80_FR_24293 80 FR 24210 - Special Regulations, Areas of the National Park System, Bryce Canyon National Park, Bicycling

80 FR 24210 - Special Regulations, Areas of the National Park System, Bryce Canyon National Park, Bicycling

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 80, Issue 83 (April 30, 2015)

Page Range24210-24213
FR Document2015-10170

The National Park Service is planning to construct a paved, multi-use visitor path in Bryce Canyon National Park. The path will be approximately 6.2 miles long and be open to several uses, including running, walking, and bicycling. National Park Service regulations require promulgation of a special regulation to designate new routes for bicycle use off park roads and outside developed areas.

Federal Register, Volume 80 Issue 83 (Thursday, April 30, 2015)
[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Rules and Regulations]
[Pages 24210-24213]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10170]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-BRCA-17884; PA.PD191235A.00.3]
RIN 1024-AE23


Special Regulations, Areas of the National Park System, Bryce 
Canyon National Park, Bicycling

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: The National Park Service is planning to construct a paved, 
multi-use visitor path in Bryce Canyon National Park. The path will be 
approximately 6.2 miles long and be open to several uses, including 
running, walking, and bicycling. National Park Service regulations 
require promulgation of a special regulation to designate new routes 
for bicycle use off park roads and outside developed areas.

DATES: This rule is effective June 1, 2015.

FOR FURTHER INFORMATION CONTACT: Daniel J. Cloud, Chief of Facility 
Management, Bryce Canyon National Park, P.O. Box 640201, Bryce Canyon, 
UT 84764-0201. Phone: (435) 834-4720. Email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Bryce Canyon National Park (BRCA or park) is in south-central Utah. 
The park encompasses approximately 35,835 acres and ranges between 
6,600 and 9,100 feet in elevation. BRCA was originally established as a 
national monument by presidential proclamation in 1923. The park was 
renamed Utah National Park in 1924, and the name was changed to Bryce 
Canyon National Park in 1928.
    The park's most noted feature is the eroded landscape below the 
east rim of the Paunsaugunt Plateau. The erosional force of frost-
wedging and the dissolving power of rainwater have worn away the 
colorful and weak limestone rock into bizarre shapes, including slot 
canyons, windows, fins, and spires called ``hoodoos.'' Because the park 
transcends 2,500 feet of elevation, the park exists in three distinct 
climatic zones characterized by spruce/fir forest, ponderosa pine 
forest, and pinyon pine/juniper woodlands. The diversity of forest and 
meadow habitats provides a high degree of plant and animal diversity. 
BRCA is also one of the best places to experience a truly dark night 
sky.
    The park's purpose statement, which provides the foundation for 
park management, administration, and use decisions, states that ``Bryce 
Canyon National Park protects and conserves resources integral to a 
landscape of unusual scenic beauty exemplified by highly colored and 
fantastically eroded geological features, including rock fins and 
spires, for the benefit and enjoyment of the people.'' (May 2014 
Foundation Document). The park's Foundation Document identifies 
``increased use of alternative transportation (e.g., biking, hiking) 
within and surrounding the park'' as an opportunity to protect clean 
air--one of the fundamental resources of the park. The proposal to 
construct a multi-use path in the park will support the park's purpose 
statement by providing a new opportunity for safe enjoyment and 
protection of the fundamental resources in the park.

Purpose of the Multi-Use Path

    The primary purpose of the multi-use path is to relieve safety 
problems for visitors of all ages who choose to use non-motorized 
transportation to experience the park and adjacent United States Forest 
Service (USFS) areas near Bryce Canyon City. Increases in visitation of 
the park (30% increase between 2008 and 2012) are leading to 
transportation system capacity problems and traffic congestion. 
Cyclists and pedestrians need a way to travel to and within the park 
that is safer, provides a better visitor experience, and promotes non-
motorized travel between nearby communities and the park as well as 
between key destinations in the park.
    The path will enhance the park's transportation system by 
connecting the park's gateway communities with high visitor use areas 
along the canyon rim in the Bryce Amphitheater and with other key 
features of the park. The proposed path will also connect to the 
existing transportation system, including visitor shuttle buses, hiking 
trails and walking paths, parking lots, and roads. This will link major 
visitor attractions and facilities with both non-motorized and 
motorized transportation modes. Visitor safety will be improved

[[Page 24211]]

by separating motor vehicles from bicyclists, pedestrians, and other 
non-motorized user groups where possible.
    The multi-use path will consist of two contiguous sections 
constructed in two phases. The first segment will be approximately 3.9 
miles long. This segment will begin at the park boundary near the main 
park road to/from Bryce Canyon City. The path will roughly parallel the 
main park road and continue to the visitor center and North Campground 
area. The path will then run southeast toward the canyon rim, behind 
the General Store and Lodge area, and to the Sunset Point parking lot 
where it will turn back to parallel the main park road. The path will 
then leave the main park road and branch toward Inspiration Point 
parking area. The NPS intends to complete construction of the first 
segment by the fall 2015.
    The second segment will be approximately 2.3 miles long and will 
mostly follow Bryce Point road to a terminus at a trailhead just below 
the Bryce Point parking area. The NPS will construct the second segment 
as resources become available.
    In total, the path will be approximately 6.2 miles long within the 
boundary of the park. No portion of the proposed path will be 
constructed below the canyon rim on park lands, nor in proposed 
wilderness areas inside the park. For most locations, the path will 
consist of a 10-foot wide paved asphalt surface. The path will 
generally parallel the main park road to provide separation between 
users and vehicles to reduce the likelihood of related safety problems. 
Spurs from the main path alignment will be designed to provide visitor 
access to key viewpoints and other landscape features. The path will 
continue outside of the boundary of the park through Bryce Canyon City 
and Dixie National Forest. This will provide a safe, efficient, and 
family-friendly way to access these connected areas.

Environmental Assessment

    In September 2014, the NPS published the Multi-use Visitor Path 
Environmental Assessment (EA). On December 23, 2014, the Regional 
Director for the Intermountain Region signed a Finding of No 
Significant Impact (FONSI) that identified the preferred alternative 
(Alternative Alignment A) in the EA as the selected action. The rule 
implements the selected action as described in the EA and the FONSI. 
The EA and the FONSI, which contain a full description of the purpose 
and need for taking action, scoping, the alternatives considered, maps 
of the proposed multi-use path, and the environmental impacts 
associated with the project, may be viewed on the park's planning Web 
site at http://parkplanning.nps.gov/brca, by clicking on the link 
entitled ``Bryce Canyon National Park Multi-Use Path'' and then 
clicking on the link entitled ``Document List.''

Final Rule

    The rule complies with the requirement of 36 CFR 4.30, which 
requires a special regulation to designate new bicycle routes off park 
roads and outside of developed areas. The EA and FONSI address bicycle 
use on the multi-use path and evaluate (i) the suitability of the trail 
surface for bicycle use; and (ii) life cycle maintenance costs, safety 
considerations, methods to prevent or minimize user conflict, methods 
to protect natural and cultural resources and mitigate impacts, and 
integration with commercial services and alternative transportation 
systems in compliance with 36 CFR 4.30(d)(1)-(2).
    The rule adds a new section 7.94 to 36 CFR part 7--Special 
Regulations, Areas of the National Park Service for Bryce Canyon 
National Park. The rule authorizes the superintendent to designate all 
or a portion of two segments of the proposed 6.2-mile-long multi-use 
path as a route for bicycle use. The Superintendent will notify the 
public of any such designation through one or more of the methods 
outlined in 36 CFR 1.7, and place the designation on maps that are 
available in the office of the Superintendent and other places 
convenient to the public.
    The rule also authorizes the superintendent to establish closures 
or restrictions for bicycle use on designated routes after considering 
public health and safety, resource protection, and other management 
activities and objectives, provided public notice is given under 36 CFR 
1.7.

Summary of Public Comments

    We published the proposed rule at 79 FR 70137 (November 25, 2014). 
We accepted comments through the mail, hand delivery, and through the 
Federal eRulemaking Portal at http://www.regulations.gov. Comments were 
accepted through January 26, 2015, and we received eight timely 
comments. Seven comments supported the proposed rule and did not 
request any change. One comment opposed the proposed rule. A summary of 
this comment and the NPS response is provided below. After considering 
the public comments and after additional review, we did not make any 
changes in the final rule.
    Comment: One comment stated that mountain biking is harmful to 
wildlife, people, and the environment. Specifically, this comment 
raised concerns that mountain biking destroys habitat, accelerates 
erosion, kills animals and plants, and creates conflicts with wildlife 
and other park visitors, including hikers and equestrians.
    NPS Response: This rule allows the superintendent to authorize 
bicycle use on the paved, shared-use path, and not off-trail or on non-
paved, soft-surface trails. The multi-use path will not be a soft 
surface backcountry mountain bike path, and will not go below the 
canyon rim on park lands, or in proposed wilderness areas inside the 
park. The path will use a hardened surface to accommodate a wide range 
of non-motorized uses in the front country only. Potential impacts to 
park resources, including wildlife and habitat, soils, special status 
species and vegetation, as well as impacts to visitor use and 
experience were evaluated in the EA. Adverse impacts to these resources 
and visitor use were determined to be minor. The FONSI documented the 
finding that no significant impacts will occur, and concluded that 
bicycle use on the proposed path does not pose any significant impact 
that would rise to the levels that would constitute impairment.

Compliance With Other Laws, Executive Orders and Department Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget will review 
all significant rules. The Office of Information and Regulatory Affairs 
has determined that this rule is not significant.
    Executive Order 13563 reaffirms the principles of Executive Order 
12866 while calling for improvements in the nation's regulatory system 
to promote predictability, to reduce uncertainty, and to use the best, 
most innovative, and least burdensome tools for achieving regulatory 
ends. The executive order directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public where these approaches are relevant, feasible, 
and consistent with regulatory objectives. Executive Order 13563 
emphasizes further that regulations must be based on the best available 
science and that the rulemaking process must allow for public 
participation and

[[Page 24212]]

an open exchange of ideas. We have developed this rule in a manner 
consistent with these requirements.

Regulatory Flexibility Act

    This rule will not have a significant economic effect on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). This certification is based on information 
contained in the economic analyses found in the report entitled ``Cost-
Benefit Analysis: Proposed Regulations to Designate New Routes for 
Bicycle Use in Bryce Canyon National Park'' which is available online 
at http://parkplanning.nps.gov/brca by clicking on the link entitled 
``Bryce Canyon National Park Multi-Use Path'' 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 affect 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 NPS 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. 
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 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. During the environmental assessment process, 
we consulted with the 10 Native American groups associated with BRCA 
and determined that there are no substantial direct effects on 
federally recognized Indian tribes.

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

    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 of 1969 is not required 
because we reached the FONSI. A copy of the EA and FONSI can be found 
online at http://parkplanning.nps.gov/brca by clicking on the link 
entitled ``Bryce Canyon National Park Multi-Use Path'' 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 author of this regulation is Jay 
P. 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:  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-
2201.07 (2001).


0
2. Add Sec.  7.94 to read as follows:


Sec.  7.94  Bryce Canyon National Park.

    (a) The Superintendent may designate for bicycle use routes or 
portions of routes on the following sections of the park's multi-use 
recreational path:
    (1) A section between the park boundary near Bryce Canyon City and 
Inspiration Point parking area (approximately 3.9 miles);
    (2) A section between the intersection of Bryce Point road and 
Inspiration Point road, and a trailhead near Bryce Point parking area 
(approximately 2.3 miles).
    (b) The Superintendent will provide notice of all bicycle route 
designations through one or more of the methods listed in Sec.  1.7 of 
this chapter, and place the designations on maps that are available in 
the office of the Superintendent and other places convenient to the 
public.
    (c) The Superintendent may open or close designated bicycle routes, 
or portions thereof, or establish conditions or restrictions for 
bicycle use after considering public health and safety, natural and 
cultural resource protection, carrying capacity, and other management 
activities and objectives.
    (1) 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.
    (2) Violating a closure, condition, or restriction is prohibited.


[[Page 24213]]


    Dated: April 17, 2015.
Michael Bean,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2015-10170 Filed 4-29-15; 8:45 am]
 BILLING CODE 4310-EJ-P



                                             24210              Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations

                                             any approved AMOC, notify your appropriate              202–741–6030, or go to: http://                       including slot canyons, windows, fins,
                                             principal inspector, or lacking a principal             www.archives.gov/federal-register/cfr/ibr-            and spires called ‘‘hoodoos.’’ Because
                                             inspector, the manager of the local flight              locations.html.                                       the park transcends 2,500 feet of
                                             standards district office/certificate holding                                                                 elevation, the park exists in three
                                                                                                       Issued in Renton, Washington, on April 17,
                                             district office. The AMOC approval letter
                                             must specifically reference this AD.
                                                                                                     2015.                                                 distinct climatic zones characterized by
                                                (2) Contacting the Manufacturer: For any             Victor Wicklund,                                      spruce/fir forest, ponderosa pine forest,
                                             requirement in this AD to obtain corrective             Acting Manager, Transport Airplane                    and pinyon pine/juniper woodlands.
                                             actions from a manufacturer, the action must            Directorate, Aircraft Certification Service.          The diversity of forest and meadow
                                             be accomplished using a method approved                 [FR Doc. 2015–09811 Filed 4–29–15; 8:45 am]           habitats provides a high degree of plant
                                             by the Manager, International Branch, ANM–              BILLING CODE 4910–13–P                                and animal diversity. BRCA is also one
                                             116, Transport Airplane Directorate, FAA; or                                                                  of the best places to experience a truly
                                             the EASA; or Airbus’s EASA DOA. If                                                                            dark night sky.
                                             approved by the DOA, the approval must                                                                           The park’s purpose statement, which
                                             include the DOA-authorized signature.                   DEPARTMENT OF THE INTERIOR                            provides the foundation for park
                                                (3) Required for Compliance: Except as                                                                     management, administration, and use
                                             required by paragraph (i) of this AD: If any            National Park Service
                                             service information contains procedures or
                                                                                                                                                           decisions, states that ‘‘Bryce Canyon
                                             tests that are identified as RC, those                  36 CFR Part 7                                         National Park protects and conserves
                                             procedures and tests must be done to comply                                                                   resources integral to a landscape of
                                             with this AD; any procedures or tests that are          [NPS–BRCA–17884; PA.PD191235A.00.3]                   unusual scenic beauty exemplified by
                                             not identified as RC are recommended. Those             RIN 1024–AE23
                                                                                                                                                           highly colored and fantastically eroded
                                             procedures and tests that are not identified                                                                  geological features, including rock fins
                                             as RC may be deviated from using accepted               Special Regulations, Areas of the                     and spires, for the benefit and
                                             methods in accordance with the operator’s                                                                     enjoyment of the people.’’ (May 2014
                                             maintenance or inspection program without
                                                                                                     National Park System, Bryce Canyon
                                                                                                     National Park, Bicycling                              Foundation Document). The park’s
                                             obtaining approval of an AMOC, provided                                                                       Foundation Document identifies
                                             the procedures and tests identified as RC can           AGENCY:    National Park Service, Interior.
                                             be done and the airplane can be put back in
                                                                                                                                                           ‘‘increased use of alternative
                                             a serviceable condition. Any substitutions or           ACTION:   Final rule.                                 transportation (e.g., biking, hiking)
                                             changes to procedures or tests identified as                                                                  within and surrounding the park’’ as an
                                             RC require approval of an AMOC.                         SUMMARY:   The National Park Service is               opportunity to protect clean air—one of
                                                                                                     planning to construct a paved, multi-use              the fundamental resources of the park.
                                             (n) Related Information                                 visitor path in Bryce Canyon National                 The proposal to construct a multi-use
                                               (1) Refer to Mandatory Continuing                     Park. The path will be approximately                  path in the park will support the park’s
                                             Airworthiness Information EASA                          6.2 miles long and be open to several                 purpose statement by providing a new
                                             Airworthiness Directive 2014–0064, dated                uses, including running, walking, and                 opportunity for safe enjoyment and
                                             March 14, 2014, for related information. This           bicycling. National Park Service
                                             MCAI may be found in the AD docket on the
                                                                                                                                                           protection of the fundamental resources
                                             Internet at http://www.regulations.gov/
                                                                                                     regulations require promulgation of a                 in the park.
                                             #!documentDetail;D=FAA-2014-0589-0003.                  special regulation to designate new
                                                                                                     routes for bicycle use off park roads and             Purpose of the Multi-Use Path
                                               (2) Service information identified in this
                                             AD that is not incorporated by reference is             outside developed areas.                                 The primary purpose of the multi-use
                                             available at the addresses specified in                 DATES: This rule is effective June 1,                 path is to relieve safety problems for
                                             paragraphs (o)(3) and (o)(4) of this AD.                2015.                                                 visitors of all ages who choose to use
                                                                                                                                                           non-motorized transportation to
                                             (o) Material Incorporated by Reference                  FOR FURTHER INFORMATION CONTACT:                      experience the park and adjacent United
                                                (1) The Director of the Federal Register             Daniel J. Cloud, Chief of Facility                    States Forest Service (USFS) areas near
                                             approved the incorporation by reference                 Management, Bryce Canyon National                     Bryce Canyon City. Increases in
                                             (IBR) of the service information listed in this         Park, P.O. Box 640201, Bryce Canyon,
                                             paragraph under 5 U.S.C. 552(a) and 1 CFR                                                                     visitation of the park (30% increase
                                                                                                     UT 84764–0201. Phone: (435) 834–4720.                 between 2008 and 2012) are leading to
                                             part 51.
                                                (2) You must use this service information
                                                                                                     Email: daniel_cloud@nps.gov.                          transportation system capacity problems
                                             as applicable to do the actions required by             SUPPLEMENTARY INFORMATION:                            and traffic congestion. Cyclists and
                                             this AD, unless this AD specifies otherwise.                                                                  pedestrians need a way to travel to and
                                                (i) Airbus Service Bulletin A320–54–1019,            Background
                                                                                                                                                           within the park that is safer, provides a
                                             Revision 02, dated April 15, 2014.                        Bryce Canyon National Park (BRCA or                 better visitor experience, and promotes
                                                (ii) Airbus Service Bulletin A320–54–1022,           park) is in south-central Utah. The park              non-motorized travel between nearby
                                             Revision 03, dated April 15, 2014.                      encompasses approximately 35,835                      communities and the park as well as
                                                (3) For service information identified in
                                                                                                     acres and ranges between 6,600 and                    between key destinations in the park.
                                             this AD, contact Airbus, Airworthiness
                                             Office—EIAS, 1 Rond Point Maurice                       9,100 feet in elevation. BRCA was                        The path will enhance the park’s
                                             Bellonte, 31707 Blagnac Cedex, France;                  originally established as a national                  transportation system by connecting the
                                             telephone +33 5 61 93 36 96; fax +33 5 61               monument by presidential proclamation                 park’s gateway communities with high
                                             93 44 51; email account.airworth-eas@                   in 1923. The park was renamed Utah                    visitor use areas along the canyon rim
                                             airbus.com; Internet http://www.airbus.com.             National Park in 1924, and the name                   in the Bryce Amphitheater and with
                                                (4) You may view this service information            was changed to Bryce Canyon National                  other key features of the park. The
                                             at the FAA, Transport Airplane Directorate,             Park in 1928.                                         proposed path will also connect to the
                                             1601 Lind Avenue SW., Renton, WA. For                     The park’s most noted feature is the                existing transportation system,
rmajette on DSK2VPTVN1PROD with RULES




                                             information on the availability of this                 eroded landscape below the east rim of                including visitor shuttle buses, hiking
                                             material at the FAA, call 425–227–1221.
                                                (5) You may view this service information
                                                                                                     the Paunsaugunt Plateau. The erosional                trails and walking paths, parking lots,
                                             that is incorporated by reference at the                force of frost-wedging and the                        and roads. This will link major visitor
                                             National Archives and Records                           dissolving power of rainwater have                    attractions and facilities with both non-
                                             Administration (NARA). For information on               worn away the colorful and weak                       motorized and motorized transportation
                                             the availability of this material at NARA, call         limestone rock into bizarre shapes,                   modes. Visitor safety will be improved


                                        VerDate Sep<11>2014   14:33 Apr 29, 2015   Jkt 235001   PO 00000   Frm 00020   Fmt 4700   Sfmt 4700   E:\FR\FM\30APR1.SGM   30APR1


                                                                Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations                                        24211

                                             by separating motor vehicles from                       and the environmental impacts                            Comment: One comment stated that
                                             bicyclists, pedestrians, and other non-                 associated with the project, may be                   mountain biking is harmful to wildlife,
                                             motorized user groups where possible.                   viewed on the park’s planning Web site                people, and the environment.
                                                The multi-use path will consist of two               at http://parkplanning.nps.gov/brca, by               Specifically, this comment raised
                                             contiguous sections constructed in two                  clicking on the link entitled ‘‘Bryce                 concerns that mountain biking destroys
                                             phases. The first segment will be                       Canyon National Park Multi-Use Path’’                 habitat, accelerates erosion, kills
                                             approximately 3.9 miles long. This                      and then clicking on the link entitled                animals and plants, and creates conflicts
                                             segment will begin at the park boundary                 ‘‘Document List.’’                                    with wildlife and other park visitors,
                                             near the main park road to/from Bryce                                                                         including hikers and equestrians.
                                             Canyon City. The path will roughly                      Final Rule
                                                                                                                                                              NPS Response: This rule allows the
                                             parallel the main park road and                            The rule complies with the                         superintendent to authorize bicycle use
                                             continue to the visitor center and North                requirement of 36 CFR 4.30, which                     on the paved, shared-use path, and not
                                             Campground area. The path will then                     requires a special regulation to                      off-trail or on non-paved, soft-surface
                                             run southeast toward the canyon rim,                    designate new bicycle routes off park                 trails. The multi-use path will not be a
                                             behind the General Store and Lodge                      roads and outside of developed areas.                 soft surface backcountry mountain bike
                                             area, and to the Sunset Point parking lot               The EA and FONSI address bicycle use                  path, and will not go below the canyon
                                             where it will turn back to parallel the                 on the multi-use path and evaluate (i)                rim on park lands, or in proposed
                                             main park road. The path will then                      the suitability of the trail surface for              wilderness areas inside the park. The
                                             leave the main park road and branch                     bicycle use; and (ii) life cycle                      path will use a hardened surface to
                                             toward Inspiration Point parking area.                  maintenance costs, safety                             accommodate a wide range of non-
                                             The NPS intends to complete                             considerations, methods to prevent or                 motorized uses in the front country
                                             construction of the first segment by the                minimize user conflict, methods to                    only. Potential impacts to park
                                             fall 2015.                                              protect natural and cultural resources                resources, including wildlife and
                                                The second segment will be                           and mitigate impacts, and integration                 habitat, soils, special status species and
                                             approximately 2.3 miles long and will                   with commercial services and                          vegetation, as well as impacts to visitor
                                             mostly follow Bryce Point road to a                     alternative transportation systems in                 use and experience were evaluated in
                                             terminus at a trailhead just below the                  compliance with 36 CFR 4.30(d)(1)–(2).                the EA. Adverse impacts to these
                                             Bryce Point parking area. The NPS will                     The rule adds a new section 7.94 to
                                                                                                                                                           resources and visitor use were
                                             construct the second segment as                         36 CFR part 7—Special Regulations,
                                                                                                                                                           determined to be minor. The FONSI
                                             resources become available.                             Areas of the National Park Service for
                                                                                                                                                           documented the finding that no
                                                In total, the path will be                           Bryce Canyon National Park. The rule
                                                                                                                                                           significant impacts will occur, and
                                             approximately 6.2 miles long within the                 authorizes the superintendent to
                                                                                                                                                           concluded that bicycle use on the
                                             boundary of the park. No portion of the                 designate all or a portion of two
                                                                                                                                                           proposed path does not pose any
                                             proposed path will be constructed                       segments of the proposed 6.2-mile-long
                                                                                                                                                           significant impact that would rise to the
                                             below the canyon rim on park lands, nor                 multi-use path as a route for bicycle use.
                                                                                                                                                           levels that would constitute
                                             in proposed wilderness areas inside the                 The Superintendent will notify the
                                                                                                                                                           impairment.
                                             park. For most locations, the path will                 public of any such designation through
                                             consist of a 10-foot wide paved asphalt                 one or more of the methods outlined in                Compliance With Other Laws,
                                             surface. The path will generally parallel               36 CFR 1.7, and place the designation                 Executive Orders and Department
                                             the main park road to provide                           on maps that are available in the office              Policy
                                             separation between users and vehicles                   of the Superintendent and other places                Regulatory Planning and Review
                                             to reduce the likelihood of related safety              convenient to the public.                             (Executive Orders 12866 and 13563)
                                             problems. Spurs from the main path                         The rule also authorizes the
                                             alignment will be designed to provide                   superintendent to establish closures or                 Executive Order 12866 provides that
                                             visitor access to key viewpoints and                    restrictions for bicycle use on                       the Office of Information and Regulatory
                                             other landscape features. The path will                 designated routes after considering                   Affairs in the Office of Management and
                                             continue outside of the boundary of the                 public health and safety, resource                    Budget will review all significant rules.
                                             park through Bryce Canyon City and                      protection, and other management                      The Office of Information and
                                             Dixie National Forest. This will provide                activities and objectives, provided                   Regulatory Affairs has determined that
                                             a safe, efficient, and family-friendly way              public notice is given under 36 CFR 1.7.              this rule is not significant.
                                             to access these connected areas.                                                                                Executive Order 13563 reaffirms the
                                                                                                     Summary of Public Comments                            principles of Executive Order 12866
                                             Environmental Assessment                                  We published the proposed rule at 79                while calling for improvements in the
                                               In September 2014, the NPS                            FR 70137 (November 25, 2014). We                      nation’s regulatory system to promote
                                             published the Multi-use Visitor Path                    accepted comments through the mail,                   predictability, to reduce uncertainty,
                                             Environmental Assessment (EA). On                       hand delivery, and through the Federal                and to use the best, most innovative,
                                             December 23, 2014, the Regional                         eRulemaking Portal at http://                         and least burdensome tools for
                                             Director for the Intermountain Region                   www.regulations.gov. Comments were                    achieving regulatory ends. The
                                             signed a Finding of No Significant                      accepted through January 26, 2015, and                executive order directs agencies to
                                             Impact (FONSI) that identified the                      we received eight timely comments.                    consider regulatory approaches that
                                             preferred alternative (Alternative                      Seven comments supported the                          reduce burdens and maintain flexibility
                                             Alignment A) in the EA as the selected                  proposed rule and did not request any                 and freedom of choice for the public
                                             action. The rule implements the                         change. One comment opposed the                       where these approaches are relevant,
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                                             selected action as described in the EA                  proposed rule. A summary of this                      feasible, and consistent with regulatory
                                             and the FONSI. The EA and the FONSI,                    comment and the NPS response is                       objectives. Executive Order 13563
                                             which contain a full description of the                 provided below. After considering the                 emphasizes further that regulations
                                             purpose and need for taking action,                     public comments and after additional                  must be based on the best available
                                             scoping, the alternatives considered,                   review, we did not make any changes in                science and that the rulemaking process
                                             maps of the proposed multi-use path,                    the final rule.                                       must allow for public participation and


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                                             24212              Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations

                                             an open exchange of ideas. We have                      of a Federalism summary impact                        Effects on the Energy Supply (Executive
                                             developed this rule in a manner                         statement. This rule only affects use of              Order 13211)
                                             consistent with these requirements.                     NPS administered lands and waters. It
                                                                                                                                                             This rule is not a significant energy
                                                                                                     has no outside effects on other areas. A
                                             Regulatory Flexibility Act                                                                                    action under the definition in Executive
                                                                                                     Federalism summary impact statement
                                                This rule will not have a significant                                                                      Order 13211. A Statement of Energy
                                                                                                     is not required.
                                             economic effect on a substantial number                                                                       Effects in not required.
                                             of small entities under the Regulatory                  Civil Justice Reform (Executive Order                   Drafting Information: The primary
                                             Flexibility Act (5 U.S.C. 601 et seq.).                 12988)                                                author of this regulation is Jay P.
                                             This certification is based on                             This rule complies with the                        Calhoun, Regulations Program
                                             information contained in the economic                   requirements of Executive Order 12988.                Specialist, National Park Service.
                                             analyses found in the report entitled                   Specifically, this rule:                              List of Subjects in 36 CFR Part 7
                                             ‘‘Cost-Benefit Analysis: Proposed                          (a) Meets the criteria of section 3(a)
                                             Regulations to Designate New Routes for                 requiring that all regulations be                       National parks, Reporting and
                                             Bicycle Use in Bryce Canyon National                    reviewed to eliminate errors and                      recordkeeping requirements.
                                             Park’’ which is available online at                     ambiguity and be written to minimize                    In consideration of the foregoing, the
                                             http://parkplanning.nps.gov/brca by                     litigation; and                                       National Park Service amends 36 CFR
                                             clicking on the link entitled ‘‘Bryce                      (b) Meets the criteria of section 3(b)(2)          part 7 as set forth below:
                                             Canyon National Park Multi-Use Path’’                   requiring that all regulations be written
                                             and then clicking on the link entitled                  in clear language and contain clear legal             PART 7—SPECIAL REGULATIONS,
                                             ‘‘Document List.’’                                      standards.                                            AREAS OF THE NATIONAL PARK
                                                                                                     Consultation With Indian Tribes                       SYSTEM
                                             Small Business Regulatory Enforcement
                                             Fairness Act                                            (Executive Order 13175 and
                                                                                                     Department Policy)                                    ■ 1. The authority citation for Part 7
                                                This rule is not a major rule under 5                                                                      continues to read as follows:
                                             U.S.C. 804(2), the Small Business                          The Department of the Interior strives
                                                                                                     to strengthen its government-to-                        Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec.
                                             Regulatory Enforcement Fairness Act.                                                                          7.96 also issued under 36 U.S.C. 501–511,
                                             This rule:                                              government relationship with Indian                   D.C. Code 10–137 (2001) and D.C. Code 50–
                                                (a) Does not have an annual effect on                Tribes through a commitment to                        2201.07 (2001).
                                             the economy of $100 million or more.                    consultation with Indian Tribes and
                                                (b) Will not cause a major increase in               recognition of their right to self-                   ■   2. Add § 7.94 to read as follows:
                                             costs or prices for consumers,                          governance and tribal sovereignty. We
                                                                                                                                                           § 7.94   Bryce Canyon National Park.
                                             individual industries, Federal, State, or               have evaluated this rule under the
                                             local government agencies, or                           Department’s consultation policy and                     (a) The Superintendent may designate
                                             geographic regions.                                     under the criteria in Executive Order                 for bicycle use routes or portions of
                                                (c) Does not have significant adverse                13175. During the environmental                       routes on the following sections of the
                                             effects on competition, employment,                     assessment process, we consulted with                 park’s multi-use recreational path:
                                             investment, productivity, innovation, or                the 10 Native American groups                            (1) A section between the park
                                             the ability of U.S.-based enterprises to                associated with BRCA and determined                   boundary near Bryce Canyon City and
                                             compete with foreign-based enterprises.                 that there are no substantial direct                  Inspiration Point parking area
                                                                                                     effects on federally recognized Indian                (approximately 3.9 miles);
                                             Unfunded Mandates Reform Act                            tribes.                                                  (2) A section between the intersection
                                                This rule does not impose an                                                                               of Bryce Point road and Inspiration
                                             unfunded mandate on State, local, or                    Paperwork Reduction Act
                                                                                                                                                           Point road, and a trailhead near Bryce
                                             tribal governments or the private sector                  This rule does not contain                          Point parking area (approximately 2.3
                                             of more than $100 million per year. The                 information collection requirements,                  miles).
                                             rule does not have a significant or                     and a submission to the Office of                        (b) The Superintendent will provide
                                             unique effect on State, local or tribal                 Management and Budget under the                       notice of all bicycle route designations
                                             governments or the private sector. It                   Paperwork Reduction Act is not                        through one or more of the methods
                                             addresses public use of national park                   required. We may not conduct or                       listed in § 1.7 of this chapter, and place
                                             lands, and imposes no requirements on                   sponsor and you are not required to                   the designations on maps that are
                                             other agencies or governments. A                        respond to a collection of information                available in the office of the
                                             statement containing the information                    unless it displays a currently valid OMB              Superintendent and other places
                                             required by the Unfunded Mandates                       control number.                                       convenient to the public.
                                             Reform Act (2 U.S.C. 1531 et seq.) is not               National Environmental Policy Act                        (c) The Superintendent may open or
                                             required.
                                                                                                        This rule does not constitute a major              close designated bicycle routes, or
                                             Takings (Executive Order 12630)                         Federal action significantly affecting the            portions thereof, or establish conditions
                                               This rule does not affect a taking of                 quality of the human environment. A                   or restrictions for bicycle use after
                                             private property or otherwise have                      detailed statement under the National                 considering public health and safety,
                                             takings implications under Executive                    Environmental Policy Act of 1969 is not               natural and cultural resource protection,
                                             Order 12630. A takings implication                      required because we reached the FONSI.                carrying capacity, and other
                                                                                                     A copy of the EA and FONSI can be                     management activities and objectives.
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                                             assessment is not required.
                                                                                                     found online at http://                                  (1) The Superintendent will provide
                                             Federalism (Executive Order 13132)                      parkplanning.nps.gov/brca by clicking                 public notice of all such actions through
                                               Under the criteria in section 1 of                    on the link entitled ‘‘Bryce Canyon                   one or more of the methods listed in
                                             Executive Order 13132, the rule does                    National Park Multi-Use Path’’ and then               § 1.7 of this chapter.
                                             not have sufficient federalism                          clicking on the link entitled ‘‘Document                 (2) Violating a closure, condition, or
                                             implications to warrant the preparation                 List.’’                                               restriction is prohibited.


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                                                                Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Rules and Regulations                                        24213

                                               Dated: April 17, 2015.                                Information (CBI) or other information                I. Background
                                             Michael Bean,                                           the disclosure of which is restricted by
                                                                                                                                                           A. CAA and SIPs
                                             Principal Deputy Assistant Secretary for Fish           statute. Do not submit information
                                             and Wildlife and Parks.                                 through http://www.regulations.gov or                    Section 110 of the CAA requires states
                                             [FR Doc. 2015–10170 Filed 4–29–15; 8:45 am]             email, if you believe that it is CBI or               to develop and submit to the EPA a SIP
                                             BILLING CODE 4310–EJ–P                                  otherwise protected from disclosure.                  to ensure that state air quality meets
                                                                                                     The http://www.regulations.gov Web                    National Ambient Air Quality Standards
                                                                                                     site is an ‘‘anonymous access’’ system,               (NAAQS). The NAAQS currently
                                                                                                     which means that the EPA will not                     address six criteria pollutants: Carbon
                                             ENVIRONMENTAL PROTECTION
                                                                                                     know your identity or contact                         monoxide, nitrogen dioxide, ozone,
                                             AGENCY
                                                                                                     information unless you provide it in the              lead, particulate matter, and sulfur
                                             40 CFR Parts 52                                         body of your comment. If you send an                  dioxide. Each federally-approved SIP
                                                                                                     email comment directly to the EPA                     protects air quality primarily by
                                             [EPA–R06–OAR–2014–0846; FRL–9927–10–                                                                          addressing air pollution at its point of
                                                                                                     without going through http://
                                             Region 6]                                                                                                     origin through air pollution regulations
                                                                                                     www.regulations.gov, your email
                                                                                                     address will be automatically captured                and control strategies. The EPA-
                                             Approval and Promulgation of
                                                                                                     and included as part of the comment                   approved SIP provisions and control
                                             Implementation Plans; Texas;
                                                                                                     that is placed in the public docket and               strategies are federally enforceable.
                                             Revisions to the State Implementation
                                                                                                     made available on the Internet. If you                States revise the SIP as needed and
                                             Plan; Stage I Regulations
                                                                                                     submit an electronic comment, the EPA                 submit revisions to the EPA for review
                                             AGENCY: Environmental Protection                        recommends that you include your                      and approval.
                                             Agency (EPA).                                           name and other contact information in                 B. Why do we regulate VOCs?
                                             ACTION: Direct final rule.                              the body of your comment along with
                                                                                                     any disk or CD–ROM submitted. If the                     Volatile Organic Compound is a term
                                             SUMMARY:    The Environmental Protection                EPA cannot read your comment due to                   used to describe a class of chemicals
                                             Agency (EPA) is taking a direct final                   technical difficulties and cannot contact             that react in the atmosphere in the
                                             action to approve revisions to the Texas                you for clarification, the EPA may not                presence of sunlight to form ozone.
                                             State Implementation Plan (SIP) related                 be able to consider your comment.                     Sources include vehicle exhaust,
                                             to Stage I Regulations that were                        Electronic files should avoid the use of              gasoline vapors, oil-based paints and
                                             submitted by the State of Texas on                      special characters and any form of                    industrial operations. A regulatory
                                             November 12, 2014. The EPA evaluated                    encryption and should be free of any                  definition of Volatile Organic
                                             the SIP submittal from Texas and                        defects or viruses. For additional                    Compounds can be found at 40 CFR
                                             determined these revisions are                          information about the EPA’s public                    51.100(s). The definition in Texas can
                                             consistent with the requirements of the                 docket, visit the EPA Docket Center                   be found in 30 TAC 115.10. Oxygen in
                                             Clean Air Act (Act or CAA). The EPA                     homepage at http://www.epa.gov/                       the atmosphere reacts with VOCs and
                                             is approving this action under the                      epahome/dockets.htm.                                  Oxides of Nitrogen to form ozone, a key
                                             federal CAA.                                               Docket: The index to the docket for                component of urban smog. Inhaling
                                             DATES: This direct final rule is effective              this action is available electronically at            even low levels of ozone can trigger a
                                             on June 29, 2015 without further notice,                www.regulations.gov and in hard copy                  variety of health problems including
                                             unless the EPA receives relevant                        at EPA Region 6, 1445 Ross Avenue,                    chest pains, coughing, nausea, throat
                                             adverse comment by June 1, 2015. If the                 Suite 700, Dallas, Texas. While all                   irritation, and congestion. It also can
                                             EPA receives such comment, the EPA                      documents in the docket are listed in                 worsen bronchitis and asthma. Exposure
                                             will publish a timely withdrawal in the                 the index, some information may be                    to ozone can also reduce lung capacity
                                             Federal Register informing the public                   publicly available only at the hard copy              in healthy adults.
                                             that this rule will not take effect.                    location (e.g., copyrighted material), and            C. What is Stage I Vapor Recovery?
                                             ADDRESSES: Submit your comments,                        some may not be publicly available at
                                                                                                                                                              Capturing the vapors from the
                                             identified by Docket ID No. EPA–R06–                    either location (e.g., CBI).
                                                                                                                                                           gasoline station storage tanks as tank-
                                             OAR–2014–0846, by one of the                            FOR FURTHER INFORMATION CONTACT:                      trucks fill these tanks, and returning the
                                             following methods:                                      Ms. Tracie Donaldson, (214) 665–6633,                 vapors to the tank-truck is commonly
                                                (1) www.regulations.gov: Follow the                  donaldson.tracie@epa.gov. To inspect                  known as Stage I vapor recovery. The
                                             on-line instructions.                                   the hard copy materials, please schedule              tank-truck then carries the vapors back
                                                (2) Email: Ms. Tracie Donaldson at                   an appointment with Ms. Donaldson or                  to the bulk gasoline plant or terminal.
                                             donaldson.tracie@epa.gov.                               Mr. Bill Deese at (214) 665–7253.                     To insure the vapors are not lost in
                                                (3) Mail or Delivery: Ms. Tracie                     SUPPLEMENTARY INFORMATION:                            transit, the Texas rules also include
                                             Donaldson, Air Permits Section (6PD–                    Throughout this document wherever                     requirements that the gasoline tank-
                                             R), Environmental Protection Agency,                    ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           trucks be tested for vapor tightness. We
                                             1445 Ross Avenue, Suite 1200, Dallas,                   the EPA.                                              are approving the vapor recovery
                                             Texas 75202–2733.                                                                                             requirements and the vapor tightness
                                                                                                     Table of Contents
                                                Instructions: Direct your comments to                                                                      requirements.
                                             Docket ID No. EPA–R06–OAR–2014–                         I. Background
                                             0846. EPA’s policy is that all comments                    A. CAA and SIPs                                    D. SIP Revision Submitted on November
                                             received will be included in the public                    B. Why do we regulate VOCs?                        12, 2014
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                                             docket without change and may be                           C. What is Stage I Vapor Recovery?                   On September 10, 2014, Texas
                                                                                                        D. SIP Revision Submitted on November
                                             made available online at http://                              12, 2014
                                                                                                                                                           Commission on Environmental Quality
                                             www.regulations.gov, including any                      II. EPA’s Evaluation                                  (TCEQ) adopted revisions to 30 Texas
                                             personal information provided, unless                   III. Final Action                                     Administrative Code (TAC) Chapter
                                             the comment includes information                        IV. Incorporation by Reference                        115, Control of Air Pollution from
                                             claimed to be Confidential Business                     V. Statutory and Executive Order Reviews              Volatile Organic Compounds,


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Document Created: 2018-02-21 10:14:43
Document Modified: 2018-02-21 10:14:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective June 1, 2015.
ContactDaniel J. Cloud, Chief of Facility Management, Bryce Canyon National Park, P.O. Box 640201, Bryce Canyon, UT 84764-0201. Phone: (435) 834-4720. Email: [email protected]
FR Citation80 FR 24210 
RIN Number1024-AE23
CFR AssociatedNational Parks and Reporting and Recordkeeping Requirements

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