80 FR 51945 - Special Regulations; Areas of the National Park System, Cuyahoga Valley National Park, Bicycling
DEPARTMENT OF THE INTERIOR
National Park Service Federal Register Volume 80, Issue 166 (August 27, 2015)
National Park Service
Federal Register Volume 80, Issue 166 (August 27, 2015)
| Page Range | 51945-51952 | |
| FR Document | 2015-21198 |
[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)] [Rules and Regulations] [Pages 51945-51952] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21198] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Part 7 [NPS-CUVA-18292; PPMWCUVAR0, PPMRSNR1Z.Y00000] RIN 1024-AE18 Special Regulations; Areas of the National Park System, Cuyahoga Valley National Park, Bicycling AGENCY: National Park Service, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The rule authorizes and allows for the management of bicycle use on certain new trails within Cuyahoga Valley National Park. 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: The rule is effective September 28, 2015. FOR FURTHER INFORMATION CONTACT: Lisa Petit, Chief of Resource Management, Cuyahoga Valley National Park, (440) 546-5970. SUPPLEMENTARY INFORMATION: Background Legislation and Purposes of Cuyahoga Valley National Park On December 27, 1974, President Gerald Ford signed Pub. L. 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 (CUVA or Park) with the passage of the Department of the Interior and Related Agencies Appropriations Act (Pub. L. 106-291). CUVA 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, CUVA includes approximately 33,000 acres of land, with 19,000 acres under the administration 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 CUVA. 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 [[Page 51946]] 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 CUVA 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 CUVA, 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 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. Comprehensive Trail 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 2013, CUVA completed a Comprehensive Trails Management Plan/Environmental Impact Statement (TMP/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 TMP/EIS. The goals of the TMP/EIS were to develop a trail network that:Provides experiences for a variety of trail users; shares the historic, scenic, natural and recreational significance of the Park; minimizes impacts to the park's historic, scenic, natural and recreational resources; can be sustained; and engages cooperative partnerships that contribute to the success of the Park's trail network. The Park conducted internal scoping with Park staff, regional park district partners, and the Conservancy for Cuyahoga Valley National Park and external scoping, including the mailing and distribution of four separate newsletters, nine public meetings, and a 60-day public comment period. As a result of this process, eight alternatives, including a ``No Action Alternative,'' for the Park's Trail Management Plan were developed. The Record of Decision (ROD), for the TMP/EIS, signed by the NPS Midwest Regional Director on August 8, 2013, identified the Preferred Alternative 5 as the Selected 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 approximately eight additional miles of existing trail or roadways that could be authorized for bicycle use in the future. The construction and authorization of these trails for bicycle use will be conditional on funding and subject to the development of other facilities or activities (including evaluation of resource impacts) conducted prior to implementation. Due to the age and conceptual nature of the 1977 GMP, a 2013 Foundation Document was developed for the Park that identifies active recreation and implementation of the TMP/EIS as an objective to meets its goals. The TMP/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 will not be immediately open for use. An Implementation Strategy 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 the overarching program under which this implementation strategy will be realized. 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. Notice of Proposed Rulemaking On October 14, 2014 the NPS published a proposed rule that would authorize and allow for management of bicycle use on certain new trails within CUVA, (79 FR 61587). The proposed rule was available for a 60- day public comment period, from October 14, 2014 through December 15, 2014. Comments were accepted through the mail, by hand delivery, and through the Federal eRulemaking Portal: http://www.regulations.gov. [[Page 51947]] Summary of and Responses to Public Comments The NPS received 300 public comments during the comment period. Responses to the comments mostly referred to the TMP/EIS completed in 2013. Of these comments, 276 expressed support for the proposed rule. One supportive comment was from an organization, the National Parks Conservation Association, and the rest were from individuals. There were three commenters who had a neutral stance and 21 comments submitted in opposition to the proposed rule. There were no opposing responses from organizations. Supporting Comments The 276 supporting comments expressed eight central themes: Engaging More Park Users Including Youth and Families The authorization of off-road bicycle use in CUVA will expand the utilization of the park by new users, including youth and families, by providing new and exciting opportunities to participate in outdoor recreation activities. Providing younger members of society with off- road bicycling opportunities encourages them to develop a sense of pride and ownership in the trails they ride and maintain, creating the next generation of stewards. It is well substantiated that there are many individuals that enjoy this activity in other parks and on other public lands outside of the region with only a few areas available within the region. Recent years have seen new trails within Cleveland Metroparks and Summit Metro Parks and the activity continues to grow in popularity as evidenced by an increase in bike sales. Healthy Lifestyles/Enjoying Nature Allowing off-road bicycle use is important for public health because it contributes to healthy, active lifestyles and getting people out into nature. Bike riding is well established as a significant form of exercise that contributes to personal health and well-being. By providing for greater use of bicycles on trails more people can benefit from this form of exercise as well enjoying time in the out of doors Tourism & Economic Development Allowing off-road bicycle use is an important draw for tourism and a catalyst for economic development in and around CUVA and the northeast Ohio region. CUVA serves increasingly as a destination for out of town visitors crossing the country and visiting national parks. With the addition of off-road single track bike trails, the park and region will be even more inviting as a destination for extended-stay excursions. Bike trails are well known to be a quality of life indicator and an attraction for young professionals and others looking to relocate for jobs and family. Volunteerism & Stewardship Off-road bicycle use is environmentally appropriate and can contribute to protection of natural and cultural resources. This has been demonstrated both outside of our region and within our area, where many individuals who are avid off-road bicyclists frequently volunteer for trail maintenance and stewardship activities. The bicycling community provides extensive education to encourage volunteerism and environmental stewardship. This education includes trail etiquette to facilitate coexistence among user groups, and to model appropriate use of the trails systems for improved safety. Local park districts within the surrounding communities have developed a volunteer network of trail stewards that maintain and patrol trails and report when conditions are not favorable for riding and/or when closing a trail is needed to prevent damage. Planning, Sustainability, Safety The NPS is a trusted source for protection of natural resources and included a robust planning process and Sustainable Trail Design Guidelines in the preparation of the TMP/EIS. These activities reinforce the communities' knowledge and appreciation for appropriate planning processes, and provide leadership in the execution of sustainable trail building practices that will benefit other public land stewards in the region. Safety is a primary design criterion for trail improvements within the park and is central to considerations for operational and utilization decisions. Increased Access and Trail Linkages Allowing off-road bicycle use will make remote parts of CUVA more accessible to some visitors who want to experience the full breadth of resources in the park. Additionally, there will be opportunities for additional linkages and looped systems within the existing trail network. Community Development & Partnerships Bicycle trails in CUVA have been the center point for partnerships and community development, such as the volunteer efforts of the Boy Scouts to build the Arrowhead Trail. If permanent access for bicycle use is allowed, these relationships will continue to flourish, building a sense of stewardship among trail users and park staff. Resource Protection The construction of single track off-road bicycle trails will exemplify sustainable construction practices and provide an educational opportunity to the public and volunteers participating in construction and maintenance. This exposure will enable users to better understand the sensitivity of natural resources and how proper design practices are necessary for protection and conservation. Volunteers can become engaged in the on-going maintenance and consequently learn firsthand the proper construction and maintenance techniques to protect natural resources. This has been demonstrated both outside of our region and within our area where many individuals who are avid off-road bicyclists frequently volunteer for trail maintenance and stewardship activities. Some commenters supported the new bicycle rule but also had questions, asked for clarifications, or proposed ideas for which the NPS has prepared responses. These comments are paraphrased and answered below: 1. Comment: I would propose that a mountain bike trail be built on Latta Lane where homes were previously located. This area is flat and would not need extensive construction to create a parking space. Response: Latta Lane has been proposed as a designated camping area in the Park's Boston Mills Area Conceptual Development Plan and Environmental Assessment (2013). No off-road bicycle trails are planned for this area. 2. Comment: ``Outside of developed areas'' needs to be clarified. Response: Developed area is defined at 36 CFR 1.4, and means roads, parking areas, picnic areas, campgrounds, or other structures, facilities or lands located within development and historic zones depicted on the park area land management and use map. Trails in developed areas are typically multi-use trails, with improved surface pathways that serve several types of users including bicyclists and hikers. Off-road bicycle trails are located in undeveloped areas of a park, designed with a natural surface and designated for cross-country non-motorized bicycle use that can also be utilized for hiking or running. 3. Comment: I would also love to see Thru Hiking and Thru Biking such as the Chesapeake and Ohio Canal NP. I [[Page 51948]] would also like to see easier put in and take out for paddling. Response: Within the Park, the Ohio & Erie Canal Towpath Trail and the Summit Metro Park's Bike & Hike Trail currently offer thru biking and hiking with existing and proposed connections between the two. The Buckeye Trail offers thru hiking as well. A water trail with launch sites has been proposed in TMP/EIS. 4. Comment: I'm not sure what the ``cross country'' designation for the High Meadow Trail means. Does this mean that it is for foot and bicycle use? Also for that trail, where are the end points of the trail? A little more description in the proposal would be helpful. Response: In the TMP/EIS, High Meadow is a proposed 5-kilometers (3.1 miles) loop trail for cross-country skiing training and competitive purposes, located west of Blue Hen Falls along Boston Mills Road. The trail would link to the Buckeye Trail for hike connections and is proposed for conditional use as an off-road bicycle trail. Conditional use of High Meadow is subject to evaluation by the Park of the following activities: Implementation of the proposed East Rim Trail and its success to meet the goals and objectives of the Trail Plan, Cleveland Metroparks' implementation of off-road bicycle use on the Buckeye Trail portion owned by them that may terminate at NPS lands, and evaluation of the potential impacts of bicycle use on the NPS portion of the Buckeye Trail. Because no other conditional trails are included in this rule, and because the use of High Meadow Trail for bicycling is contingent on other conditional trails being established, this trail is being withdrawn from and will not be authorized for bicycle use in this final rule. 5. Comment: Can the superintendent deny bicycle access at any time despite information included in the EIS, and that any new trail openings will require a separate approval? Was the scope of the EIS only to allow the construction of the trails, irrespective of the intended use of the trails? Or is this language to assure that, in the case of changing/degrading conditions over time, that some person has the authority to suspend use of the trails until solutions can be implemented? Response: New trail construction requires additional compliance or agency review prior to implementation, subject to federal and park regulations. The TMP/EIS developed a blueprint that will guide the expansion, restoration, management, operations and use of the trail system and its associated amenities, over the next 15 years, in keeping with the purpose, mission and significance of CUVA. As this plan is implemented, all trails and their uses will be evaluated and monitored to ensure resource protection, visitor safety, and operational sustainability. The Superintendent of CUVA will have the authority to close or restrict use of trails after taking into consideration public health and safety, resource protection, and other management activities and objectives. 6. Comment: I believe there needs to be stricter regulation of bike trails than hiker trails. Bikers should stay on these proposed trails that were designed for their use. Response: All trails will be monitored as per the Sustainable Trail Guidelines (Appendix C) of the TMP/EIS. Education, signage and monitoring will help curb straying from the trail tread. 7. Comment: I would expect and hope that the Bike and Hike Trail would connect to this [East Rim] trail at several points and also the Towpath could also connect to this at a point or two as well. Response: Access to the proposed East Rim Trail is from the Bike & Hike Trail. There are existing and proposed connections between the Bike & Hike Trail and the Ohio & Erie Canal Towpath Trail as proposed in the TMP/EIS. 8. Comment: I hope the mountain bike trails have a variety of difficulty levels--easy, medium and hard--to satisfy the different visitors. I also hope that you offer classes or workshops for the beginning rider. And I would like to see the Carriage Trail re-opened soon! Response: Trails will be built working with the terrain using the Sustainable Trail Guidelines and the goal is to have a variety of difficulty levels. The Park identifies the restoration of the Old Carriage Trail bridges for visitor use within the Trail Plan. The Park continues to seek funding for the design, engineering and construction work required for replacement of three deteriorated, long-span trail bridges. Once this construction work is completed the Old Carriage trail will be opened for public use. 9. Comment: ``Mountain bikes just tear up trails'', but in the late fall and all spring, the bridle trails can be completely decimated by horses. There are portions that are not even suitable for hiking, let alone running. Response: The Park will use the Sustainable Trail Guidelines for all trails and implement seasonal closures to protect park resources and to meet the goals of a sustainable trails system in the Park. Seasonal closures will reduce impacts to park resources, minimize risk of tread widening, reduce annual maintenance costs to high-risk areas and provide an improved visitor experience during the drier seasons of the year. Natural resource related seasonal closures will address three primary conditions; wet, muddy conditions, flood events, and wildlife nesting activities. The Park may identify additional resource or operational issues that require seasonal trail closures. 10. Comment: Ten miles of single track is much too short. Having volunteered at the park for several years, I'm curious why there are over twice the miles of bridle trails to the proposed single track? Response: During public scoping of the TMP/EIS, many of the trail user groups, particularly the mountain bike and equestrian trail users, desired significantly expanded trail miles within CUVA for their particular use. Given the current level of use, limitations of land ownership and resource conditions, and current, planned or projected regional trail systems available to these user groups, significant expansions were not included in the selected alternative. 11. Comment: I would also love to see areas that allowed climbing. There were so many opportunities in the park for climbing. Response: During the public scoping period of the TMP/EIS, the public was invited to provide ideas regarding the future trail system in the Park. Some proposals like rock climbing were outside the scope of the TMP/EIS and were not considered. Rock climbing is prohibited in CUVA. 12. Comment: If off-road refers to something with a motor I object. Motors do NOT belong in a park. Response: Off-road motorized vehicles are prohibited by NPS Management Policies and are not permitted on current or proposed park trails. Neutral Comment One neutral commenter proposed ideas for which the NPS has prepared a response. The comment is paraphrased and answered below: Comment: I think the CUVA should limit single-track bike trails within its federal boundaries to this east rim. The plan suggests possible future off road bicycle development along the High Meadow/ Buckeye trail area of the CUVA. If the Cleveland Metroparks decides to put in a bike trail in the more remote southern section of the Brecksville Reservation I do not think the CUVA needs to extend that use through federal property. My reasons are as follows: Existing off road trails in Bedford Reservation and in-process [[Page 51949]] trails at Hampton Hills Metro Park now complement the CUVA's Eastern Rim plan and extend off road bike trail connections at both ends of the park. Development of off road trails in less used portions of the park does isolate them, but the fast pace, rough and probable heavy use alters the localized area. The western rim should be kept as it is--a quieter, more isolated area of the park, where one can experience this geologically interesting portion of the park without off-road biking trails. Response: In the TMP/EIS, High Meadow is a proposed 5-kilometers (3.1 miles) loop trail for cross-country skiing training and competitive purposes, located west of Blue Hen Falls along Boston Mills Road. The trail would link to the Buckeye Trail for hike connections and is proposed for conditional use as an off-road bicycle trail. Conditional use of High Meadow is subject to evaluation by the Park of the following activities: Implementation of the proposed East Rim Trail and its success to meet the goals and objectives of the Trail Plan; Cleveland Metroparks' implementation of off-road bicycle use on the Buckeye Trail portion owned by them that may terminate at NPS lands; and evaluation of the potential impacts of bicycle use on the NPS portion of the Buckeye Trail. Because no other conditional trails are included in this rule, and the use of High Meadow Trail for off-road bicycles is contingent on other conditional trails being established, this trail location is being withdrawn from and will not be authorized for bicycle use in this final rule. Opposing Comments The 24 comments submitted in opposition to off-road bicycle trails were focused on five primary areas of concern: Impacts on natural resources; User conflicts-safety; User conflicts-visitor experience; NPS operational burden; and Inconsistency with NPS mission. Impacts on Natural Resources The most common concern expressed by commenters in opposition to the proposed rule was that off-road bicycles cause serious impacts to natural resources, including wildlife habitat, plants, soils, and water quality. Representative Comments (1) Trail building destroys wildlife habitat! It not only destroys the habitat under and next to the trail, but it renders a wide swathe of habitat on either side of the trail useless to the wildlife, due to the presence of people. (2) Each time a pathway is created, that new opening allows invasive species into that area, both plant and animal. (3) This is not a good idea. The trails already suffer erosion from heavy use and allowing mountains bikes will only worsen the problem. (4) Constructing new trails removes vegetation, which fragments habitats, risks destroying important or rare species, and can contribute to high soil erosion, which leads to water contamination. Response: The analysis of potential adverse effects of trail elements in the selected action is provided in Chapter 4 of the TMP/ EIS. Impacts of the proposed off-road bicycle trails on wildlife and wildlife habitat, vegetation, soils, and water quality are expected to be relatively minor because of the locations selected, the current ecological conditions, and the use of Sustainable Trail Guidelines for planning, design, construction, management and monitoring of all trails. Sensitive habitats including wetlands will be avoided, and trails will be constructed using best practices to minimize adverse impacts such as erosion. As stated in the Record of Decision for the TMP/EIS, ``as the NPS implements the actions associated with the selected action, it must protect the park's natural and cultural resources and not impair the quality of the visitor experience. Additionally, bicycle use must be consistent with the protection of the park area's natural, scenic and aesthetic values, safety considerations and management objectives, and not disturb wildlife or park resources. To ensure that this occurs, a consistent set of mitigation measures will be applied to all trail management actions in the park. The NPS will avoid, minimize, and mitigate adverse impacts of trail management actions when practicable. Compliance monitoring and reporting will be part of all mitigation measures. The Sustainable Trail Guidelines outline monitoring that will be conducted to detect and arrest resource damage from trail use. In addition, the Superintendent will be authorized to impose closures or restrictions on bicycle trails after taking into consideration public health and safety, resource protection, and other management activities and objectives. User Conflicts--Safety Most comments in opposition to the proposed rule expressed concern for safety of hikers sharing trails with off-road bicycles, primarily due to concerns about speed and inconsiderate/intimidating behavior of bikers, as well as a perception that bikers have little regard for authority or regulations. Representative Comments (1) If you have ever tried to hike around large, fast-moving pieces of machinery such as bicycles, you know that it is scary and no fun! (2) I avoid areas used by mountain bikers because, generally speaking, they are rude by not signaling when approaching from behind and scare the ``heck'' out of you. They also speed on the trails and do not have good control of their bikes. (3) I have enough difficulty on the authorized paved hike and bike trails trying to bird watch or nature study, while dodging inconsiderate bikers too oblivious to issue an approaching warning. (4) Much of the scenic opportunity seems lost on cyclists who are more concerned with how fast they can get from point A to point B. (5) Mountain bikers consider themselves renegades with justified use of all public land with impunity. Response: This rule provides the Superintendent the authority to manage off-road bicycling on trails in undeveloped areas, including the establishment and enforcement of closures, restrictions, and conditions to ensure public safety and protection of park resources. Public scoping provided a variety of ideas regarding trail sharing among different user groups. The Park utilized data and research available on a variety of trail systems to evaluate visitor experience of trail uses, as outlined in the TMP/EIS. The information indicated that some trail uses are more compatible together than others. The selected alternative provides opportunities for increased trail sharing among compatible trail uses such as off-road bicycles and hikers, and limits sharing between less compatible trail user groups. The sharing of trails among compatible user groups will assist the Park in meeting goals of the TMP/EIS to minimize the footprint of trails within the Park to protect resources. The Sustainable Trail Guidelines outline methods that will be used to monitor visitor carrying capacity on trails. In addition to impacts on natural resources, numbers of different user types on trails and incidents of conflict or accidents will be monitored to determine methods to eliminate conflicts and impacts. User Conflicts--Visitor Experience Some commenters expressed specific concerns that off-road bicycles disrupt the quiet and tranquility of the hiking experience. [[Page 51950]] Representative Comments (1) Bicyclists inevitably . . . disrupt the peace and tranquility that comes with a National Park experience. (2) Biking in pristine areas takes away the beauty and quiet of the area. (3) The serenity and tranquility have forever been transformed into the BMX race course. (4) Please do not allow mountain bikes in the Cuyahoga Valley Park. It will ruin the sublime, quiet nature of the park, at the expense of walkers and joggers. Response: The preferred alternative in the TMP/EIS was the selected action because it best fulfills the purpose and need for the plan and provides the broadest range of visitor experiences while minimizing impacts to park resources. Most existing trails and proposed new trails will be primarily for hiking and will provide a variety of experiences, including more remote, primitive experiences. Where shared use between off-road bicycles and hikers is planned, park managers will monitor visitor carrying capacity and manage trail use to minimize or eliminate user conflicts and ensure safety. Further, this rule will authorize the Superintendent to impose closures and or establish conditions or restrictions on bicycle trails after taking into consideration public health and safety, resource protection, and other management activities and objectives. NPS Operational Burden Many commenters expressed concerns regarding the costs of long-term maintenance of trails. Some concerns were related to there being enough or too many trails in the park already. Comments also included concerns about prioritization of trail work, suggesting more emphasis on improving existing trails before building new trails. Two commenters specifically mentioned that the Old Carriage Trail bridges should be replaced. Representative Comments (1) No money should be spent on these new trails until the Bridges on the Old Carriage Trail have been replaced. (2) You don't seem to be able to maintain the trails that you have now. Much of the buckeye trail through the park would greatly benefit from stabilization projects. (3) I would . . . request that before proceeding with actual trail construction CUVA consider adopting a method, open for public comment, for determining the priority in which proposed trail changes set forth in the Trail Plan are to be implemented. (4) I just think that preexisting trails are sufficient and there is no need to create more. Sticking to preexisting trails . . . will not significantly increase trail maintenance as the creation of new trails would. Response: The TMP/EIS is intended to set a vision for implementation over the next 15 years. Implementation will occur as funding becomes available and projects are prioritized. This Plan will require the NPS to seek a new approach for funding than traditional NPS base and capital budgets. The Conservancy for Cuyahoga Valley National Park assists the park trails through fundraising efforts under the TRAILS FOREVER Program for trail maintenance and capital projects. The creation of a portfolio of funding sources is necessary to accomplish the recommendations set forth in the TMP/EIS and will be part of the Implementation Strategy that is identified in the TMP/EIS. Prioritization of trail projects will emphasize restoration and maintenance of existing trails as well as seeking funding to implement new trails. The Park will continue to work in cooperation with trail stakeholder groups as appropriate in the planning and design process for trails. In addition, the Old Carriage Trail bridges remain a priority for the Park, which continues to pursue funding opportunities to replace the failing bridges. Inconsistency With NPS Mission Some commenters expressed concerns that allowing off-road bicycles outside of developed areas was inconsistent with the mission of the NPS and of the CUVA. Representative Comments (1) Thought the national park systems were created to preserve the natural biological systems remaining in this land, and not provide an outlet for mechanized thrill seekers. Authorizing such activities is not in keeping with the intent of the national park system, and I urge you to severely limit, or totally ban any such activities on park lands. (2) The purpose of the park is to preserve nature and enjoy it--not to damage it with deep ruts that create more erosion and mud, etc. (3) The primary purpose of the national park system is to PRESERVE those remaining bits of wildlife habitat, so that all future generations will still be able to experience it. You are failing to adhere to your mission. (4) Is the CUVA's main attraction really ``trails''? And should the park want to be characterized that way? What is the desired experience for visitors from other states, for locals who walk or bike casually in the park, for suburban/urban families who visit on weekends? How does the CUVA make itself different from a state park or a metropark or a national recreation area? Response: The enabling legislation that established CUVA states that the park was created ``To preserve and protect 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.'' The purpose of the TMP/EIS is to develop a blueprint that will guide the expansion, restoration, management, operations and use of the trail system and its associated amenities, over the next 15 years, in keeping with the purpose, mission and significance of CUVA. Since its establishment in 1974, the Park has experienced significant changes in visitation, programs and operations. Outdoor recreation trends have continued to evolve over the past 31 years in how visitors use or would like to use the Park. The additional development of trails and trail facilities will assist in meeting the needs of current and future visitation to the Park's trails. Changes From the Proposed Rule After consideration of the public comments, and additional review, the NPS has determined that one substantive change is necessary in the final rule: Removal of the High Meadow Trail from consideration as an off-road bicycle trail. This trail is designated as a cross-country ski trail, with conditional status as a potential off-road bicycle trail. Because no other conditional trails are included in this rule, and the use of High Meadow Trail for off-road bicycles is contingent on other conditional trails being established, this trail location is being withdrawn from and will not be authorized for bicycle use in this final rule. The Final Rule To provide visitors with additional recreational bicycling opportunities and in compliance with the provisions of 36 CFR 4.30, this rule will allow the Superintendent to authorize bicycle use on all or portions of each of the following trails: [[Page 51951]] ---------------------------------------------------------------------------------------------------------------- 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. Old Carriage Connector Trail... 0.35 miles....... Crushed gravel... Multi-purpose.... Extension of existing Old Carriage Road connector to existing Bike and Hike Trail. 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 authorized for bicycle use, the Superintendent will be required to issue a written determination that the trail is open for public use and that bicycle use is consistent with the TMP/EIS, including implementation of the park's sustainable trail guidelines with monitoring and mitigation through adaptive management. This will 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 TMP/EIS ROD, and the written determination will be added into the park's administrative file for the trail project. The Superintendent will provide public notice when trail(s) are authorized for bicycle use through one or more of the procedures under 36 CFR 1.7. The final rule also authorizes the Superintendent to establish conditions, impose closures, or restrictions for bicycle use on authorized trails, 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 criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and [[Page 51952]] (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 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 TMP/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. Drafting Information The primary authors of this regulation are Lynn Garrity, and Kim Norley, Cuyahoga Valley National Park, and C. Rose Wilkinson and A.J. North, NPS Regulations Program, Washington, DC. List of Subjects in 36 CFR Part 7 National Parks, Reporting and recordkeeping requirements. In consideration of the foregoing, the NPS amends 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: 54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also issued under D.C. Code 10-137 and D.C. Code 50-2201.07. 0 2. Amend Sec. 7.17 by revising the section heading and adding paragraph (b) to read as follows: Sec. 7.17 Cuyahoga Valley National Park. * * * * * (b) Bicycles. (1) The Superintendent may authorize bicycle use on all or portions of each of the following trails: (i) East Rim (approximately 10 miles); (ii) Old Carriage Connector Trail (approximately 0.35 miles); and (iii) Highland Connector Trail (approximately 1.0 mile). (2) After trail construction is complete: (i) To authorize bicycle use, the Superintendent must make a written determination that: (A) The trail 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 authorized trails, 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: July 31, 2015. Michael Bean, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2015-21198 Filed 8-26-15; 8:45 am] BILLING CODE 4310-EJ-P
![Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations 51945
For the reasons discussed in the Port Buffalo or his on-scene Cuyahoga Valley National Park, (440)
preamble, the Coast Guard amends 33 representative may be contacted via 546–5970.
CFR parts 165 as follows: VHF Channel 16. Vessel operators given SUPPLEMENTARY INFORMATION:
permission to enter or operate in the
PART 165—REGULATED NAVIGATION safety zone must comply with all Background
AREAS AND LIMITED ACCESS AREAS directions given to them by the Captain Legislation and Purposes of Cuyahoga
of the Port Buffalo, or his on-scene Valley National Park
■ 1. The authority citation for Part 165 representative.
continues to read as follows: (4) Additionally, all vessels over 65 On December 27, 1974, President
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; feet intending to transit, moor or Gerald Ford signed Pub. L. 93–555
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; conduct operations to include loading creating Cuyahoga Valley National
Department of Homeland Security Delegation or discharging of cargo or passengers in Recreation Area for the purpose of
No. 0170.1. the Cuyahoga River while the safety ‘‘preserving and protecting for public
■ 2. Add § 165.T09–0082 to read as zone is being enforced should request use and enjoyment, the historic, scenic,
follows: permission from the COTP or his/her natural, and recreational values of the
designated representative at least 12 Cuyahoga River and the adjacent lands
§ 165.T09–0082 Safety Zone; Cleveland hours before the zone is established. of the Cuyahoga Valley and for the
Dragon Boat Festival and Head of the
(e) Exemption. Public vessels, as purpose of providing for the
Cuyahoga, Cuyahoga River, Cleveland, OH.
defined in paragraph (c) of this section, maintenance of needed recreational
(a) Location. The following area is a are exempt from the requirements in open space necessary to the urban
safety zone: All waters of the Cuyahoga this section. environment.’’ In 2000, Congress
River, Cleveland, OH between a line (f) Waiver. For any vessel, the Captain redesignated Cuyahoga Valley National
drawn perpendicular to the river banks of the Port Buffalo or his designated Recreation Area as Cuyahoga Valley
from position 41°29′55″ N., 081°42′23″ representative may waive any of the National Park (CUVA or Park) with the
W. (NAD 83) just past the Detroit- requirements of this section, upon passage of the Department of the Interior
Superior Viaduct bridge at MM 1.42 of finding that operational conditions or and Related Agencies Appropriations
the Cuyahoga River south to a line other circumstances are such that Act (Pub. L. 106–291).
drawn perpendicular to the river banks application of this section is
at position 41°28′32″ N., 081°40′16″ W. CUVA is an important national
unnecessary or impractical for the resource within a predominantly
(NAD 83) just south of the Interstate 490 purposes of public or environmental
bridge at MM 4.79 of the Cuyahoga metropolitan region, where the Park is
safety. visited by approximately 2,500,000
River.
(b) Enforcement period. The third Dated: August 7, 2015. people annually. Located in Cuyahoga
Saturday of September each year from 7 B.W. Roche, and Summit Counties, Ohio, and
a.m. to 4 p.m. Captain, U.S. Coast Guard, Captain of the situated between the cities of Cleveland
(c) Definitions. The following Port Buffalo. and Akron, CUVA includes
definitions apply to this section: [FR Doc. 2015–21301 Filed 8–26–15; 8:45 am] approximately 33,000 acres of land,
(1) ‘‘On-scene Representative’’ means BILLING CODE 9110–04–P with 19,000 acres under the
any Coast Guard commissioned, administration of the National Park
warrant, or petty officer designated by Service (NPS). The Park contains
the Captain of the Port Buffalo to DEPARTMENT OF THE INTERIOR significant resources, including the
monitor a safety zone, permit entry into Cuyahoga River Valley and its
the zone, give legally enforceable orders National Park Service associated ecological functions, rich
to persons or vessels within the zones, cultural resources and landscapes, and
and take other actions authorized by the 36 CFR Part 7 a variety of recreational and outdoor use
Captain of the Port. opportunities.
[NPS–CUVA–18292; PPMWCUVAR0,
(2) ‘‘Public vessel’’ means vessels PPMRSNR1Z.Y00000] In the 1930’s the Cuyahoga Valley
owned, chartered, or operated by the provided a respite for urban dwellers
RIN 1024–AE18 from Cleveland and Akron. During this
United States, or by a State or political
subdivision thereof. time period, private estates in the
Special Regulations; Areas of the
(d) Regulations. (1) In accordance Cuyahoga Valley had established trails
National Park System, Cuyahoga
with the general regulations in § 165.23 and carriage roads for their private
Valley National Park, Bicycling
of this part, entry into, transiting, or recreational enjoyment, including
anchoring within this safety zone AGENCY: National Park Service, Interior. places like the Old Carriage trail area
identified in paragraph (a) of this ACTION: Final rule. and the Wetmore trails. Over the years,
section is prohibited unless authorized these lands and other park lands were
by the Captain of the Port Buffalo or his SUMMARY: The rule authorizes and incorporated into the Cleveland
designated on-scene representative. allows for the management of bicycle Metroparks and Summit Metro Parks
(2) The safety zone identified in use on certain new trails within that are now part of what is designated
paragraph (a) of this section is closed to Cuyahoga Valley National Park. The as CUVA. Two significant trail corridors
all vessel traffic, except as may be National Park Service general regulation accelerated the recreational connections
permitted by the Captain of the Port pertaining to bicycles requires to the Valley: The conversion of an
promulgation of a special regulation to abandoned railroad bed to the Bike and
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Buffalo or his designated on-scene
representative. authorize bicycle use on new trails Hike Trail in 1970 and the construction
(3) Vessel operators desiring to enter constructed outside of developed areas. of the Towpath Trail in the late 1980’s
or operate within the safety zone must DATES: The rule is effective September and early 1990’s. Many of the trails from
contact the Captain of the Port Buffalo 28, 2015. the earliest days of Cuyahoga Valley as
or his on-scene representative to obtain FOR FURTHER INFORMATION CONTACT: Lisa a recreation destination remain today
permission to do so. The Captain of the Petit, Chief of Resource Management, for visitors to enjoy and share the
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experience that has remained for over a major recreational activity within the development of other facilities or
century. Cuyahoga Valley. activities (including evaluation of
The Park’s General Management Plan/ resource impacts) conducted prior to
Environmental Impact Statement (GMP) Comprehensive Trail Management Plan
implementation.
confirms the purpose, significance, and In 1985, the Park’s first Trail Due to the age and conceptual nature
special mandates of the Park. According Management Plan was developed as the of the 1977 GMP, a 2013 Foundation
to the Park’s GMP, one of the significant primary document to initiate many Document was developed for the Park
purposes of CUVA is to ‘‘[preserve] a trails in the Park. The 1985 Trail Plan that identifies active recreation and
landscape reminiscent of simpler times, identified 105 miles of existing trails implementation of the TMP/EIS as an
a place where recreation can be a and proposed and evaluated 115 miles objective to meets its goals. The TMP/
gradual process of perceiving and of new trail. An additional 46 miles of EIS and ROD may be viewed online at
appreciating the roots of our trails were identified for future http://parkplanning.nps.gov/
contemporary existence.’’ The GMP also consideration but were not evaluated in cuyahogatrailplan.
provides direction for park management the 1985 Trail Plan. In 2013, CUVA
during land acquisition and provides a completed a Comprehensive Trails Construction and Management of the
framework for NPS managers to use Management Plan/Environmental Bicycle Trails
when making decisions about how to Impact Statement (TMP/EIS) to guide Many of the proposed bicycle trails
conserve the Park’s resources and the expansion, restoration, management, have not yet been built and will not be
manage visitor uses in the Park. operations, and use of the trail system immediately open for use. An
Resource preservation for compatible and its associated amenities over the Implementation Strategy is under
recreational use is the overall concept next 15 years, while keeping with the development to prioritize trail projects
for management and development of the purpose, mission, and significance of and assemble the additional planning,
Park. the Park. Some trails proposed in the funding, staffing, project management,
Current Status of Trails and Associated 1985 Trail Plan but not yet implemented and monitoring that will be needed to
Facilities were considered as part of the TMP/EIS. accomplish them successfully. The
The goals of the TMP/EIS were to Trails Forever Program, administered by
Regional recreational trail networks develop a trail network that: the Park in partnership with the
have blossomed across Northeastern • Provides experiences for a variety of Conservancy for Cuyahoga Valley
Ohio, increasing demands for additional trail users; National Park, will be the overarching
trail connections, new trail uses, and • shares the historic, scenic, natural
expanded recreational opportunities. program under which this
and recreational significance of the
Today, the Park contains approximately implementation strategy will be
Park;
175 miles of trails, approximately 97 • minimizes impacts to the park’s realized.
miles of which are managed by the NPS. historic, scenic, natural and recreational Volunteers for trail work at the Park
The NPS trail system consists of three resources; will continue to be a vital component of
long-distance trails—the Towpath Trail, • can be sustained; and trail stewardship in the Park.
Buckeye Trail and Valley Bridle Trail— • engages cooperative partnerships Management and coordination of
and eleven smaller localized trail that contribute to the success of the volunteers will continue through the
systems with separate access points. Park’s trail network. joint Volunteer Program office of the
The park currently has one limited The Park conducted internal scoping Park and the Conservancy for Cuyahoga
community connector through the Old with Park staff, regional park district Valley National Park. The use of Park
Carriage Trail connector trail in the partners, and the Conservancy for staff and the existing volunteer trail
northern portion of the park and has Cuyahoga Valley National Park and groups to monitor and mitigate the
some portions of the primary roadways external scoping, including the mailing environmental impacts of bicycle use on
improved for bike use. Metropark and distribution of four separate these trails will ensure that the trails are
partners provide five additional trail newsletters, nine public meetings, and a maintained in good condition and that
systems within their units inside CUVA, 60-day public comment period. As a any issues of concern are immediately
and another trail, the Buckeye Trail, is result of this process, eight alternatives, brought to the attention of Park
managed by the Buckeye Trail including a ‘‘No Action Alternative,’’ for management. In addition, the Park will
Association. Currently, the Park the Park’s Trail Management Plan were continue to update its Sign Plan and
provides access to all its trails through developed. upgrade park and trail signs
25 trailheads and from the four primary The Record of Decision (ROD), for the accordingly. As trail signs are updated,
Visitor Contact Centers. TMP/EIS, signed by the NPS Midwest trail accessibility information for each
These trails provide for various uses, Regional Director on August 8, 2013, trail will be made available to the
including 34 miles for hiking and trail identified the Preferred Alternative 5 as public.
running only, 22 miles for multipurpose the Selected Alternative for
Notice of Proposed Rulemaking
biking and hiking, 17 miles for cross- implementation. Under this Alternative,
country skiing, and 35 miles for approximately 14.5 miles of new bicycle On October 14, 2014 the NPS
equestrian riding. Nonetheless, requests trails could be constructed in published a proposed rule that would
for new trail uses to meet the needs of undeveloped regions of the park and authorize and allow for management of
growing user groups have become more authorized by special regulations for bicycle use on certain new trails within
frequent in recent years. Technologies bicycle use. The Alternative also CUVA, (79 FR 61587). The proposed
exist today (such as personal mobility considers approximately eight rule was available for a 60-day public
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devices) that provide new means to additional miles of existing trail or comment period, from October 14, 2014
enjoy trails. Walk-in camping is a roadways that could be authorized for through December 15, 2014. Comments
desired amenity that recently was bicycle use in the future. The were accepted through the mail, by
approved for the first time in the park. construction and authorization of these hand delivery, and through the Federal
Trail running is increasing in trails for bicycle use will be conditional eRulemaking Portal: http://
popularity, and biking has grown into a on funding and subject to the www.regulations.gov.
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would also like to see easier put in and keeping with the purpose, mission and annual maintenance costs to high-risk
take out for paddling. significance of CUVA. As this plan is areas and provide an improved visitor
Response: Within the Park, the Ohio implemented, all trails and their uses experience during the drier seasons of
& Erie Canal Towpath Trail and the will be evaluated and monitored to the year. Natural resource related
Summit Metro Park’s Bike & Hike Trail ensure resource protection, visitor seasonal closures will address three
currently offer thru biking and hiking safety, and operational sustainability. primary conditions; wet, muddy
with existing and proposed connections The Superintendent of CUVA will have conditions, flood events, and wildlife
between the two. The Buckeye Trail the authority to close or restrict use of nesting activities. The Park may identify
offers thru hiking as well. A water trail trails after taking into consideration additional resource or operational issues
with launch sites has been proposed in public health and safety, resource that require seasonal trail closures.
TMP/EIS. protection, and other management 10. Comment: Ten miles of single
4. Comment: I’m not sure what the activities and objectives. track is much too short. Having
‘‘cross country’’ designation for the High 6. Comment: I believe there needs to volunteered at the park for several years,
Meadow Trail means. Does this mean be stricter regulation of bike trails than I’m curious why there are over twice the
that it is for foot and bicycle use? Also hiker trails. Bikers should stay on these miles of bridle trails to the proposed
for that trail, where are the end points proposed trails that were designed for single track?
of the trail? A little more description in their use. Response: During public scoping of
the proposal would be helpful. Response: All trails will be monitored the TMP/EIS, many of the trail user
Response: In the TMP/EIS, High as per the Sustainable Trail Guidelines groups, particularly the mountain bike
Meadow is a proposed 5-kilometers (3.1 (Appendix C) of the TMP/EIS. and equestrian trail users, desired
miles) loop trail for cross-country skiing Education, signage and monitoring will significantly expanded trail miles
training and competitive purposes, help curb straying from the trail tread. within CUVA for their particular use.
located west of Blue Hen Falls along 7. Comment: I would expect and hope Given the current level of use,
Boston Mills Road. The trail would link that the Bike and Hike Trail would limitations of land ownership and
to the Buckeye Trail for hike connect to this [East Rim] trail at several resource conditions, and current,
connections and is proposed for points and also the Towpath could also planned or projected regional trail
conditional use as an off-road bicycle connect to this at a point or two as well. systems available to these user groups,
trail. Conditional use of High Meadow Response: Access to the proposed East significant expansions were not
is subject to evaluation by the Park of Rim Trail is from the Bike & Hike Trail. included in the selected alternative.
the following activities: Implementation There are existing and proposed 11. Comment: I would also love to see
of the proposed East Rim Trail and its connections between the Bike & Hike areas that allowed climbing. There were
success to meet the goals and objectives Trail and the Ohio & Erie Canal so many opportunities in the park for
of the Trail Plan, Cleveland Metroparks’ Towpath Trail as proposed in the TMP/ climbing.
implementation of off-road bicycle use EIS. Response: During the public scoping
on the Buckeye Trail portion owned by 8. Comment: I hope the mountain bike period of the TMP/EIS, the public was
them that may terminate at NPS lands, trails have a variety of difficulty levels— invited to provide ideas regarding the
and evaluation of the potential impacts easy, medium and hard—to satisfy the future trail system in the Park. Some
of bicycle use on the NPS portion of the different visitors. I also hope that you proposals like rock climbing were
Buckeye Trail. Because no other offer classes or workshops for the outside the scope of the TMP/EIS and
conditional trails are included in this beginning rider. And I would like to see were not considered. Rock climbing is
rule, and because the use of High the Carriage Trail re-opened soon! prohibited in CUVA.
Meadow Trail for bicycling is Response: Trails will be built working 12. Comment: If off-road refers to
contingent on other conditional trails with the terrain using the Sustainable something with a motor I object. Motors
being established, this trail is being Trail Guidelines and the goal is to have do NOT belong in a park.
withdrawn from and will not be a variety of difficulty levels. The Park Response: Off-road motorized
authorized for bicycle use in this final identifies the restoration of the Old vehicles are prohibited by NPS
rule. Carriage Trail bridges for visitor use Management Policies and are not
5. Comment: Can the superintendent within the Trail Plan. The Park permitted on current or proposed park
deny bicycle access at any time despite continues to seek funding for the design, trails.
information included in the EIS, and engineering and construction work
that any new trail openings will require required for replacement of three Neutral Comment
a separate approval? Was the scope of deteriorated, long-span trail bridges. One neutral commenter proposed
the EIS only to allow the construction Once this construction work is ideas for which the NPS has prepared a
of the trails, irrespective of the intended completed the Old Carriage trail will be response. The comment is paraphrased
use of the trails? Or is this language to opened for public use. and answered below:
assure that, in the case of changing/ 9. Comment: ‘‘Mountain bikes just Comment: I think the CUVA should
degrading conditions over time, that tear up trails’’, but in the late fall and limit single-track bike trails within its
some person has the authority to all spring, the bridle trails can be federal boundaries to this east rim. The
suspend use of the trails until solutions completely decimated by horses. There plan suggests possible future off road
can be implemented? are portions that are not even suitable bicycle development along the High
Response: New trail construction for hiking, let alone running. Meadow/Buckeye trail area of the
requires additional compliance or Response: The Park will use the CUVA. If the Cleveland Metroparks
agency review prior to implementation, Sustainable Trail Guidelines for all decides to put in a bike trail in the more
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subject to federal and park regulations. trails and implement seasonal closures remote southern section of the
The TMP/EIS developed a blueprint that to protect park resources and to meet Brecksville Reservation I do not think
will guide the expansion, restoration, the goals of a sustainable trails system the CUVA needs to extend that use
management, operations and use of the in the Park. Seasonal closures will through federal property. My reasons
trail system and its associated reduce impacts to park resources, are as follows: Existing off road trails in
amenities, over the next 15 years, in minimize risk of tread widening, reduce Bedford Reservation and in-process
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(b) meets the criteria of section 3(b)(2) In consideration of the foregoing, the ENVIRONMENTAL PROTECTION
requiring that all regulations be written NPS amends 36 CFR part 7 as set forth AGENCY
in clear language and contain clear legal below:
standards. 40 CFR Part 52
PART 7—SPECIAL REGULATIONS,
Consultation With Indian tribes [EPA–R07–OAR–2015–0269; FRL–9933–04–
AREAS OF THE NATIONAL PARK Region 7]
(Executive Order 13175 and Department SYSTEM
Policy)
Partial Approval and Disapproval of Air
The Department of the Interior strives ■ 1. The authority for Part 7 continues Quality Implementation Plans;
to strengthen its government-to- to read as follows: Nebraska; Revision to the State
government relationship with Indian Authority: 54 U.S.C. 100101, 100751, Implementation Plan (SIP)
Tribes through a commitment to 320102; Sec. 7.96 also issued under D.C. Infrastructure Requirements for the
consultation with Indian Tribes and Code 10–137 and D.C. Code 50–2201.07. 1997 and 2006 Fine Particulate Matter
recognition of their right to self- National Ambient Air Quality
governance and tribal sovereignty. We ■ 2. Amend § 7.17 by revising the Standards and the Revocation of the
have evaluated this rule under the section heading and adding paragraph PM10 Annual Standard and Adoption of
Department’s consultation policy and (b) to read as follows: the 24hr PM2.5 Standard
under the criteria in Executive Order § 7.17 Cuyahoga Valley National Park. AGENCY: Environmental Protection
13175 and have determined that it has * * * * * Agency.
no substantial direct effects on federally
(b) Bicycles. (1) The Superintendent ACTION: Final rule.
recognized Indian tribes and that
consultation under the Department’s may authorize bicycle use on all or SUMMARY: The Environmental Protection
tribal consultation policy is not portions of each of the following trails: Agency (EPA) is taking final action to
required. Affiliated Native American (i) East Rim (approximately 10 miles); partially approve and disapprove
tribes were contacted by letters sent in (ii) Old Carriage Connector Trail elements of a State Implementation Plan
June, 2012 and May, 2013 to solicit any (approximately 0.35 miles); and (SIP) submission from the State of
interests or concerns with the proposed Nebraska addressing the applicable
(iii) Highland Connector Trail
action. No responses were received by requirements of Clean Air Act (CAA)
(approximately 1.0 mile).
the Park. section 110 for the 1997 and 2006
(2) After trail construction is National Ambient Air Quality Standards
Paperwork Reduction Act (PRA) complete: (NAAQS) for fine particulate matter
This rule does not contain (i) To authorize bicycle use, the (PM2.5), which requires that each state
information collection requirements, Superintendent must make a written adopt and submit a SIP to support
and a submission to the Office of determination that: implementation, maintenance, and
Management and Budget under the PRA (A) The trail is open for public use; enforcement of each new or revised
is not required. and NAAQS promulgated by EPA. These
SIPs are commonly referred to as
National Environmental Policy Act (B) Bicycle use is consistent with the ‘‘infrastructure’’ SIPs. The infrastructure
(NEPA) protection of the park area’s natural, requirements are designed to ensure that
scenic and aesthetic values, safety the structural components of each
We have prepared an environmental
considerations, and management state’s air quality management program
impact statement and have determined
objectives, and will not disturb wildlife are adequate to meet the state’s
that this rule will not have a significant
or park resources. responsibilities under the CAA.
effect on the quality of the human
environment under the NEPA of 1969. (ii) The Superintendent will provide Additionally, EPA is taking final action
The TMP/EIS for the Park and ROD that public notice of all such actions through approving the revocation of the coarse
included an evaluation of bicycling one or more of the methods listed in particulate matter (PM10) annual
within the proposed areas may be § 1.7 of this chapter. standard and adoption of the 24hr PM2.5
viewed online at http:// (3) The Superintendent may open or standard.
parkplanning.nps.gov/ close authorized trails, or portions DATES: This final rule is effective
cuyahogatrailplan. thereof, or impose conditions or September 28, 2015.
restrictions for bicycle use after taking ADDRESSES: EPA has established a
Effects on the Energy Supply (Executive
into consideration public health and docket for this action under Docket ID
Order 13211)
safety, natural and cultural resource No. EPA–R07–OAR–2015–0269. All
This rule is not a significant energy protection, and other management documents in the electronic docket are
action under the definition in Executive activities and objectives. listed in the http://www.regulations.gov
Order 13211. A statement of Energy (i) The Superintendent will provide index. Although listed in the index,
Effects is not required. public notice of all such actions through some information is not publicly
Drafting Information one or more of the methods listed in available, i.e., CBI or other information
§ 1.7 of this chapter. whose disclosure is restricted by statute.
The primary authors of this regulation (ii) Violating a closure, condition, or Certain other material, such as
are Lynn Garrity, and Kim Norley, restriction is prohibited. copyrighted material, will be publicly
Cuyahoga Valley National Park, and C. available only in hard copy. Publicly
rmajette on DSK2VPTVN1PROD with RULES
Rose Wilkinson and A.J. North, NPS Dated: July 31, 2015. available docket materials are available
Regulations Program, Washington, DC. Michael Bean, either electronically at http://
Principal Deputy Assistant Secretary for Fish www.regulations.gov or at U.S.
List of Subjects in 36 CFR Part 7 and Wildlife and Parks. Environmental Protection Agency,
National Parks, Reporting and [FR Doc. 2015–21198 Filed 8–26–15; 8:45 am] Region 7, 11201 Renner Boulevard,
recordkeeping requirements. BILLING CODE 4310–EJ–P Lenexa, Kansas 66219 from 8:00 a.m. to
VerDate Sep<11>2014 14:03 Aug 26, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\27AUR1.SGM 27AUR1](https://thefederalregister.org/doc/80_FR_52111/page/8.svg)
Document Created: 2015-12-15 10:53:04
Document Modified: 2015-12-15 10:53:04
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | The rule is effective September 28, 2015. | |
| Contact | Lisa Petit, Chief of Resource Management, Cuyahoga Valley National Park, (440) 546-5970. | |
| FR Citation | 80 FR 51945 | |
| RIN Number | 1024-AE18 | |
| CFR Associated | National Parks and Reporting and Recordkeeping Requirements |
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