This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

61587 

Vol. 79, No. 198 

Tuesday, October 14, 2014 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

[NPS–CUVA–13806; PXXCUVA0012] 

RIN 1024–AE18 

Special Regulations; Areas of the 

National Park System, Cuyahoga 

Valley National Park, Bicycling 

AGENCY: National Park Service, Interior. 

ACTION: Proposed rule. 

SUMMARY: Through the preparation of a 

Final Trail Management Plan, the 

National Park Service proposed to 

expand recreational bicycling 

opportunities in Cuyahoga Valley 

National Park. The Final Trail 

Management Plan evaluated 

approximately 10 miles of new, singletrack, off-road bicycle trails in 

undeveloped regions of the park; 3.1 

miles of new cross-country trails; and 

1.35 miles of new connector, multi-use 

trails for bicycle use. The National Park 

Service general regulation pertaining to 

bicycles requires promulgation of a 

special regulation to authorize bicycle 

use on new trails constructed outside of 

developed areas. 

DATES: Comments must be received by 

December 15, 2014. 

ADDRESSES: You may submit comments, 

identified by the Regulation Identifier 

Number (RIN) 1024–AE18, by any of the 

following methods: 

• Electronically: Follow the 

instructions for submitting comments 

online at the Federal rulemaking portal: 

http://www.regulations.gov. 

• Hard copy: Mail or hand deliver to: 

Superintendent, Cuyahoga Valley 

National Park, 15610 Vaughn Road, 

Brecksville, OH 44141. 

We will only accept comments as 

noted above. We will not accept 

comments via email, fax, or any other 

methods. 

FOR FURTHER INFORMATION CONTACT: 

Chris Ryan, Chief Ranger, Cuyahoga 

Valley National Park, 440–546–5940. 

SUPPLEMENTARY INFORMATION: 

Background 

Legislation and Purposes of Cuyahoga 

Valley National Park 

On December 27, 1974, President 

Gerald Ford signed Public Law 93–555 

creating Cuyahoga Valley National 

Recreation Area for the purpose of 

‘‘preserving and protecting for public 

use and enjoyment, the historic, scenic, 

natural, and recreational values of the 

Cuyahoga River and the adjacent lands 

of the Cuyahoga Valley and for the 

purpose of providing for the 

maintenance of needed recreational 

open space necessary to the urban 

environment.’’ In 2000, Congress 

redesignated Cuyahoga Valley National 

Recreation Area as Cuyahoga Valley 

National Park (CVNP or Park) with the 

passage of the Department of the Interior 

and Related Agencies Appropriations 

Act (Pub. L. 106–291). 

Cuyahoga Valley National Park is an 

important national resource within a 

predominantly metropolitan region, 

where the Park is visited by 

approximately 2,500,000 people 

annually. Located in Cuyahoga and 

Summit Counties, Ohio, and situated 

between the cities of Cleveland and 

Akron, CVNP includes approximately 

30,000 acres of land, with 18,000 acres 

under the ownership of the National 

Park Service (NPS). The Park contains 

significant resources, including the 

Cuyahoga River Valley and its 

associated ecological functions, rich 

cultural resources and landscapes, and 

a variety of recreational and outdoor use 

opportunities. 

In the 1930’s the Cuyahoga Valley 

provided a respite for urban dwellers 

from Cleveland and Akron. During this 

time period, private estates in the 

Cuyahoga Valley had established trails 

and carriage roads for their private 

recreational enjoyment, including 

places like the Old Carriage trail area 

and the Wetmore trails. Over the years, 

these lands and other park lands were 

incorporated into the Cleveland 

Metroparks and Summit Metro Parks 

that are now part of what is designated 

as CVNP. Two significant trail corridors 

accelerated the recreational connections 

to the Valley: the conversion of an 

abandoned railroad bed to the Bike and 

Hike Trail in 1970 and the construction 

of the Towpath Trail in the late 1980’s 

and early 1990’s. Many of the trails from 

the earliest days of Cuyahoga Valley as 

a recreation destination remain today 

for visitors to enjoy and share the 

experience that has remained for over a 

century. 

The Park’s General Management Plan/ 

Environmental Impact Statement (GMP) 

confirms the purpose, significance, and 

special mandates of the Park. According 

to the Park’s GMP, one of the significant 

purposes of CVNP is to ‘‘[preserve] a 

landscape reminiscent of simpler times, 

a place where recreation can be a 

gradual process of perceiving and 

appreciating the roots of our 

contemporary existence.’’ The GMP also 

provides direction for park management 

during land acquisition and provides a 

framework for NPS managers to use 

when making decisions about how to 

conserve the Park’s resources and 

manage visitor uses in the Park. 

Resource preservation for compatible 

recreational use is the overall concept 

for management and development of the 

Park. 

Current Status of Trails and Associated 

Facilities 

Regional recreational trail networks 

have blossomed across Northeastern 

Ohio, increasing demands for additional 

trail connections, new trail uses, and 

expanded recreational opportunities. 

Today, the Park contains approximately 

175 miles of trails, approximately 97 

miles of which are managed by the NPS. 

The NPS trail system consists of three 

long-distance trails—the Towpath Trail, 

Buckeye Trail and Valley Bridle Trail— 

and eleven smaller localized trail 

systems with separate access points. 

The park currently has one limited 

community connector through the Old 

Carriage Trail connector trail in the 

northern portion of the park and has 

some portions of the primary roadways 

improved for bike use. Metropark 

partners provide five additional trail 

systems within their units inside CVNP, 

and another trail, the Buckeye Trail, is 

managed by the Buckeye Trail 

Association. Currently, the Park 

provides access to all its trails through 

25 trailheads and from the four primary 

Visitor Contact Centers. 

These trails provide for various uses, 

including 34 miles for hiking and trail 

running only, 22 miles for multipurpose 

biking and hiking, 17 miles for crosscountry skiing, and 35 miles for 

equestrian riding. Nonetheless, requests 

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61588 Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Proposed Rules 

for new trail uses to meet the needs of 

growing user groups have become more 

frequent in recent years. Technologies 

exist today (such as personal mobility 

devices) that provide new means to 

enjoy trails. Walk-in camping is a 

desired amenity that recently was 

approved for the first time in the park. 

Trail running is increasing in 

popularity, and biking has grown into a 

major recreational activity within the 

Cuyahoga Valley. 

2009 Comprehensive Trails 

Management Plan 

In 1985, the Park’s first Trail 

Management Plan was developed as the 

primary document to initiate many 

trails in the Park. The 1985 Trail Plan 

identified 105 miles of existing trails 

and proposed and evaluated 115 miles 

of new trail. An additional 46 miles of 

trails were identified for future 

consideration but were not evaluated in 

the 1985 Trail Plan. In 2009, CVNP 

initiated the development of a 

Comprehensive Trails Management 

Plan/Environmental Impact Statement 

(2009 Plan/EIS) to guide the expansion, 

restoration, management, operations, 

and use of the trail system and its 

associated amenities over the next 15 

years, while keeping with the purpose, 

mission, and significance of the Park. 

Some trails proposed in the 1985 Trail 

Plan but not yet implemented were 

considered as part of the 2009 Plan/EIS. 

The goals of the 2009 Plan/EIS were 

to develop a trail network that: 

• Provides experiences for a variety of 

trail users; 

• shares the historic, scenic, natural 

and recreational significance of the 

Park; 

• minimizes impacts to the park’s 

historic, scenic, natural and recreational 

resources; 

• can be sustained; and 

• engages cooperative partnerships 

that contribute to the success of the 

Park’s trail network. 

The Park conducted internal scoping 

with Park staff, regional park district 

partners, and the Conservancy for 

Cuyahoga Valley National Park and 

external scoping, including the mailing 

and distribution of four separate 

newsletters, nine public meetings, and a 

60-day public comment period. As a 

result of this process, eight alternatives, 

including a ‘‘No Action Alternative,’’ for 

the Park’s Trail Management Plan were 

developed. 

The 2009 Plan/EIS was completed in 

2013. The Record of Decision (ROD), 

signed by the NPS Midwest Regional 

Director on August 8, 2013, identifies 

Alternative 5 as the Preferred 

Alternative for implementation. Under 

this Alternative, approximately 14.5 

miles of new bicycle trails could be 

constructed in undeveloped regions of 

the park and authorized by special 

regulations for bicycle use. The 

Alternative also considers that 

approximately eight additional miles of 

existing trail or roadways could be 

authorized for bicycle use in the future. 

The construction and authorization of 

all trails for bicycle use will be 

conditional on funding and the 

implementation of the Sustainable Trail 

Guidelines, described in detail in 

Appendix C of the 2009 Plan/EIS. 

Due to the age and conceptual nature 

of the 1977 GMP, a 2013 Foundation 

Plan was developed for the Park that 

identifies active recreation and 

implementation of the 2009 Plan/EIS as 

an objective to meets its goals. The 2009 

Plan/EIS and ROD may be viewed 

online at http://parkplanning.nps.gov/

cuyahogatrailplan. 

Construction and Management of the 

Bicycle Trails 

Many of the proposed bicycle trails 

have not yet been built and would not 

be immediately open for use. An 

Implementation Strategy Plan is under 

development to prioritize trail projects 

and assemble the additional planning, 

funding, staffing, project management, 

and monitoring that will be needed to 

accomplish them successfully. The 

Trails Forever Program, administered by 

the Park in partnership with the 

Conservancy for Cuyahoga Valley 

National Park, will be a critical 

component in the development, 

implementation, and sustainability of 

the trails in the Park. The Trails Forever 

Program will advance its role in the 

coming years as a primary component 

for Trail Plan funding and will work 

with Park Staff to annually prioritize 

trail projects. As part of the initial 

implementation phase of the Trail Plan, 

the Park will evaluate the Trails Forever 

program for staffing, program 

coordination, and program direction to 

ensure its future success and its 

alignment with the goals of the Trail 

Plan. 

Volunteers for trail work at the Park 

will continue to be a vital component of 

trail stewardship in the Park. 

Management and coordination of 

volunteers will continue through the 

joint Volunteer Program office of the 

Park and the Conservancy for Cuyahoga 

Valley National Park. The use of Park 

staff and the existing volunteer trail 

groups to monitor and mitigate the 

environmental impacts of bicycle use on 

these trails will ensure that the trails are 

maintained in good condition and that 

any issues of concern are immediately 

brought to the attention of Park 

management. In addition, the Park will 

continue to update its Sign Plan and 

upgrade park and trail signs 

accordingly. As trail signs are updated, 

trail accessibility information for each 

trail will be made available to the 

public. 

Proposed Rule 

The proposed rule complies with the 

general requirement of 36 CFR 4.30, 

which requires a special regulation to 

designate new bicycle routes off park 

roads and outside of developed areas. 

To provide users with additional 

recreational bicycling opportunities, 

this proposed rule would authorize the 

Superintendent to designate any of the 

following trails as routes for bicycle use: 

Trail name Approximate length Surface type Usage type Description 

East Rim .................... 10 miles ..................... Natural surface .......... Off-road, single-track 

bicycle.

Approximately ten miles of a loop system 

trail of varying distances along the east 

central portion of the Park, north of Old 

Akron-Peninsula Road and south of Brandywine Falls trailhead, near the Krecjic 

Restoration Site. 

High Meadow Trail. .... 3.1 miles .................... Natural surface .......... Cross-country ............. Located west of Blue Hen Falls, near the existing Kurowski fields and linking to the existing Buckeye Trail. 

Old Carriage Connector Trail.0.35 miles .................. Crushed gravel .......... Multi-purpose ............. Extension of existing Old Carriage Road 

connector to existing Bike and Hike Trail. 

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Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Proposed Rules 61589 

Trail name Approximate length Surface type Usage type Description 

Highland Connector 

Trail.

1.0 miles .................... Crushed gravel .......... Multi-purpose ............. New connector from existing Bike and Hike 

Trail to existing Towpath Trail on south 

side of Highland Road, extending on the 

north side of Highland Road from Towpath 

to the Vaughn overflow parking area. 

After trail construction is completed, 

but before a trail is designated for 

bicycle use, the Superintendent would 

be required to issue a written 

determination that the route is open for 

public use and that such bicycle use is 

consistent with the 2013 park plan for 

bicycle use, including implementation 

of the park’s sustainable trail guidelines 

with monitoring and mitigation through 

adaptive management. This would 

ensure that bicycle use remains 

consistent with the protection of the 

park area’s natural, scenic and aesthetic 

values, safety considerations and 

management objectives, and will not 

disturb wildlife or park resources. No 

additional NEPA compliance would be 

necessary beyond the 2013 EIS/ROD, 

and the written determination would be 

added into the park’s administrative file 

for the trail project. The Superintendent 

would provide notice of such 

designation through one or more of the 

public notice procedures outlined in 36 

CFR 1.7. 

The proposed rule would also 

authorize the Superintendent to impose 

closures or restrictions for bicycle use 

on designated routes after taking into 

consideration public health and safety, 

resource protection, and other 

management activities and objectives, 

provided public notice is given under 

36 CFR 1.7. 

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 E.O. 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. E.O. 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 (RFA) 

This rule will 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: 

Proposed Regulations to Designate 

Bicycle Routes in Cuyahoga Valley 

National Park’’ that is available for 

review at http://parkplanning.nps.gov/

cuyahogatrailplan. 

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. 

The current and anticipated users of 

bicycle routes in CUVA are 

predominantly individuals engaged in 

recreational activities. There are no 

businesses in the surrounding area that 

would be adversely affected by bicycle 

use of these trails. Although the park 

does not have any bicycle rental 

concessioners, there is a bicycle rental 

facility adjacent to the park that 

provides bike rentals that are used 

within CUVA. 

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) 

This rule does not affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630. 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. 

Federalism (Executive Order 13132) 

Under the criteria in section 1 of 

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 in 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-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 

Department’s consultation policy and 

under the criteria in Executive Order 

13175 and have determined that it has 

no substantial direct effects on federally 

recognized Indian tribes and that 

consultation under the Department’s 

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61590 Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Proposed Rules 

tribal consultation policy is not 

required. Affiliated Native American 

tribes were contacted by letters sent in 

June, 2012 and May, 2013 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 to the Office of 

Management and Budget under the PRA 

is not required. 

National Environmental Policy Act 

(NEPA) 

We have prepared an environmental 

impact statement 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/EIS for the Park and ROD that 

included an evaluation of bicycling 

within the proposed areas may be 

viewed online at http://parkplanning.

nps.gov/cuyahogatrailplan. 

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 Lynn Garrity, Outdoor Recreation 

Planner, Cuyahoga Valley National Park, 

and C. Rose Wilkinson 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 only as 

noted at the beginning of this rule. We 

will not accept comments by fax, email, 

or any other methods. 

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 

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. The authority 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 (2001). 

■ 2. Amend § 7.17 to revise the section 

heading and add paragraph (b) to read 

as follows: 

§ 7.17 Cuyahoga Valley National Park. 

(a) * * * 

(b) Bicycles. (1) The Superintendent 

may designate routes or portions of 

routes for bicycle use on the following 

trails: 

(i) East Rim (approximately 10 miles); 

(ii) High Meadow Trail 

(approximately 3.1 miles); 

(iii) Old Carriage Connector Trail 

(approximately 0.35 miles); and 

(iv) Highland Connector Trail 

(approximately 1.0 mile). 

(2) After trail construction is 

complete: 

(i) To designate a bicycle route, the 

Superintendent must make a written 

determination that: 

(A) The route is open for public use; 

and 

(B) Bicycle use is consistent with the 

protection of the park area’s natural, 

scenic and aesthetic values, safety 

considerations, and management 

objectives, and will not disturb wildlife 

or park resources. 

(ii) The Superintendent will provide 

public notice of all such actions through 

one or more of the methods listed in 

§ 1.7 of this chapter. 

(3) 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. 

(i) The Superintendent will provide 

public notice of all such actions through 

one or more of the methods listed in 

§ 1.7 of this chapter. 

(ii) Violating a closure, condition, or 

restriction is prohibited. 

* * * * * 

Dated: September 26, 2014. 

Michael Bean, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks. 

[FR Doc. 2014–24324 Filed 10–10–14; 8:45 am] 

BILLING CODE 4310–EJ–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 328 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 110, 112 116, 117, 122, 

230, 232, 300, 302, and 401 

[EPA–HQ–OW–2011–0880; FRL–9917–90– 

OW] 

RIN 2040–AF30 

Extension of Comment Period for the 

Definition of ‘‘Waters of the United 

States’’ Under the Clean Water Act 

Proposed Rule and Notice of 

Availability 

AGENCY: U.S. Army Corps of Engineers 

(Corps), Department of the Army, 

Department of Defense; and 

Environmental Protection Agency 

(EPA). 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) and the U.S. 

Army Corps of Engineers (Corps) are 

extending the comment period for the 

proposed rule ‘‘Definition of ‘Waters of 

the United States’ Under the Clean 

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