[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Proposed Rules]
[Pages 28388-28392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12038]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AD80
Special Regulations, Areas of the National Park System, Mammoth
Cave National Park
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The National Park Service (NPS) proposes to designate four
bicycle routes within Mammoth Cave National Park. This proposed rule is
necessary to implement portions of the park's Comprehensive Trail
Management Plan and the requirements of the NPS general regulations
require that a special regulation be promulgated in order to allow off-
road bicycle use on routes outside of developed park areas. Authorizing
routes for bicycling will address the significant interest of the
visiting public for bicycling in the park. This proposed rule would
allow bicycle use on a new Connector Trail in the vicinity of Maple
Springs; the Big Hollow Trail, a new bike trail in the hilly country of
the park north of the Green River; the nine-mile Mammoth Cave Railroad
Bike & Hike Trail; and the White Oak Trail.
DATES: Comments must be received by July 18, 2011.
ADDRESSES: You may submit comments, identified by the Regulation
Identifier Number, (RIN) 1024-AD80 by any of the following methods:
Federal rulemaking portal: http://www.regulations.gov--Follow the
instructions for submitting comments.
Mail or hand delivery to Superintendent, Mammoth Cave National
Park, P.O. Box 7, Mammoth Cave, Kentucky 42259.
FOR FURTHER INFORMATION CONTACT: A.J. North, Regulations Coordinator,
National Park Service, 1849 C Street, NW., Room 2355, Washington, DC
20240. Phone: (202) 208-5268. E-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Background
Mammoth Cave National Park is the core of the largest, most
complex, and best known karst area in the world. Karst is a geologic
term which refers to areas of irregular limestone in which erosion has
produced features such as fissures, sinkholes, underground streams,
sinking springs, and caverns. The many types of geologic features
present within the extensive cave
[[Page 28389]]
system are the product of a unique set of conditions found nowhere
else. The 365 miles of passageways that have been surveyed and mapped
define Mammoth Cave as the longest cave system in the world.
The mission of Mammoth Cave National Park is to protect and
preserve the extensive limestone caverns and associated karst
topography, scenic river-ways, original forests, other biological
resources, and evidence of past and contemporary ways of life. Mammoth
Cave National Park also strives to provide for public education and
enrichment through scientific study and to provide for the development
and sustainable use of recreation resources and opportunities.
Legislation and Purpose of the Park
As early as 1905, Members of the Kentucky Congressional delegation
suggested Mammoth Cave as a national park.
In its April 18, 1926 report to the Secretary of the Interior, the
Southern Appalachian National Park Commission recommended national park
status for the Mammoth Cave region for, among other reasons, the:
* * * beautiful and wonderful formations * * * great underground
labyrinth * * * of remarkable geological and recreational interest
perhaps unparalleled elsewhere * * * thousands of curious sinkholes
of varying sizes through which much of the drainage is carried to
underground streams, there being few surface brooks or creeks;
The Commission also recommended lands above ground in the region of
the cave for inclusion in the national park because of the:
* * * exceptional opportunity for developing a great national
recreational park of outstanding service in the very heart of our
Nation's densest population and at a time when the need is
increasingly urgent and most inadequately provided for.
The Congress of the United States saw the value of including
surface lands as part of the park. Language in Senate, Committee on
Public Lands and Surveys, Report No. 823, May 10, 1926, and the House
of Representatives, Committee on the Public Lands, Report No. 1178, May
12, 1926, on the bill to authorize Mammoth Cave National Park said the
park would:
* * * insure a great recreational ground * * * where * * *
thousands of our people may find * * * the most delightful outdoor
recreation in * * * traversing the picturesque and rugged hills and
valleys and great forests of the region included in the proposed
park area.
On May 25, 1926, Congress authorized the establishment of Mammoth
Cave National Park (44 Stat. 635), and on July 1, 1941, Mammoth Cave
was declared a national park. Subsequently, the Great Onyx Cave and
Crystal Cave properties were purchased and added to the park on April
7, 1961. The park now comprises 52,830 acres.
History of Trail Development
The interest in outdoor recreation for the Mammoth Cave area
identified in the 1926 Southern Appalachian Report has not diminished.
Through the years, park managers have responded to changing trends in
recreation: The Wild Cave tour began in 1969; a system of backcountry
trails was initiated in the 1970s; in the 1980s, a horse livery on the
park boundary began offering guided rides on park trails, and canoe and
kayak liveries began shuttle services on the Green and Nolin rivers. In
2005, the Mammoth Cave Railroad Bike & Hike Trail was completed,
connecting the heart of the park with one of the gateway communities
(two other gateway communities have expressed interest in constructing
similar trails); and the 2007 Comprehensive Trail Management Plan calls
for bicycle use on certain trails in the park.
The Park has approximately 85 miles of open trails. While all
trails are open to hiking, approximately 44.5 miles of trail are open
to horses, approximately 22.5 miles of trail are open to bicycles, and
5.5 miles of trail accommodate both horses and bicycles.
Over the years, trails were improved and expanded into a series of
loops which compose the first 6.5 miles of the front-country trail
system in the vicinity of the park's visitor center and nearby Green
River. Other trails, including trails at Sloans Pond, Turnhole Bend,
Sand Cave, and Cedar Sink, were developed as short hikes to park
features.
In the early 1970s, the park planned a series of trails in the more
than 20,000 acres of backcountry area on the north side of the Green
River. In 1974, those trails were officially opened to hiking and
horseback riding. The main trails of that 55-mile system followed old
and pre-existing dirt roads, with the remaining trails built as
connections between those dirt roads to create loops.
In 1999, a local biking club asked park management about the
possibility of permitting bicycling on one or more trails in the park.
After further consideration, approximately 13 miles of trails were
opened to bicycling on an experimental basis, while continuing to allow
hiking and horseback riding on the same trails.
In February 2005, park officials organized the first Backcountry
Summit meeting between Mammoth Cave National Park, the Bowling Green
League of Bicyclists, the Sierra Club, and the Mammoth Cave Equestrian
Trail Riders Association. The purpose of this meeting was to provide an
avenue of communication between park officials and all user groups
regarding improving and maintaining backcountry trails and other
backcountry issues.
Comprehensive Trail Management Plan
To address increasing demands for trail use, the Park developed a
Comprehensive Trail Management Plan and Environmental Assessment (EA)
in 2007 to insure protection of park resources while providing for
public use of the trails.
The purpose of the trail plan was to develop and implement
objectives and strategies for the protection, management, and use of
trails park-wide for a period of 10 years. The plan identifies
designated trails and access points as well as the type of activity
(hiking, biking, horseback riding, or a combination of those
activities) for which each trail could be used.
The park staff utilized NPS Management Policies 2006 and the
purposes for which the park was established by Congress to develop
objectives and ensure the appropriateness of designating trails and the
uses allowed for each trail within Mammoth Cave National Park.
One of the most important concepts incorporated into the trail plan
was sustainability. Under the plan, the park will use sustainable
material and techniques for trail maintenance and future trail design
and construction projects. The park will use techniques such as maximum
grade limits, water bars, and large dips in the trail called grade
reversals to minimize or slow erosion from water and use. The park will
build bridges and utilize materials such as gravel, landscape timbers,
and geotextile to create a more durable trail surface and protect
potentially vulnerable trail features.
The park trail plan proposed actions that could have environmental
consequences, such as constructing trails or changing trail alignments,
so NPS was required by the National Environmental Policy Act (NEPA) to
evaluate the potential environmental impacts of those actions. The
associated EA evaluated several alternative proposed actions or
variations for a trail plan, including a ``no action'' alternative that
would not change the way the trails were currently managed.
The draft plan and accompanying EA were prepared after a public
meeting on June 29, 2006, and after a public scoping
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period from June 29 to July 14, 2006. After the draft plan and
accompanying EA were prepared and published, NPS held a second public
meeting on February 7, 2008 in conjunction with a 60-day comment period
from January 24, 2008 to March 24, 2008.
Selected Alternative
On November 14, 2008, the park selected Alternative 4. A finding of
no significant impact (FONSI) for the Comprehensive Trail Management
Plan was approved on December 18, 2008. Public comment was
overwhelmingly in support of Alternative 4 and opposed to the park's
proposed preferred alternative, Alternative 5. The primary difference
between the two alternatives is that under Alternative 4, NPS would
construct a new trail primarily for bicycle use whereas Alternative 5
called for removal of horses from the existing First Creek Trail, in
order to allow bicycles on that trail.
The NPS has determined bicycle use to be appropriate for certain
trails in Mammoth Cave National Park, with the incorporation of
sustainable design, construction, and maintenance standards and
materials. Minimizing trail damage and deterioration and the
accompanying environmental impacts is an essential element of
Alternative 4. This alternative also separates horse and bicycle use in
response to public concerns about user conflict or significant changes
in or effect on visitor use due to conflict. To address these concerns,
bicycle use will be eliminated on the Sal Hollow, Buffalo, and Turnhole
Bend Trails, and the Big Hollow Trail will be constructed for bicycle
use.
The Plan, EA and Finding of No Significant Impact, (FONSI), are
available online at: http://www.nps.gov/maca/parkmgmt/planning.
Connector Trail
Subject to the results of this rulemaking, a new connector trail
will be designed and constructed for the purpose of connecting access
points and areas with trails, including the Maple Springs Group
Campground, Maple Springs Trailhead, Mammoth Cave International Center
for Science and Learning, Big Hollow Trailhead, and the Raymer Hollow
Trailhead. This connector would run from the Maple Springs Trailhead to
the Raymer Hollow Trailhead, and would be a wide, hardened-gravel trail
to facilitate heavy use and two-way traffic of hikers, bicyclists, and
horseback riders. The section of the connector trail between Maple
Springs Trailhead and the Big Hollow Trailhead would be designated as
multiple-use, and the section from the Big Hollow Trailhead to the
Raymer Hollow would be restricted to hikers and horses. As part of the
connector trail development, a new parking area would be constructed
along the Green River Ferry Road at the Big Hollow Trailhead.
The new parking area along the Green River Ferry Road would allow
bicyclists, hikers, and equestrians access to the horse and hiking
trails or Big Hollow Trail without using the multiple-use part of the
connector. The lot adds parking capacity to the trail system, as well
as allowing visitors to separate themselves from other user groups.
When the connector trail is complete, the trailhead and trails at the
Good Spring Baptist Church will be eliminated, as access will no longer
be needed to the Raymer Hollow Trail. Further, elimination of the
trails and trailhead would greatly reduce the impact on and degradation
of the Good Springs Baptist Church cultural site.
Currently, the only way for equestrians, bicyclists, and hikers to
access trailheads is by using the Maple Springs Loop Road and the Good
Spring Church Road, which can be congested with large pickup trucks,
horse trailers, and other passenger vehicles. Use of those roadways
creates a potential hazard from traffic for trail users. The connector
trail will provide an alternative to using the roads, and increase
public safety by getting these trail users away from the roads and the
potential for collision with vehicles.
Big Hollow Bicycle Trail
The selected alternative includes a six-mile single track mountain-
bike-type loop, named the Big Hollow Trail, which is being constructed
east of the Green River Ferry Road-North and on the ridge west of Big
Hollow. Bicycling and hiking would be allowed, but the trail would be
closed to horse use. Public comment on the EA was substantially in
support of construction of this trail for bicycle use.
This new trail increases opportunities for bicycle use without
reducing the trails accessible to horse use, while maintaining
separation of horse and bicycle users. Separation of these activities
should improve the recreational experience for user groups and offer
bicyclists access to backcountry scenery.
Since the trail would be new construction, the selected alternative
will have more impact on park resources than other alternatives, but we
concluded will still not have a significant effect on the environment.
Vegetation will be removed on the trail surface, and cleared along the
trail margins, but sustainable materials and construction techniques
will be used to build the trail which will help control and minimize
surface degradation, erosion and other adverse effects on surrounding
park resources. This trail will not pass through floodplains, cross
streams, or be located near wetlands, and therefore is expected to have
no new impacts on water resources.
Vegetation and tree removal identified in this alternative would be
completed in accordance with the ``Biological Opinion for the Effects
of the Hazard Tree Removal and Vegetation Management Program to the
Indiana Bat at Mammoth Cave National Park, Kentucky'' to ensure the
activities would be considered ``not likely to adversely affect'' the
species.
To minimize any effect on archeological resources, the park will
survey areas where ground disturbance would take place and adjust trail
alignment to avoid adverse impacts. This trail will not pass through or
near cultural sites.
Mammoth Cave Railroad Bike & Hike Trail
An environmental assessment for the Mammoth Cave Railroad Bike &
Hike Trail was completed in 1999, and amended in 2004. Between 2004 and
2007, the National Park Service constructed a nine-mile, graveled
hiking and biking trail. The Mammoth Cave Railroad Bike & Hike Trail
follows the general route of a historic railroad bed leading from the
visitor center to the park boundary at Park City and receives
significant daily use. The trail passes close enough to the campground
area to provide hiking and bicycling opportunities for those camping at
the park. The trail continues past the campground, through low wetlands
and higher elevations on the ridge-tops, providing the user with a
varied ecological view of the park. Several wayside exhibits along the
trail recount historic facts regarding the old railroad route,
including past events and structures that played a significant role in
the history of the area. The Bike and Hike trail was designed and
constructed utilizing modern technology and sustainable design. The
eight-foot wide graveled surface was designed to offer a comparatively
easy, family-style bicycle trail as opposed to the single-track,
mountain-bike-type Big Hollow Trail.
The Bike and Hike trail will connect to historic Bell's Tavern upon
completion of Park City's bike trail. The park has recently received
expressions of interest from the communities of Cave City and
Brownsville to construct
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similar bike trails that could connect with the Mammoth Cave Railroad
Bike and Hike Trail. These improvements would provide opportunities for
the use of the park and contribute to the `Connecting People to Parks'
initiative of the NPS and the President's America's Great Outdoors
initiative.
White Oak Trail
The Comprehensive Trail Management Plan also identified the White
Oak Trail as a multiple-use trail, and this proposed rule would
designate it as a trail for bicycles in addition to hiking and
horseback riding. The trail is on an old roadbed and is wide, fairly
level, and currently has a relatively low level of use. The flat and
wide nature of the trail provides conditions that would tend to
minimize user conflicts and support the multiple-use designation. The
NPS would continue to occasional use this trail for administrative
vehicle access to backcountry sites for emergency response and to
conduct maintenance and monitoring activities.
Effect of This Proposed Rule
The purpose of this proposed rule is to authorize bicycle use on
the Connector, Big Hollow, Mammoth Cave Railroad Bike and Hike, and
White Oak trails. NPS regulations require a special regulation for such
use, since the trails do not fall within developed areas of the park,
and they are not park roads. Without such a special rule, bicycling
could not be authorizes on these trails, and the full park-wide trails
management plan could not be implemented.
Compliance With Other Laws and Executive Orders
Regulatory Planning and Review (Executive Order 12866)
This document is not a significant rule and is not subject to
review by the Office of Management and Budget under Executive Order
12866.
1. This rule will not have an effect of $100 million or more on the
economy. It will not adversely affect in a material way the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or Tribal governments or communities. It is
anticipated that establishment of these trails will generate positive
benefits and no costs to visitors, businesses, or local communities.
This conclusion is based on the results of an NPS economic analysis of
the effects of the rule, dated November 17, 2009, which is available on
http://www.regulations.gov.
2. This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency. Actions
taken under this rule will not interfere with other agencies or local
government plans, policies, or controls. This is an agency specific
rule.
3. This rule does not alter the budgetary effects of entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients. No grants or other forms of monetary supplements are
involved.
4. This rule does not raise novel legal or policy issues. The rule
implements the special regulation required by NPS general regulations,
to allow bicycle use on four trails designated as bicycle routes,
within Mammoth Cave National Park.
Regulatory Flexibility Act (RFA)
The Department of the Interior certifies that this document 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 conclusion is based on the results of an NPS economic analysis of
the effects of the rule, dated November 17, 2009, available for review
at: http://www.nps.gov/maca/parkmgmt/planning, which incorporated a
regulatory flexibility threshold analysis. The rule would reasonably
increase park visitation and thereby generate benefits for businesses,
including small entities, through increased visitor spending.
Consequently, the rule will not impose a significant economic impact on
a substantial number of small entities.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
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. There are no businesses in the surrounding area economically
dependent on continued bicycle use on these trails. The November 2009
NPS economic analysis estimated that the rule would add a benefit to
local business in the form of new visitors attracted to the area to use
the trails, and not have an effect of $100 million on the economy.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, state, or local government
agencies, or geographic regions. The rule will not impose restrictions
on local businesses in the form of fees, training, record keeping, or
other measures that would increase costs.
The economic analysis projected a net benefit for the Federal
government and a consumer surplus of $27.02/day for new visitors and
$12.01/day for current visitors.
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
rule is internal to National Park Service operations, and has been
determined through economic analysis not to have adverse effects.
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. This rulemaking
addresses only actions that will be taken by the National Park Service.
It will not require any state, local or Tribal government to take any
action that is not funded; it is an agency specific rule and imposes no
requirements on small 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)
Under the criteria in Executive Order 12630, this rule does not
have significant takings implications. A taking implication assessment
is not required. This rule designates park trails inside the park, and
though the trails may connect with trails external to the park, the
rule does not require the taking of land for trail outside the park.
Federalism (Executive Order 13132).
Under the criteria in Executive Order 13132, this rule does not
have sufficient federalism implications to warrant the preparation of a
Federalism summary impact statement. This rule only effects use of NPS
administered lands. It has no effect on other areas. A Federalism
summary impact statement is not required.
Civil Justice Reform (Executive Order 12988)
This rule complies with the requirements of Executive Order 12988.
Specifically, this rule:
a. Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
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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)
Under the criteria in Executive Order 13175, we have evaluated this
rule and determined that it has no potential effects on Federally
recognized Indian Tribes. The question was considered as part of the
environmental assessment, and trails were configured to avoid areas
identified as archeological sites, specifically any with known burials.
In addition to the EA, past consultation with the Tribes has been
important in the identification of concerns or issues of cultural
interest.
Paperwork Reduction Act (PRA)
This rule does not contain information collection requirements, and
a submission under the Paperwork Reduction Act (PRA) is not required.
National Environmental Policy Act (NEPA)
The NPS prepared environmental assessments to determine whether the
actions taken through this rule would have a significant impact on the
quality of the human environment under the National Environmental
Policy Act of 1969.
A Comprehensive Trail Management Plan and Environmental Assessment
for the management of trails were completed and a finding of no
significant impact (FONSI) approved in December 2008. A separate plan
and EA was prepared for the Mammoth Cave Railroad Bike and Hike Trail
in 2004. These documents may be reviewed at: http://www.nps.gov/maca/parkmgmt/planning. The Department has determined that further
compliance under this Act is not required for any of these proposed
actions.
Information Quality Act (IQA)
In developing this rule we did not conduct or use a study,
experiment, or survey requiring peer review under the Information
Quality Act (Pub. L. 106-554).
Effects on the Energy Supply (Executive Order 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects is not
required.
Clarity of This Rule
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
a. Be logically organized;
b. Use the active voice to address readers directly;
c. Use clear language rather than jargon;
d. Be divided into short sections and sentences; and
e. Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that are unclearly written, which sections or sentences
are too long, the sections where you feel lists or tables would be
useful, etc.
Drafting Information
The principle contributors to this proposed rulemaking are: Patrick
H. Reed, Superintendent, L. W. Johnson, Natural Resources Specialist,
Ken Kern, Management Assistant, Wayne Elliot, Chief Ranger, Vickie T.
Carson, Public Information Officer, and Philip A. Selleck, Associate
Regional Director for Operations and Education, NCR, Washington, DC.
Public Participation
All submissions received must include the agency name and docket
number or Regulation Identifer Number (RIN) for this rulemaking. All
comments received will be posted without change to http://www.regulations.gov.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov and enter ``1024-
AD80'' in the ``Keyword or ID'' search box.
Public Availability of Comments
Before including your address, phone number, e-mail 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
District of Columbia, National parks, Reporting and recordkeeping
requirements.
For the reasons stated in the preamble, the National Park Service
proposes to amend 36 CFR part 7 as follows:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
1. The authority for Part 7 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 460q, 462(k); Sec. 7.96 also
issued under 36 U.S.C. 501-511, DC Code 10-137 (2001) and DC Code
50-2201.07 (2001).
2. In Sec. 7.36, add paragraph (c) to read as follows:
Sec. 7.36 Mammoth Cave National Park.
* * * * *
(c) Bicycles. (1) The following trails are designated as routes
open to bicycle use:
(i) Connector Trail from the Big Hollow Trailhead to the Maple
Springs Trailhead;
(ii) Big Hollow Trail;
(iii) Mammoth Cave Railroad Bike & Hike Trail; and
(iv) White Oak Trail.
(2) The following are prohibited:
(i) Possession of a bicycle on routes or trails not designated as
open to bicycle use;
(ii) Operating a bicycle on designated bicycle routes between
sunset and sunrise without exhibiting on the bicycle, or on the
operator, an activated white light that is visible from a distance of
at least 500 feet to the front and a red light or reflector visible
from at least 200 feet to the rear;
(iii) Operating a bicycle in excess of 15 miles per hour on
designated routes; and
(iv) Failing to yield the right of way to pedestrians or hikers.
(3) The Superintendent may open or close designated bicycle routes,
or portions thereof, pursuant to the criteria and procedures of
Sec. Sec. 1.5 and 1.7 of this chapter.
Dated: May 4, 2011.
Will Shafroth,
Acting Assistant Secretary Fish and Wildlife and Parks.
[FR Doc. 2011-12038 Filed 5-16-11; 8:45 am]
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