Chattahoochee River National Recreation Area; Bicycling, 104427-104430 [2024-30540]
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Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Rules and Regulations
Issued in Washington, DC.
Hilary Duke,
Assistant General Counsel for Regulatory
Affairs, Pension Benefit Guaranty
Corporation.
Background
[FR Doc. 2024–30459 Filed 12–20–24; 8:45 am]
BILLING CODE 7709–02–P
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS–CHAT–DTS0039013; Docket No. NPS–
2024–0003; PPSEGUIS00
PPMPSAS1Z.Y00000]
RIN 1024–AE80
Chattahoochee River National
Recreation Area; Bicycling
National Park Service, Interior.
Final rule.
AGENCY:
ACTION:
The National Park Service
amends the special regulations for
Chattahoochee River National
Recreation Area to allow for bicycle use
on approximately 20.6 miles of trails.
DATES: This rule is effective January 22,
2025.
ADDRESSES:
Docket: The comments received on
the proposed rule are available on
https://www.regulations.gov in Docket
No. NPS–2024–0003.
Document Availability: The
Chattahoochee River National
Recreation Area Comprehensive Trails
Management Plan/Environmental
Assessment (CTMP/EA), Finding of No
Significant Impact (FONSI), and related
project documents provide information
and context for this rulemaking and are
available online at https://
parkplanning.nps.gov/chat by clicking
any of the links entitled
‘‘Comprehensive Trails Management
Plan’’ and then clicking the link entitled
‘‘Document List.’’
FOR FURTHER INFORMATION CONTACT: Beth
Wheeler, Chief of Planning, Resources
and Education, Chattahoochee River
National Recreation Area; (678) 538–
1321; beth_wheeler@nps.gov.
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-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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Purpose and Management Authority for
the Recreation Area
The Chattahoochee River is one of the
oldest and most stable river channels in
North America. It begins as a tiny
stream in northern Georgia, passes
through the suburbs north of Atlanta,
and flows 430 miles to its confluence
with the Flint River at the Florida
border. In 1978, the United States
Congress established Chattahoochee
River National Recreation Area by
finding that the values of a 48-mile
segment of the river and its adjoining
lands in the State of Georgia, from
Buford Dam downstream to Peachtree
Creek, are of special national
significance and ‘‘should be preserved
and protected from developments and
uses which would substantially impair
or destroy them.’’ 16 U.S.C. 460ii.
Congress stated that the Recreational
Area shall consist of ‘‘the river and its
bed together with the lands, waters, and
interests therein.’’ 16 U.S.C. 460ii.
In 1984, Congress amended the
Recreation Area’s enabling legislation
by stating that the corridor located
within 2,000 feet of each bank along the
48-mile river segment was ‘‘an area of
national concern.’’ This amendment
increased the size of the Recreation Area
from 6,300 acres to 6,800 acres. A
subsequent amendment, passed in 1999,
expanded the authorized boundary of
the Recreation Area to include an
additional 3,200 acres and provided
funding to support the acquisition of
priority land-based linear corridors to
link existing units of the Recreation
Area and protect other open spaces of
the Chattahoochee River corridor.
The National Park Service (NPS)
manages the Recreational Area as a unit
of the National Park System. In addition
to the enabling legislation described
above, the NPS manages the Recreation
Area pursuant to the NPS Organic Act
of 1916, which gives the NPS broad
authority to regulate the use of the lands
and waters within System units. See 54
U.S.C. 100101; 100751(a).
Bicycle Use in the Recreation Area
The Recreation Area is located within
the Atlanta metropolitan area and is a
valuable outdoor recreation resource for
local residents as well as visitors from
the rest of the United States and around
the world. The Recreation Area’s 48mile stretch of river and 15 land units
provide an ecological oasis within a
densely populated region and contain
more than 950 species of plants and a
diverse assemblage of wildlife. Its green
space and extensive trail network offer
abundant opportunities for visitors to
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explore the riverbanks, historic sites,
rolling forests, grassy meadows, and
rocky bluffs. The clear, cold, and slowmoving river supports a variety of
water-based recreational activities such
as floating, paddling, rafting, boating,
wading, and fishing.
Bicycling is a popular form of
recreation in and around the Recreation
Area. Bicycles are allowed on roads and
in parking areas that are open to public
motor vehicle traffic; on an
administrative road in the Cochran
Shoals unit, the Fitness Loop, which
also serves as a part of the trail system;
and on a subset of trails. The total trail
system is extensive, containing
approximately 67 miles of designated
trails in 12 of the 15 land units in the
Recreation Area. Bicycle use occurs on
approximately 11.6 miles of multi-use
trails in the Vickery Creek, Gold Branch,
Cochran Shoals, and Palisades units.
Bicycle routes are designated in special
regulations for the Recreation Area at 36
CFR 7.90 and in the Superintendent’s
compendium, which is a written
compilation of designations, closures,
permit requirements and visitor use
restrictions imposed under the
discretionary authority of the
Superintendent, as required by 36 CFR
1.7(b). The Superintendent’s
compendium is available on the
Recreation Area’s website (https://
www.nps.gov/chat).
Electric bicycles, which are defined in
NPS regulations as two- or threewheeled cycles with fully operable
pedals and electric motors of not more
than 750 watts that meet the
requirements of one of three classes (36
CFR 1.4), are allowed in the Recreation
Area where traditional bicycles are
allowed.
Comprehensive Trails Management Plan
and Environmental Assessment
In March 2021, the NPS published
and sought public input on a
Preliminary Trails Management Plan to
help inform the development of the
CTMP/EA and guide the development of
a more cohesive trail system within the
Recreation Area. Following the public
scoping period, in April 2022, the NPS
published the CTMP/EA which analyzes
the potential environmental impacts of
no-action and action alternatives. Under
the action alternative, which is the
NPS’s preferred alternative, the total
mileage of designated trails available for
public use in the Recreation Area would
increase substantially, and the NPS
would improve the quality and
sustainability of the trails to better serve
visitors and achieve greater resource
stewardship. The NPS would add
approximately 32 miles of trails to the
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trail system, resulting in a 48% net
increase in trail mileage, for a total of
99.3 miles. The NPS would allow
bicycle use on 20.6 total miles of trail,
an increase of approximately 9 miles.
The NPS would continue to allow
bicycle use on existing trails in four
units of the Recreation Area. With the
support of NPS partners, the NPS would
construct a new, natural surface multiuse trail that would expand bicycle use
in the Cochran Shoals unit, and
construct new, hardened surface multiuse trails in the Settles Bridge,
McGinnis Ferry, Suwanee Creek,
Abbotts Bridge, and Jones Bridge units.
New multi-use trails would be
designed and situated so that in the
future they could connect to a proposed
100-mile regional Chattahoochee
Riverlands greenway project. Many of
the new trails would be constructed on
previously disturbed corridors, such as
utility corridors or remnant roadbeds, to
minimize new disturbance and protect
historic resources. Trail width would
vary by location but would not exceed
10 feet. Trails would be constructed
using permeable materials to protect
water quality and prevent erosion. In
wet locations, special structures, such as
boardwalks, would be built to limit trail
widening from visitors routing around
puddles and mud, which tramples
trailside vegetation.
In addition to evaluating the potential
impacts of trail construction and
modification activities, the CTMP/EA
also evaluates the potential impacts of
allowing bicycles on the new trails.
Specifically, the CTMP/EA evaluates the
suitability of each trail surface and soil
conditions for accommodating bicycle
use; and life cycle maintenance costs,
safety considerations, methods to
prevent or minimize user conflict, and
methods to protect natural and cultural
resources and mitigate impacts
associated with bicycle use. An
associated written determination
concluded that bicycle use on all of the
trails that would be designated in this
rule is consistent with the protection of
the Recreation Area’s natural, scenic,
and aesthetic values; safety
considerations; management objectives;
and will not disturb wildlife or
Recreation Area resources. The CTMP/
EA contains a full description of the
purpose and need for taking action, the
alternatives considered, maps of the
affected areas, and the environmental
impacts associated with the project. The
CTMP/EA evaluates site-specific 60foot-wide trail corridors. The NPS will
determine final trail alignments within
those corridors in consultation with
NPS natural and cultural resources
specialists, which could result in minor
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adjustments to the trail locations shown
on the maps in the CTMP/EA. If the
NPS needs to align a trail outside of an
identified corridor, it would conduct
additional environmental review of the
alignment to avoid or minimize impacts
to sensitive resources and would
document the change as an amendment
to the CTMP/EA.
The NPS accepted public comments
on the CTMP/EA for 30 days. In January
2023 following a recommendation by
the Superintendent of the Recreation
Area, the Regional Director for Interior
Region 2, South Atlantic—Gulf, signed
the FONSI that identified the preferred
alternative in the CTMP/EA as the
selected alternative. As stated in the
FONSI, the NPS believes the selected
alternative will improve the
sustainability of the trail system, better
protect the resources of the Recreation
Area, and improve the visitor
experience by facilitating circulation
and less visitor conflicts through an
expanded trail network. Implementation
of the selected alternative will provide
new opportunities for visitors to enjoy
and be inspired by the Recreation Area.
Summary of Public Comments
The NPS published a proposed rule in
the Federal Register on May 22, 2024
(89 FR 44947). The NPS accepted public
comments on the proposed rule for 60
days via the mail, hand delivery, and
the Federal eRulemaking Portal at
https://www.regulations.gov. Comments
were accepted through July 22, 2024.
The NPS received 104 comments on the
proposed rule. Most comments
supported more bicycling opportunities
in the Recreation Area. Comments were
generally focused on balancing
increased recreational opportunities
with desired resource conditions. Some
comments raised concerns about
impacts to wildlife, vegetation, trail
conditions, ecosystem health, and
visitor use conflicts that the NPS
considered and evaluated in the CTMP/
EA. These comments are not addressed
in this final rule. The NPS evaluated the
environmental impacts of two
alternatives in the CTMP/EA and
explained why it selected the preferred
alternative in the FONSI. Upon
completion of trail construction and
authorization of bicycle use on the new
trails, the NPS will monitor the trail
network and implement mitigation
measures as appropriate to improve
sustainability, protect resources
(including wildlife), and improve the
visitor experience. After considering
public comments and after additional
review, the NPS is finalizing the
proposed rule without change. A
summary of the pertinent issues raised
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in the comments and NPS responses are
provided below:
1. Comment: One commenter stated
that construction of bicycle trails in the
National Park System violates Executive
Order (E.O.) 14072, Strengthening the
Nation’s Forests, Communities, and
Local Economies.
NPS Response: The NPS has a
responsibility to conserve the natural
resources and ecosystems found within
the National Park System, including
forested areas, for the enjoyment of
future generations. The construction of
new trails under the selected alternative
in the FONSI is consistent with the
policy set forth in E.O. 14072. New trail
construction will result in the removal
of up to 66 acres of forest vegetation,
which constitutes only 1.5% of the total
forest acreage within the Recreation
Area. Mature and old-growth forests
would not be affected by trail
construction. The NPS will mitigate
potential impacts to forest vegetation by
implementing mitigation measures
identified in Chapter 2 of the CMPT/EA.
New or rerouted trails will be located
such that they would not interfere with
natural processes such as forest
regeneration. They would avoid large
tracts of forest areas with high diversity
and quality. Healthy trees of any size
would not be removed except where
they interfere with trail traffic and the
trail cannot be relocated to eliminate the
interference.
2. Comment: Several commenters
encouraged the NPS to authorize bicycle
use on all 21.9 miles of trail analyzed
during the NEPA process.
NPS Response: This rule implements
a portion of the selected alternative in
the FONSI, which was evaluated as
alternative 2 in the CTPM/EA.
Alternative 2 evaluates bicycle use on
21.9 total miles of trail (see Table 4 to
the CTMP/EA). This rule, however,
identifies 20.6 total miles of trail that
could be designated for bicycle use.
This difference is attributed to a 1.3mile trail that was identified in Table 4
of the CTMP/EA as located within the
Johnson Ferry Unit. The NPS since has
determined that this trail is located
outside of the Recreation Area and is
owned and administered by Cobb
County.
3. Comment: Several commenters
encouraged the NPS to allow all classes
of e-bikes to be used on all trails where
traditional bicycle use is allowed.
NPS Response: NPS regulations at 36
CFR 4.30(a) give superintendents the
discretionary authority to allow electric
bicycles on park roads, parking areas,
and administrative roads and trails that
are open to traditional bicycles.
Currently, the Superintendent allows all
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classes of electric bicycles on all
existing bicycle trails. When new trails
are constructed under the selected
alternative, the Superintendent also
could designate those trails as open to
some or all classes of electric bicycles.
If, in the future, the Superintendent
determines that electric bicycles or
certain classes of electric bicycles
should no longer be allowed on any
road, parking area, or trail, or that
conditions for use should change, the
Superintendent could make such
changes by updating the
Superintendent’s compendium and
providing adequate public notice under
36 CFR 1.7.
4. Comment: One commenter
questioned how the NPS will educate
the public about rules for bicycle use in
the Recreation Area and encouraged the
placement of signage related to wildlife
crossings, specifically turtles.
NPS Response: The NPS will use
several methods to educate the public
about the trail system and bicycle use.
These may include: posting
standardized signs at trailheads and trail
access points that display rules for
bicycle use (e.g., speed limit), safety
guidelines, and trail conditions;
providing printed materials (such as
brochures and maps) that include
detailed information about multi-use
trails, rules, and safe riding practices;
maintaining up-to-date information
about the trail system and rules for
bicycle use on the Recreation Area’s
website; using social media platforms to
share information related to bicycling;
and engaging local partners and
stakeholders to promote safe and
responsible bicycling by educating
visitors about applicable rules. These
actions will help ensure that visitors are
well-informed about rules for bicycle
use. This will help mitigate potential
impacts to resources, including wildlife.
Final Rule
This rule amends paragraph (a) in 36
CFR 7.90, which contains the special
regulations for the Recreation Area. The
rule authorizes the Superintendent to
designate approximately 20.6 miles of
trails for bicycle use in nine units of the
Recreation Area. The NPS is also
changing the paragraph structure and
replacing a specific web address as the
location of maps showing bicycle routes
with a general statement that maps will
be available at the visitor center and on
the Recreation Area’s website. The
regulatory text includes formal trail
names if they exist to make wayfinding
easier. Lastly, the rule removes an
unnecessary provision in the current
paragraph (a)(4)(ii) that provides the
Superintendent with a specific,
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discretionary authority to close the trails
in the Johnson Ferry South and Cochran
Shoals units to mitigate soil erosion and
water quality impacts from bicycle use
after a rain event. Providing this specific
authority is unnecessary because this
rule, similar to the existing regulations,
authorizes the Superintendent to limit,
restrict, or impose conditions on bicycle
use, or close any trail to bicycle use, or
terminate such conditions, closures,
limits, or restrictions after taking into
consideration public health and safety,
resource protection, and other
management activities and objectives, as
stated in 36 CFR 4.30(f). Further, as a
practical matter, the redevelopment of
the trail system will restore poorly
designed trails to natural conditions in
the Cochran Shoals unit and will
position new trails on the landscape in
that unit to improve physical
sustainability, manage water, and limit
erosion. There is no existing or planned
bicycle use in the Johnson Ferry South
unit.
Compliance With NPS Bicycle
Regulations
The CTMP/EA constitutes the
planning document and evaluates the
criteria required by the NPS’s general
bicycle regulations at 36 CFR 4.30. The
no action alternative evaluates the
impacts of continued bicycle use on
existing trails; and the action alternative
evaluates the impacts of bicycle use on
the new trails that will be constructed.
This rule authorizes the Superintendent
to allow bicycles on all trails where
bicycles would be allowed under the
selected alternative. This includes
existing trails that do not require
construction or significant modification
and new trails that will be constructed.
Although NPS regulations do not
require special regulations to allow
bicycles on existing trails that do not
require any construction or significant
modification, identifying all of the trails
in the special regulations will make it
easier for visitors to understand where
bicycles are allowed. The other
approach would result in some trails
designated in the special regulations
and others in the Superintendent’s
compendium.
Compliance With Other Laws,
Executive Orders and Department
Policy
Regulatory Planning and Review
(Executive Orders 12866 and 13563 and
14094)
Executive Order 14094 (E.O.) amends
E.O. 12866 and reaffirms the principles
of E.O. 12866 and E.O. 13563 and states
that regulatory analysis should facilitate
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agency efforts to develop regulations
that serve the public interest, advance
statutory objectives, and are consistent
with E.O. 12866 and E.O. 13563.
Regulatory analysis, as practicable and
appropriate, shall recognize distributive
impacts and equity, to the extent
permitted by law. E.O. 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 rule in a manner
consistent with these requirements.
E.O. 12866, as reaffirmed by E.O.
13563 and amended and reaffirmed by
E.O. 14094, provides that the Office of
Information and Regulatory Affairs
(OIRA) in the Office of Management and
Budget (OMB) will review all significant
rules. OIRA determined that this final
rule is not significant.
Regulatory Flexibility Act (5 U.S.C. 601
et seq.)
This rulemaking 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 ‘‘Cost-Benefit and Regulatory
Flexibility Threshold Analyses:
Proposed Special Regulations to
Designate New Trails for Bicycle Use at
Chattahoochee River National
Recreation Area.’’ The report may be
viewed on the Recreation Area’s
planning website at the URL listed
under the ADDRESSES section.
Congressional Review Act (CRA)
This rulemaking is not a major rule
under 5 U.S.C. 804(2). This rule:
(a) Does not have an annual effect on
the economy of $100 million or more.
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions.
(c) Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
Unfunded Mandates Reform Act (2
U.S.C. 1501 et seq.)
This rulemaking does not impose an
unfunded mandate on State, local, or
Tribal governments or the private sector
of more than $100 million per year. The
rule does not have a significant or
unique effect on State, local or Tribal
governments or the private sector. It
addresses public use of national park
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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 rule only affects use of
federally administered lands and
waters. It has no direct effects on other
areas. A federalism summary impact
statement is not required.
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Civil Justice Reform (Executive Order
12988)
This rulemaking complies with the
requirements of Executive Order 12988.
This rule:
(a) Meets the criteria of section 3(a)
requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and
(b) Meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
Consultation With Indian Tribes
(Executive Order 13175 and Department
Policy)
The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
Tribes through a commitment to
consultation with Indian Tribes and
recognition of their right to selfgovernance 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 rule will have
no substantial direct effect on federally
recognized Indian Tribes. Nevertheless,
in support of the Department of the
Interior and NPS commitment for
government-to-government
consultation, during the CTMP/EA
process, the NPS sent notification letters
to Tribal partners to invite participation
in the planning process. The Tribes are
the Absentee Shawnee Tribe, AlabamaCoushatta Tribe of Texas, AlabamaQuassarte Tribal Town, Cherokee
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Nation, Coushatta Tribe of Louisiana,
Eastern band of Cherokee Indians,
Kialegee Tribal Town, Muskogee (Creek)
Nation, Poarch Band of Creek Indians,
Seminole Nation of Oklahoma,
Seminole Tribe of Florida, Shawnee
Tribe, Thlopthlocco Tribal Town, and
United Keetoowah Band of Cherokee
Indians of Oklahoma. Additionally, the
NPS has executed a programmatic
agreement in coordination with
consulting parties, including the State
historic preservation office and
affiliated Tribes, which describes
historic identification actions as well as
minimization and avoidance practices
should it be determined that a proposed
implementation action may impact a
historic property. Additional
information about Tribal coordination
and the programmatic agreement is
published in the FONSI.
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.)
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 of
1969 (NEPA; 42 U.S.C. 4321 et seq.)
The NPS has prepared the CTMP/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 will
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 CTMP/EA and FONSI can be
found online at the URL listed in
ADDRESSES.
Effects on the Energy Supply (Executive
Order 13211)
This rulemaking is not a significant
energy action under the definition in
Executive Order 13211; the rule is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy, and the rule has not otherwise
been designated by the Administrator of
OIRA as a significant energy action. A
Statement of Energy Effects in not
required.
List of Subjects in 36 CFR Part 7
National parks, Reporting and
recordkeeping requirements.
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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.
2. Amend § 7.90 by revising paragraph
(a) to read as follows:
■
§ 7.90 Chattahoochee River National
Recreation Area.
(a) Bicycle use. (1) The
Superintendent may designate all or a
portion of the following trails as open to
bicycle use:
(i) The multi-use trail in the Abbotts
Bridge unit (approximately 2 miles).
(ii) The Fitness Loop in the Cochran
Shoals unit (approximately 2.7 miles).
(iii) The multi-use trails in the Sope
Creek Area of the Cochran Shoals unit
(approximately 9.1 miles).
(iv) The Lower Roswell Trail in the
Gold Branch unit (approximately 0.5
miles).
(v) The multi-use trail in the Jones
Bridge unit (approximately 1.4 miles).
(vi) The multi-use trail in the
McGinnis Ferry unit (approximately 1.4
miles).
(vii) The Rottenwood Creek Trail in
the Palisades unit (approximately 1.6
miles).
(viii) The multi-use trail in the Settles
Bridge unit (approximately 1.6 miles).
(ix) The multi-use trail in the
Suwanee Creek unit (approximately 0.2
miles).
(x) The Roswell Riverwalk Trail in the
Vickery Creek unit (approximately 0.1
miles).
(2) A map showing trails open to
bicycle use will be available at
Recreation Area visitor centers and
posted on the Recreation Area website.
The Superintendent will provide notice
of all trails designated for bicycle use in
accordance with § 1.7 of this chapter.
(3) The Superintendent may limit,
restrict, or impose conditions on bicycle
use, or close any trail to bicycle use, or
terminate such conditions, closures,
limits, or restrictions in accordance with
§ 4.30 of this chapter. A violation of any
such condition, closure, limit, or
restriction is prohibited.
*
*
*
*
*
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2024–30540 Filed 12–20–24; 8:45 am]
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Agencies
[Federal Register Volume 89, Number 246 (Monday, December 23, 2024)]
[Rules and Regulations]
[Pages 104427-104430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30540]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-CHAT-DTS0039013; Docket No. NPS-2024-0003; PPSEGUIS00
PPMPSAS1Z.Y00000]
RIN 1024-AE80
Chattahoochee River National Recreation Area; Bicycling
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: The National Park Service amends the special regulations for
Chattahoochee River National Recreation Area to allow for bicycle use
on approximately 20.6 miles of trails.
DATES: This rule is effective January 22, 2025.
ADDRESSES:
Docket: The comments received on the proposed rule are available on
https://www.regulations.gov in Docket No. NPS-2024-0003.
Document Availability: The Chattahoochee River National Recreation
Area Comprehensive Trails Management Plan/Environmental Assessment
(CTMP/EA), Finding of No Significant Impact (FONSI), and related
project documents provide information and context for this rulemaking
and are available online at https://parkplanning.nps.gov/chat by
clicking any of the links entitled ``Comprehensive Trails Management
Plan'' and then clicking the link entitled ``Document List.''
FOR FURTHER INFORMATION CONTACT: Beth Wheeler, Chief of Planning,
Resources and Education, Chattahoochee River National Recreation Area;
(678) 538-1321; [email protected]. 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 Management Authority for the Recreation Area
The Chattahoochee River is one of the oldest and most stable river
channels in North America. It begins as a tiny stream in northern
Georgia, passes through the suburbs north of Atlanta, and flows 430
miles to its confluence with the Flint River at the Florida border. In
1978, the United States Congress established Chattahoochee River
National Recreation Area by finding that the values of a 48-mile
segment of the river and its adjoining lands in the State of Georgia,
from Buford Dam downstream to Peachtree Creek, are of special national
significance and ``should be preserved and protected from developments
and uses which would substantially impair or destroy them.'' 16 U.S.C.
460ii. Congress stated that the Recreational Area shall consist of
``the river and its bed together with the lands, waters, and interests
therein.'' 16 U.S.C. 460ii.
In 1984, Congress amended the Recreation Area's enabling
legislation by stating that the corridor located within 2,000 feet of
each bank along the 48-mile river segment was ``an area of national
concern.'' This amendment increased the size of the Recreation Area
from 6,300 acres to 6,800 acres. A subsequent amendment, passed in
1999, expanded the authorized boundary of the Recreation Area to
include an additional 3,200 acres and provided funding to support the
acquisition of priority land-based linear corridors to link existing
units of the Recreation Area and protect other open spaces of the
Chattahoochee River corridor.
The National Park Service (NPS) manages the Recreational Area as a
unit of the National Park System. In addition to the enabling
legislation described above, the NPS manages the Recreation Area
pursuant to the NPS Organic Act of 1916, which gives the NPS broad
authority to regulate the use of the lands and waters within System
units. See 54 U.S.C. 100101; 100751(a).
Bicycle Use in the Recreation Area
The Recreation Area is located within the Atlanta metropolitan area
and is a valuable outdoor recreation resource for local residents as
well as visitors from the rest of the United States and around the
world. The Recreation Area's 48-mile stretch of river and 15 land units
provide an ecological oasis within a densely populated region and
contain more than 950 species of plants and a diverse assemblage of
wildlife. Its green space and extensive trail network offer abundant
opportunities for visitors to explore the riverbanks, historic sites,
rolling forests, grassy meadows, and rocky bluffs. The clear, cold, and
slow-moving river supports a variety of water-based recreational
activities such as floating, paddling, rafting, boating, wading, and
fishing.
Bicycling is a popular form of recreation in and around the
Recreation Area. Bicycles are allowed on roads and in parking areas
that are open to public motor vehicle traffic; on an administrative
road in the Cochran Shoals unit, the Fitness Loop, which also serves as
a part of the trail system; and on a subset of trails. The total trail
system is extensive, containing approximately 67 miles of designated
trails in 12 of the 15 land units in the Recreation Area. Bicycle use
occurs on approximately 11.6 miles of multi-use trails in the Vickery
Creek, Gold Branch, Cochran Shoals, and Palisades units. Bicycle routes
are designated in special regulations for the Recreation Area at 36 CFR
7.90 and in the Superintendent's compendium, which is a written
compilation of designations, closures, permit requirements and visitor
use restrictions imposed under the discretionary authority of the
Superintendent, as required by 36 CFR 1.7(b). The Superintendent's
compendium is available on the Recreation Area's website (https://www.nps.gov/chat).
Electric bicycles, which are defined in NPS regulations as two- or
three-wheeled cycles with fully operable pedals and electric motors of
not more than 750 watts that meet the requirements of one of three
classes (36 CFR 1.4), are allowed in the Recreation Area where
traditional bicycles are allowed.
Comprehensive Trails Management Plan and Environmental Assessment
In March 2021, the NPS published and sought public input on a
Preliminary Trails Management Plan to help inform the development of
the CTMP/EA and guide the development of a more cohesive trail system
within the Recreation Area. Following the public scoping period, in
April 2022, the NPS published the CTMP/EA which analyzes the potential
environmental impacts of no-action and action alternatives. Under the
action alternative, which is the NPS's preferred alternative, the total
mileage of designated trails available for public use in the Recreation
Area would increase substantially, and the NPS would improve the
quality and sustainability of the trails to better serve visitors and
achieve greater resource stewardship. The NPS would add approximately
32 miles of trails to the
[[Page 104428]]
trail system, resulting in a 48% net increase in trail mileage, for a
total of 99.3 miles. The NPS would allow bicycle use on 20.6 total
miles of trail, an increase of approximately 9 miles. The NPS would
continue to allow bicycle use on existing trails in four units of the
Recreation Area. With the support of NPS partners, the NPS would
construct a new, natural surface multi-use trail that would expand
bicycle use in the Cochran Shoals unit, and construct new, hardened
surface multi-use trails in the Settles Bridge, McGinnis Ferry, Suwanee
Creek, Abbotts Bridge, and Jones Bridge units.
New multi-use trails would be designed and situated so that in the
future they could connect to a proposed 100-mile regional Chattahoochee
Riverlands greenway project. Many of the new trails would be
constructed on previously disturbed corridors, such as utility
corridors or remnant roadbeds, to minimize new disturbance and protect
historic resources. Trail width would vary by location but would not
exceed 10 feet. Trails would be constructed using permeable materials
to protect water quality and prevent erosion. In wet locations, special
structures, such as boardwalks, would be built to limit trail widening
from visitors routing around puddles and mud, which tramples trailside
vegetation.
In addition to evaluating the potential impacts of trail
construction and modification activities, the CTMP/EA also evaluates
the potential impacts of allowing bicycles on the new trails.
Specifically, the CTMP/EA evaluates the suitability of each trail
surface and soil conditions for accommodating bicycle use; and life
cycle maintenance costs, safety considerations, methods to prevent or
minimize user conflict, and methods to protect natural and cultural
resources and mitigate impacts associated with bicycle use. An
associated written determination concluded that bicycle use on all of
the trails that would be designated in this rule is consistent with the
protection of the Recreation Area's natural, scenic, and aesthetic
values; safety considerations; management objectives; and will not
disturb wildlife or Recreation Area resources. The CTMP/EA contains a
full description of the purpose and need for taking action, the
alternatives considered, maps of the affected areas, and the
environmental impacts associated with the project. The CTMP/EA
evaluates site-specific 60-foot-wide trail corridors. The NPS will
determine final trail alignments within those corridors in consultation
with NPS natural and cultural resources specialists, which could result
in minor adjustments to the trail locations shown on the maps in the
CTMP/EA. If the NPS needs to align a trail outside of an identified
corridor, it would conduct additional environmental review of the
alignment to avoid or minimize impacts to sensitive resources and would
document the change as an amendment to the CTMP/EA.
The NPS accepted public comments on the CTMP/EA for 30 days. In
January 2023 following a recommendation by the Superintendent of the
Recreation Area, the Regional Director for Interior Region 2, South
Atlantic--Gulf, signed the FONSI that identified the preferred
alternative in the CTMP/EA as the selected alternative. As stated in
the FONSI, the NPS believes the selected alternative will improve the
sustainability of the trail system, better protect the resources of the
Recreation Area, and improve the visitor experience by facilitating
circulation and less visitor conflicts through an expanded trail
network. Implementation of the selected alternative will provide new
opportunities for visitors to enjoy and be inspired by the Recreation
Area.
Summary of Public Comments
The NPS published a proposed rule in the Federal Register on May
22, 2024 (89 FR 44947). The NPS accepted public comments on the
proposed rule for 60 days via the mail, hand delivery, and the Federal
eRulemaking Portal at https://www.regulations.gov. Comments were
accepted through July 22, 2024. The NPS received 104 comments on the
proposed rule. Most comments supported more bicycling opportunities in
the Recreation Area. Comments were generally focused on balancing
increased recreational opportunities with desired resource conditions.
Some comments raised concerns about impacts to wildlife, vegetation,
trail conditions, ecosystem health, and visitor use conflicts that the
NPS considered and evaluated in the CTMP/EA. These comments are not
addressed in this final rule. The NPS evaluated the environmental
impacts of two alternatives in the CTMP/EA and explained why it
selected the preferred alternative in the FONSI. Upon completion of
trail construction and authorization of bicycle use on the new trails,
the NPS will monitor the trail network and implement mitigation
measures as appropriate to improve sustainability, protect resources
(including wildlife), and improve the visitor experience. After
considering public comments and after additional review, the NPS is
finalizing the proposed rule without change. A summary of the pertinent
issues raised in the comments and NPS responses are provided below:
1. Comment: One commenter stated that construction of bicycle
trails in the National Park System violates Executive Order (E.O.)
14072, Strengthening the Nation's Forests, Communities, and Local
Economies.
NPS Response: The NPS has a responsibility to conserve the natural
resources and ecosystems found within the National Park System,
including forested areas, for the enjoyment of future generations. The
construction of new trails under the selected alternative in the FONSI
is consistent with the policy set forth in E.O. 14072. New trail
construction will result in the removal of up to 66 acres of forest
vegetation, which constitutes only 1.5% of the total forest acreage
within the Recreation Area. Mature and old-growth forests would not be
affected by trail construction. The NPS will mitigate potential impacts
to forest vegetation by implementing mitigation measures identified in
Chapter 2 of the CMPT/EA. New or rerouted trails will be located such
that they would not interfere with natural processes such as forest
regeneration. They would avoid large tracts of forest areas with high
diversity and quality. Healthy trees of any size would not be removed
except where they interfere with trail traffic and the trail cannot be
relocated to eliminate the interference.
2. Comment: Several commenters encouraged the NPS to authorize
bicycle use on all 21.9 miles of trail analyzed during the NEPA
process.
NPS Response: This rule implements a portion of the selected
alternative in the FONSI, which was evaluated as alternative 2 in the
CTPM/EA. Alternative 2 evaluates bicycle use on 21.9 total miles of
trail (see Table 4 to the CTMP/EA). This rule, however, identifies 20.6
total miles of trail that could be designated for bicycle use. This
difference is attributed to a 1.3-mile trail that was identified in
Table 4 of the CTMP/EA as located within the Johnson Ferry Unit. The
NPS since has determined that this trail is located outside of the
Recreation Area and is owned and administered by Cobb County.
3. Comment: Several commenters encouraged the NPS to allow all
classes of e-bikes to be used on all trails where traditional bicycle
use is allowed.
NPS Response: NPS regulations at 36 CFR 4.30(a) give
superintendents the discretionary authority to allow electric bicycles
on park roads, parking areas, and administrative roads and trails that
are open to traditional bicycles. Currently, the Superintendent allows
all
[[Page 104429]]
classes of electric bicycles on all existing bicycle trails. When new
trails are constructed under the selected alternative, the
Superintendent also could designate those trails as open to some or all
classes of electric bicycles. If, in the future, the Superintendent
determines that electric bicycles or certain classes of electric
bicycles should no longer be allowed on any road, parking area, or
trail, or that conditions for use should change, the Superintendent
could make such changes by updating the Superintendent's compendium and
providing adequate public notice under 36 CFR 1.7.
4. Comment: One commenter questioned how the NPS will educate the
public about rules for bicycle use in the Recreation Area and
encouraged the placement of signage related to wildlife crossings,
specifically turtles.
NPS Response: The NPS will use several methods to educate the
public about the trail system and bicycle use. These may include:
posting standardized signs at trailheads and trail access points that
display rules for bicycle use (e.g., speed limit), safety guidelines,
and trail conditions; providing printed materials (such as brochures
and maps) that include detailed information about multi-use trails,
rules, and safe riding practices; maintaining up-to-date information
about the trail system and rules for bicycle use on the Recreation
Area's website; using social media platforms to share information
related to bicycling; and engaging local partners and stakeholders to
promote safe and responsible bicycling by educating visitors about
applicable rules. These actions will help ensure that visitors are
well-informed about rules for bicycle use. This will help mitigate
potential impacts to resources, including wildlife.
Final Rule
This rule amends paragraph (a) in 36 CFR 7.90, which contains the
special regulations for the Recreation Area. The rule authorizes the
Superintendent to designate approximately 20.6 miles of trails for
bicycle use in nine units of the Recreation Area. The NPS is also
changing the paragraph structure and replacing a specific web address
as the location of maps showing bicycle routes with a general statement
that maps will be available at the visitor center and on the Recreation
Area's website. The regulatory text includes formal trail names if they
exist to make wayfinding easier. Lastly, the rule removes an
unnecessary provision in the current paragraph (a)(4)(ii) that provides
the Superintendent with a specific, discretionary authority to close
the trails in the Johnson Ferry South and Cochran Shoals units to
mitigate soil erosion and water quality impacts from bicycle use after
a rain event. Providing this specific authority is unnecessary because
this rule, similar to the existing regulations, authorizes the
Superintendent to limit, restrict, or impose conditions on bicycle use,
or close any trail to bicycle use, or terminate such conditions,
closures, limits, or restrictions after taking into consideration
public health and safety, resource protection, and other management
activities and objectives, as stated in 36 CFR 4.30(f). Further, as a
practical matter, the redevelopment of the trail system will restore
poorly designed trails to natural conditions in the Cochran Shoals unit
and will position new trails on the landscape in that unit to improve
physical sustainability, manage water, and limit erosion. There is no
existing or planned bicycle use in the Johnson Ferry South unit.
Compliance With NPS Bicycle Regulations
The CTMP/EA constitutes the planning document and evaluates the
criteria required by the NPS's general bicycle regulations at 36 CFR
4.30. The no action alternative evaluates the impacts of continued
bicycle use on existing trails; and the action alternative evaluates
the impacts of bicycle use on the new trails that will be constructed.
This rule authorizes the Superintendent to allow bicycles on all trails
where bicycles would be allowed under the selected alternative. This
includes existing trails that do not require construction or
significant modification and new trails that will be constructed.
Although NPS regulations do not require special regulations to allow
bicycles on existing trails that do not require any construction or
significant modification, identifying all of the trails in the special
regulations will make it easier for visitors to understand where
bicycles are allowed. The other approach would result in some trails
designated in the special regulations and others in the
Superintendent's compendium.
Compliance With Other Laws, Executive Orders and Department Policy
Regulatory Planning and Review (Executive Orders 12866 and 13563 and
14094)
Executive Order 14094 (E.O.) amends E.O. 12866 and reaffirms the
principles of E.O. 12866 and E.O. 13563 and states that regulatory
analysis should facilitate agency efforts to develop regulations that
serve the public interest, advance statutory objectives, and are
consistent with E.O. 12866 and E.O. 13563. Regulatory analysis, as
practicable and appropriate, shall recognize distributive impacts and
equity, to the extent permitted by law. E.O. 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 rule in a manner
consistent with these requirements.
E.O. 12866, as reaffirmed by E.O. 13563 and amended and reaffirmed
by E.O. 14094, provides that the Office of Information and Regulatory
Affairs (OIRA) in the Office of Management and Budget (OMB) will review
all significant rules. OIRA determined that this final rule is not
significant.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
This rulemaking 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 ``Cost-
Benefit and Regulatory Flexibility Threshold Analyses: Proposed Special
Regulations to Designate New Trails for Bicycle Use at Chattahoochee
River National Recreation Area.'' The report may be viewed on the
Recreation Area's planning website at the URL listed under the
ADDRESSES section.
Congressional Review Act (CRA)
This rulemaking is not a major rule under 5 U.S.C. 804(2). This
rule:
(a) Does not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
This rulemaking does not impose an unfunded mandate on State,
local, or Tribal governments or the private sector of more than $100
million per year. The rule does not have a significant or unique effect
on State, local or Tribal governments or the private sector. It
addresses public use of national park
[[Page 104430]]
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 rule
only affects use of federally administered lands and waters. It has no
direct effects on other areas. A federalism summary impact statement is
not required.
Civil Justice Reform (Executive Order 12988)
This rulemaking complies with the requirements of Executive Order
12988. This rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Consultation With Indian Tribes (Executive Order 13175 and Department
Policy)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and Tribal sovereignty. The NPS has evaluated
this rulemaking under the criteria in Executive Order 13175 and under
the Department's Tribal consultation policy and has determined that
Tribal consultation is not required because the rule will have no
substantial direct effect on federally recognized Indian Tribes.
Nevertheless, in support of the Department of the Interior and NPS
commitment for government-to-government consultation, during the CTMP/
EA process, the NPS sent notification letters to Tribal partners to
invite participation in the planning process. The Tribes are the
Absentee Shawnee Tribe, Alabama-Coushatta Tribe of Texas, Alabama-
Quassarte Tribal Town, Cherokee Nation, Coushatta Tribe of Louisiana,
Eastern band of Cherokee Indians, Kialegee Tribal Town, Muskogee
(Creek) Nation, Poarch Band of Creek Indians, Seminole Nation of
Oklahoma, Seminole Tribe of Florida, Shawnee Tribe, Thlopthlocco Tribal
Town, and United Keetoowah Band of Cherokee Indians of Oklahoma.
Additionally, the NPS has executed a programmatic agreement in
coordination with consulting parties, including the State historic
preservation office and affiliated Tribes, which describes historic
identification actions as well as minimization and avoidance practices
should it be determined that a proposed implementation action may
impact a historic property. Additional information about Tribal
coordination and the programmatic agreement is published in the FONSI.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
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 of 1969 (NEPA; 42 U.S.C. 4321 et
seq.)
The NPS has prepared the CTMP/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 will 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
CTMP/EA and FONSI can be found online at the URL listed in ADDRESSES.
Effects on the Energy Supply (Executive Order 13211)
This rulemaking is not a significant energy action under the
definition in Executive Order 13211; the rule is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy, and the rule has not otherwise been designated by the
Administrator of OIRA as a significant energy action. A Statement of
Energy Effects in not required.
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. 7.90 by revising paragraph (a) to read as follows:
Sec. 7.90 Chattahoochee River National Recreation Area.
(a) Bicycle use. (1) The Superintendent may designate all or a
portion of the following trails as open to bicycle use:
(i) The multi-use trail in the Abbotts Bridge unit (approximately 2
miles).
(ii) The Fitness Loop in the Cochran Shoals unit (approximately 2.7
miles).
(iii) The multi-use trails in the Sope Creek Area of the Cochran
Shoals unit (approximately 9.1 miles).
(iv) The Lower Roswell Trail in the Gold Branch unit (approximately
0.5 miles).
(v) The multi-use trail in the Jones Bridge unit (approximately 1.4
miles).
(vi) The multi-use trail in the McGinnis Ferry unit (approximately
1.4 miles).
(vii) The Rottenwood Creek Trail in the Palisades unit
(approximately 1.6 miles).
(viii) The multi-use trail in the Settles Bridge unit
(approximately 1.6 miles).
(ix) The multi-use trail in the Suwanee Creek unit (approximately
0.2 miles).
(x) The Roswell Riverwalk Trail in the Vickery Creek unit
(approximately 0.1 miles).
(2) A map showing trails open to bicycle use will be available at
Recreation Area visitor centers and posted on the Recreation Area
website. The Superintendent will provide notice of all trails
designated for bicycle use in accordance with Sec. 1.7 of this
chapter.
(3) The Superintendent may limit, restrict, or impose conditions on
bicycle use, or close any trail to bicycle use, or terminate such
conditions, closures, limits, or restrictions in accordance with Sec.
4.30 of this chapter. A violation of any such condition, closure,
limit, or restriction is prohibited.
* * * * *
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2024-30540 Filed 12-20-24; 8:45 am]
BILLING CODE 4312-52-P