[Federal Register Volume 79, Number 198 (Tuesday, October 14, 2014)]
[Proposed Rules]
[Pages 61587-61590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24324]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

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

[[Page 61587]]



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, single-track, 
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:
    <bullet> Electronically: Follow the instructions for submitting 
comments online at the Federal rulemaking portal: http://www.regulations.gov.
    <bullet> 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 cross-country skiing, and 35 miles for equestrian 
riding. Nonetheless, requests

[[Page 61588]]

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[hyphen]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:
    <bullet> Provides experiences for a variety of trail users;
    <bullet> shares the historic, scenic, natural and recreational 
significance of the Park;
    <bullet> minimizes impacts to the park's historic, scenic, natural 
and recreational resources;
    <bullet> can be sustained; and
    <bullet> 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:

----------------------------------------------------------------------------------------------------------------
                                    Approximate
           Trail name                  length          Surface type        Usage type           Description
----------------------------------------------------------------------------------------------------------------
East Rim.......................  10 miles.........  Natural surface..  Off-road, single-  Approximately ten
                                                                        track bicycle.     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.

[[Page 61589]]

 
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-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian Tribes and recognition of their 
right to self-governance and tribal sovereignty. We have evaluated this 
rule under the Department's consultation policy and under the criteria 
in Executive Order 13175 and have determined that it has no substantial 
direct effects on federally recognized Indian tribes and that 
consultation under the Department's

[[Page 61590]]

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

0
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).

0
2. Amend Sec.  7.17 to revise the section heading and add paragraph (b) 
to read as follows:


Sec.  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 Sec.  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 Sec.  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]
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