the use of mountain bicycles, and two 

alternatives kept the trail open to hikers 

and equestrians only. During the public 

comment period on the draft Plan/EA, 

the NPS considered 253 pieces of 

correspondence, containing a total of 

638 comments on the draft Plan/EA 

alternatives. 

The objectives of the Plan/EA are to: 

• Prevent impairment and 

unacceptable impacts on natural and 

cultural resources. 

• Provide reasonable access to the 

trails network and trailheads. 

• Eliminate unnecessary and parallel/ 

duplicate trails. 

• Ensure that the resulting trails 

network is safe and maintainable. 

• Provide for a clearly designated trail 

system. 

• Provide for a variety of trail 

experiences. 

The Plan/EA was completed in 2009. 

The selected alternative and the Finding 

of No Significant Impact (FONSI), 

signed by the NPS Intermountain 

Regional Director on July 31, 2009, calls 

for the conversion of the Hope Camp 

Trail to a multi-use trail, including 

bicycling. The Plan/EA and FONSI may 

be viewed online at http://www.nps.gov/ 

sagu/parkmgmt/trails. 

History of Bicycle Use 

A 2003 rulemaking authorized bicycle 

use on the 2.5 mile Cactus Forest Trail 

that bisects the paved, 8-mile-long 

Cactus Forest Loop Drive in the Rincon 

Mountain District of the Park. This rule 

does not address the Cactus Forest Trail, 

which remains open to bicycle use, as 

well as hiker and equestrian use. This 

bicycle trail has recently been used to 

introduce underserved youth to the Park 

and the NPS via mountain bike and 

educational fieldtrips as part of the 

‘‘Trips for Kids’’ program. Currently, 

this is the only trail in the Park open to 

bicycle use. 

Authorizing Bicycle Use 

This proposed rule would designate 

as a bicycle route and open to bicycle 

use, the approximate 2.8 mile Hope 

Camp Trail, from the Loma Alta 

Trailhead east to the Arizona State Trust 

Lands boundary, approximately .2 miles 

beyond Hope Camp. Park staff, 

volunteer organizations, and local 

interest groups would monitor and 

mitigate the environmental impacts of 

mountain bike use on the Hope Camp 

Trail to ensure that the trail is 

maintained in good condition and that 

issues of concern are immediately 

brought to the attention of Park 

management. 

Compliance With Other Laws and 

Executive Orders 

Regulatory Planning and Review 

(Executive Order 12866) 

This document is not a significant 

rule and the Office of Management and 

Budget has not reviewed this rule under 

Executive Order 12866. 

(1) This rule will not have an effect of 

$100 million or more on the economy. 

It will not adversely affect in a material 

way the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities. 

(2) This rule will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency. This is an agency 

specific rule, supported by the Pima 

County (AZ) Parks and Recreation 

Department. 

(3) This rule does not alter the 

budgetary effects of entitlements, grants, 

user fees, or loan programs or the rights 

or obligations of their recipients. 

(4) This rule does not raise novel legal 

or policy issues. This rule implements 

36 CFR 4.30 which requires the 

promulgation of special regulations for 

the designation of bicycle routes outside 

of developed areas and special use 

zones. 

Regulatory Flexibility Act (RFA) 

The Department of the Interior 

certifies that this document would not 

have a significant economic effect on a 

substantial number of small entities 

under the RFA (5 U.S.C. 601 et seq.). 

This certification is based on 

information contained in the report 

titled, ‘‘Cost-Benefit and Regulatory 

Flexibility Analyses for Designating 

Bicycle Trails in Saguaro National Park’’ 

that is available for review at http:// 

www.nps.gov/sagu/parkmgmt/trails. 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

This rule is not a major rule under 5 

U.S.C. 804(2), the SBREFA. This rule: 

a. Does not have an annual effect on 

the economy of $100 million or more. 

b. Would 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. 

There are no businesses in the 

surrounding area economically 

dependent on bicycle use of this trail. 

The park does not have any bicycle 

rental concessioners and current users 

are predominantly individuals engaged 

in recreational activities. 

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Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Proposed Rules 12763 

Unfunded Mandates Reform Act 

(UMRA) 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local or tribal 

governments or the private sector. A 

statement containing the information 

required by the UMRA (2 U.S.C. 1531 et 

seq.) is not required. 

Takings (Executive Order 12630) 

Under the criteria in Executive Order 

12630, this rule does not have 

significant takings implications. A 

taking implications assessment is not 

required because this rule will not deny 

any private property owner of beneficial 

uses of their land, nor will it 

significantly reduce their land’s value. 

No taking of personal property will 

occur as a result of this rule. 

Federalism (Executive Order 13132) 

Under the criteria in Executive Order 

13132, this rule does not have sufficient 

federalism implications to warrant the 

preparation of a Federalism summary 

impact statement. 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) 

Under the criteria in Executive Order 

13175, we have evaluated this rule and 

determined that it has no potential 

effects on federally recognized Indian 

tribes. Affiliated Native American tribes 

were contacted by letters sent in 

December 2008 to solicit any interests or 

concerns with the proposed action. No 

responses were received by the Park. 

Paperwork Reduction Act (PRA) 

This rule does not contain 

information collection requirements, 

and a submission under the PRA is not 

required. 

National Environmental Policy Act 

(NEPA) 

We have prepared an environmental 

assessment and have determined that 

this rule will not have a significant 

effect on the quality of the human 

environment under the NEPA of 1969. 

The Plan/EA for the Park and FONSI 

that included an evaluation of bicycling 

on the Hope Camp Trail may be viewed 

online at http://www.nps.gov/sagu/ 

parkmgmt/trails. 

Effects on the Energy Supply (Executive 

Order 13211) 

This rule is not a significant energy 

action under the definition in Executive 

Order 13211. A statement of Energy 

Effects is not required. 

Clarity of This Regulation 

We are required by Executive Orders 

12866 and 12988 and by the 

Presidential Memorandum of June 1, 

1998, to write all rules in plain 

language. This means that each rule we 

publish must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use clear language rather than 

jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the 

‘‘ADDRESSES’’ section. To better help us 

revise the rule, your comments should 

be as specific as possible. For example, 

you should tell us the numbers of the 

sections or paragraphs that 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 Robert Love, Chief Ranger, Saguaro 

National Park, Darla Sidles, 

Superintendent, Saguaro National Park, 

John Calhoun and A.J. North, NPS 

Regulations Program, Washington, DC. 

Public Participation 

It is the policy of NPS, whenever 

practicable, to afford the public an 

opportunity to participate in the 

rulemaking process. Accordingly, 

interested parties may submit written 

comments, suggestions, or objections 

regarding this proposed rule to the 

addresses noted at the beginning of this 

rule. 

Public Availability of Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comments, 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 

District of Columbia, National parks, 

Reporting and recordkeeping 

requirements. 

In consideration of the foregoing, the 

NPS proposes to amend 36 CFR Part 7 

as set forth below: 

PART 7—SPECIAL REGULATIONS, 

AREAS OF THE NATIONAL PARK 

SYSTEM 

1. Revise the authority citation for 

Part 7 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, DC 

Code 10–137 (2001) and DC Code 50–2201 

(2001). 

2. Revise § 7.11(a) to read as follows: 

§ 7.11 Saguaro National Park. 

(a) Bicycles. (1) The following trails 

are designated as routes for bicycle use: 

(i) That portion of the Cactus Forest 

Trail inside the Cactus Forest Drive; and 

(ii) The Hope Camp Trail, from the 

Loma Alta Trailhead east to the Arizona 

State Trust Lands boundary, .2 miles 

beyond Hope Camp. 

(2) The Superintendent may open or 

close designated routes, or portions 

thereof, or impose conditions or 

restrictions for bicycle use after taking 

into consideration public health and 

safety, natural and cultural resource 

protection, and other management 

activities and objectives. The 

superintendent will provide public 

notice of all such actions through one or 

more of the methods listed in § 1.7 of 

this chapter. 

* * * * * 

Dated: February 22, 2012. 

Rachel Jacobson, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 2012–5025 Filed 3–1–12; 8:45 am] 

BILLING CODE P 

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