Proposed Rule2023-23077
Cape Hatteras National Seashore; Bicycling
Primary source
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Published
October 19, 2023
Issuing agencies
Interior DepartmentNational Park Service
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 201 (Thursday, October 19, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. 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 <a href="https://parkplanning.nps.gov/parkHome.cfm?parkID=358">https://parkplanning.nps.gov/parkHome.cfm?parkID=358</a> 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 <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>,
including any personal information provided.
Docket: For access to the docket to read comments received, go to
<a href="https://www.regulations.gov/">https://www.regulations.gov/</a> and search for ``1024-AE83.''
FOR FURTHER INFORMATION CONTACT: David Hallac, Superintendent, Cape
Hatteras National Seashore; (252) 473-
[[Page 72011]]
2111; <a href="/cdn-cgi/l/email-protection#7c181d0a151823141d10101d1f3c120c0f521b130a"><span class="__cf_email__" data-cfemail="c5a1a4b3aca19aada4a9a9a4a685abb5b6eba2aab3">[email protected]</span></a>. 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 <a href="http://Regulations.gov">Regulations.gov</a> 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]
BILLING CODE 4312-52-P
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