[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Proposed Rules]
[Pages 11650-11652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05414]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-PERI-24759; PPMWPERIS0 PPMPSPD1Z.YM0000]
RIN 1024-AE41


Special Regulations, Areas of the National Park System, Pea Ridge 
National Military Park; Bicycles

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service proposes to promulgate special 
regulations for Pea Ridge National Military Park to allow bicycle use 
on two proposed multi-use trails located within the park. One trail 
will be approximately 0.55 miles in length and the other will be 
approximately 1.17 miles in length. Both trails will require trail 
construction activities to accommodate bicycles and are therefore 
considered new trails 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.

DATES: Comments on the proposed rule must be received by 11:59 p.m. EST 
on May 15, 2018.

ADDRESSES: You may submit comments, identified by Regulation Identifier 
Number (RIN) 1024-AE41, by either of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail or hand deliver to: Pea Ridge National Military Park, 
15930 U.S. Hwy. 62 East, Garfield, AR 72732, Attention: Superintendent.
     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-AE41) 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: Lee Terzis, NPS Denver Service Center 
Transportation Division, 1155 E Pearl St., Monticello, FL 32344. Phone 
(850) 997-9972. Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Pea Ridge National Military Park (the park), established in 1956 
and opened to the public in 1963, preserves and commemorates the site 
of the March 1862 Civil War battle that helped Union forces maintain 
physical and political control of the State of Missouri. Administered 
by the National Park Service (NPS), the 4,300-acre battlefield is 
situated in the foothills of the Ozark Mountains 10 miles north of 
Rogers, Arkansas, just off of U.S. Highway 62. The park is divided into 
two sections: The main portion of the park is located north of U.S. 
Highway 62 and encompasses a majority of the historic battleground. The 
main portion consists of a dedicated series of soft surface trails for 
equestrians and pedestrians, as well as the tour road, which bicyclists 
share with vehicle users. The second, smaller portion is located to the 
south of U.S. Highway 62 along the bluffs of Little Sugar Creek and 
contains the Federal Trenches of the Union troops. This non-contiguous 
section is currently accessible from a small parking lot along Sugar 
Creek Road, which intersects with U.S. Highway 62, with a trail leading 
to the trenches.
    The park contains a portion of the northern route of the Trail of 
Tears that is one of the few places the Trail of Tears passes through 
Arkansas. Eleven Cherokee Removal contingents used this route from 1837 
to 1839. Through the park, the Trail of Tears generally followed the 
route of Telegraph Road, which is eligible for the National Register of 
Historic Places.

Road and Trail System in the Park

    The park contains an existing road and trail system (including the 
Federal Trenches trail) that provides pedestrians, hikers, bicyclists, 
and equestrians with interpretive and recreational opportunities. This 
system consists of a total of 32 miles of trail, including 7.6 miles of 
asphalt trail, 13.9 miles of off-road hiking trail, and 10.8 miles of 
horse trail. Bicycles are allowed on roads but not on trails within the 
park.
    The area surrounding the park--including local communities such as 
Pea Ridge, Garfield, Bentonville, Rogers, Springdale, and 
Fayetteville--has experienced dynamic population growth in recent 
years. Increased visitation to the park has created a need to improve 
the existing road and trail system to better accommodate travel through 
the park by various methods (e.g., automobile, pedestrian, equestrian, 
bicycle). In addition to enhancing interpretive and recreational 
opportunities, an improved road and trail system will generate 
operational efficiencies. There are opportunities to combine trails or 
locate trails adjacent to other trail types or facilities (e.g., water, 
restrooms, phones) to maximize the efficiency of performing park 
maintenance. By removing duplicative trails and infrastructure, the NPS 
can reduce overall maintenance costs.

Trail Plan/Environmental Assessment

    In November 2017, the NPS published the Pea Ridge National Military 
Park Trail Master Plan/Environmental Assessment (EA). The EA evaluates 
two action alternatives that are designed to improve visitor access to 
the park's historical and interpretive sites while avoiding or 
minimizing impacts to these sites by consolidating and restructuring 
the existing trail network. These alternatives also seek to improve 
multi-modal trail connections within the park while linking to a 
regional trail network outside of the park. Under both action 
alternatives, the NPS would expand and enhance opportunities for 
pedestrian trail interpretation, construct additional trailheads, 
modify trail loops for simplicity and interpretive value, construct 
additional ADA-accessible trails, install signage for the Trail of 
Tears, improve multi-use trails, and improve equestrian trails to avoid 
erosion-prone areas. These actions will meet the increasing 
recreational needs of the area while protecting the cultural and 
natural resources within the park.
    The EA identifies one of the action alternatives as the NPS 
preferred alternative. This alternative would allow bicycle use on two 
proposed multi-use trails that would require trail construction 
activities. The first would be a 0.55-mile trail from U.S. Highway 62 
to the visitor center. The second would be a 1.17-mile trail from 
Arkansas Highway 72 to the Sugar Creek Greenway on the western edge of 
the park. Bicycles would also be allowed on Ford Road, which is closed 
to motor vehicle use by the public, but open to motor vehicle use for 
administrative purposes. Bicycles would also be allowed on segments of 
the Tour Road, which is paved and open to motor vehicle use by the 
public.

[[Page 11651]]

    With respect to the proposed bike trails, the EA evaluates (i) the 
suitability of the trails 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 
trails. The EA, which contains 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 website at http://parkplanning.nps.gov/peri, by 
clicking on the link entitled ``Trail Master Plan/Environmental 
Assessment'' and then clicking on the link entitled ``Document List.''

Proposed Rule

    This proposed rule would implement the preferred alternative in the 
EA and authorize the Superintendent to designate bicycle use on the two 
trails described above. In order to accommodate bicycles, both trails 
will require construction activities that will be conducted in 
accordance with sustainable trail design principles and guidelines. NPS 
regulations at 36 CFR 4.30 require a special rule to designate these 
trails for bicycles use because they are located outside of developed 
areas. Bicycle use would not be authorized by the Superintendent until 
the trail construction activities are completed.
    The proposed rule would add a new section 7.95 to 36 CFR part 7--
Special Regulations, Areas of the National Park System for the park. 
The proposed rule would require the Superintendent to notify the public 
of trail designation for bicycle use 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 trails in accordance with 36 CFR 4.30. After 
notifying the public, the Superintendent would be able to take these 
actions for reasons of public health and safety, natural and cultural 
resource protection, and other management activities and objectives.

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. The NPS has developed this 
rule in a manner consistent with these requirements.

Reducing Regulation and Controlling Regulatory Costs (Executive Order 
13771)

    This rule is not an E.O. 13771 regulatory action because this rule 
is not significant under Executive Order 12866.

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: Bicycle Trails at 
Pea Ridge National Military Park'' which is available online at http://parkplanning.nps.gov/peri by clicking on the link entitled ``Trail 
Master Plan/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. The NPS has evaluated 
this rule under the criteria in Executive Order 13175 and under the 
Department's tribal consultation policy and has determined that tribal 
consultation is not required

[[Page 11652]]

because the rule will have no substantial direct effect on federally 
recognized Indian tribes.
    Nevertheless, the NPS recognizes that the park contains significant 
archeological sites and the Trail of Tears, which are considered very 
important to the following tribes: Absentee Shawnee Tribe, Cherokee 
Nation of Oklahoma, Jena Band of the Choctaw Indians, The Osage Nation, 
Shawnee Tribe of Oklahoma, Quapaw Tribe of Oklahoma, United Keetoowah 
Band of Cherokee Indians, The Chickasaw Nation, Caddo Nation, and the 
Muscogee (Creek) Nation. The park consulted with these tribes 
throughout the development of the EA and incorporated comments by 
adjusting proposed trails to mitigate or avoid impacts to these areas 
of interest.

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. The NPS 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

    The NPS has 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. A copy of the EA can be 
found online at http://parkplanning.nps.gov/peri, by clicking on the 
link entitled ``Trail Master Plan/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

    The NPS is 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 the NPS publishes 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 the NPS has not met these requirements, send the 
NPS comments by one of the methods listed in the ADDRESSES section. To 
better help the NPS revise the rule, your comments should be as 
specific as possible. For example, you should identify 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.

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 the NPS in your comment to withhold your personal identifying 
information from public review, the NPS cannot guarantee that it 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 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 Sec.  7.95 to read as follows:


Sec.  7.95   Pea Ridge National Military Park.

    (a) Bicycle Use. (1) The Superintendent may designate all or 
portions of the following trails as open to bicycle use:
    (i) A trail from U.S. Highway 62 to the visitor center 
(approximately 0.55 miles).
    (ii) A trail from Arkansas Highway 72 to the Sugar Creek Greenway 
on the western edge of the park (approximately 1.17 miles).
    (2) A map showing trails open to bicycle use will be available at 
park visitor centers and posted on the park website. 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.
    (b) [Reserved]

Jason Larrabee,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks, 
Exercising the Authority of the Assistant Secretary for Fish and 
Wildlife and Parks.
[FR Doc. 2018-05414 Filed 3-15-18; 8:45 am]
 BILLING CODE 4310-EJ-P