Hot Springs National Park; Bicycling, 21738-21740 [2019-09893]
Download as PDF
21738
Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Proposed Rules
3. Accessing the Government Printing
Office’s web page at https://
www.gpo.gov/fdsys/.
Copies may also be obtained by
sending a request to the Federal
Aviation Administration, Office of
Rulemaking, ARM–1, 800 Independence
Avenue SW, Washington, DC 20591, or
by calling (202) 267–9680. Commenters
must identify the docket or notice
number of this rulemaking.
All documents the FAA considered in
developing this proposed rule,
including economic analyses and
technical reports, may be accessed from
the internet through the Federal
eRulemaking Portal referenced in item
(1) above.
Issued under authority provided by 49
U.S.C. 106(f), 44701(a), and 44703 in
Washington, DC, on May 3, 2019.
Earl Lawrence,
Executive Director, Aircraft Certification
Service.
List of Subjects in 14 CFR Part 25
Hot Springs National Park; Bicycling
PART 25—AIRWORTHINESS
STANDARDS: TRANSPORT
CATEGORY AIRPLANES
1. The authority citation for part 25
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701, 44702 and 44704.
2. Amend § 25.365 by revising
paragraph (g) to read as follows:
■
Pressurized compartment loads.
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*
*
*
*
*
(g)(1) Except as provided in paragraph
(g)(2) of this section, bulkheads, floors,
and partitions in pressurized
compartments for occupants must be
designed to withstand the conditions
specified in paragraph (e) of this
section. In addition, reasonable design
precautions must be taken to minimize
the probability of parts becoming
detached and injuring occupants while
in their seats.
(2) Partitions adjacent to the opening
specified in paragraph (e)(2) of this
section need not be designed to
withstand that condition provided—
(i) Failure of the partition would not
interfere with continued safe flight and
landing; and
(ii) The applicant shows that
designing the partition to withstand the
condition specified in paragraph (e)(2)
of this section would be impractical.
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FOR FURTHER INFORMATION CONTACT:
Tokey Boswell, Chief of Planning and
Compliance, Midwest Regional Office,
601 Riverfront Drive, Omaha, Nebraska
68102. Phone: 402–661–1534, Email:
tokey_boswell@nps.gov.
SUPPLEMENTARY INFORMATION:
National Park Service
Background
36 CFR Part 7
People have long recognized the
unique thermal waters that flow from
the base of Hot Springs Mountain in Hot
Springs, Arkansas. For thousands of
years before it became a favored
vacation destination in the 18th century,
and prior to the arrival of early
European explorers journeying west of
the Mississippi River, Native Americans
from around the region traveled to the
springs and surrounding rocky
mountain slopes, quarrying novaculite
from the hilltops for their tools and
weapons, and drinking and bathing in
the mineral rich waters bubbling from
the ground. The first permanent settlers
to reach the Hot Springs area in 1807
were quick to realize the springs’
potential as a health resort, and a
bustling town grew up around the hot
springs to provide services for health
seekers.
To protect this unique national
resource and preserve it for the use of
the public, Congress set aside the
springs and adjoining mountains as a
federal reservation in 1832, making it
the oldest unit of the National Park
System. Over the next 50 years, the area
transformed from a rough frontier town
to an elegant and thriving spa city. In
1921, Congress designated the
reservation as Hot Springs National Park
(the Park). Today, the 5,500-acre Park
contains vegetation, thermal waters,
cold-water springs, bathhouses and
associated cultural features, nearly 26
miles of hiking and equestrian trails,
and prehistoric and historic novaculite
quarries. The National Park Service
(NPS) preserves and manages the
natural and cultural resources of the
Park for more than 1.5 million annual
visitors. The City of Hot Springs, with
an approximate population of 37,000, is
located next to the Park.
[NPS–HOSP–27423;PPMWMWROW2/
PMP00UP05.YP0000]
RIN 1024–AE50
National Park Service, Interior.
Proposed rule.
The National Park Service
proposes to amend the special
regulations for Hot Springs National
Park to allow bicycle use on a new trail
connection between the Park and
property owned by the City of Hot
Springs, Arkansas. The new 0.65-mile
trail would provide local residents and
visitors with access in and across the
Park to an extensive network of
recreational trails in the City’s
Northwoods Urban Forest Park. The
new natural surface, multi-use trail
connection would be open to both
pedestrian and bicycle use. National
Park Service regulations require
promulgation of a special regulation to
designate new trails for bicycle use off
park roads and outside developed areas.
DATES: Comments on the proposed rule
must be received by 11:59 p.m. EST on
July 15, 2019.
ADDRESSES: You may submit comments,
identified by Regulation Identifier
Number (RIN) 1024–AE50, 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 or hand deliver
to: Superintendent, Hot Springs
National Park, 101 Reserve Street, Hot
Springs, AR 71901.
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–AE50) for this
rulemaking. Comments received may be
posted without change to https://
www.regulations.gov, including any
personal information provided.
SUMMARY:
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend chapter I of title 14,
Code of Federal Regulations as follows:
16:43 May 14, 2019
DEPARTMENT OF THE INTERIOR
ACTION:
The Proposed Amendment
VerDate Sep<11>2014
BILLING CODE 4910–13–P
AGENCY:
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
§ 25.365
[FR Doc. 2019–09823 Filed 5–14–19; 8:45 am]
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
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Pullman Avenue Trail Connection/
Environmental Assessment
The NPS proposes to create a new
0.65-mile natural surface trail within the
Park. This new Pullman Avenue Trail
Connection would extend north from a
trailhead at Pullman Avenue and
connect the Park with ongoing trail
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development on City property at the
Park’s northern boundary. The NPS
would build the trail using sustainable
trail construction techniques and
designate it for both pedestrian and
bicycle use. The trail would follow the
natural contours of the site, winding
around obstacles such as trees, large
rocks, and bushes; and would feature
shallower grades and wider turns to
support user safety, reduce water
pooling and erosion, and reduce the
overall maintenance costs associated
with more complex trail features. This
gently-graded bare soil and bedrock trail
connection would (1) enhance
connectivity within and beyond the
Park for the benefit of visitors and
residents of the City; (2) expand
recreational trail use opportunities; and
(3) enhance visitor experience and
safety while protecting natural and
cultural resources. No equestrian use or
motorized uses would be permitted.
On February 1, 2019, the NPS
published the Pullman Avenue Trail
Connection/Environmental Assessment
(EA). The EA presents two alternatives
for future trail opportunities at the Park,
and identifies one of the alternatives as
the NPS preferred alternative. Under the
preferred alternative, the NPS would
construct the Pullman Avenue Trail
Connection and designate it for
pedestrian and bicycle use. The EA
evaluates (1) the suitability of the
Pullman Avenue Trail Connection for
bicycle use; and (2) 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 on the trail in compliance
with 36 CFR 4.30(e)(2). The EA, which
contains a full description of the
purpose and need for taking action, the
alternatives considered, maps, and the
environmental impacts associated with
the project, may be viewed on the park’s
planning website at https://
parkplanning.nps.gov/hosp by clicking
on the link entitled ‘‘Pullman Avenue
Trail Connection Environmental
Assessment’’ and then clicking on the
link entitled ‘‘Document List.’’
Proposed Rule
This proposed rule would implement
the preferred alternative in the EA and
authorize the Superintendent to
designate bicycle use on the Pullman
Avenue Trail Connection. This proposal
does not include any existing park
trails, which are not and would not be
opened to bicycles by this proposed
rule.
This proposed rule complies with the
requirement in 36 CFR 4.30 that the
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16:43 May 14, 2019
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NPS must promulgate a special
regulation in order to designate a new
bicycle trail that requires construction
activities outside of developed areas.
The proposed rule would add a new
paragraph (c) to 36 CFR 7.18—Special
Regulations, Areas of the National Park
System for Hot Springs National Park.
After the trail is constructed, the rule
would require the Superintendent to
notify the public prior to designating the
trail for bicycle use through one or more
of the methods listed in 36 CFR 1.7, and
identify the designation on maps
available at Park visitor centers and on
the Park website (www.nps.gov/hosp).
Where the proposed trail crosses or
intersects other Park trails closed to
bicycle use, signage would clearly
indicate allowed uses and restrictions at
those intersections. The proposed rule
would also authorize the superintendent
to establish closures, conditions, or
restrictions for bicycle use on the trail
after considering public health and
safety, resource protection, and other
management activities and objectives,
provided public notice is given under
36 CFR 1.7(a). Bicycle use would not be
authorized by the Superintendent until
the NPS completes the planning and
environmental review process,
completes a written determination as
required by 36 CFR 4.30(e)(2),
promulgates a final rule, and completes
trail construction.
Compliance With Other Laws,
Executive Orders and Department
Policy
Regulatory Planning and Review
(Executive Orders 12866 and 13563)
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs in the Office of Management and
Budget will review all significant rules.
The Office of Information and
Regulatory Affairs has determined that
this rule is not significant.
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. The
executive order 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
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21739
an open exchange of ideas. We have
developed this rule in a manner
consistent with these requirements.
Reducing Regulation and Controlling
Regulatory Costs (Executive Order
13771)
Enabling regulations are considered
deregulatory under guidance
implementing E.O. 13771 (M–17–21).
This rule would authorize the
Superintendent to allow a recreational
activity for the public to enjoy and
experience certain areas within the
National Park System that would
otherwise be prohibited.
Regulatory Flexibility Act
This rule will 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
Draft Cost-Benefit and Regulatory
Flexibility Threshold Analyses:
Proposed Special Regulations to
Designate a New Trail Connection for
Bicycle Use at Hot Springs National
Park. The document may be viewed at
https://parkplanning.nps.gov/
PullmanConnection, by clicking on the
link entitled ‘‘Document List.’’
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
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 rule 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.
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Federal Register / Vol. 84, No. 94 / Wednesday, May 15, 2019 / Proposed Rules
unless it displays a currently valid OMB
control number.
Takings (Executive Order 12630)
This rule does not effect a taking of
private property or otherwise have
takings implications under Executive
Order 12630. A takings implication
assessment is not required.
National Environmental Policy Act
Federalism (Executive Order 13132)
Under the criteria in section 1 of
Executive Order 13132, the rule 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 outside
effects on other areas. A Federalism
summary impact statement is not
required.
Civil Justice Reform (Executive Order
12988)
This rule 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.
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Consultation With Indian tribes
(Executive Order 13175 and
Department Policy)
The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
Tribes through a commitment to
consultation with Indian tribes and
recognition of their right to selfgovernance and tribal sovereignty. We
have evaluated this rule 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 Interior
and NPS commitment for governmentto-government consultation, through the
EA process, the NPS initiated
consultation with the four Indian tribes
traditionally associated with the Park.
Paperwork Reduction Act
This rule does not contain
information collection requirements,
and a submission to the Office of
Management and Budget under the
Paperwork Reduction Act is not
required. We may not conduct or
sponsor and you are not required to
respond to a collection of information
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16:43 May 14, 2019
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The NPS has prepared the EA to
determine whether this rule will have a
significant impact on the quality of the
human environment under the National
Environmental Policy Act of 1969. A
copy of the EA can be found online at
https://parkplanning.nps.gov/
PullmanConnection, by clicking on the
link entitled ‘‘Document List.’’
Effects on the Energy Supply (Executive
Order 13211)
This rule is not a significant energy
action under the definition in Executive
Order 13211. A Statement of Energy
Effects in not required.
Clarity of This Rule
We are 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 we publish 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 we have not met these
requirements, send us comments by one
of the methods listed in the ADDRESSES
section. To better help us revise the
rule, your comments should be as
specific as possible. For example, you
should tell us 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.
Drafting Information
The primary author of this regulation
is Megan Apgar, Regulations Program
Specialist, Division of Regulations,
Jurisdiction, and Special Park Uses,
National Park Service.
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.
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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.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
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
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 DC Code
10–137 and DC Code 50–2201.07.
2. Amend § 7.18 by adding paragraph
(c) to read as follows:
■
§ 7.18
Hot Springs National Park.
*
*
*
*
*
(c) Bicycle Use.
(1) The Superintendent may designate
all or a portion of the following trail as
open to bicycle use:
(i) Pullman Avenue Trail Connection
(full length of the trail approximately
0.65 miles);
(ii) [Reserved].
(2) A map showing trails open to
bicycle use will be available at park
visitor centers and posted on the park
website. The Superintendent will
provide notice of all trails designated for
bicycle use in accordance with § 1.7 of
this chapter. 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 § 4.30 of this chapter.
Andrea Travnicek,
Principal Deputy Assistant Secretary for Fish
and Wildlife and Parks, Exercising the
Authority of the Assistant Secretary for Fish
and Wildlife and Parks.
[FR Doc. 2019–09893 Filed 5–14–19; 8:45 am]
BILLING CODE 4312–52–P
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Agencies
[Federal Register Volume 84, Number 94 (Wednesday, May 15, 2019)]
[Proposed Rules]
[Pages 21738-21740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09893]
=======================================================================
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-HOSP-27423;PPMWMWROW2/PMP00UP05.YP0000]
RIN 1024-AE50
Hot Springs National Park; Bicycling
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The National Park Service proposes to amend the special
regulations for Hot Springs National Park to allow bicycle use on a new
trail connection between the Park and property owned by the City of Hot
Springs, Arkansas. The new 0.65-mile trail would provide local
residents and visitors with access in and across the Park to an
extensive network of recreational trails in the City's Northwoods Urban
Forest Park. The new natural surface, multi-use trail connection would
be open to both pedestrian and bicycle use. National Park Service
regulations require promulgation of a special regulation to designate
new trails for bicycle use off park roads and outside developed areas.
DATES: Comments on the proposed rule must be received by 11:59 p.m. EST
on July 15, 2019.
ADDRESSES: You may submit comments, identified by Regulation Identifier
Number (RIN) 1024-AE50, 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 or hand deliver to: Superintendent, Hot
Springs National Park, 101 Reserve Street, Hot Springs, AR 71901.
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-AE50) for this rulemaking. Comments
received may be posted without change to https://www.regulations.gov,
including any personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Tokey Boswell, Chief of Planning and
Compliance, Midwest Regional Office, 601 Riverfront Drive, Omaha,
Nebraska 68102. Phone: 402-661-1534, Email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
People have long recognized the unique thermal waters that flow
from the base of Hot Springs Mountain in Hot Springs, Arkansas. For
thousands of years before it became a favored vacation destination in
the 18th century, and prior to the arrival of early European explorers
journeying west of the Mississippi River, Native Americans from around
the region traveled to the springs and surrounding rocky mountain
slopes, quarrying novaculite from the hilltops for their tools and
weapons, and drinking and bathing in the mineral rich waters bubbling
from the ground. The first permanent settlers to reach the Hot Springs
area in 1807 were quick to realize the springs' potential as a health
resort, and a bustling town grew up around the hot springs to provide
services for health seekers.
To protect this unique national resource and preserve it for the
use of the public, Congress set aside the springs and adjoining
mountains as a federal reservation in 1832, making it the oldest unit
of the National Park System. Over the next 50 years, the area
transformed from a rough frontier town to an elegant and thriving spa
city. In 1921, Congress designated the reservation as Hot Springs
National Park (the Park). Today, the 5,500-acre Park contains
vegetation, thermal waters, cold-water springs, bathhouses and
associated cultural features, nearly 26 miles of hiking and equestrian
trails, and prehistoric and historic novaculite quarries. The National
Park Service (NPS) preserves and manages the natural and cultural
resources of the Park for more than 1.5 million annual visitors. The
City of Hot Springs, with an approximate population of 37,000, is
located next to the Park.
Pullman Avenue Trail Connection/Environmental Assessment
The NPS proposes to create a new 0.65-mile natural surface trail
within the Park. This new Pullman Avenue Trail Connection would extend
north from a trailhead at Pullman Avenue and connect the Park with
ongoing trail
[[Page 21739]]
development on City property at the Park's northern boundary. The NPS
would build the trail using sustainable trail construction techniques
and designate it for both pedestrian and bicycle use. The trail would
follow the natural contours of the site, winding around obstacles such
as trees, large rocks, and bushes; and would feature shallower grades
and wider turns to support user safety, reduce water pooling and
erosion, and reduce the overall maintenance costs associated with more
complex trail features. This gently-graded bare soil and bedrock trail
connection would (1) enhance connectivity within and beyond the Park
for the benefit of visitors and residents of the City; (2) expand
recreational trail use opportunities; and (3) enhance visitor
experience and safety while protecting natural and cultural resources.
No equestrian use or motorized uses would be permitted.
On February 1, 2019, the NPS published the Pullman Avenue Trail
Connection/Environmental Assessment (EA). The EA presents two
alternatives for future trail opportunities at the Park, and identifies
one of the alternatives as the NPS preferred alternative. Under the
preferred alternative, the NPS would construct the Pullman Avenue Trail
Connection and designate it for pedestrian and bicycle use. The EA
evaluates (1) the suitability of the Pullman Avenue Trail Connection
for bicycle use; and (2) 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 on the trail in compliance with 36 CFR
4.30(e)(2). The EA, which contains a full description of the purpose
and need for taking action, the alternatives considered, maps, and the
environmental impacts associated with the project, may be viewed on the
park's planning website at https://parkplanning.nps.gov/hosp by
clicking on the link entitled ``Pullman Avenue Trail Connection
Environmental Assessment'' and then clicking on the link entitled
``Document List.''
Proposed Rule
This proposed rule would implement the preferred alternative in the
EA and authorize the Superintendent to designate bicycle use on the
Pullman Avenue Trail Connection. This proposal does not include any
existing park trails, which are not and would not be opened to bicycles
by this proposed rule.
This proposed rule complies with the requirement in 36 CFR 4.30
that the NPS must promulgate a special regulation in order to designate
a new bicycle trail that requires construction activities outside of
developed areas. The proposed rule would add a new paragraph (c) to 36
CFR 7.18--Special Regulations, Areas of the National Park System for
Hot Springs National Park. After the trail is constructed, the rule
would require the Superintendent to notify the public prior to
designating the trail for bicycle use through one or more of the
methods listed in 36 CFR 1.7, and identify the designation on maps
available at Park visitor centers and on the Park website (www.nps.gov/hosp). Where the proposed trail crosses or intersects other Park trails
closed to bicycle use, signage would clearly indicate allowed uses and
restrictions at those intersections. The proposed rule would also
authorize the superintendent to establish closures, conditions, or
restrictions for bicycle use on the trail after considering public
health and safety, resource protection, and other management activities
and objectives, provided public notice is given under 36 CFR 1.7(a).
Bicycle use would not be authorized by the Superintendent until the NPS
completes the planning and environmental review process, completes a
written determination as required by 36 CFR 4.30(e)(2), promulgates a
final rule, and completes trail construction.
Compliance With Other Laws, Executive Orders and Department Policy
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget will review
all significant rules. The Office of Information and Regulatory Affairs
has determined that this rule is not significant.
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. The executive order 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. We have developed this
rule in a manner consistent with these requirements.
Reducing Regulation and Controlling Regulatory Costs (Executive Order
13771)
Enabling regulations are considered deregulatory under guidance
implementing E.O. 13771 (M-17-21). This rule would authorize the
Superintendent to allow a recreational activity for the public to enjoy
and experience certain areas within the National Park System that would
otherwise be prohibited.
Regulatory Flexibility Act
This rule will 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 Draft
Cost-Benefit and Regulatory Flexibility Threshold Analyses: Proposed
Special Regulations to Designate a New Trail Connection for Bicycle Use
at Hot Springs National Park. The document may be viewed at https://parkplanning.nps.gov/PullmanConnection, by clicking on the link
entitled ``Document List.''
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. 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 rule 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.
[[Page 21740]]
Takings (Executive Order 12630)
This rule 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 rule
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 outside effects on other areas. A Federalism summary impact
statement is not required.
Civil Justice Reform (Executive Order 12988)
This rule 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. We have evaluated this
rule 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 Interior and NPS commitment for
government-to-government consultation, through the EA process, the NPS
initiated consultation with the four Indian tribes traditionally
associated with the Park.
Paperwork Reduction Act
This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget under the Paperwork
Reduction Act is not required. We 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 rule will
have a significant impact on the quality of the human environment under
the National Environmental Policy Act of 1969. A copy of the EA can be
found online at https://parkplanning.nps.gov/PullmanConnection, by
clicking on the link entitled ``Document List.''
Effects on the Energy Supply (Executive Order 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects in not
required.
Clarity of This Rule
We are 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 we publish 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 we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us 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.
Drafting Information
The primary author of this regulation is Megan Apgar, Regulations
Program Specialist, Division of Regulations, Jurisdiction, and Special
Park Uses, National Park Service.
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. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
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 DC Code 10-137 and DC Code 50-2201.07.
0
2. Amend Sec. 7.18 by adding paragraph (c) to read as follows:
Sec. 7.18 Hot Springs National Park.
* * * * *
(c) Bicycle Use.
(1) The Superintendent may designate all or a portion of the
following trail as open to bicycle use:
(i) Pullman Avenue Trail Connection (full length of the trail
approximately 0.65 miles);
(ii) [Reserved].
(2) A map showing trails open to bicycle use will be available at
park visitor centers and posted on the park website. The Superintendent
will provide notice of all trails designated for bicycle use in
accordance with Sec. [thinsp]1.7 of this chapter. 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. [thinsp]4.30 of this chapter.
Andrea Travnicek,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks,
Exercising the Authority of the Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 2019-09893 Filed 5-14-19; 8:45 am]
BILLING CODE 4312-52-P