Hot Springs National Park; Bicycling, 64423-64426 [2019-25338]
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Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Rules and Regulations
Section 200.89 also issued under 20 U.S.C.
6391–6399, 6571, 18 U.S.C. 1001.
Section 200.90 also issued under 20 U.S.C.
6432, 6454, 6472.
Section 200.100 also issued under 20
U.S.C. 6303, 6303b, 6304.
Section 200.103 also issued under 20
U.S.C. 6315(c)(1)(A)(ii), 6571(a), 8101(4).
2. Section 200.89 is amended by:
a. Revising paragraphs (b)(2)
introductory text and (b)(2)(i) and (ii).
■ b. Removing the parenthetical
authority citation at the end of the
section.
The revisions read as follows:
■
■
§ 200.89 Re-interviewing; eligibility
documentation; and quality control.
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(b) * * *
(2) Prospective re-interviewing. As
part of the system of quality controls
identified in paragraph (d) of this
section, an SEA that receives MEP funds
must annually validate child eligibility
determinations from the current
performance reporting period
(September 1 to August 31) through reinterviews for a randomly selected
sample of children identified as
migratory during the same performance
reporting period. In conducting these reinterviews, an SEA must—
(i) Except as specified in paragraphs
(b)(2)(i)(A) and (B) of this section, use
one or more re-interviewers who may be
SEA or local operating agency staff
members working to administer or
operate the State MEP, or any other
person trained to conduct personal
interviews and to understand and apply
program eligibility requirements, but
who did not work on the initial
eligibility determinations being tested;
(A) At least once every three years
until September 1, 2020, SEAs must use
one or more independent reinterviewers (i.e., interviewers who are
neither SEA nor local operating agency
staff members working to administer or
operate the State MEP nor any other
persons who worked on the initial
eligibility determinations being tested
and who are trained to conduct personal
interviews and to understand and apply
program eligibility requirements).
(B) Beginning September 1, 2020, an
SEA must use one or more independent
re-interviewers to validate child
eligibility determinations made during
one of the first three full performance
reporting periods (September 1 through
August 31) following the effective date
of a major statutory or regulatory change
that directly impacts child eligibility (as
determined by the Secretary). Therefore,
the entire sample of eligibility
determinations to be tested by
independent re-interviewers must be
drawn from children determined to be
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eligible in a single performance period,
based on eligibility requirements that
include the major statutory or regulatory
change.
(ii) Select a random sample of
identified migratory children so that a
sufficient number of eligibility
determinations in the current
performance reporting period are tested
on a statewide basis or within categories
associated with identified risk factors
(e.g., experience of recruiters, size or
growth in local migratory child
population, effectiveness of local quality
control procedures) in order to help
identify possible problems with the
State’s child eligibility determinations;
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[FR Doc. 2019–25424 Filed 11–21–19; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS–HOSP–28641; PPMWMWROW2/
PMP00UP05.YP0000]
RIN 1024–AE50
Hot Springs National Park; Bicycling
National Park Service, Interior.
Final rule.
AGENCY:
ACTION:
The National Park Service
amends 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 0.65mile trail will 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 will 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: This rule is effective on
December 23, 2019.
FOR FURTHER INFORMATION CONTACT:
Tokey Boswell, Chief of Planning and
Compliance, Serving DOI Unified
Regions 3, 4, and 5, 601 Riverfront
Drive, Omaha, Nebraska 68102. Phone:
402 661–1534, Email: tokey_boswell@
nps.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
People have long recognized the
unique thermal waters that flow from
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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 will create a new 0.65-mile
natural surface trail within the Park.
This new Pullman Avenue Trail
Connection will extend north from a
trailhead at Pullman Avenue and
connect the Park with ongoing trail
development on City property at the
Park’s northern boundary. The NPS will
build the trail using sustainable trail
construction techniques and designate it
for both pedestrian and bicycle use. The
trail will follow the natural contours of
the site, winding around obstacles such
as trees, large rocks, and bushes; and
will 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 will (1) better connect the
Park with the adjacent City and county
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Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Rules and Regulations
trail networks for the benefit of visitors
and residents of the City; (2) expand
recreational trail use opportunities for
hikers and bikers; and (3) enhance
visitor experience and safety while
protecting natural and cultural
resources. The NPS will implement
measures to promote safe use of the
trail, such as signage and trail
maintenance. This trail will serve as a
formalized entry point into the Park for
hikers and bicyclists where currently
there is none. This will increase access
to the Park, which helps the NPS meet
its mandate to manage the hot springs
for public health, wellness, and
enjoyment.
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 will
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 contains
a full description of the purpose and
need for taking action, the alternatives
considered, maps, and the
environmental impacts associated with
the project. After a public review
period, the Acting Regional Director,
Interior Regions 3, 4, and 5 (formerly the
Midwest Region) signed a Finding of No
Significant Impact (FONSI) on July 28,
2019 that identified the preferred
alternative (Alternative B) in the EA as
the selected alternative. Concurrently,
the Acting Regional Director signed a
Written Determination to assure that
bicycle use on the new trail is consistent
with the protection of the Park’s natural,
scenic, and aesthetic values, safety
considerations and management
objectives, and that it will not disturb
wildlife or park resources. The EA,
FONSI, and Written Determination may
be viewed online at https://
parkplanning.nps.gov/Pullman
Connection, by clicking on ‘‘Document
List.’’
Final Rule
This rule implements the selected
alternative in the FONSI and authorizes
the Superintendent to designate bicycle
use on the Pullman Avenue Trail
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Connection. This rule does not include
any existing park trails, which are not
and will not be opened to bicycles by
this rule.
This 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 rule adds 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 requires 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 trail
crosses or intersects other Park trails
closed to bicycle use, signage will
clearly indicate allowed uses and
restrictions at those intersections. The
rule also authorizes 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). E-bikes will be allowed
on the new trail in accordance with NPS
Policy Memorandum 19–01—Electric
Bicycles.
Summary of Public Comments
The NPS published a proposed rule in
the Federal Register on May 15, 2019
(84 FR 21738). The NPS accepted public
comments on the proposed rule for 60
days via the mail, hard delivery, and the
Federal eRulemaking Portal at https://
www.regulations.gov. Comments were
accepted through July 15, 2019. A total
of 15 comments were submitted and
reviewed. A majority of commenters
supported the proposed rule. A
summary of the pertinent issues raised
in the comments and NPS responses are
provided below.
1. Comment: Some commenters raised
general concerns about impacts to
natural resources from mountain biking,
including soil erosion, habitat
degradation, and wildlife disturbance.
One commenter suggested that the NPS
construct the trail surface to support
bicycles without leaving ruts or
damaging natural resources.
NPS Response: The NPS is aware of
the potential for erosion and other
disturbances to natural conditions that
could be caused by constructing the
new trail and allowing hiking and
biking on the trail. The EA and FONSI
determined that these impacts would
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not be significant, and could be
mitigated by using appropriate
construction techniques. The NPS will
work with experts in trail design to
minimize impacts to natural resources.
2. Comment: Several commenters
raised general concerns about impacts to
other visitors from mountain biking,
including impacts to hikers and
equestrians who seek a non-motorized
and quiet experience in national parks.
One commenter objected to the building
of the trail because although it improves
access for one recreational activity, it
does not maximize the visitor
experience for the broader visiting
public.
NPS Response: The NPS
acknowledges the potential for conflict
among trail user types. The EA and
FONSI determined that visitor conflicts
would not be significant. The new trail
will not change the use patterns or
opportunities for recreation on existing
trails. The new trail and new uses
allowed on it expand options for
recreation within the Park.
3. Comment: Some commenters raised
concerns about visitor safety on the
trail. One commenter requested the NPS
establish right-of-way rules to protect
pedestrians from bicycles. Another
commenter requested the NPS enforce a
bicycle speed limit of five miles per
hour.
NPS Response: The NPS
acknowledges the potential for conflicts
among visitors on the trail. Similar
conflicts currently exist within the Park
where equestrians and hikers share
trails. The EA and FONSI determined
that the potential impact to visitor safety
was not significant, and could be
minimized through signage and
education. The NPS will mark trails
with signs identifying rules about
yielding to other user groups. The
natural surface of the trail would make
it difficult to establish lanes for different
types of uses. Existing trails within the
Park do not have speed limits and the
terrain of the new trail will naturally
limit speeds. The NPS will monitor use
on the trail and the Superintendent may
implement measures, including speed
limits, that may become necessary to
promote safe use of the trail by all user
groups.
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
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Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Rules and Regulations
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 authorizes the Superintendent
to designate a trail for bicycle use at the
Park, which will create an opportunity
for recreation and access 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/Pullman
Connection, by clicking on the link
entitled ‘‘Document List.’’
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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.
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(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.
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 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-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
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64425
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
unless it displays a currently valid OMB
control number.
National Environmental Policy Act of
1969 (NEPA)
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 NEPA.
This rule does 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 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.
Drafting Information
The primary authors of this regulation
are Julia Larkin and Jay Calhoun,
National Park Service, Division of
Regulations, Jurisdiction, and Special
Park Uses.
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
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.
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Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Rules and Regulations
2. Amend § 7.18 by adding paragraph
(c) to read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 7.18
40 CFR Part 52
■
Hot Springs National Park.
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(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.
Rob Wallace,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2019–25338 Filed 11–21–19; 8:45 am]
BILLING CODE 4312–EJ–P
Local agency
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We proposed to approve the
rescission of these rules because we
determined that the SIP revisions, i.e.,
rule rescissions, comply with the
relevant CAA requirements, including
CAA sections 110(l) and 193. Our
proposed action contains more
information on the rules and our
evaluation.
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II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received one anonymous
comment.
Comment: The EPA should not
approve this submission until Maricopa
County and Arizona move to strike the
aforementioned regulations from each
applicable approved plan. These plans
were approved with these regulations
incorporated in them and now must be
15:48 Nov 21, 2019
Air Plan Approval; Arizona; Maricopa
County Air Quality Department
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the Maricopa
County Air Quality Department
(MCAQD) portion of the Arizona State
Implementation Plan (SIP). These
revisions concern emissions of volatile
organic compounds (VOCs) and
particulate matter (PM) from brick and
structural clay products manufacturing,
rubber sports ball manufacturing, and
vegetable oil extraction processes. We
are approving the rescission of local
rules that regulate these emission
sources under the Clean Air Act (CAA
or the Act).
DATES: These rule rescissions will be
effective on December 23, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2019–0497. All
documents in the docket are listed on
the https://www.regulations.gov
SUMMARY:
Rule No.
MCAQD ...................................
MCAQD ...................................
MCAQD ...................................
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[EPA–R09–OAR–2019–0497; FRL–10002–
13–Region 9]
Jkt 250001
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Robert Schwartz, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3286 or by
email at schwartz.robert@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On September 9, 2019 (84 FR 47211),
the EPA proposed to approve the
rescission of the following rules from
the Arizona SIP.
Adopted
revised
Rule title
Brick and Structural Clay Products (BSCP) Manufacturing ...
Rubber Sports Ball Manufacturing .........................................
Vegetable Oil Extraction Processes .......................................
updated to account for the fact that
these regulations no longer exist. The
EPA should require Maricopa County
and Arizona to submit new plans to
replace the old approved plans so the
EPA can ensure the county and state’s
plans still meet the necessary
requirements just as the old plans did
previously. The EPA must require that
the plans be updated to the most recent
regulations.
The EPA’s Response: The SIP revision
that is the subject of our September 9,
2019 proposed rule rescinds three
MCAQD rules from the Arizona SIP. As
noted in our September 9, 2019
proposed rule, MCAQD rescinded these
three rules from the local rulebook on
December 13, 2017, and ADEQ adopted
the rule rescissions as a revision to the
Maricopa County portion of the Arizona
SIP on December 18, 2017. 84 FR 47211/
column 3. The three rules are being
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08/10/2005
06/19/1996
11/16/1992
Rescission
submitted
12/18/2017
12/18/2017
12/18/2017
rescinded, and not replaced, because the
rules no longer apply to any sources.
The sources for which the rules were
originally developed and adopted have
closed, and no new sources of the types
covered by the rules are expected to
establish operations in Maricopa
County. As such, we find that no
replacement of the rules is necessary to
avoid interference with attainment or
maintenance of any of the national
ambient air quality standards in
Maricopa County or any other
requirement of the CAA.
III. EPA Action
No comments were submitted that
change our assessment of the rules as
described in our proposed action.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully
approving these rule rescissions from
the Arizona SIP.
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]]>Agencies
[Federal Register Volume 84, Number 226 (Friday, November 22, 2019)]
[Rules and Regulations]
[Pages 64423-64426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25338]
=======================================================================
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-HOSP-28641; PPMWMWROW2/PMP00UP05.YP0000]
RIN 1024-AE50
Hot Springs National Park; Bicycling
AGENCY: National Park Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Park Service amends 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 will 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 will 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: This rule is effective on December 23, 2019.
FOR FURTHER INFORMATION CONTACT: Tokey Boswell, Chief of Planning and
Compliance, Serving DOI Unified Regions 3, 4, and 5, 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 will create a new 0.65-mile natural surface trail within
the Park. This new Pullman Avenue Trail Connection will extend north
from a trailhead at Pullman Avenue and connect the Park with ongoing
trail development on City property at the Park's northern boundary. The
NPS will build the trail using sustainable trail construction
techniques and designate it for both pedestrian and bicycle use. The
trail will follow the natural contours of the site, winding around
obstacles such as trees, large rocks, and bushes; and will 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 will (1) better connect the Park with
the adjacent City and county
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trail networks for the benefit of visitors and residents of the City;
(2) expand recreational trail use opportunities for hikers and bikers;
and (3) enhance visitor experience and safety while protecting natural
and cultural resources. The NPS will implement measures to promote safe
use of the trail, such as signage and trail maintenance. This trail
will serve as a formalized entry point into the Park for hikers and
bicyclists where currently there is none. This will increase access to
the Park, which helps the NPS meet its mandate to manage the hot
springs for public health, wellness, and enjoyment.
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 will 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 contains a full description of the purpose and need
for taking action, the alternatives considered, maps, and the
environmental impacts associated with the project. After a public
review period, the Acting Regional Director, Interior Regions 3, 4, and
5 (formerly the Midwest Region) signed a Finding of No Significant
Impact (FONSI) on July 28, 2019 that identified the preferred
alternative (Alternative B) in the EA as the selected alternative.
Concurrently, the Acting Regional Director signed a Written
Determination to assure that bicycle use on the new trail is consistent
with the protection of the Park's natural, scenic, and aesthetic
values, safety considerations and management objectives, and that it
will not disturb wildlife or park resources. The EA, FONSI, and Written
Determination may be viewed online at https://parkplanning.nps.gov/PullmanConnection, by clicking on ``Document List.''
Final Rule
This rule implements the selected alternative in the FONSI and
authorizes the Superintendent to designate bicycle use on the Pullman
Avenue Trail Connection. This rule does not include any existing park
trails, which are not and will not be opened to bicycles by this rule.
This 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 rule adds 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 requires 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 trail crosses or
intersects other Park trails closed to bicycle use, signage will
clearly indicate allowed uses and restrictions at those intersections.
The rule also authorizes 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). E-bikes will be allowed on the new trail in
accordance with NPS Policy Memorandum 19-01--Electric Bicycles.
Summary of Public Comments
The NPS published a proposed rule in the Federal Register on May
15, 2019 (84 FR 21738). The NPS accepted public comments on the
proposed rule for 60 days via the mail, hard delivery, and the Federal
eRulemaking Portal at https://www.regulations.gov. Comments were
accepted through July 15, 2019. A total of 15 comments were submitted
and reviewed. A majority of commenters supported the proposed rule. A
summary of the pertinent issues raised in the comments and NPS
responses are provided below.
1. Comment: Some commenters raised general concerns about impacts
to natural resources from mountain biking, including soil erosion,
habitat degradation, and wildlife disturbance. One commenter suggested
that the NPS construct the trail surface to support bicycles without
leaving ruts or damaging natural resources.
NPS Response: The NPS is aware of the potential for erosion and
other disturbances to natural conditions that could be caused by
constructing the new trail and allowing hiking and biking on the trail.
The EA and FONSI determined that these impacts would not be
significant, and could be mitigated by using appropriate construction
techniques. The NPS will work with experts in trail design to minimize
impacts to natural resources.
2. Comment: Several commenters raised general concerns about
impacts to other visitors from mountain biking, including impacts to
hikers and equestrians who seek a non-motorized and quiet experience in
national parks. One commenter objected to the building of the trail
because although it improves access for one recreational activity, it
does not maximize the visitor experience for the broader visiting
public.
NPS Response: The NPS acknowledges the potential for conflict among
trail user types. The EA and FONSI determined that visitor conflicts
would not be significant. The new trail will not change the use
patterns or opportunities for recreation on existing trails. The new
trail and new uses allowed on it expand options for recreation within
the Park.
3. Comment: Some commenters raised concerns about visitor safety on
the trail. One commenter requested the NPS establish right-of-way rules
to protect pedestrians from bicycles. Another commenter requested the
NPS enforce a bicycle speed limit of five miles per hour.
NPS Response: The NPS acknowledges the potential for conflicts
among visitors on the trail. Similar conflicts currently exist within
the Park where equestrians and hikers share trails. The EA and FONSI
determined that the potential impact to visitor safety was not
significant, and could be minimized through signage and education. The
NPS will mark trails with signs identifying rules about yielding to
other user groups. The natural surface of the trail would make it
difficult to establish lanes for different types of uses. Existing
trails within the Park do not have speed limits and the terrain of the
new trail will naturally limit speeds. The NPS will monitor use on the
trail and the Superintendent may implement measures, including speed
limits, that may become necessary to promote safe use of the trail by
all user groups.
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
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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 authorizes the
Superintendent to designate a trail for bicycle use at the Park, which
will create an opportunity for recreation and access 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.
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 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 of 1969 (NEPA)
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 NEPA. This rule does 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 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.
Drafting Information
The primary authors of this regulation are Julia Larkin and Jay
Calhoun, National Park Service, Division of Regulations, Jurisdiction,
and Special Park Uses.
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.
[[Page 64426]]
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. 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. 4.30 of this chapter.
Rob Wallace,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2019-25338 Filed 11-21-19; 8:45 am]
BILLING CODE 4312-EJ-P
