[Federal Register Volume 77, Number 191 (Tuesday, October 2, 2012)]
[Rules and Regulations]
[Pages 60050-60053]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24231]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-SAGU-10884; 8671-0004-SZM]
RIN 1024-AE08
Special Regulations; Areas of the National Park System, Saguaro
National Park, Bicycling
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: This rule designates the Hope Camp Trail as a route for
bicycle use and allows for management of bicycle use within Saguaro
National Park. Further, the rule meets the provision of the National
Park Service general regulation pertaining to bicycles requiring
promulgation of a special regulation to designate bicycle routes
outside of developed areas.
DATES: This rule is effective November 1, 2012.
FOR FURTHER INFORMATION CONTACT: Darla Sidles, Superintendent, Saguaro
National Park, (520) 733-5101.
SUPPLEMENTARY INFORMATION:
Background
Legislation and Purposes of Saguaro National Park
In 1933, in order to protect lands with exceptional growth of
various species of cacti, including the so-called giant or saguaro
cactus, President Herbert Hoover established what would later be known
as Saguaro National Monument through Proclamation No. 2032 (47 Stat.
2557). In 1961 President John F. Kennedy enlarged the national monument
to include certain lands in what was then known as the Tucson Mountain
Park through Proclamation No. 3439 (76 Stat. 1437). In 1976 Congress
designated 71,400 acres of the national monument as wilderness (Pub. L.
94-567, 90 Stat. 2692, 2693). Then, in 1991, through the Saguaro
National Monument Expansion Act of 1991, Congress authorized the
addition of approximately 3,540 acres of lands to the Rincon Unit of
the national monument (Pub. L. 102-61, 105 Stat. 303). Finally in 1994,
through the Saguaro National Park Establishment Act of 1994, Congress
again expanded the park area and renamed it Saguaro National Park
(Park) (Pub. L. 103-364, 108 Stat. 3467, codified at 16 U.S.C. 410zz
through 410zz-3).
The Park is an important national resource visited by approximately
700,000 people annually. It encompasses 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 eligible, proposed, recommended, or designated
wilderness.
Prior to the National Park Service (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, the 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.
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
[[Page 60051]]
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
converting the Hope Camp Trail into a multi-use trail, to include the
use of 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 were 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 converting
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/park-planning.htm.
History of Bicycle Use
A 2003 rulemaking authorized bicycle use on the 2.5-mile-long
Cactus Forest Trail that bisects the paved, 8-mile-long Cactus Forest
Loop Drive in the Rincon Mountain District of the Park. This rulemaking
does not address the Cactus Forest Trail (CFT), which remains open to
bicycle use, as well as hiker and equestrian use. The CFT has recently
been used to introduce underserved youth to the Park and the NPS via
bicycling 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 rule designates as a bicycle route and opens to bicycle use
the approximate 2.8-mile-long 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 will monitor and mitigate the environmental
impacts of bicycle use on the Hope Camp Trail to ensure that the trail
is maintained in good condition and that any issues of concern that may
arise are immediately brought to the attention of Park management.
Notice of Proposed Rulemaking
On March 2, 2012, the NPS published a Notice of Proposed Rulemaking
for the designation of the Hope Camp Trail as a bicycle route within
Saguaro National Park (77 FR 12761). The proposed rule was available
for a 60-day public comment period, from March 2, 2012 through May 1,
2012.
Summary of and Responses to Public Comment
Comments were accepted through the mail, by hand delivery, and
through the Federal eRulemaking Portal: http://www.regulations.gov. The
NPS received 148 public comments during the comment period. Of these
responses, 142 expressed support for the proposed rule. Three of the
responses were from organizations, and the rest were from individuals.
The three organizations that responded, all in support of the proposed
regulation, are the Southern Arizona Hiking Club, Arizona Trail
Association, and International Mountain Bicycling Association. There
were no responses received from organizations in opposition of the
proposed rule.
Some of the 142 comments received supporting the proposed include:
1. Comment: I support the proposed regulation to allow bicycles on
Hope Camp Trail in Saguaro National Park. The special regulation to
allow bicycles on the Hope Camp Trail should be promulgated because:
(a) Bicycles were allowed on this dirt road before the property was
acquired by the NPS;
(b) Bicycle access on Hope Camp trail is not controversial because
the area is not recommended or designated as Wilderness;
(c) Bicycle access is consistent with the 2009 Comprehensive Trails
Management Plan; and
(d) The Hope Camp trail provides a vital connection between Tucson
and the Arizona Trail.
Having this connectivity would allow riders to use the City of
Tucson as a starting or ending destination when riding the southern
sections of the Arizona Trial that head south into the Rincon Valley.
The Arizona Trail Association is working to find a route that will
allow cyclists to also travel north from Tucson.
2. Comment: This is a chance to advance an important principle that
bicycles are a low-impact recreational opportunity that is compatible
with the mission of the National Park Service.
3. Comment: In regards to the opening of the trail connecting
Saguaro National Park, Hope, and the Arizona Trail--I am in complete
support of the change of trail designation to include full multi-use,
including hikers, equestrian, and mountain bicycles (no motorized
vehicles). I have hiked on this trail, as well as helping to work on it
during its very early stages. It will make a vital connection to the
Arizona trail for those trail users who enjoy longer excursions into
the surrounding area. Also, a significant amount of the proposed
section of trail is laid on established right of ways, actually being
bladed. A review of trails in the surrounding area will confirm that
multi-use trails can and do exist very well, allowing an expanded
number of users with minimal impact on the natural resources. Please
make this change in designation.
The five comments received in opposition of the proposed rule,
along with the NPS response, to each follow:
1. Comment: I am NOT in favor of opening the Hope Camp Trail to
bicycle use until such time as the trailhead parking area, which I
understand is Pima County property, is improved to safely accommodate
the additional parking without further damaging the surrounding natural
resource.
Response: The NPS agrees that trailhead improvements are needed at
the Hope Camp Trailhead. The park's GMP calls for re-designing and
improving the Camino Loma Alta trailhead. The current trailhead and
access road are on Pima County property. The NPS is working with Pima
County to transfer ownership to the NPS. Pima County has also expressed
interest in partnering with the park to re-design and improve the Loma
Alta Trailhead.
[[Page 60052]]
2. Comment: As an avid mountain biker, I am always happy to see new
access to challenging and scenic land. However, this proposal is an
exception, in that this trail will bring mountain bikers much too close
to sites of historic and archaeological value. Therefore, I oppose this
re-designation, and hope that you decide not to allow bicycle access.
Response: While there are areas of historic and archaeological
interest along the Hope Camp area, the NPS believes the return of
bicyclists to this pre-existing route will not lead to degradation of
these resources. The Hope and Deer Camp areas provide a great
opportunity to interpret the Park's ranching heritage; however, an
evaluation by the Arizona State Historic Preservation Office found they
are not eligible for listing on the National Registry of Historic
Places.
3. Comment: I oppose any mountain bike trails within Saguaro
National Park. I believe that bike use on trails within this park is
incompatible with the visitors' expectations of a trail experience
within a national park.
Response: The Park completed its GMP in 2008. The GMP's preferred
alternative identified the Hope Camp Trail, an area determined not
suitable for wilderness designation, for conversion to a multi-use
trail. Subsequently, the Plan/EA completed in 2009, also identified
conversion of the Hope Camp Trail as a multi-use trail. Numerous public
meetings were held for both plans, and both plans were published for
60-day review and comment periods. Public interest in these planning
processes was high, and the park received many comments, but none
expressed concern that bicycle use was incompatible with visitor
experience. The NPS is committed to providing appropriate, high quality
opportunities for visitors to enjoy the units of the National Park
System, consistent with the agencies stewardship responsibilities. In
2005, the NPS entered into a General Agreement with the International
Mountain Bicycling Association (IMBA). This agreement is the
culmination of collaborative efforts of both parties to provide high
quality bicycling opportunities for visitors to enjoy the national park
system, in appropriate areas in a manner consistent with our
stewardship responsibilities. Mountain biking is also compatible with
national programs such as the First Lady's ``Let's Move Outside''
initiative that encourages kids to get outside and be more physically
active, as well as with many NPS efforts promoting Healthy People,
Healthy Parks.
4. Comment: This proposal would lead to significant changes to the
trail experience in this portion of Saguaro National Park that will
negatively impact hikers, equestrians, wildlife, and will reduce
solitude and wilderness-like aesthetics that are long-standing
attributes in this area and the primary draw for visitors over the
years. Most egregiously, it will also lead to renegade use by cyclists
of the Quilter Trail leading into the Saguaro Wilderness, due to
unregulated access and a lack of enforcement.
Response: While there may be changes to trail experiences, the NPS
believes bicycle use is compatible to the trail's current users. For
all park trails connecting to the Hope Camp Trail, including the
Quilter Trail, use of bicycles will continue to be prohibited.
Appropriate signing will be installed and NPS rangers and volunteers
will patrol these trails and enforce NPS regulations.
5. Comment: I find it simply wrong to take away this set of trails
for only bicycle use, leaving equestrian trail riders and hikers off
limits. To me, this would be inappropriate use and a major limitation
of this area so a select few can enjoy it.
Response: The Final Rule does not limit the Hope Camp Trail to
bicycle use only. Instead, the trail will become a multi-use trail
allowing hiking, equestrian, and bicycle use.
One comment received was not relevant to the rule and therefore was
not considered.
Changes From the Proposed Rule
Paragraph (a)(2)(ii) was added to clarify that violating a closure,
condition, or restriction established by the Superintendent under
paragraph (a)(2) is prohibited.
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 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 (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 for
Designating Bicycle Trails in Saguaro National Park'' that is available
for review at http://www.nps.gov/sagu/parkmgmt/park-planning.htm.
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. 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.
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.
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 section 2 of Executive Order 12630, this rule
does not have significant takings implications. A taking implications
[[Page 60053]]
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 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 in the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Consultation With Indian Tribes (Executive Order 13175 and Department
Policy)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian tribes through a
commitment to consultation with Indian tribes and recognition of their
right to self-governance and tribal sovereignty. We have evaluated this
rule under the Department's consultation policy and under the criteria
in Executive Order 13175 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
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)
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the NEPA is not required because we reached a FONSI. The Plan/EA
and FONSI that included an evaluation of bicycling on the Hope Camp
Trail may be viewed online at http://www.nps.gov/sagu/parkmgmt/park-planning.htm.
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 Robert Love, Chief
Ranger, Saguaro National Park, Darla Sidles, Superintendent, Saguaro
National Park, John Calhoun 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 citation for Part 7 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec. 7.96 also issued
under 36 U.S.C. 501-511, D.C. Code 10-137 (2001) and D.C. Code 50-
2201 (2001).
0
2. Revise Sec. 7.11(a) to read as follows:
Sec. 7.11 Saguaro National Park.
(a) Bicycling. (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, located approximately .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.
(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: September 25, 2012.
Rachel Jacobson,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2012-24231 Filed 10-1-12; 8:45 am]
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