Rule2024-12204
Cape Hatteras National Seashore; Bicycling
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 4, 2024
Effective
July 5, 2024
Issuing agencies
Interior DepartmentNational Park Service
Abstract
The National Park Service amends the special regulations for Cape Hatteras National Seashore to allow for bicycle use on an approximately 1.6-mile multi-use pathway in the Hatteras Island District of the Seashore.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 108 (Tuesday, June 4, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 108 (Tuesday, June 4, 2024)]
[Rules and Regulations]
[Pages 47866-47869]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12204]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-CAHA-NPS37329; Docket No. NPS-2023-0003; 233P103601-PPSECAHAS0-
PPMPSPD1Z.YM0000]
RIN 1024-AE83
Cape Hatteras National Seashore; Bicycling
AGENCY: National Park Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Park Service amends the special regulations for
Cape Hatteras National Seashore to allow for bicycle use on an
approximately 1.6-mile multi-use pathway in the Hatteras Island
District of the Seashore.
DATES: This rule is effective July 5, 2024.
ADDRESSES:
Docket: The comments received on the proposed rule and an economic
analysis are available on <a href="http://www.regulations.gov">www.regulations.gov</a> in Docket No. NPS-2023-
0003.
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 rulemaking and are available online at
<a href="https://parkplanning.nps.gov/caha">https://parkplanning.nps.gov/caha</a> by clicking the link entitled
``Construct Multi-Use Pathway in Hatteras Island District'' and then
clicking the link entitled ``Document List.''
FOR FURTHER INFORMATION CONTACT: David Hallac, Superintendent, Cape
Hatteras National Seashore; (252) 473-2111; <a href="/cdn-cgi/l/email-protection#c0a4a1b6a9a49fa8a1acaca1a380aeb0b3eea7afb6"><span class="__cf_email__" data-cfemail="b3d7d2c5dad7ecdbd2dfdfd2d0f3ddc3c09dd4dcc5">[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.
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
[[Page 47867]]
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.
Summary of Public Comments
The NPS published a proposed rule in the Federal Register on
October 19, 2023 (88 FR 72010). The NPS accepted public comments on the
proposed rule for 60 days via the mail, hand delivery, and the Federal
eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Comments were
accepted through December 18, 2023. The NPS received one comment on the
proposed rule. The comment supported bicycle use on the new pathway.
After considering the public comment and after additional review, the
NPS did not make any changes in the final rule.
Final Rule
This rule implements 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 complies 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 rule adds
a new paragraph (d) to 36 CFR 7.58, which contains existing special
regulations for the Seashore. After the pathway is constructed, the
Superintendent can 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 will 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 (<a href="https://www.nps.gov/caha">https://www.nps.gov/caha</a>). Maps showing the pathway as open to bicycle use will
be available at Seashore visitor centers and on the Seashore's website.
Finally, the rule states 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
can 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 will not affect the use of
any existing trails or pathways in the Seashore, all of which will
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 can 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 can 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 final 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
final 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: Special
Regulations to Designate a New Multi-Use Pathway for Bicycle Use at
Cape Hatteras National Seashore.'' The report may be viewed on the
seashore's planning website at the uniform
[[Page 47868]]
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
rulemaking 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 rulemaking 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 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.
List of Subjects in 36 CFR Part 7
National parks, Reporting and Recordkeeping requirements.
In consideration of the foregoing, the National Park Service amends
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
[[Page 47869]]
such limit, restriction, condition, or closure is prohibited.
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2024-12204 Filed 6-3-24; 8:45 am]
BILLING CODE 4312-52-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 4, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.