Proposed Rule2024-08998
Chattahoochee River National Recreation Area; Bicycling
Primary source
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Published
May 22, 2024
Issuing agencies
Interior DepartmentNational Park Service
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 100 (Wednesday, May 22, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="https://parkplanning.nps.gov/chat">https://parkplanning.nps.gov/chat</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>,
including any personal information provided.
Docket: For access to the docket to view comments received, go to
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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; <a href="/cdn-cgi/l/email-protection#bbd9decfd3e4ccd3deded7dec9fbd5cbc895dcd4cd"><span class="__cf_email__" data-cfemail="e082859488bf978885858c8592a08e9093ce878f96">[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 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 (<a href="https://www.nps.gov/chat">https://www.nps.gov/chat</a>).
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
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