80 FR 75022 - Special Regulations, Areas of the National Park System, Rocky Mountain National Park

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 80, Issue 230 (December 1, 2015)

Page Range		75022-75024
FR Document		2015-30348
The National Park Service proposes to amend the special regulations for Rocky Mountain National Park to allow bicycle use on a 2-mile segment of the East Shore Trail located within the park. A portion of this 2-mile segment will require trail construction activities to accommodate bicycles and is therefore considered a new trail that will be opened to bicycles. National Park Service regulations require promulgation of a special regulation to designate new trails for bicycle use off park roads and outside developed areas. National Park Service regulations require publication of notice in the Federal Register providing the public at least 30 days to review and comment on a written determination supporting bicycle use on an existing trail.
Federal Register, Volume 80 Issue 230 (Tuesday, December 1, 2015)
[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)]
[Proposed Rules]
[Pages 75022-75024]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30348]



[[Page 75022]]

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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-ROMO-19562; PPIMROMO6P PPMPSAS1Z.YP0000]
RIN 1024-AE31


Special Regulations, Areas of the National Park System, Rocky 
Mountain National Park

AGENCY: National Park Service, Interior.

ACTION: Proposed rule; notice of determination.

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SUMMARY: The National Park Service proposes to amend the special 
regulations for Rocky Mountain National Park to allow bicycle use on a 
2-mile segment of the East Shore Trail located within the park. A 
portion of this 2-mile segment will require trail construction 
activities to accommodate bicycles and is therefore considered a new 
trail that will be opened to bicycles. National Park Service 
regulations require promulgation of a special regulation to designate 
new trails for bicycle use off park roads and outside developed areas. 
National Park Service regulations require publication of notice in the 
Federal Register providing the public at least 30 days to review and 
comment on a written determination supporting bicycle use on an 
existing trail.

DATES: Comments on the proposed rule and the notice of determination 
must be received by 11:59 p.m. EST on February 1, 2016.

ADDRESSES: You may submit comments, identified by Regulation Identifier 
Number (RIN) 1024-AE31, by either of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail or hand deliver to: Superintendent, Rocky Mountain 
National Park, 1000 U.S. Highway 36, Estes Park, CO 80517.
    Instructions: Comments will not be accepted by fax, email, or in 
any way other than those specified above. All submissions received must 
include the words ``National Park Service'' or ``NPS'' and must include 
the docket number or RIN (1024-AE31) for this rulemaking. Comments 
received will be posted without change to http://www.regulations.gov, 
including any personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Larry Gamble, Chief of Planning and 
Compliance, Rocky Mountain National Park, 1000 U.S. Highway 36, Estes 
Park, CO 80517. Phone (970) 586-1320. Email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Rocky Mountain National Park (park) was established in 1915 and is 
located in north central Colorado. The approximate 265,761-acre park 
contains spectacular scenery that includes majestic mountains, lakes, 
rivers, forests, meadows, and abundant wildlife. The East Shore Trail 
is an existing hiking trail that runs roughly north/south along the 
east shore of Shadow Mountain Lake near the town of Grand Lake, 
Colorado. The entire trail is 6.2 miles long and ends at the southern 
boundary of the park. The East Shore Trailhead is located south of the 
town of Grand Lake. The trailhead and the first 0.7 miles of the trail 
are located on land administered by the U.S. Forest Service as part of 
the Arapaho National Recreation Area. Bicycle use is currently 
permitted only on this 0.7-mile section of the trail. The remaining 5.5 
miles of the East Shore Trail are located within the park. Hiking and 
fishing access to the lake are allowed along the trail. The proposed 
rule applies to the northernmost 2-mile segment of the East Shore Trail 
within the park extending north from Shadow Mountain Dam to the park 
boundary. Within this 2-mile segment, livestock (horses, mules, and 
llamas) are permitted on the northernmost 0.9 mile of the trail, which 
is also part of the Continental Divide National Scenic Trail. The 2-
mile segment of the East Shore Trail corridor within the park is 
bounded on the west by Shadow Mountain Lake and on the east by 
designated wilderness.
    In January 2014, the National Park Service (NPS) published the East 
Shore Trail Environmental Assessment (EA). The EA evaluates (i) the 
suitability of the trail for bicycle use; and (ii) life cycle 
maintenance costs, safety considerations, methods to prevent or 
minimize user conflict, and methods to protect natural and cultural 
resources and mitigate impacts associated with bicycle use on the 
trail. After a public review period, the Regional Director of the 
Intermountain Region signed a Finding of No Significant Impact (FONSI) 
in February 2015 that selected the preferred alternative (Alternative 
B) described in the EA.
    At the same time that the Regional Director signed the FONSI, the 
Superintendent signed a written determination concluding that bicycle 
use on the 2-mile trail segment is consistent with the protection of 
the park area's natural, scenic and aesthetic values, safety 
considerations and management objectives, and would not disturb 
wildlife or park resources. This written determination is attached to 
the FONSI and appears on page 15 of that document. The FONSI concludes 
that a 1.75-mile section of the trail is an ``existing trail'' under 36 
CFR 4.30 and that bicycle use on that section of the trail will have no 
significant impacts. Bicycle use therefore may be authorized on that 
section of the trail after the written determination is published in 
the Federal Register with a minimum 30-day public review and comment 
period, after consideration of any comments submitted on the written 
determination, and after the Regional Director approves the written 
determination. The FONSI separately concludes that, due to rerouting 
and trail modifications, a 0.25-mile section of the trail that has not 
yet been constructed is a ``new trail'' under 36 CFR 4.30 and therefore 
requires promulgation of a special regulation before allowing bicycle 
use on this portion of the trail. The NPS has determined that, instead 
of publishing two documents in the Federal Register (notice of the 
written determination and this proposed rule), it would be more 
efficient to consolidate both documents into a single one, publish a 
single document in the Federal Register, and allow the public 60 days 
to comment at the same time on both the written determination for the 
1.75-mile section of existing trail and the proposed rule that would 
allow the Superintendent to designate all or portions of the 2-mile 
segment of the East Shore Trail for bicycle use.
    The EA, FONSI, and written determination, which contain a full 
description of the purpose and need for taking action, scoping, the 
alternatives considered, maps, and the environmental impacts associated 
with the project, may be viewed on the park's planning Web site at 
http://parkplanning.nps.gov/romo, by clicking on the link entitled 
``East Shore Trail Environmental Assessment'' and then clicking on the 
link entitled ``Document List.''

Proposed Rule

    This proposed rule would implement the selected action in the FONSI 
and authorize the Superintendent to designate bicycle use on a 2-mile 
segment of the East Shore Trail within the park. This segment of the 
trail extends north from Shadow Mountain Dam to the park boundary. To

[[Page 75023]]

accommodate bicycle use, a 0.25-mile section of the existing trail will 
be rerouted to improve public safety, to avoid sensitive natural and 
cultural resources, and to provide for sustainability of the trail. NPS 
regulations at 36 CFR 4.30 require a rulemaking to implement this 
decision because a portion of the rerouted trail will require trail 
construction activities and is located in an undeveloped area. Bicycle 
use would not be authorized by the Superintendent until the rerouted 
trail segments are completed. Rerouting is expected to be completed by 
2017.
    The proposed rule would add a new paragraph (f) to section 7.7--
Special Regulations, Areas of the National Park System for Rocky 
Mountain National Park. The proposed rule would require the 
Superintendent to notify the public of any designation of the trail for 
bicycle use through one or more of the methods listed in 36 CFR 1.7, 
and identify the designation on maps available in the office of the 
Superintendent and other places convenient to the public.
    The rule would also authorize the superintendent to establish 
closures, conditions, or restrictions for bicycle use on designated 
routes in accordance with 36 CFR 4.30(f).

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 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 
``Benefit-Cost and Regulatory Flexibility Analyses: East Shore Trail at 
Rocky Mountain National Park'' which is available online at http://parkplanning.nps.gov/romo by clicking on the link entitled ``East Shore 
Trail Environmental Assessment'' 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 effect 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 proposed 
rule only affects use of federally-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. 
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 criteria in Executive Order 13175 and under the 
Department's tribal consultation policy and have determined that tribal 
consultation is not required because the rule will have no substantial 
direct effect on federally recognized Indian tribes. Nevertheless, the 
NPS mailed a letter on April 18, 2013 inviting input specifically from 
affiliated Native American tribes and offering to arrange a site visit. 
No response was received.

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

    We have prepared the EA to determine whether this rule will have a 
significant impact on the quality of the human environment under the 
National Environmental Policy Act of 1969. This rule would not 
constitute a major Federal action significantly affecting the quality 
of the human environment. A detailed statement under the National 
Environmental Policy Act is not required because we reached a FONSI. A 
copy of the EA and FONSI can be found online at http://

[[Page 75024]]

parkplanning.nps.gov/romo by clicking on the link entitled ``East Shore 
Trail Environmental Assessment'' 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.

Clarity of This Rule

    We are required by Executive Orders 12866 (section 1(b)(12)) and 
12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use common, everyday words and clear language rather than 
jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in the ADDRESSES section. To 
better help us revise the rule, your comments should be as specific as 
possible. For example, you should tell us the numbers of the sections 
or paragraphs that you find unclear, which sections or sentences are 
too long, the sections where you feel lists or tables would be useful, 
etc.

Drafting Information

    The primary authors of this regulation are Larry Gamble of Rocky 
Mountain National Park, Jay Calhoun, Regulations Program Specialist, 
National Park Service, and Andee Sears of the Alaska Regional Office.

Public Participation

    It is the policy of the Department of the Interior, whenever 
practicable, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons may submit written 
comments regarding this proposed rule by one of the methods listed in 
the ADDRESSES section of this document.

Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

List of Subjects in 36 CFR Part 7

    National parks, Reporting and Recordkeeping requirements.

    In consideration of the foregoing, the National Park Service 
proposes to amend 36 CFR part 7 as set forth below:

PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

0
1. The authority citation 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. Add paragraph (f) to Sec.  7.7 to read as follows:


Sec.  7.7  Rocky Mountain National Park.

* * * * *
    (f) Bicycle Use on the East Shore Trail. The Superintendent may 
designate all or portions of a 2-mile segment of the East Shore Trail, 
extending north from Shadow Mountain Dam to the park boundary, as open 
to bicycle use. A map showing portions of the East Shore Trail open to 
bicycle use will be available at park visitor centers and posted on the 
park Web site. The Superintendent will provide notice of all bicycle 
route designations in accordance with Sec.  1.7 of this chapter. The 
superintendent may limit, restrict, or impose conditions on bicycle 
use, or close any trail to bicycle use, or terminate such conditions, 
closures, limits, or restrictions in accordance with Sec.  4.30 of this 
chapter.

    Dated: November 19, 2015.
Karen Hyun,
Acting Principal Deputy Assistant Secretary for Fish and Wildlife and 
Parks.
[FR Doc. 2015-30348 Filed 11-30-15; 8:45 am]
BILLING CODE 4310-EJ-P
75022 Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Proposed Rules

DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: use on the 2-mile trail segment is
Larry Gamble, Chief of Planning and consistent with the protection of the
National Park Service Compliance, Rocky Mountain National park area’s natural, scenic and aesthetic
Park, 1000 U.S. Highway 36, Estes Park, values, safety considerations and
36 CFR Part 7 CO 80517. Phone (970) 586–1320. management objectives, and would not
[NPS–ROMO–19562; PPIMROMO6P Email: larry_gamble@nps.gov. disturb wildlife or park resources. This
PPMPSAS1Z.YP0000] SUPPLEMENTARY INFORMATION: written determination is attached to the
FONSI and appears on page 15 of that
RIN 1024–AE31 Background document. The FONSI concludes that a
Rocky Mountain National Park (park) 1.75-mile section of the trail is an
Special Regulations, Areas of the was established in 1915 and is located ‘‘existing trail’’ under 36 CFR 4.30 and
National Park System, Rocky Mountain in north central Colorado. The that bicycle use on that section of the
National Park approximate 265,761-acre park contains trail will have no significant impacts.
AGENCY: National Park Service, Interior. spectacular scenery that includes Bicycle use therefore may be authorized
ACTION:Proposed rule; notice of majestic mountains, lakes, rivers, on that section of the trail after the
determination. forests, meadows, and abundant written determination is published in
wildlife. The East Shore Trail is an the Federal Register with a minimum
SUMMARY: The National Park Service existing hiking trail that runs roughly 30-day public review and comment
proposes to amend the special north/south along the east shore of period, after consideration of any
regulations for Rocky Mountain Shadow Mountain Lake near the town comments submitted on the written
National Park to allow bicycle use on a of Grand Lake, Colorado. The entire trail determination, and after the Regional
2-mile segment of the East Shore Trail is 6.2 miles long and ends at the Director approves the written
located within the park. A portion of southern boundary of the park. The East determination. The FONSI separately
this 2-mile segment will require trail Shore Trailhead is located south of the concludes that, due to rerouting and
construction activities to accommodate town of Grand Lake. The trailhead and trail modifications, a 0.25-mile section
bicycles and is therefore considered a the first 0.7 miles of the trail are located of the trail that has not yet been
new trail that will be opened to on land administered by the U.S. Forest constructed is a ‘‘new trail’’ under 36
bicycles. National Park Service Service as part of the Arapaho National CFR 4.30 and therefore requires
regulations require promulgation of a Recreation Area. Bicycle use is currently promulgation of a special regulation
special regulation to designate new permitted only on this 0.7-mile section before allowing bicycle use on this
trails for bicycle use off park roads and of the trail. The remaining 5.5 miles of portion of the trail. The NPS has
outside developed areas. National Park the East Shore Trail are located within determined that, instead of publishing
Service regulations require publication the park. Hiking and fishing access to two documents in the Federal Register
of notice in the Federal Register the lake are allowed along the trail. The (notice of the written determination and
providing the public at least 30 days to proposed rule applies to the this proposed rule), it would be more
review and comment on a written northernmost 2-mile segment of the East efficient to consolidate both documents
determination supporting bicycle use on Shore Trail within the park extending into a single one, publish a single
an existing trail. north from Shadow Mountain Dam to document in the Federal Register, and
the park boundary. Within this 2-mile allow the public 60 days to comment at
DATES: Comments on the proposed rule
segment, livestock (horses, mules, and the same time on both the written
and the notice of determination must be
llamas) are permitted on the determination for the 1.75-mile section
received by 11:59 p.m. EST on February
northernmost 0.9 mile of the trail, of existing trail and the proposed rule
1, 2016. which is also part of the Continental that would allow the Superintendent to
ADDRESSES: You may submit comments, Divide National Scenic Trail. The 2-mile designate all or portions of the 2-mile
identified by Regulation Identifier segment of the East Shore Trail corridor segment of the East Shore Trail for
Number (RIN) 1024–AE31, by either of within the park is bounded on the west bicycle use.
the following methods: by Shadow Mountain Lake and on the The EA, FONSI, and written
• Federal eRulemaking Portal: http:// east by designated wilderness. determination, which contain a full
www.regulations.gov. Follow the In January 2014, the National Park description of the purpose and need for
instructions for submitting comments. Service (NPS) published the East Shore taking action, scoping, the alternatives
• Mail or hand deliver to: Trail Environmental Assessment (EA). considered, maps, and the
Superintendent, Rocky Mountain The EA evaluates (i) the suitability of environmental impacts associated with
National Park, 1000 U.S. Highway 36, the trail for bicycle use; and (ii) life the project, may be viewed on the park’s
Estes Park, CO 80517. cycle maintenance costs, safety planning Web site at http://
Instructions: Comments will not be considerations, methods to prevent or parkplanning.nps.gov/romo, by clicking
accepted by fax, email, or in any way minimize user conflict, and methods to on the link entitled ‘‘East Shore Trail
other than those specified above. All protect natural and cultural resources Environmental Assessment’’ and then
submissions received must include the and mitigate impacts associated with clicking on the link entitled ‘‘Document
words ‘‘National Park Service’’ or bicycle use on the trail. After a public List.’’
‘‘NPS’’ and must include the docket review period, the Regional Director of
number or RIN (1024–AE31) for this the Intermountain Region signed a Proposed Rule
tkelley on DSK3SPTVN1PROD with PROPOSALS

rulemaking. Comments received will be Finding of No Significant Impact This proposed rule would implement
posted without change to http:// (FONSI) in February 2015 that selected the selected action in the FONSI and
www.regulations.gov, including any the preferred alternative (Alternative B) authorize the Superintendent to
personal information provided. described in the EA. designate bicycle use on a 2-mile
Docket: For access to the docket to At the same time that the Regional segment of the East Shore Trail within
read background documents or Director signed the FONSI, the the park. This segment of the trail
comments received, go to http:// Superintendent signed a written extends north from Shadow Mountain
www.regulations.gov. determination concluding that bicycle Dam to the park boundary. To

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Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Proposed Rules 75023

accommodate bicycle use, a 0.25-mile Regulatory Flexibility Act effects on other areas. A Federalism
section of the existing trail will be This rule will not have a significant summary impact statement is not
rerouted to improve public safety, to economic effect on a substantial number required.
avoid sensitive natural and cultural of small entities under the Regulatory Civil Justice Reform (Executive Order
resources, and to provide for Flexibility Act (5 U.S.C. 601 et seq.). 12988)
sustainability of the trail. NPS This certification is based on
regulations at 36 CFR 4.30 require a information contained in the economic This rule complies with the
rulemaking to implement this decision analyses found in the report entitled requirements of Executive Order 12988.
because a portion of the rerouted trail ‘‘Benefit-Cost and Regulatory Flexibility This rule:
will require trail construction activities (a) Meets the criteria of section 3(a)
Analyses: East Shore Trail at Rocky
and is located in an undeveloped area. requiring that all regulations be
Mountain National Park’’ which is
Bicycle use would not be authorized by reviewed to eliminate errors and
available online at http://
the Superintendent until the rerouted ambiguity and be written to minimize
parkplanning.nps.gov/romo by clicking
trail segments are completed. Rerouting litigation; and
on the link entitled ‘‘East Shore Trail (b) Meets the criteria of section 3(b)(2)
is expected to be completed by 2017. Environmental Assessment’’ and then requiring that all regulations be written
The proposed rule would add a new clicking on the link entitled ‘‘Document in clear language and contain clear legal
paragraph (f) to section 7.7—Special List.’’ standards.
Regulations, Areas of the National Park
Small Business Regulatory Enforcement
System for Rocky Mountain National Consultation With Indian Tribes
Fairness Act
Park. The proposed rule would require (Executive Order 13175 and Department
the Superintendent to notify the public This rule is not a major rule under 5 Policy)
of any designation of the trail for bicycle U.S.C. 804(2), the Small Business
The Department of the Interior strives
use through one or more of the methods Regulatory Enforcement Fairness Act.
to strengthen its government-to-
listed in 36 CFR 1.7, and identify the This rule:
(a) Does not have an annual effect on government relationship with Indian
designation on maps available in the Tribes through a commitment to
office of the Superintendent and other the economy of $100 million or more.
(b) Will not cause a major increase in consultation with Indian tribes and
places convenient to the public. recognition of their right to self-
costs or prices for consumers,
The rule would also authorize the governance and tribal sovereignty. We
individual industries, Federal, State, or
superintendent to establish closures, have evaluated this rule under the
local government agencies, or
conditions, or restrictions for bicycle criteria in Executive Order 13175 and
geographic regions.
use on designated routes in accordance (c) Does not have significant adverse under the Department’s tribal
with 36 CFR 4.30(f). effects on competition, employment, consultation policy and have
Compliance With Other Laws, investment, productivity, innovation, or determined that tribal consultation is
Executive Orders and Department the ability of U.S.-based enterprises to not required because the rule will have
Policy compete with foreign-based enterprises. no substantial direct effect on federally
recognized Indian tribes. Nevertheless,
Regulatory Planning and Review Unfunded Mandates Reform Act the NPS mailed a letter on April 18,
(Executive Orders 12866 and 13563) This rule does not impose an 2013 inviting input specifically from
unfunded mandate on State, local, or affiliated Native American tribes and
Executive Order 12866 provides that
tribal governments or the private sector offering to arrange a site visit. No
the Office of Information and Regulatory
of more than $100 million per year. The response was received.
Affairs in the Office of Management and
Budget will review all significant rules. rule does not have a significant or Paperwork Reduction Act
The Office of Information and unique effect on State, local or tribal
governments or the private sector. It This rule does not contain
Regulatory Affairs has determined that information collection requirements,
this rule is not significant. addresses public use of national park
lands, and imposes no requirements on and a submission to the Office of
Executive Order 13563 reaffirms the other agencies or governments. A Management and Budget under the
principles of Executive Order 12866 statement containing the information Paperwork Reduction Act is not
while calling for improvements in the required by the Unfunded Mandates required. We may not conduct or
nation’s regulatory system to promote Reform Act (2 U.S.C. 1531 et seq.) is not sponsor and you are not required to
predictability, to reduce uncertainty, required. respond to a collection of information
and to use the best, most innovative, unless it displays a currently valid OMB
and least burdensome tools for Takings (Executive Order 12630) control number.
achieving regulatory ends. The This rule does not effect a taking of
executive order directs agencies to National Environmental Policy Act
private property or otherwise have
consider regulatory approaches that takings implications under Executive We have prepared the EA to
reduce burdens and maintain flexibility Order 12630. A takings implication determine whether this rule will have a
and freedom of choice for the public assessment is not required. significant impact on the quality of the
where these approaches are relevant, human environment under the National
feasible, and consistent with regulatory Federalism (Executive Order 13132) Environmental Policy Act of 1969. This
tkelley on DSK3SPTVN1PROD with PROPOSALS

objectives. Executive Order 13563 Under the criteria in section 1 of rule would not constitute a major
emphasizes further that regulations Executive Order 13132, the rule does Federal action significantly affecting the
must be based on the best available not have sufficient federalism quality of the human environment. A
science and that the rulemaking process implications to warrant the preparation detailed statement under the National
must allow for public participation and of a Federalism summary impact Environmental Policy Act is not
an open exchange of ideas. We have statement. This proposed rule only required because we reached a FONSI.
developed this rule in a manner affects use of federally-administered A copy of the EA and FONSI can be
consistent with these requirements. lands and waters. It has no outside found online at http://

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Document Created: 2018-03-02 09:09:59
Document Modified: 2018-03-02 09:09:59
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		Proposed Rules
Action		Proposed rule; notice of determination.
Dates		Comments on the proposed rule and the notice of determination must be received by 11:59 p.m. EST on February 1, 2016.
Contact		Larry Gamble, Chief of Planning and Compliance, Rocky Mountain National Park, 1000 U.S. Highway 36, Estes Park, CO 80517. Phone (970) 586-1320. Email: [email protected]
FR Citation		80 FR 75022
RIN Number		1024-AE31
CFR Associated		National Parks and Reporting and Recordkeeping Requirements
80 FR 75022 - Special Regulations, Areas of the National Park System, Rocky Mountain National Park

DEPARTMENT OF THE INTERIORNational Park Service

Federal Register Volume 80, Issue 230 (December 1, 2015)

DEPARTMENT OF THE INTERIOR
National Park Service
