[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Rules and Regulations]
[Pages 48378-48380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20693]



[[Page 48378]]

-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[Docket ID: NPS-2018-0004; NPS-PERI-25774; 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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The National Park Service promulgates special regulations for 
Pea Ridge National Military Park to allow bicycle use on two 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: This rule is effective on October 25, 2018.

ADDRESSES: The comments received on the proposed rule and an economic 
analysis are available on www.regulations.gov in Docket ID: NPS-2018-
0004.

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 US 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 
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.
    With respect to the 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. After a public review period, the Regional Director of the 
Midwest Region signed a Finding of No Significant Impact (FONSI) in 
June 2018 that identified the preferred alternative (Alternative 3) in 
the EA as the selected action. At the same time, the Regional Director 
signed a written determination that bicycle use on the two trails is 
consistent with the protection of the park area's natural, scenic, and 
aesthetic values; safety considerations and management objectives; and 
will not disturb wildlife or park resources.
    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 website at 
http://parkplanning.nps.gov/peri, by clicking on the link entitled 
``Trail Master Plan/Environmental Assessment'' and then

[[Page 48379]]

clicking on the link entitled ``Document List.''

Final Rule

    This rule implements the selected action in the FONSI and 
authorizes 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 will not be authorized by the Superintendent until 
the trail construction activities are completed.
    The rule adds a new section 7.95 to 36 CFR part 7--Special 
Regulations, Areas of the National Park System for the park. The rule 
requires 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 authorizes 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 may take these actions for reasons of public health and 
safety, natural and cultural resource protection, and other management 
activities and objectives.

Summary of Public Comments

    The NPS published a proposed rule in the Federal Register on March 
13, 2018 (83 FR 11650). The NPS accepted comments on the proposed rule 
through the mail, hand delivery, and through the Federal eRulemaking 
Portal at www.regulations.gov. Comments were accepted through May 15, 
2018. A summary of the pertinent issues raised in the comments and NPS 
responses are provided below. After considering the public comments and 
after additional review, the NPS did not make any changes to the rule.
    1. Comment: One commenter suggested that the trails should be 
experienced in ways--such as hiking and walking--that are less 
destructive to the environment and more conducive to their short 
length.
    NPS Response: The NPS determined in the FONSI that bicycle use on 
the trails will not have a significant impact on the environment. A 
more detailed discussion of the environmental impacts of bicycle use on 
these trails can be found in the EA, FONSI, and written determination. 
With respect to the length of the trails, the segments of trail within 
the park will connect to the regional trail network identified in the 
Northwest Arkansas Regional Bicycle and Pedestrian Master Plan. The 
length of the larger network of trails is conducive to bicycling, as 
are the segments within the park that the NPS expects will be used by 
bicyclists as a new way of experiencing the historical and cultural 
resources within the park. The rolling topography of the park will 
lengthen the amount of time it will take a visitor to travel by 
bicycle, making the trails more conducive to this form of 
transportation.
    2. Comment: One commenter asked the NPS to provide evidence for the 
statement in the proposed rule that population growth in the areas 
surrounding the park support the need for providing increased 
recreational opportunities such as bicycling.
    NPS Response: U.S. Census Bureau data from 2016 show that the 
Northwest Arkansas metro area accounted for most of the state's 
population growth in the previous five years. The Northwest Arkansas 
Council's recent analysis of new U.S. Census Bureau population 
estimates indicate the region will be listed in the Top 100 largest 
metropolitan areas by 2019. More information can be found online at 
http://www.nwacouncil.org/news/2018/3/22/analysis-northwest-bentonville-fayetteville-arkansas-census-top-100-population.
    3. Comment: One commenter requested more information about the 
construction activities that the NPS will undertake to accommodate 
bicycles on the trails. In particular, the commenter raised concerns 
about impacts to soil in erosion-prone areas. This commenter also asked 
for more information about the sustainable trail design principles and 
guidelines that will govern the construction activities.
    NPS Response: The trail alignments identified in the EA primarily 
use established road beds that have suitable soil compaction for 
bicycle use. The selected action includes the removal of redundant 
trail alignments and relocation of existing pedestrian and equestrian 
trails that are currently experiencing extensive erosion in order to 
minimize impacts to natural and cultural resources. The EA identifies 
applicable mitigation measures to minimize impacts caused by 
construction activities. Section 9.2.2 of NPS Management Policies 
(2006) requires that all trails be carefully situated, designed and 
managed to protect park resources. The NPS will design and construct 
the trails to avoid or minimize disturbance to sensitive resources and 
will incorporate design techniques to reduce the likelihood and 
presence of social trailing.

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)

    Enabling regulations are considered deregulatory under guidance 
implementing E.O. 13771 (M-17-21). This rule authorizes the 
Superintendent to allow a recreational activity for the public to enjoy 
and experience certain areas within the National Park System that would 
otherwise be prohibited.

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 Threshold Analyses: Bicycle 
Trails at Pea Ridge National Military Park'' which is available on 
www.regulations.gov in Docket ID: NPS-2018-0004.

[[Page 48380]]

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 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 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 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

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 is not required 
because the NPS reached a Finding of No Significant Impact. A copy of 
the EA and FONSI 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.

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 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:  54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also 
issued under DC Code 10-137 and DC 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]

Andrea Travnicek,
Principal Deputy Assistant Secretary--Water and Science, Exercising the 
Authority of the Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2018-20693 Filed 9-24-18; 8:45 am]
 BILLING CODE 4310-EJ-P