[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Proposed Rules]
[Pages 72010-72013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23077]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-CAHA-NPS0036286; 233P103601--PPSECAHAS0--PPMPSPD1Z.YM0000]
RIN 1024-AE83


Cape Hatteras National Seashore; 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 Cape Hatteras National Seashore to allow for bicycle 
use on an approximately 1.6-mile multi-use pathway to be constructed in 
the Hatteras Island District of the Seashore.

DATES: Comments on the proposed rule must be received by 11:59 p.m. EDT 
on December 18, 2023.

ADDRESSES: You may submit comments, identified by Regulation Identifier 
Number (RIN) 1024-AE83, by either of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov/. Follow the instructions for submitting comments.
    (2) By hard copy: Mail to: Superintendent, Cape Hatteras National 
Seashore, 1401 National Park Drive, Manteo, North Carolina 27954.
    Document Availability: The Construct Multi-use Pathway in Hatteras 
Island District Environmental Assessment (EA), Finding of No 
Significant Impact (FONSI), and related project documents provide 
information and context for this proposed rule and are available online 
at https://parkplanning.nps.gov/parkHome.cfm?parkID=358 by clicking the 
link entitled ``Construct Multi-Use Pathway in Hatteras Island 
District'' and then clicking the link entitled ``Document List.''
    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-AE83) for this rulemaking. Comments 
received may be posted without change to https://www.regulations.gov/, 
including any personal information provided.
    Docket: For access to the docket to read comments received, go to 
https://www.regulations.gov/ and search for ``1024-AE83.''

FOR FURTHER INFORMATION CONTACT: David Hallac, Superintendent, Cape 
Hatteras National Seashore; (252) 473-

[[Page 72011]]

2111; [email protected]. Individuals in the United States who are 
deaf, deafblind, hard of hearing, or have a speech disability may dial 
711 (TTY, TDD, or TeleBraille) to access telecommunications relay 
services. Individuals outside the United States should use the relay 
services offered within their country to make international calls to 
the point-of-contact in the United States. In compliance with the 
Providing Accountability Through Transparency Act of 2023, the plain 
language summary of the proposal is available on Regulations.gov in the 
docket for this rulemaking.

SUPPLEMENTARY INFORMATION:

Background

Purpose and Significance of Cape Hatteras National Seashore

    In 1937, Congress authorized the establishment of Cape Hatteras 
National Seashore. Located in the Outer Banks in Dare County, North 
Carolina, the Seashore consists of more than 30,000 acres distributed 
along approximately 75 miles of ocean-facing shoreline. The purpose of 
the Seashore is to permanently preserve the wild and primitive 
character of the ever-changing barrier islands, protect the diverse 
plant and animal communities sustained by coastal island processes, and 
provide for recreational use and enjoyment that is compatible with 
preserving the distinctive natural and cultural resources of the 
Nation's first national seashore.
    Located within a day's drive of several urban centers, the Seashore 
is a popular vacation destination that receives approximately three 
million visitors each year. Stretching about 75 miles from north to 
south, the Seashore encompasses Bodie, Hatteras, and Ocracoke islands, 
which are linked by North Carolina Highway 12 (NC12) and the Hatteras 
Inlet Ferry. Nine villages, including Nags Head, Rodanthe, Waves, 
Salvo, Avon, Buxton, Frisco, Hatteras, and Ocracoke, are located 
adjacent to or within the Seashore. Popular visitor activities include 
beachcombing, swimming, fishing, hiking, camping, and learning about 
the history and natural features of the unique barrier islands. 
Visitors can access the northern entrance via roadways and the southern 
entrance by ferry or air travel. The Seashore encompasses a mix of land 
uses with villages, residences, commercial uses, tourist attractions, 
and nationally important resources within and adjacent to NPS-managed 
areas.

Bicycle Use in the Seashore

    Bicycle use has occurred in the Seashore for several decades. 
Bicycles are allowed on roads and in parking areas that are open to 
public motor vehicle traffic. Bicycle use is not allowed on any trails 
or pathways within the Seashore. Public roads and parking areas that 
are open to traditional bicycles are open to electric bicycles, which 
are defined in NPS regulations as two- or three-wheeled cycles with 
fully operable pedals and electric motors of not more than 750 watts 
that meet the requirements of one of three classes. See the definition 
of ``electric bicycle'' in 36 CFR 1.4(a).

New Multi-Use Pathway

    Connectivity within and near the Seashore is important for 
realizing one purpose of the Seashore to provide access and 
opportunities for the benefit and enjoyment of visitors. The Seashore's 
1984 General Management Plan (GMP) recognized the need for a 
``bikeway'' within the Seashore and identified the area adjacent to 
Lighthouse Road as an appropriate location that would provide access 
from NC12 and the village of Buxton to popular visitor use areas within 
the Cape Hatteras Lighthouse District. Multiple modes of transportation 
use the Lighthouse Road corridor. These include passenger, 
recreational, and camping vehicles, as well as pedestrians and 
bicyclists, who either share the paved road with motor vehicles or use 
the grassy shoulders along the road. Although the shoulders are wide 
enough to physically accommodate pedestrians and bicyclists for most of 
Lighthouse Road, there is no designated and safe pathway for these 
groups of visitors.
    In May 2022 the NPS initiated a 30-day public scoping process to 
inform the development of plans to construct a multi-use, paved pathway 
adjacent to Lighthouse Road, consistent with the recommendation in the 
GMP. Following the public scoping period, in February 2023 the NPS 
published the EA to analyze the potential environmental consequences of 
no-action and action alternatives. Under the action alternative, which 
is the NPS's preferred alternative, the NPS would construct a 10-12-
foot-wide paved multi-use pathway in two phases. The pathway would be 
physically separated from but adjacent to Lighthouse Road, and then 
extend away from the road to the Trailhead at Cape Hatteras Lighthouse 
in one direction, and to the Trailhead at Buxton Beach Access in the 
other direction. The total length of the pathway would be approximately 
1.6 miles. The project would include wayfinding signage, benches, 
bollards, and the reconfiguration of the Seashore entrance at the start 
of the pathway, including intersection improvements and connections to 
local sidewalks.
    In addition to evaluating the potential consequences of 
constructing the pathway, the EA also evaluated the potential impacts 
of allowing bicycles and electric bicycles on the pathway. The EA 
evaluated the suitability of the trail surface and soil conditions for 
accommodating bicycle use; and 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.
    The NPS accepted public comments on the EA for 30 days. In May 2023 
following a recommendation by the Superintendent of the Seashore, the 
Regional Director for Interior Region 2, South Atlantic--Gulf, signed 
the FONSI identifying the action alternative in the EA as the selected 
alternative. As stated in the FONSI, the NPS believes the action 
alternative will greatly improve the quality of the experience for 
visitors travelling along Lighthouse Road by constructing a safe, 
resilient, and accessible off-road pathway for pedestrians and 
bicyclists. The NPS expects to complete construction of phase one of 
the pathway in the spring of 2024.

Proposed Rule

    This proposed rule would implement part of the selected alternative 
in the FONSI by authorizing the Superintendent of the Seashore to allow 
bicycles on an approximately 1.6-mile multi-use pathway within the 
Hatteras Island District of the Seashore. This rulemaking would comply 
with NPS regulations at 36 CFR 4.30, which state that special 
regulations are required to designate new bicycle trails outside of 
developed areas. The proposed rule would add a new paragraph (d) to 36 
CFR 7.58, which contains existing special regulations for the Seashore. 
After the pathway is constructed, the Superintendent could designate 
the pathway for bicycle use by notifying the public through one or more 
of the methods listed in 36 CFR 1.7. The Superintendent would be 
required to list the pathway as open to bicycle use in the 
Superintendent's compendium, which is a written compilation of 
designations, closures, permit requirements and visitor use 
restrictions that is available on the Seashore's website (https://
www.nps.gov/caha/

[[Page 72012]]

index.htm). Maps showing the pathway as open to bicycle use would be 
available at Seashore visitor centers and on the Seashore's website. 
Finally, the proposed rule would state that 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. This could occur after the Superintendent considers 
public health and safety, resource protection, and other management 
activities and objectives, as stated in 36 CFR 4.30(f). This rulemaking 
would not affect the use of any existing trails or pathways in the 
Seashore, all of which would remain closed to bicycle use.
    NPS regulations at 36 CFR 4.30(i) give superintendents the 
discretionary authority to allow electric bicycles on park roads, 
parking areas, and administrative roads and trails that are otherwise 
open to bicycles. After the pathway is constructed, the Superintendent 
may designate it open to traditional bicycles as explained above. At 
that time, the Superintendent also could designate the pathway as open 
to some or all classes of electric bicycles. If, in the future, the 
Superintendent determines that electric bicycles or certain classes of 
electric bicycles should no longer be allowed on the pathway, or that 
conditions for use should change, the Superintendent could make such 
changes by updating the Superintendent's compendium and providing 
adequate public notice under 36 CFR 1.7.

Compliance With Other Laws, Executive Orders and Department Policy. 
Regulatory Planning and Review (Executive Orders 12866 and 13563 and 
14094)

    Executive Order 12866, as amended by Executive Order 14094, 
provides that the Office of Information and Regulatory Affairs (OIRA) 
in the Office of Management and Budget will review all significant 
rules. OIRA has determined that the proposed rule is not significant.
    Executive Order 14094 amends Executive Order 12866 and reaffirms 
the principles of Executive Order 12866 and Executive Order 13563 and 
states that regulatory analysis should facilitate agency efforts to 
develop regulations that serve the public interest, advance statutory 
objectives, and be consistent with Executive Order 12866, Executive 
Order 13563, and the Presidential Memorandum of January 20, 2021 
(Modernizing Regulatory Review). Regulatory analysis, as practicable 
and appropriate, shall recognize distributive impacts and equity, to 
the extent permitted by law.
    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. Executive Order 13563 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 
proposed rule in a manner consistent with these requirements.

Regulatory Flexibility Act

    This rulemaking would 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 ``Cost-
Benefit and Regulatory Flexibility Threshold Analyses: Proposed Rule to 
Designate a New Multi-Use Trail for Bicycle Use at Cape Hatteras 
National Seashore.'' The report may be viewed on the seashore's 
planning website at the uniform resource locator (URL) listed in 
ADDRESSES.

Congressional Review Act (CRA)

    This rulemaking is not a major rule under 5 U.S.C. 804(2). This 
rulemaking:
    (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 rulemaking does not impose an unfunded mandate on State, 
local, or Tribal governments or the private sector of more than $100 
million per year. The rulemaking 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 rulemaking 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 
rulemaking 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 direct effects on other areas. A federalism summary impact 
statement is not required.

Civil Justice Reform (Executive Order 12988)

    This rulemaking complies with the requirements of Executive Order 
12988. This rulemaking:
    (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 rulemaking 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 proposed rule will have 
no substantial direct effect on federally recognized Indian Tribes. 
Nevertheless, in support of the Department of the Interior's and the 
NPS's commitment to government-to-government consultation, during the 
EA process, the NPS sent early notification letters to Tribal partners 
to invite participation in the planning process. The Tribes are the 
Absentee Shawnee Tribe, the Catawba Indian Nation, the Eastern Shawnee 
Tribe, the Shawnee Tribe, and the United Keetoowah Band of Cherokee 
Indians. The NPS notified

[[Page 72013]]

the Tribes of the project through correspondence dated May 20, 2022, 
and received a response from the Catawba Indian Nation in a letter 
dated July 7, 2022. The Catawba Indian Nation requested to be notified 
if Native American artifacts or human remains are located during the 
ground disturbance phase of the project.

Paperwork Reduction Act

    This rulemaking 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 rulemaking 
will have a significant impact on the quality of the human environment 
under the National Environmental Policy Act of 1969. This rulemaking 
would not constitute a major Federal action significantly affecting the 
quality of the human environment. A detailed statement under the NEPA 
is not required because of the FONSI. The EA contains a full 
description of the purpose and need for taking action, the alternatives 
considered, a map of the affected area, and the environmental impacts 
associated with the project. A copy of the EA and FONSI can be found 
online at the URL listed in ADDRESSES.

Effects on the Energy Supply (Executive Order 13211)

    This rulemaking is not a significant energy action under the 
definition in Executive Order 13211; the rulemaking is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy, and the rulemaking has not otherwise been designated by the 
Administrator of OIRA as a significant energy action. 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 us 
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.

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 D.C. Code 10-137 and D.C. Code 50-2201.07.

0
2. Amend Sec.  7.58 by adding paragraph (d) to read as follows:


Sec.  7.58  Cape Hatteras National Seashore.

* * * * *
    (d) Bicycle Use. (1) The Superintendent may designate all or a 
portion of the following trails as open to bicycle use:
    (i) Multi-use pathway in the Hatteras Island District 
(approximately 1.6 miles).
    (ii) [Reserved]
    (2) Maps showing the pathway as open to bicycle use will be 
available at Seashore visitor centers and posted on the Seashore 
website. The Superintendent will provide notice that the pathway is 
open to bicycle use in accordance with Sec.  1.7 of this chapter, 
including in the superintendent's compendium (or written compilation) 
of discretionary actions referred to in 36 CFR 1.7(b).
    (3) 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. A violation of any such limit, restriction, 
condition, or closure is prohibited.

Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2023-23077 Filed 10-18-23; 8:45 am]
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