[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Proposed Rules]
[Pages 12761-12763]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5025]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
RIN 1024-AE08
Special Regulations; Areas of the National Park System, Saguaro
National Park, Bicycle Route
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The National Park Service (NPS) is proposing to designate the
Hope Camp Trail as a bicycle route within Saguaro National Park (Park).
The National Park Service general regulation at 36 CFR 4.30(b) requires
promulgation of a special regulation to designate bicycle routes
outside of developed areas and special use zones.
DATES: Comments must be received by May 1, 2012.
ADDRESSES: You may submit comments, identified by the Regulation
Identifier Number (RIN) 1024-AE08, by any of the following methods:
Federal rulemaking portal http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail or hand deliver to: Superintendent, Saguaro National
Park, 3693 South Old Spanish Trail, Tucson, AZ 85730-5601.
FOR FURTHER INFORMATION CONTACT: Bob Love, Chief Ranger, Saguaro
National Park, 520-591-1013.
SUPPLEMENTARY INFORMATION:
Background
Legislation and Purposes of Saguaro National Park
Due to the exceptional growth of various species of cacti,
including the giant saguaro cactus, and because of outstanding
scientific interest, Saguaro National Park was initially reserved as a
National Monument on March 1, 1933 (Presidential Proclamation No. 2032,
47 Stat. 2557).
In 1961, Presidential Proclamation No. 3439 (76 Stat. 1437)
enlarged the boundaries of the Saguaro National Monument to include
certain lands within the Tucson Mountains containing a remarkable
display of relatively undisturbed lower Sonoran desert vegetation,
including a spectacular saguaro stand.
In October 1976, Public Law 94-567 (90 Stat. 2692) designated parts
of Saguaro National Monument as a wilderness area, known as the Saguaro
Wilderness.
On June 19, 1991, Congress passed Public Law 102-61 that included
the ``Saguaro National Monument Expansion Act of 1991'' (105 Stat. 303)
to authorize the addition of approximately 3,540 acres to the Rincon
unit of Saguaro National Monument in order to protect, preserve, and
interpret the monument's resources, and to provide for education and
benefit to the public.
Under the Saguaro National Park Establishment Act of 1994 (16
U.S.C. 410zz), Saguaro National Monument was renamed Saguaro National
Park.
The Park is an important national resource visited by approximately
700,000 people annually. It encompasses/includes approximately 91,450
acres, 71,400 acres of which are designated as wilderness. The Park has
two Districts--the Rincon Mountain District east of Tucson and the
Tucson Mountain District west of Tucson. Both are within Pima County,
Arizona, and are separated by the city of Tucson. The Park protects a
superb example of the Sonoran Desert ecosystem, featuring exceptional
stands of Saguaro cacti. The Saguaro is the tallest cactus in the
United States, and is recognized worldwide as an icon of the American
Southwest.
The Hope Camp Trail is a 2.8 mile long hiking and equestrian trail
that originates at the Loma Alta Trailhead and travels east through the
southwestern portion of the Park's Rincon Mountain District to the
Arizona State Trust Lands boundary beyond Hope Camp. The trail
generally traverses relatively even terrain and rolling hills, and is
lined with a variety and abundance of desert trees and shrubs. The
trail is not within proposed, recommended, or designated wilderness.
Prior to NPS acquisition in the mid 1990s, the land was part of a
privately-owned ranch, and the trail route was a graded dirt road used
to support ranching operations. The former owner also allowed the route
to be used for recreational purposes, including hiking, equestrian and
bicycle use. Shortly after acquiring the land, NPS closed the route to
motor vehicles and bicycles. The trail is currently open to hiker and
equestrian use only. Although closed to vehicular traffic, the route
remains approximately 14 feet wide, allowing adequate room for two-way
passage of diverse user groups.
General Management Plan
The Park's General Management Plan/Environmental Impact Statement
(GMP) was completed in 2008. The GMP may be viewed online at http://parkplanning.nps.gov/sagu.
[[Page 12762]]
The purposes of the GMP are as follows:
Confirm the purpose, significance, and special mandates of the
Park.
Clearly define resource conditions and visitor uses and
experiences to be achieved at the Park.
Provide a framework for NPS managers to use when making
decisions about how to:
[cir] Best protect Park resources;
[cir] Provide quality visitor uses and experiences; and
[cir] Manage visitor uses, and what kinds of facilities, if any, to
develop in/near the Park.
Ensure that a foundation for decision making has been
developed in consultation with interested stakeholders and adopted by
NPS leadership after an adequate analysis of the benefits, impacts, and
economic cost of alternative courses of action.
The GMP identifies six different management zones, which are
specific descriptions of desired conditions for Park resources and
visitor experiences in different areas of the Park. As identified in
the GMP, the Hope Camp Trail lies within the Natural Zone. Under the
GMP, activities within the Natural Zone would include hiking, horseback
riding, running, bicycling, and viewing flora and fauna. The zone is
available for day use only, and visitors are required to stay on
trails. The GMP provides that bicycling opportunities will be explored
along the Hope Camp Trail.
Comprehensive Trails Management Plan/Environmental Assessment
In November 2005, the Park initiated the development of a
Comprehensive Trails Management Plan/Environmental Assessment (Plan/EA)
for the Park. Internal scoping occurred with Park staff, planning
professionals from the NPS Intermountain Support Office, along with
representatives from the U.S. Forest Service and the Sonoran Institute.
External scoping included mailing and distribution of three separate
newsletters, four public open house meetings and a 60-day public
comment period. As a result of this process, four alternatives for the
Park's Rincon Mountain District (including a no action alternative)
were identified for public comments. Two alternatives called for
conversion of the Hope Camp Trail into a multi-use trail, to include
the use of mountain bicycles, and two alternatives kept the trail open
to hikers and equestrians only. During the public comment period on the
draft Plan/EA, the NPS considered 253 pieces of correspondence,
containing a total of 638 comments on the draft Plan/EA alternatives.
The objectives of the Plan/EA are to:
Prevent impairment and unacceptable impacts on natural and
cultural resources.
Provide reasonable access to the trails network and
trailheads.
Eliminate unnecessary and parallel/duplicate trails.
Ensure that the resulting trails network is safe and
maintainable.
Provide for a clearly designated trail system.
Provide for a variety of trail experiences.
The Plan/EA was completed in 2009. The selected alternative and the
Finding of No Significant Impact (FONSI), signed by the NPS
Intermountain Regional Director on July 31, 2009, calls for the
conversion of the Hope Camp Trail to a multi-use trail, including
bicycling. The Plan/EA and FONSI may be viewed online at http://www.nps.gov/sagu/parkmgmt/trails.
History of Bicycle Use
A 2003 rulemaking authorized bicycle use on the 2.5 mile Cactus
Forest Trail that bisects the paved, 8-mile-long Cactus Forest Loop
Drive in the Rincon Mountain District of the Park. This rule does not
address the Cactus Forest Trail, which remains open to bicycle use, as
well as hiker and equestrian use. This bicycle trail has recently been
used to introduce underserved youth to the Park and the NPS via
mountain bike and educational fieldtrips as part of the ``Trips for
Kids'' program. Currently, this is the only trail in the Park open to
bicycle use.
Authorizing Bicycle Use
This proposed rule would designate as a bicycle route and open to
bicycle use, the approximate 2.8 mile Hope Camp Trail, from the Loma
Alta Trailhead east to the Arizona State Trust Lands boundary,
approximately .2 miles beyond Hope Camp. Park staff, volunteer
organizations, and local interest groups would monitor and mitigate the
environmental impacts of mountain bike use on the Hope Camp Trail to
ensure that the trail is maintained in good condition and that issues
of concern are immediately brought to the attention of Park management.
Compliance With Other Laws and Executive Orders
Regulatory Planning and Review (Executive Order 12866)
This document is not a significant rule and the Office of
Management and Budget has not reviewed this rule 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.
(2) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency. This is an
agency specific rule, supported by the Pima County (AZ) Parks and
Recreation Department.
(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.
(4) This rule does not raise novel legal or policy issues. This
rule implements 36 CFR 4.30 which requires the promulgation of special
regulations for the designation of bicycle routes outside of developed
areas and special use zones.
Regulatory Flexibility Act (RFA)
The Department of the Interior certifies that this document would
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 for Designating Bicycle Trails in
Saguaro National Park'' that is available for review at http://www.nps.gov/sagu/parkmgmt/trails.
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.
There are no businesses in the surrounding area economically
dependent on bicycle use of this trail. The park does not have any
bicycle rental concessioners and current users are predominantly
individuals engaged in recreational activities.
[[Page 12763]]
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)
Under the criteria in Executive Order 12630, this rule does not
have significant takings implications. 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. No taking of personal property will occur as
a result of this rule.
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. A Federalism summary impact
statement is not required.
Civil Justice Reform (Executive Order 12988)
This rule complies with the requirements of Executive Order 12988.
Specifically this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Consultation With Indian Tribes (Executive Order 13175)
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. Affiliated Native American tribes were
contacted by letters sent in December 2008 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 under the PRA is not required.
National Environmental Policy Act (NEPA)
We have prepared an environmental assessment and have determined
that this rule will not have a significant effect on the quality of the
human environment under the NEPA of 1969. The Plan/EA for the Park and
FONSI that included an evaluation of bicycling on the Hope Camp Trail
may be viewed online at http://www.nps.gov/sagu/parkmgmt/trails.
Effects on the Energy Supply (Executive Order 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A statement of Energy Effects is not
required.
Clarity of This Regulation
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ``ADDRESSES'' section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that you find unclear, which sections or sentences are
too long, the sections where you feel lists or tables would be useful,
etc.
Drafting Information
The primary authors of this regulation are Robert Love, Chief
Ranger, Saguaro National Park, Darla Sidles, Superintendent, Saguaro
National Park, John Calhoun and A.J. North, NPS Regulations Program,
Washington, DC.
Public Participation
It is the policy of NPS, whenever practicable, to afford the public
an opportunity to participate in the rulemaking process. Accordingly,
interested parties may submit written comments, suggestions, or
objections regarding this proposed rule to the addresses noted at the
beginning of this rule.
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comments, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
List of Subjects in 36 CFR Part 7
District of Columbia, National parks, Reporting and recordkeeping
requirements.
In consideration of the foregoing, the NPS proposes to amend 36 CFR
Part 7 as set forth below:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
1. Revise the authority citation for Part 7 to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec. 7.96 also issued
under 36 U.S.C. 501-511, DC Code 10-137 (2001) and DC Code 50-2201
(2001).
2. Revise Sec. 7.11(a) to read as follows:
Sec. 7.11 Saguaro National Park.
(a) Bicycles. (1) The following trails are designated as routes for
bicycle use:
(i) That portion of the Cactus Forest Trail inside the Cactus
Forest Drive; and
(ii) The Hope Camp Trail, from the Loma Alta Trailhead east to the
Arizona State Trust Lands boundary, .2 miles beyond Hope Camp.
(2) The Superintendent may open or close designated routes, or
portions thereof, or impose conditions or restrictions for bicycle use
after taking into consideration public health and safety, natural and
cultural resource protection, and other management activities and
objectives. 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.
* * * * *
Dated: February 22, 2012.
Rachel Jacobson,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2012-5025 Filed 3-1-12; 8:45 am]
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