[Federal Register Volume 89, Number 100 (Wednesday, May 22, 2024)]
[Proposed Rules]
[Pages 44947-44951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08998]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-CHAT-DTS#37160; PPSEGUIS00 PPMPSAS1Z.Y00000]
RIN 1024-AE80


Chattahoochee River National Recreation Area; 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 Chattahoochee River National Recreation Area to allow 
for bicycle use on approximately 20.6 miles of trails.

DATES: Comments on the proposed rule must be received by 11:59 p.m. EDT 
on July 22, 2024.

ADDRESSES: You may submit comments, identified by Regulation Identifier 
Number (RIN) 1024-AE80, 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, Chattahoochee River 
National Recreation Area, 1978 Island Ford Parkway, Sandy Springs, 
Georgia 30350.
    Document Availability: The Chattahoochee River National Recreation 
Area Comprehensive Trails Management Plan/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/chat by clicking 
the link entitled ``Comprehensive Trails Management Plan'' 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-AE80) 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 view comments received, go to 
https://www.regulations.gov and search for ``1024-AE80.''

FOR FURTHER INFORMATION CONTACT: Beth Wheeler, Chief of Planning, 
Resources and Education, Chattahoochee River National Recreation Area; 
(678) 538-1321; [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 Management Authority for the Recreation Area

    The Chattahoochee River is one of the oldest and most stable river 
channels in North America. It begins as a tiny stream in northern 
Georgia, passes through the suburbs north of Atlanta, and flows 430 
miles to its confluence with the Flint River at the Florida border. In 
1978, the United States Congress established Chattahoochee River 
National Recreation Area by finding that the values of a 48-mile 
segment of the river and its adjoining lands in the State of Georgia, 
from Buford Dam downstream to Peachtree Creek, are of special national 
significance and ``should be preserved and protected from developments 
and uses which would substantially impair or destroy them.'' 16 U.S.C. 
460ii. Congress stated that the Recreational Area shall consist of 
``the river and its bed together with the lands, waters, and interests 
therein.'' 16 U.S.C. 460ii.
    In 1984, Congress amended the Recreation Area's enabling 
legislation by stating that the corridor located within 2,000 feet of 
each bank along the 48-mile river segment was ``an area of national 
concern.'' This amendment increased the size of the Recreation Area 
from 6,300 acres to 6,800 acres. A subsequent amendment, passed in 
1999, expanded the authorized boundary of the Recreation Area to 
include an additional 3,200 acres and provided funding to support the 
acquisition of land-based linear corridors to link existing units of 
the Recreation Area and protect other open spaces of the Chattahoochee 
River corridor.
    The National Park Service (NPS) manages the Recreational Area as a 
unit of the National Park System. In addition to the enabling 
legislation described above, the NPS manages the Recreation

[[Page 44948]]

Area pursuant to the NPS Organic Act of 1916, which gives the NPS broad 
authority to regulate the use of the lands and waters within System 
units. See 54 U.S.C. 100101; 100751(a).

Bicycle Use in the Recreation Area

    The Recreation Area is located within the Atlanta metropolitan area 
and is a valuable outdoor recreation resource for local residents as 
well as visitors from the rest of the United States and around the 
world. The Recreation Area's 48-mile stretch of river and 15 land units 
provide an ecological oasis within a densely populated region and 
contain more than 950 species of plants and a diverse assemblage of 
wildlife. Its green space and extensive trail network offer abundant 
opportunities for visitors to explore the riverbanks, historic sites, 
rolling forests, grassy meadows, and rocky bluffs. The usually clear, 
cold, and slow-moving river supports a variety of water-based 
recreational activities such as floating, paddling, rafting, boating, 
wading, and fishing.
    Bicycling is a popular form of recreation in and around the 
Recreation Area. Bicycles are allowed on roads and in parking areas 
that are open to public motor vehicle traffic; on an administrative 
road in the Cochran Shoals unit, the Fitness Loop, which also serves as 
a part of the trail system; and on a subset of trails. The total trail 
system is extensive, containing approximately 67 miles of designated 
trails in 12 of the 15 land units in the Recreation Area. Bicycle use 
occurs on approximately 11.6 miles of multi-use trails in the Vickery 
Creek, Gold Branch, Cochran Shoals, and Palisades units. Bicycle routes 
are designated in special regulations for the Recreation Area at 36 CFR 
7.90 and in the Superintendent's compendium, which is a written 
compilation of designations, closures, permit requirements and visitor 
use restrictions imposed under the discretionary authority of the 
Superintendent, as required by 36 CFR 1.7(b). The Superintendent's 
compendium is available on the Recreation Area's website (https://www.nps.gov/chat).
    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 (36 CFR 1.4), are allowed in the Recreation Area where 
traditional bicycles are allowed.

Comprehensive Trails Management Plan and Environmental Assessment

    In March 2021, the NPS published and sought public input on a 
Preliminary Trails Management Plan to help inform the development of 
the EA and guide the development of a more cohesive trail system within 
the Recreation Area. Following the public scoping period, in April 
2022, the NPS published the EA which analyzes the potential 
environmental impacts of no-action and action alternatives. Under the 
action alternative, which is the NPS's preferred alternative, the total 
mileage of designated trails available for public use in the Recreation 
Area would increase substantially, and the NPS would improve the 
quality and sustainability of the trails to better serve visitors and 
achieve greater resource stewardship. The NPS would add approximately 
32 miles of trails to the trail system, resulting in a 48% net increase 
in trail mileage, for a total of 99.3 miles. The NPS would allow 
bicycle use on 20.6 total miles of trail, an increase of approximately 
9 miles. The NPS would continue to allow bicycle use on existing trails 
in four units of the Recreation Area. With the support of NPS partners, 
the NPS would construct a new, natural surface multi-use trail that 
would expand bicycle use in the Cochran Shoals unit, and construct new, 
hardened surface multi-use trails in the Settles Bridge, McGinnis 
Ferry, Suwanee Creek, Abbotts Bridge, and Jones Bridge units.
    New multi-use trails would be designed and situated so that in the 
future they could connect to a proposed 100-mile regional Chattahoochee 
Riverlands greenway project. Many of the new trails would be 
constructed on previously disturbed corridors, such as utility 
corridors or remnant roadbeds, to minimize new disturbance and protect 
historic resources. Trail width would vary by location but would not 
exceed 10 feet. Trails would be constructed using permeable materials 
to protect water quality and prevent erosion. In wet locations, special 
structures, such as boardwalks, would be built to limit trail widening 
from visitors routing around puddles and mud, which tramples trailside 
vegetation.
    In addition to evaluating the potential impacts of trail 
construction and modification activities, the EA also evaluated the 
potential impacts of allowing bicycles on the new trails. The EA and 
associated written determination evaluate the suitability of each 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 EA 
contains a full description of the purpose and need for taking action, 
the alternatives considered, maps of the affected areas, and the 
environmental impacts associated with the project. The EA evaluates 
site-specific 60-foot-wide trail corridors. The NPS will determine 
final trail alignments within those corridors in consultation with NPS 
natural and cultural resources specialists, which could result in minor 
adjustments to the trail locations shown on the maps in the EA. If the 
NPS needs to align a trail outside of an identified corridor, it would 
conduct additional environmental review of the alignment to avoid or 
minimize impacts to sensitive resources and would document the change 
as an amendment to the EA.
    The NPS accepted public comments on the EA for 30 days. In January 
2023 following a recommendation by the Superintendent of the Recreation 
Area, the Regional Director for Interior Region 2, South Atlantic--
Gulf, signed the FONSI that identified the preferred alternative in the 
EA as the selected alternative. As stated in the FONSI, the NPS 
believes the selected alternative will improve the sustainability of 
the trail system, better protect the resources of the Recreation Area, 
and improve the visitor experience by facilitating circulation and less 
visitor conflicts through an expanded trail network. Implementation of 
the selected alternative will provide new opportunities for visitors to 
enjoy and be inspired by the Recreation Area.

Proposed Rule

    The proposed rule would amend paragraph (a) in 36 CFR 7.90, which 
contains the special regulations for the Recreation Area. The rule 
would authorize the Superintendent to designate approximately 20.6 
miles of trails for bicycle use in nine units of the Recreation Area. 
The NPS also proposes to change the paragraph structure and replace a 
specific web address as the location of maps showing bicycle routes 
with a general statement that maps will be available at visitor centers 
and on the Recreation Area's website. The regulatory text includes 
formal trail names if they exist to make wayfinding easier. Lastly, the 
proposed rule would remove an unnecessary provision in the current 
paragraph (a)(4)(ii) that provides the Superintendent with a specific, 
discretionary authority to close the trails in the Johnson Ferry South 
and Cochran

[[Page 44949]]

Shoals units to mitigate soil erosion and water quality impacts from 
bicycle use after a rain event. Providing this specific authority is 
unnecessary because the proposed rule, similar to the existing 
regulations, would authorize the Superintendent to limit, restrict, or 
impose conditions on bicycle use, or close any trail to bicycle use, or 
terminate such conditions, closures, limits, or restrictions after 
taking into consideration public health and safety, resource 
protection, and other management activities and objectives, as stated 
in 36 CFR 4.30(f). Further, as a practical matter, the redevelopment of 
the trail system would restore poorly designed trails to natural 
conditions in the Cochran Shoals unit and would position new trails on 
the landscape in that unit to improve physical sustainability, manage 
water, and limit erosion. There is no existing or planned bicycle use 
in the Johnson Ferry South unit.
    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 open to 
traditional bicycles. Currently, the Superintendent allows electric 
bicycles on all existing bicycle trails. When new trails are 
constructed under the selected alternative, the Superintendent also 
could designate those trails 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 any road, parking area, or trail, 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 NPS Bicycle Regulations

    The EA constitutes the planning document and evaluates the criteria 
required by the NPS's general bicycle regulations at 36 CFR 4.30. The 
no action alternative evaluates the impacts of continued bicycle use on 
existing trails; and the action alternative evaluates the impacts of 
bicycle use on the new trails that will be constructed. This proposed 
rule would authorize the Superintendent to allow bicycles on all trails 
where bicycles would be allowed under the selected alternative. This 
includes existing trails that do not require construction or 
significant modification and new trails that will be constructed. 
Although NPS regulations do not require special regulations to allow 
bicycles on existing trails that do not require any construction or 
significant modification, identifying all of the trails in the special 
regulations would make it easier for visitors to understand where 
bicycles are allowed. The other approach would result in some trails 
designated in the special regulations and others in the 
Superintendent's compendium.
    The Superintendent of the Recreation Area has signed a written 
determination that bicycle use on all of the trails that would be 
designated in this rule is consistent with the protection of the 
Recreation Area's natural, scenic, and aesthetic values; safety 
considerations; management objectives; and will not disturb wildlife or 
Recreation Area resources, as required by 36 CFR 4.30. This written 
determination is available on the Recreation Area's planning website at 
the URL listed in the ADDRESSES section. The NPS is not publishing the 
written determination separately in the Federal Register but welcomes 
comments on the written determination during the public comment period 
for this proposed rule.

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 Special 
Regulations to Designate New Trails for Bicycle Use at Chattahoochee 
River National Recreation Area.'' The report may be viewed on the 
Recreation Area's planning website at the URL listed under the 
ADDRESSES section.

Congressional Review Act (CRA)

    This rulemaking is not a major rule under 5 U.S.C. 804(2). 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 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 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 rulemaking does not effect a taking of private property or 
otherwise have takings implications under

[[Page 44950]]

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 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 rulemaking 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 the Interior and NPS 
commitment for government-to-government consultation, during the EA 
process, the NPS sent notification letters to Tribal partners to invite 
participation in the planning process. The Tribes are the Absentee 
Shawnee Tribe, Alabama-Coushatta Tribe of Texas, Alabama-Quassarte 
Tribal Town, Cherokee Nation, Coushatta Tribe of Louisiana, Eastern 
band of Cherokee Indians, Kialegee Tribal Town, Muskogee (Creek) 
Nation, Poarch Band of Creek Indians, Seminole Nation of Oklahoma, 
Seminole Tribe of Florida, Shawnee Tribe, Thlopthlocco Tribal Town, and 
United Keetoowah Band of Cherokee Indians of Oklahoma. Additionally, 
the park has executed a programmatic agreement in coordination with 
consulting parties, including the State historic preservation office 
and affiliated Tribes, which describes historic identification actions 
as well as minimization and avoidance practices should it be determined 
that a proposed implementation action may impact a historic property. 
Additional information about Tribal coordination and the programmatic 
agreement is published in the FONSI.

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. 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 rule is not likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy, and the rule 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.  7.90 by revising paragraph (a) to read as follows:


Sec.  7.90   Chattahoochee River National Recreation Area.

    (a) Bicycle Use. (1) The Superintendent may designate all or a 
portion of the following trails as open to bicycle use:
    (i) The multi-use trail in the Abbotts Bridge unit (approximately 2 
miles).
    (ii) The Fitness Loop in the Cochran Shoals unit (approximately 2.7 
miles).
    (iii) The multi-use trails in the Sope Creek Area of the Cochran 
Shoals unit (approximately 9.1 miles).
    (iv) The Lower Roswell Trail in the Gold Branch unit (approximately 
0.5 miles).
    (v) The multi-use trail in the Jones Bridge unit (approximately 1.4 
miles).

[[Page 44951]]

    (vi) The multi-use trail in the McGinnis Ferry unit (approximately 
1.4 miles).
    (vii) The Rottenwood Creek Trail in the Palisades unit 
(approximately 1.6 miles).
    (viii) The multi-use trail in the Settles Bridge unit 
(approximately 1.6 miles).
    (ix) The multi-use trail in the Suwanee Creek unit (approximately 
0.2 miles).
    (x) The Roswell Riverwalk Trail in the Vickery Creek unit 
(approximately 0.1 miles).
    (2) A map showing trails open to bicycle use will be available at 
Recreation Area visitor centers and posted on the Recreation Area 
website. The Superintendent will provide notice of all trails 
designated for bicycle use in accordance with Sec.  1.7 of this 
chapter.
    (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 condition, closure, 
limit, or restriction is prohibited.
* * * * *

Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2024-08998 Filed 5-21-24; 8:45 am]
BILLING CODE 4312-52-P