[Federal Register Volume 84, Number 94 (Wednesday, May 15, 2019)]
[Proposed Rules]
[Pages 21738-21740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09893]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-HOSP-27423;PPMWMWROW2/PMP00UP05.YP0000]
RIN 1024-AE50
Hot Springs National Park; Bicycling
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The National Park Service proposes to amend the special
regulations for Hot Springs National Park to allow bicycle use on a new
trail connection between the Park and property owned by the City of Hot
Springs, Arkansas. The new 0.65-mile trail would provide local
residents and visitors with access in and across the Park to an
extensive network of recreational trails in the City's Northwoods Urban
Forest Park. The new natural surface, multi-use trail connection would
be open to both pedestrian and bicycle use. 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 July 15, 2019.
ADDRESSES: You may submit comments, identified by Regulation Identifier
Number (RIN) 1024-AE50, by either of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
(2) By hard copy: Mail or hand deliver to: Superintendent, Hot
Springs National Park, 101 Reserve Street, Hot Springs, AR 71901.
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-AE50) for this rulemaking. Comments
received may 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: Tokey Boswell, Chief of Planning and
Compliance, Midwest Regional Office, 601 Riverfront Drive, Omaha,
Nebraska 68102. Phone: 402-661-1534, Email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
People have long recognized the unique thermal waters that flow
from the base of Hot Springs Mountain in Hot Springs, Arkansas. For
thousands of years before it became a favored vacation destination in
the 18th century, and prior to the arrival of early European explorers
journeying west of the Mississippi River, Native Americans from around
the region traveled to the springs and surrounding rocky mountain
slopes, quarrying novaculite from the hilltops for their tools and
weapons, and drinking and bathing in the mineral rich waters bubbling
from the ground. The first permanent settlers to reach the Hot Springs
area in 1807 were quick to realize the springs' potential as a health
resort, and a bustling town grew up around the hot springs to provide
services for health seekers.
To protect this unique national resource and preserve it for the
use of the public, Congress set aside the springs and adjoining
mountains as a federal reservation in 1832, making it the oldest unit
of the National Park System. Over the next 50 years, the area
transformed from a rough frontier town to an elegant and thriving spa
city. In 1921, Congress designated the reservation as Hot Springs
National Park (the Park). Today, the 5,500-acre Park contains
vegetation, thermal waters, cold-water springs, bathhouses and
associated cultural features, nearly 26 miles of hiking and equestrian
trails, and prehistoric and historic novaculite quarries. The National
Park Service (NPS) preserves and manages the natural and cultural
resources of the Park for more than 1.5 million annual visitors. The
City of Hot Springs, with an approximate population of 37,000, is
located next to the Park.
Pullman Avenue Trail Connection/Environmental Assessment
The NPS proposes to create a new 0.65-mile natural surface trail
within the Park. This new Pullman Avenue Trail Connection would extend
north from a trailhead at Pullman Avenue and connect the Park with
ongoing trail
[[Page 21739]]
development on City property at the Park's northern boundary. The NPS
would build the trail using sustainable trail construction techniques
and designate it for both pedestrian and bicycle use. The trail would
follow the natural contours of the site, winding around obstacles such
as trees, large rocks, and bushes; and would feature shallower grades
and wider turns to support user safety, reduce water pooling and
erosion, and reduce the overall maintenance costs associated with more
complex trail features. This gently-graded bare soil and bedrock trail
connection would (1) enhance connectivity within and beyond the Park
for the benefit of visitors and residents of the City; (2) expand
recreational trail use opportunities; and (3) enhance visitor
experience and safety while protecting natural and cultural resources.
No equestrian use or motorized uses would be permitted.
On February 1, 2019, the NPS published the Pullman Avenue Trail
Connection/Environmental Assessment (EA). The EA presents two
alternatives for future trail opportunities at the Park, and identifies
one of the alternatives as the NPS preferred alternative. Under the
preferred alternative, the NPS would construct the Pullman Avenue Trail
Connection and designate it for pedestrian and bicycle use. The EA
evaluates (1) the suitability of the Pullman Avenue Trail Connection
for bicycle use; and (2) 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 trail in compliance with 36 CFR
4.30(e)(2). The EA, which contains a full description of the purpose
and need for taking action, the alternatives considered, maps, and the
environmental impacts associated with the project, may be viewed on the
park's planning website at https://parkplanning.nps.gov/hosp by
clicking on the link entitled ``Pullman Avenue Trail Connection
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
Pullman Avenue Trail Connection. This proposal does not include any
existing park trails, which are not and would not be opened to bicycles
by this proposed rule.
This proposed rule complies with the requirement in 36 CFR 4.30
that the NPS must promulgate a special regulation in order to designate
a new bicycle trail that requires construction activities outside of
developed areas. The proposed rule would add a new paragraph (c) to 36
CFR 7.18--Special Regulations, Areas of the National Park System for
Hot Springs National Park. After the trail is constructed, the rule
would require the Superintendent to notify the public prior to
designating the trail for bicycle use through one or more of the
methods listed in 36 CFR 1.7, and identify the designation on maps
available at Park visitor centers and on the Park website (www.nps.gov/hosp). Where the proposed trail crosses or intersects other Park trails
closed to bicycle use, signage would clearly indicate allowed uses and
restrictions at those intersections. The proposed rule would also
authorize the superintendent to establish closures, conditions, or
restrictions for bicycle use on the trail after considering public
health and safety, resource protection, and other management activities
and objectives, provided public notice is given under 36 CFR 1.7(a).
Bicycle use would not be authorized by the Superintendent until the NPS
completes the planning and environmental review process, completes a
written determination as required by 36 CFR 4.30(e)(2), promulgates a
final rule, and completes trail construction.
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. We have 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 would authorize 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 Draft
Cost-Benefit and Regulatory Flexibility Threshold Analyses: Proposed
Special Regulations to Designate a New Trail Connection for Bicycle Use
at Hot Springs National Park. The document may be viewed at http://parkplanning.nps.gov/PullmanConnection, by 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.
[[Page 21740]]
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. We have evaluated this
rule under the criteria in Executive Order 13175 and under the
Department's tribal consultation policy and have determined that tribal
consultation is not required because the rule will have no substantial
direct effect on federally recognized Indian tribes. Nevertheless, in
support of the Department of Interior and NPS commitment for
government-to-government consultation, through the EA process, the NPS
initiated consultation with the four Indian tribes traditionally
associated with the Park.
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. We 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/PullmanConnection, by
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
We are 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 we publish 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 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 author of this regulation is Megan Apgar, Regulations
Program Specialist, Division of Regulations, Jurisdiction, and Special
Park Uses, National Park Service.
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 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
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 DC Code 10-137 and DC Code 50-2201.07.
0
2. Amend Sec. 7.18 by adding paragraph (c) to read as follows:
Sec. 7.18 Hot Springs National Park.
* * * * *
(c) Bicycle Use.
(1) The Superintendent may designate all or a portion of the
following trail as open to bicycle use:
(i) Pullman Avenue Trail Connection (full length of the trail
approximately 0.65 miles);
(ii) [Reserved].
(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 trails designated for bicycle use in
accordance with Sec. [thinsp]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. [thinsp]4.30 of this chapter.
Andrea Travnicek,
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. 2019-09893 Filed 5-14-19; 8:45 am]
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