[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]]
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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.
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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]
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