Chattahoochee River National Recreation Area; Bicycling, 104427-104430 [2024-30540]

Download as PDF 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: khammond on DSK9W7S144PROD with RULES SUMMARY: VerDate Sep<11>2014 16:08 Dec 20, 2024 Jkt 265001 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 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 104427 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 E:\FR\FM\23DER1.SGM 23DER1 khammond on DSK9W7S144PROD with RULES 104428 Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Rules and Regulations 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 VerDate Sep<11>2014 16:08 Dec 20, 2024 Jkt 265001 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 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 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 E:\FR\FM\23DER1.SGM 23DER1 Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Rules and Regulations khammond on DSK9W7S144PROD with RULES 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, VerDate Sep<11>2014 16:08 Dec 20, 2024 Jkt 265001 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 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 104429 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 E:\FR\FM\23DER1.SGM 23DER1 104430 Federal Register / Vol. 89, No. 246 / Monday, December 23, 2024 / Rules and Regulations 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. khammond on DSK9W7S144PROD with RULES 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 VerDate Sep<11>2014 16:08 Dec 20, 2024 Jkt 265001 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. PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 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] BILLING CODE 4312–52–P E:\FR\FM\23DER1.SGM 23DER1

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


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