Whiskeytown Unit, Whiskeytown-Shasta-Trinity National Recreation Area; Bicycling, 106393-106398 [2024-31207]
Download as PDF
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Proposed Rules
*
*
*
*
*
[FR Doc. 2024–30798 Filed 12–27–24; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 54
[REG–124930–21]
RIN 1545–BQ35
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
29 CFR Part 2590
RIN 1210–AC13
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
45 CFR Parts 147 and 156
[CMS–9903–WN]
RIN 0938–AU94
Coverage of Certain Preventive
Services Under the Affordable Care
Act
Internal Revenue Service,
Department of the Treasury; Employee
Benefits Security Administration,
Department of Labor; Centers for
Medicare & Medicaid Services,
Department of Health and Human
Services.
ACTION: Withdrawal of notice of
proposed rulemaking.
AGENCY:
This document withdraws a
notice of proposed rulemaking that
appeared in the Federal Register on
February 2, 2023, regarding coverage of
certain preventive services under the
Affordable Care Act.
DATES: As of December 23, 2024, the
notice of proposed rulemaking that
appeared in the Federal Register on
February 2, 2023, at 88 FR 7236, is
withdrawn.
SUMMARY:
Alex
Krupnick, Internal Revenue Service,
Department of the Treasury, at (202)
317–5500; Beth Baum or Matthew
Meidell, Employee Benefits Security
Administration, Department of Labor, at
(202) 693–8335; David Mlawsky,
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, at (410) 786–6851.
SUPPLEMENTARY INFORMATION: Section
2713 of the Public Health Service Act
(PHS Act), as added by the Affordable
ddrumheller on DSK120RN23PROD with PROPOSALS1
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
21:44 Dec 27, 2024
Jkt 265001
Care Act and incorporated into the
Employee Retirement Income Security
Act and the Internal Revenue Code,
requires non-grandfathered group health
plans and health insurance issuers
offering non-grandfathered group or
individual health insurance coverage to
provide coverage of certain
recommended preventive services
without imposing any cost-sharing
requirements. These preventive services
include, with respect to women, under
comprehensive guidelines supported by
the Health Resources and Services
Administration, certain contraceptive
services. Current regulations include
exemptions and optional
accommodations for entities and
individuals with religious objections or
non-religious moral objections to
coverage of contraceptive services.
On February 2, 2023, the Departments
of the Treasury, Labor, and Health and
Human Services (HHS) (collectively, the
Departments) proposed rules (88 FR
7236) that sought to resolve longrunning litigation with regard to
religious objections to providing
contraceptive coverage, by respecting
the objecting entities’ religious
objections while also ensuring that
women enrolled in plans or coverage
sponsored, arranged, or offered by
objecting entities could independently
obtain contraceptive services at no cost.
The proposed rules would have
rescinded the regulation providing for
an exemption based on non-religious
moral objections. The proposed rules
would also have established a new
individual contraceptive arrangement
that individuals in plans or coverage
subject to a religious exemption could
use to obtain contraceptive services at
no cost directly from a provider or
facility that furnishes contraceptive
services, without any involvement on
the part of an objecting entity.
The Departments requested comments
on all aspects of the proposed rules, as
well as on a number of specific issues.
The Departments received 44,825
comments in response to the proposed
rules from a range of interested parties,
including employers, health insurance
issuers, State Exchanges, State
regulators, unions, and individuals. The
Departments received comments on
specific proposals in the proposed rules,
as well as general comments on the
proposals. The Departments also
received comments that were not related
to the proposals in the proposed rules.
The Departments have determined it
appropriate to withdraw the proposed
rules at this time to focus their time and
resources on matters other than
finalizing these rules. Additionally, in
light of the volume and breadth of scope
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
106393
of the comments received, the
Departments want to further consider
the proposals made in the proposed
rules. Moreover, should the
Departments decide in the future that it
is a priority to move forward with a
rulemaking in this area, the
Departments want to ensure that they
will have the benefit of the most up-todate facts and information on these
important issues as the Departments
consider how to best implement the
contraceptive coverage requirements of
PHS Act section 2713, while respecting
religious objections to contraception.
For these independently sufficient
reasons, the Departments are
withdrawing the proposed rules, and
may propose new rules in the future, as
appropriate to meet these goals.
This withdrawal does not limit the
Departments’ ability to make new
regulatory proposals in the areas
addressed by the withdrawn proposed
rules, including new proposals that may
be substantially identical or similar to
those described therein. In addition, this
withdrawal does not affect the
Departments’ ongoing application of
existing statutory and regulatory
requirements or its responsibility to
faithfully administer the statutory
requirements the proposed rules would
have implemented if finalized.
Douglas W. O’Donnell,
Deputy Commissioner, Internal Revenue
Service.
Lisa M. Gomez,
Assistant Secretary, Employee Benefits
Security Administration, Department of
Labor.
Xavier Becerra,
Secretary, Department of Health and Human
Services.
[FR Doc. 2024–31239 Filed 12–23–24; 4:15 pm]
BILLING CODE 4830–01–P; 4510–29–P; 4120–01–P
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS–WHIS–NPS38501;
PX.P0234207B.00.1–PPPWWHISM0–
PFE00FEPR.YP0000]
RIN 1024–AE52
Whiskeytown Unit, WhiskeytownShasta-Trinity National Recreation
Area; Bicycling
National Park Service, Interior.
Proposed rule.
AGENCY:
ACTION:
The National Park Service
proposes to amend the special
regulations for Whiskeytown National
SUMMARY:
E:\FR\FM\30DEP1.SGM
30DEP1
ddrumheller on DSK120RN23PROD with PROPOSALS1
106394
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Proposed Rules
Recreation Area to allow bicycle use on
approximately 79.8 miles of multi-use
trails. National Park Service regulations
require promulgation of a special
regulation to allow bicycles on new
trails outside of developed areas and for
existing trails that require construction
or significant modification to
accommodate bicycles.
DATES: Comments on the proposed rule
must be received by 11:59 p.m. EDT on
February 28, 2025.
ADDRESSES: You may submit comments,
identified by Regulation Identifier
Number (RIN) 1024–AE52, by either of
the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
(2) By hard copy: Mail to:
Superintendent, Whiskeytown National
Recreation Area, P.O. Box 188,
Whiskeytown, CA 96095.
Document Availability: The Trails
Management Plan and Environmental
Assessment and the Finding of No
Significant Impact provide information
and context for this proposed rule and
are available online at https://
parkplanning.nps.gov/whis by clicking
the link entitled ‘‘All Docs & Projects,’’
then clicking the link entitled
‘‘Whiskeytown NRA Trails Management
Plan,’’ and then clicking the link
entitled ‘‘Document List.’’
Instructions: Comments will not be
accepted by fax, email, or in any way
other than those specified above. All
submissions received must include the
words ‘‘National Park Service’’ or
‘‘NPS’’ and must include the docket
number or RIN (1024–AE52) for this
rulemaking. Comments received may be
posted without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov and search for
‘‘1024–AE52’’.
FOR FURTHER INFORMATION CONTACT:
Laura Shaskey, Division Manager,
Resources and Interpretation,
Whiskeytown National Recreation Area;
phone: 530–242–3457; email: Laura_
Shaskey@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. In
VerDate Sep<11>2014
21:44 Dec 27, 2024
Jkt 265001
compliance with the Providing
Accountability Through Transparency
Act of 2023, the plain language
summary of the proposal is available on
Regulations.gov in the docket for this
rulemaking.
SUPPLEMENTARY INFORMATION:
Background
Purpose and Management Authority for
the Recreation Area
Congress established the
Whiskeytown-Shasta-Trinity National
Recreation Area in 1965 for public
outdoor recreation, use and enjoyment.
16 U.S.C. 460q. Congress directed the
Secretary of the Interior to administer
the Whiskeytown unit and directed the
Secretary of Agriculture to administer
the Shasta and Trinity units. The
National Park Service (NPS) administers
the Whiskeytown unit, on the behalf of
the Secretary of the Interior, as the
Whiskeytown National Recreation Area
(referred to in this document as the
‘‘recreation area’’). The U.S. Forest
Service manages the Shasta and Trinity
units, on behalf of the Secretary of
Agriculture, as the Shasta-Trinity
National Recreation Area. Each bureau
is required to administer their units in
a manner that will best provide for
public outdoor recreation benefits and
conserve the scenic, scientific, historic,
and other values that contribute to
public enjoyment. 16 U.S.C. 460q–3. 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 that it
administers as part of the National Park
System. See 54 U.S.C. 100101;
100751(a).
Significance and Visitor Use of the
Recreation Area
The recreation area encompasses
42,497 acres in Shasta County, nestled
within the Klamath Mountains in
Northern California. The recreation area
has diverse ecosystems ranging from oak
scrubland to dense coniferous forests,
with elevations ranging from 800 feet in
lower Clear Creek to more than 6,200
feet atop Shasta Bally. This dynamic
landscape, range in elevation, rugged
topography, and numerous soil types
contribute to a rich biodiversity. These
habitats provide shelter and sustenance
to an abundant and diverse wildlife
community, including numerous
species of concern and other rare
species. High-elevation forests have
been profoundly influenced by wildland
fire. Fire management continues to play
a key role in the preservation and
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
restoration of natural communities in
the recreation area.
The recreation area includes
significant cultural resources. For
thousands of years before the arrival of
European Americans, the Wintu People
and their ancestors lived in villages
along Clear Creek and its tributaries.
Archeological remains document their
extensive habitation and use of the land,
and traditional ties to the recreational
area remain among contemporary
Wintu. In the early part of the 19th
century, European explorers and
trappers began visiting the upper
Sacramento Valley and Wintu
homelands. They were soon followed by
parties of settlers on their way to central
California and Oregon, and in 1848 gold
was discovered on Clear Creek just
south of the recreation area. During the
100-year gold rush, lands within the
recreation area were subject to intensive
mining exploration and development.
This history of mining is evident
throughout the recreation area.
In the early 1900s, the United States
Government began establishing the
Central Valley Project to manage the
water of the Sacramento River and
provide for its use in the Central Valley
of California. The construction of
Whiskeytown Dam in 1962 created
Whiskeytown Lake. With 36 miles of
shoreline, the crystal-clear water of
Whiskeytown Lake is perhaps the most
recognized feature of the recreation area.
Due to its forested, mountain setting and
consistent water level, the lake provides
high-quality recreational opportunities
throughout the primary recreation
season. Visitors enjoy swimming,
beaches, lakeside camping, boating,
sport fishing, and picnicking. Beyond
the shoreline of the lake, the rugged
canyons, forests, streams, and waterfalls
within the recreation area provide
visitors with outstanding recreational
opportunities. An extensive trail system
allows visitors to experience a variety of
forested terrain for birdwatching,
camping, picnicking, wildlife viewing,
hiking, horseback riding, and bicycling.
Trails are located primarily upon
historic logging and mining
infrastructure south, east, and west of
Whiskeytown Lake. In total, more than
800,000 visitors come to enjoy the
recreation area each year, including
casual sightseers, experienced
adventurers and everyone in between.
Bicycle Use in the Recreation Area
Bicycle use has occurred in the
recreation areas for several decades.
Today, bicycles are used on roads that
are open to public motor vehicle use, on
42.2 miles of administrative roads that
are closed to motor vehicle use by the
E:\FR\FM\30DEP1.SGM
30DEP1
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
public but open to motor vehicle use by
the NPS for administrative purposes,
and on the majority of trails in the
existing trail system. Public roads,
administrative roads, and trails that are
open to traditional bicycles are also
open to Class 1 electric bicycles, which
are defined in NPS regulations as an
electric bicycle equipped with a motor
that provides assistance only when the
rider is pedaling, and that ceases to
provide assistance when the bicycle
reaches the speed of 20 miles per hour.
Class 2 and 3 electric bicycles are not
allowed on trails or administrative roads
within the recreation area, however they
are permitted on roads that are open to
public motor vehicle use. The trails
identified below are closed to bicycle
use:
• All portions of the Shasta Divide
Nature Trail between Kennedy
Memorial Drive and Whiskeytown Lake.
• All portions of the Davis Gulch
Trail between the trailheads at Kennedy
Memorial Drive and the Brandy Creek
Day Use Area.
• All portions of the Crystal Creek
Water Ditch Trail.
• James K. Carr Trail to Whiskeytown
Falls (from Mill Creek Trail junction to
the falls).
• Boulder Creek Falls Trail.
• The portion of Brandy Creek Falls
Trail beyond the intersection with Rich
Gulch Trail.
Other trails in the network are
reserved for use by the Whiskeytown
Environmental School (WES) and are
not open to the public. These WES-only
trails are the Ladybug Lane Trail,
Martha’s Ditch Trail and the Ridge Trail.
Trails Management Plan Environmental
Assessment
With the growth of the city of Redding
eight miles to the east, the recreation
area has transitioned from a wildland
setting to an urban location that offers
recreation opportunities for the largest
metropolitan area in the northern
Sacramento Valley. Facilities and
infrastructure within the recreation
areas were primarily constructed in the
1960s and were not designed to
accommodate current levels of
visitation. To address emerging
management challenges and
accommodate current levels of
visitation, the NPS initiated a
comprehensive trail management
project to help guide, plan, and manage
trail use and maintenance within the
recreation area. In 2017 the NPS sought
public input on the existing trail system.
The NPS used this input to develop
preliminary alternatives for a trails
management plan. In 2018 the Carr Fire
burned approximately 39,000 out of
VerDate Sep<11>2014
21:44 Dec 27, 2024
Jkt 265001
42,000 acres within the recreation area.
To date, this is the most destructive fire
in the history of the National Park
System. The entire recreation area was
closed and NPS resources were diverted
to the rebuilding effort. NPS staff,
partners, and contractors have made
significant headway in rebuilding lost
infrastructure and reopening much of
the recreation area. As of August 2024
approximately 9% of the trails remain
closed because of the fire. The NPS will
continue to reopen trails provided there
are no safety or resource issues
associated with using the trails after the
fire.
In 2020 the NPS restarted the trail
planning process, with alternatives that
were revised to reflect the changed
landscape and address the need for long
term solutions to poorly designed and
unsustainable trails. On June 8, 2021,
the NPS published the Trails
Management Plan and Environmental
Assessment and accepted public
comments for 30 days. In February 2022
the NPS issued a revised Trails
Management Plan and Environmental
Assessment (EA) to reflect updated trail
mileages and additional best
management practices. The EA
describes one action alternative (the
preferred alternative) and the no-action
alternative. The no-action alternative
would continue the existing
management of the trail system into the
future. The action alternative would
involve trail construction, including
building new trails, rerouting some
existing trails, and restoring other
existing trails to natural condition. The
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 on each trail. The EA
contains a full description of the
purpose and need for taking action, the
alternatives considered, a map of the
affected area, and the environmental
impacts associated with the project.
On March 11, 2022, the Regional
Director for DOI Unified Regions 8, 9, 10
and 12 signed a Finding of No
Significant Impact (FONSI) that
identified the preferred alternative in
the EA as the selected alternative.1 Trail
1 During the NEPA process, the NPS evaluated the
impacts of bicycle use on all trails where the NPS
proposes to authorize their use in this rulemaking.
The NPS acknowledges minor trail mileage
discrepancies between the FONSI and this
proposed rule. Small discrepancies in GIS estimates
are reasonable and expected. The differing mileage
estimates between documents are a result of simple
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
106395
work will occur on approximately 32.8
miles of trails and will include minor
improvements to existing trails, the
construction of new multiuse trails, the
rerouting of some existing trails, and
trail closures and restoration to natural
conditions. The longest new trail, the
proposed lakefront trail, will be
approximately 8 miles in length and
improve access to the lake. The NPS
will also establish a new trail along the
Shasta Divide at the east side of the
recreation area, offering views of Mount
Shasta and the Lassen Peak. The NPS
also will formalize three social trails by
merging them into one mile of new trail.
All of the new trails will connect to
existing trails to create more trail loops.
The new trails will generate
opportunities for new and diverse
visitor experiences in different locations
in the recreation area.
The NPS will reroute seven multiuse
trails because the existing routes have
become unsustainable due to erosive
soils or soil compaction, steep
alignment, and undesirable visitor
experiences. The new routes will have
a more sustainable alignment and
capacity for use. Other trails totaling 5.1
miles will be closed and not rerouted,
which will allow those areas to return
to their natural condition. In total, the
selected alternative will expand the trail
network and result in approximately
79.8 miles of trails open to bicycle use
within the recreation area.
NPS Management of Bicycle Use
From 1966 until 1987 NPS regulations
allowed bicycles on trails in recreation
areas unless they were restricted by
posted signs or markings on a map. See
31 FR 16650 (December 29, 1966) and
39 FR 11882 (April 1, 1974). In 1987 the
NPS replaced what had been an ‘‘open
unless closed’’ management framework
for bicycle use in recreation areas with
a framework that required that the NPS
promulgate a special regulation in order
to allow bicycles in any System unit on
routes outside of developed areas and
special use zones. Further, routes could
only be designated for bicycle use upon
a determination that such use was
consistent with the protection of a park
area’s natural scenic and aesthetic
values, safety considerations and
management objectives and would not
disturb wildlife or park resources. See
52 FR 10685 (April 2, 1987).
In 2012 the NPS amended its
regulations for bicycle use again. These
amended regulations are in place today
and are codified at 36 CFR 4.30. These
regulations focus on planning and
addition and rounding errors as well as improved
data quality and increased accuracy in GIS layers.
E:\FR\FM\30DEP1.SGM
30DEP1
ddrumheller on DSK120RN23PROD with PROPOSALS1
106396
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Proposed Rules
environmental compliance under the
National Environmental Policy Act
(NEPA). Bicycles are allowed by default
on park roads and parking areas open to
public motor vehicles. Bicycles may be
allowed on administrative roads that are
closed to motor vehicle use by the
public but open to motor vehicle use by
the NPS for administrative purposes,
but only after the Superintendent makes
the same determination that has been
required since 1987 (see above). The use
of bicycles on trails is subject to a
thorough review and approval process.
The NPS must complete a planning
process that evaluates bicycle use on
each specific trail, including impacts to
trail surface and soil conditions,
maintenance costs, safety
considerations, potential user conflicts,
and methods to protect resources and
mitigate impacts. The NPS also must
complete either an environmental
assessment or environmental impact
statement that concludes that bicycle
use in the park and on each specific trail
will have no significant impacts on the
environment. If an environmental
assessment is prepared, the public must
be notified and provided 30 days to
review and comment. In addition to the
planning and NEPA compliance
documents (which are typically the
same document), the Superintendent
must prepare and the regional director
must approve the same written
determination about bicycle use that is
required for administrative roads. For
existing trails or new trails within
developed areas, the NPS must publish
the written determination in the Federal
Register for a 30-day public comment
period. For all trails, including new
trails outside of developed areas, the
Regional Director must approve the
written determination. For new trails
outside of developed areas, the NPS
must publish a special regulation
designating the trails for bicycle use,
which is subject to a separate noticeand-comment period under the
Administrative Procedure Act. 5 U.S.C.
553(b). New trails, whether they are in
developed areas or not, must be
developed and constructed in
accordance with appropriate sustainable
trail design principles and guidelines.
Adherence to the procedures in these
regulations helps ensure that bicycles
are allowed only in locations where, in
the judgment of the NPS, their use is
appropriate and will not cause
unacceptable impacts.
Proposed Rule
Compliance With NPS Regulations
This proposed rule would authorize
the Superintendent to allow bicycles, by
VerDate Sep<11>2014
21:44 Dec 27, 2024
Jkt 265001
designation in the Superintendent’s
Compendium, on all of the trails where
bicycles would be allowed under the
selected alternative. This includes
existing trails that are not being
rerouted, existing trails that are being
rerouted, 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, the NPS
proposes to include those trails in the
special regulation so that all of the trails
that may be designated for bicycle use
are identified in one place. The NPS
expects this approach to increase
compliance with the regulations by
making it easier for visitors to
understand where bicycles are allowed
and how they can be used.
The EA constitutes the planning
document and evaluates the criteria
required by the regulations at 36 CFR
4.30. The no action alternative evaluates
continued bicycle use on existing trails
that will not be rerouted; and the action
alternative evaluates the rerouting of
existing trails and construction of new
trails, plus the impact of bicycle use on
those trails. The FONSI concludes that
the development and use of the new
trail system would not significantly
affect the quality of the human
environment.
The Superintendent of the recreation
area has signed a written determination
that bicycle use on all of the trails where
bicycles would be allowed under the
selected alternative is consistent with
the protection of the park’s natural,
scenic, and aesthetic values; safety
considerations; management objectives;
and will not disturb wildlife or park
resources. This written determination is
available on the recreation area’s
planning website at https://
parkplanning.nps.gov/whis by clicking
the link entitled ‘‘All Docs & Projects,’’
then clicking the link entitled
‘‘Whiskeytown NRA Trails Management
Plan,’’ and then clicking the link
entitled ‘‘Document List.’’ The NPS is
not publishing the written
determination separately in the Federal
Register but welcomes comments on the
written determination during the public
comment period for this proposed rule,
and will consider those comments
before submitting the written
determination to the Regional Director
for approval. The written determination
also determines that continued bicycle
use on administrative roads within the
recreation area is consistent with the
protection of the park’s natural, scenic,
and aesthetic values; safety
considerations; management objectives;
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
and will not disturb wildlife or park
resources.
Content of the Proposed Rule
This proposed rule would add a new
paragraph (e) to 36 CFR 7.91, which
contains the special regulations for the
recreation area. The proposed rule
would authorize the Superintendent to
designate 79.8 miles of trails within the
recreation area for bicycle use. The
proposed rule would require the
Superintendent to notify the public of
any designated trails through one or
more of the methods identified in 36
CFR 1.7 and to identify the designated
trails on maps available at visitor
centers and on the recreation area’s
website (https://www.nps.gov/whis).
The proposed rule would authorize the
Superintendent to limit, restrict, or
impose conditions on bicycle use, or
close any trail to bicycle use, or
terminate such limits, restrictions,
conditions or closures, after considering
public health and safety, resources
protection, and other management
activities and objectives. Pursuant to 36
CFR 4.30(i), the Superintendent may
allow electric bicycles on any trails that
are open to traditional bicycles, and will
notify the public pursuant to 36 CFR 1.7
if electric bicycles are so allowed.
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 proposed 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
proposed rule is not significant.
E:\FR\FM\30DEP1.SGM
30DEP1
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Proposed Rules
Regulatory Flexibility Act (5 U.S.C. 601
et seq.)
This proposed rule would not have a
significant economic effect on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). This certification is
based on information contained in the
economic analyses found in the report
entitled ‘‘Cost-Benefit and Regulatory
Flexibility Threshold Analyses:
Proposed Special Regulations to
Designate New and Existing Trails for
Bicycle Use at Whiskeytown National
Recreation Area.’’ The report may be
viewed on the recreation area’s planning
website at https://
parkplanning.nps.gov/whis by clicking
the link entitled ‘‘All Docs & Projects,’’
then clicking the link entitled
‘‘Whiskeytown NRA Trails Management
Plan,’’ and then clicking the link
entitled ‘‘Document List.’’
Congressional Review Act (CRA)
This proposed rule is not a major rule
under 5 U.S.C. 804(2). This rulemaking:
(a) Does not have an annual effect on
the economy of $100 million or more.
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions.
(c) Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
ddrumheller on DSK120RN23PROD with PROPOSALS1
Unfunded Mandates Reform Act (2
U.S.C. 1501 et seq.)
This proposed rule does not impose
an unfunded mandate on State, local, or
Tribal governments or the private sector
of more than $100 million per year. The
proposed rule does not have a
significant or unique effect on State,
local or Tribal governments or the
private sector. It addresses public use of
national park lands and imposes no
requirements on other agencies or
governments. A statement containing
the information required by the
Unfunded Mandates Reform Act (2
U.S.C. 1531 et seq.) is not required.
Takings (Executive Order 12630)
This rulemaking does not affect 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
VerDate Sep<11>2014
21:44 Dec 27, 2024
Jkt 265001
of a federalism summary impact
statement. This proposed 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 rulemaking:
(a) Meets the criteria of section 3(a)
requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and
(b) Meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
Consultation With Indian Tribes
(Executive Order 13175 and Department
Policy)
The Department of the Interior strives
to strengthen its government-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 proposed rule
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 proposed 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-togovernment consultation, during the EA
process, the NPS worked with the
Native American Heritage Commission
(NAHC) to identify Tribal partners that
may be interested in the trails
management plan. The NPS shared
information about the proposed action
and copies of the draft trails
management plan/EA with one federally
recognized American Indian Tribe
identified by the NAHC and five nonfederally recognized Tribal groups.
These Tribes are the Shasta Nation, NorRel-Muk Nation, Redding Rancheria,
Winnemem Wintu Tribe, Wintu Tribe of
Northern California, and Toyon-Wintu
Center Wintu Educational and Cultural
Council. The proposed new trails and
trail reroutes under the selected action
alternative would not impact known
ethnographic resources or impede
tribes’ ability to utilize Whiskeytown for
traditional purposes. The proposed trail
construction activities and routes would
be designed to avoid known
ethnographic resources in consultation
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
106397
with tribes. The NPS informed Tribal
partners that the trails management plan
requires regular consultation for
individual actions in accordance with
section 106 of the National Historic
Preservation Act under 36 CFR part 800.
Additional details about Tribal
consultation are available in chapter 4
of the EA.
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.)
This proposed rule does not contain
information collection requirements,
and a submission to the Office of
Management and Budget under the
Paperwork Reduction Act is not
required. 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 EA to
determine whether this proposed rule
will have a significant impact on the
quality of the human environment
under the National Environmental
Policy Act of 1969. This proposed rule
would not constitute a major Federal
action significantly affecting the quality
of the human environment. A detailed
statement under the NEPA is not
required because of the FONSI. A copy
of the EA and FONSI can be found
online at https://parkplanning.nps.gov/
whis by clicking the link entitled ‘‘All
Docs & Projects,’’ then clicking the link
entitled ‘‘Whiskeytown NRA Trails
Management Plan,’’ and then clicking
the link entitled ‘‘Document List.’’
Effects on the Energy Supply (Executive
Order 13211)
This proposed rule is not a significant
energy action under the definition in
Executive Order 13211; the proposed
rule is not likely to have a significant
adverse effect on the supply,
distribution, or use of energy, and the
proposed rule has not otherwise been
designated by the Administrator of
OIRA as a significant energy action. A
Statement of Energy Effects in not
required.
Clarity of This Rule
The NPS is required by Executive
Orders 12866 (section 1(b)(12)) and
12988 (section 3(b)(1)(B)), and 13563
(section 1(a)), and by the Presidential
Memorandum of June 1, 1998, to write
all rules in plain language. This means
that each rule the NPS publishes must:
(a) Be logically organized;
(b) Use the active voice to address
readers directly;
E:\FR\FM\30DEP1.SGM
30DEP1
106398
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Proposed Rules
(c) Use common, everyday words and
clear language rather than jargon;
(d) Be divided into short sections and
sentences; and
(e) Use lists and tables wherever
possible.
If you feel that the NPS has not met
these requirements, send us comments
by one of the methods listed in the
ADDRESSES section. To better help the
NPS revise the proposed rule, your
comments should be as specific as
possible. For example, you should
identify the numbers of the sections or
paragraphs that you find unclear, which
sections or sentences are too long, the
sections where you feel lists or tables
would be useful, etc.
Public Participation
It is the policy of the Department of
the Interior, whenever practicable, to
afford the public an opportunity to
participate in the rulemaking process.
Accordingly, interested persons may
submit written comments regarding this
proposed rule by one of the methods
listed in the ADDRESSES section of this
document.
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
List of Subjects in 36 CFR Part 7
National parks, Reporting and
recordkeeping requirements.
In consideration of the foregoing, the
National Park Service proposes to
amend 36 CFR part 7 as set forth below:
PART 7—SPECIAL REGULATIONS,
AREAS OF THE NATIONAL PARK
SYSTEM
1. The authority citation for part 7
continues to read as follows:
■
Authority: 54 U.S.C. 100101, 100751,
320102; Sec. 7.96 also issued under D.C.
Code 10–137 and D.C. Code 50–2201.07.
2. Amend § 7.91 by adding paragraph
(e) to read as follows:
ddrumheller on DSK120RN23PROD with PROPOSALS1
■
§ 7.91 Whiskeytown Unit, WhiskeytownShasta-Trinity National Recreation Area.
*
*
*
*
*
(e) Bicycle Use. (1) The
Superintendent may designate all or a
portion of the following trails as open to
bicycle use:
(i) Boulder Creek Trail (approximately
3.8 miles).
(ii) Brandy Creek Falls Trail
(approximately 1.1 miles between the
VerDate Sep<11>2014
21:44 Dec 27, 2024
Jkt 265001
trailhead and Rich Gulch Trail
intersection).
(iii) Brandy Creek PicnicTrail
(approximately 0.3 miles).
(iv) Brandy Creek RV Trail
(approximately 0.2 miles).
(v) Brandy Creek Trail (approximately
2.0 miles).
(vi) Buck Hollow Trail (approximately
1.0 miles).
(vii) Camden Water Ditch Trail
(approximately 1.1 miles).
(viii) Clear Creek Canal Trail
(approximately 5.2 miles).
(ix) Clear Creek Picnic Trail
(approximately 0.3 miles).
(x) Clear Creek Vista Trail
(approximately 2.5 miles).
(xi) Crystal Creek Falls Trail
(approximately 0.5 miles).
(xii) Crystal Creek Trail
(approximately 2.3 miles).
(xiii) East Boundary Vista Trail
(approximately 1.4 miles).
(xiv) Guardian Rock Equestrian Trail
(approximately 1.3 miles).
(xv) Horse Camp Trail (approximately
0.4 miles).
(xvi) Hydraulic Mine Trail
(approximately 0.5 miles).
(xvii) James K.CarrTrail
(approximately 0.4 miles between the
trailhead and Mill Creek Trail
intersection).
(xviii) Kanaka Peak Trail
(approximately 3.3 miles).
(xix) KnobconeTrail (approximately
0.3 miles).
(xx) Ladybug Lane Trail
(approximately 0.3 miles, Whiskeytown
Environmental School use only).
(xxi) Logging Camp Trail
(approximately 0.9 miles).
(xxii) Martha’s Ditch Trail
(approximately 2.5 miles, Whiskeytown
Environmental School use only).
(xxiii) Mill Creek Trail (approximately
3.9 miles).
(xxiv) Mount Shasta Mine Loop Trail
(approximately 5.0 miles).
(xxv) Mule Mountain Loop Trail
(approximately 1.2 miles).
(xxvi) Mule Mountain Pass Trail
(approximately 1.3 miles).
(xxvii) Oak Bottom Water Ditch Trail
(approximately 2.8 miles).
(xxviii) Orofino Trail (approximately
0.3 miles).
(xxix) Papoose Connector Trail
(approximately 0.2 miles).
(xxx) Papoose Pass Trail
(approximately 5.2 miles).
(xxxi) Peltier Bridge Trail
(approximately 0.6 miles).
(xxxii) Peltier Trail (approximately
2.5 miles).
(xxxiii) Princess Ditch Trail
(approximately 2.1 miles).
(xxxiv) Prospect Trail (approximately
1.1 miles).
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
(xxxv) Rich Gulch Trail
(approximately 2.4 miles).
(xxxvi) Ridge Trail (approximately 1.8
miles, Whiskeytown Environmental
School use only).
(xxxvii) Salt Gulch Trail
(approximately 2.0 miles, connecting
Peltier Trail to Rich Gulch Trail).
(xxxviii) Shasta Divide Trail
(approximately 7.0 miles, connecting
the Visitor Center with the NPS and
BLM trail system in the area of Mule
Mountain).
(xxxix) Tower Grave Trail
(approximately 0.2 miles).
(xl) WES Camp Emergency Access
Road (approximately 0.6 miles).
(xli) Whiskeytown Lake Trail
(approximately 8.0 miles, connecting
the Brandy Creek area with Carr
Powerhouse area).
(2) The Superintendent may authorize
bicycle use on administrative roads
within the recreation area pursuant to
§ 4.30(b) of this chapter.
(3) A map showing trails and
administrative roads 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 and administrative roads
designated for bicycle use in accordance
with § 1.7 of this chapter.
(4) 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 Estenoz,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2024–31207 Filed 12–27–24; 8:45 am]
BILLING CODE 4312–52–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2024–0529; FRL–12471–
02–R5]
Air Plan Approval; Ohio; Nitrogen
Oxide Standards Rules
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Ohio State
Implementation Plan (SIP) submitted by
the Ohio Environmental Protection
SUMMARY:
E:\FR\FM\30DEP1.SGM
30DEP1
Agencies
[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Proposed Rules]
[Pages 106393-106398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31207]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-WHIS-NPS38501; PX.P0234207B.00.1-PPPWWHISM0-PFE00FEPR.YP0000]
RIN 1024-AE52
Whiskeytown Unit, Whiskeytown-Shasta-Trinity National Recreation
Area; Bicycling
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The National Park Service proposes to amend the special
regulations for Whiskeytown National
[[Page 106394]]
Recreation Area to allow bicycle use on approximately 79.8 miles of
multi-use trails. National Park Service regulations require
promulgation of a special regulation to allow bicycles on new trails
outside of developed areas and for existing trails that require
construction or significant modification to accommodate bicycles.
DATES: Comments on the proposed rule must be received by 11:59 p.m. EDT
on February 28, 2025.
ADDRESSES: You may submit comments, identified by Regulation Identifier
Number (RIN) 1024-AE52, by either of the following methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments.
(2) By hard copy: Mail to: Superintendent, Whiskeytown National
Recreation Area, P.O. Box 188, Whiskeytown, CA 96095.
Document Availability: The Trails Management Plan and Environmental
Assessment and the Finding of No Significant Impact provide information
and context for this proposed rule and are available online at https://parkplanning.nps.gov/whis by clicking the link entitled ``All Docs &
Projects,'' then clicking the link entitled ``Whiskeytown NRA Trails
Management Plan,'' and then clicking the link entitled ``Document
List.''
Instructions: Comments will not be accepted by fax, email, or in
any way other than those specified above. All submissions received must
include the words ``National Park Service'' or ``NPS'' and must include
the docket number or RIN (1024-AE52) for this rulemaking. Comments
received may be posted without change to https://www.regulations.gov,
including any personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov and search for
``1024-AE52''.
FOR FURTHER INFORMATION CONTACT: Laura Shaskey, Division Manager,
Resources and Interpretation, Whiskeytown National Recreation Area;
phone: 530-242-3457; email: [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.
In compliance with the Providing Accountability Through Transparency
Act of 2023, the plain language summary of the proposal is available on
Regulations.gov in the docket for this rulemaking.
SUPPLEMENTARY INFORMATION:
Background
Purpose and Management Authority for the Recreation Area
Congress established the Whiskeytown-Shasta-Trinity National
Recreation Area in 1965 for public outdoor recreation, use and
enjoyment. 16 U.S.C. 460q. Congress directed the Secretary of the
Interior to administer the Whiskeytown unit and directed the Secretary
of Agriculture to administer the Shasta and Trinity units. The National
Park Service (NPS) administers the Whiskeytown unit, on the behalf of
the Secretary of the Interior, as the Whiskeytown National Recreation
Area (referred to in this document as the ``recreation area''). The
U.S. Forest Service manages the Shasta and Trinity units, on behalf of
the Secretary of Agriculture, as the Shasta-Trinity National Recreation
Area. Each bureau is required to administer their units in a manner
that will best provide for public outdoor recreation benefits and
conserve the scenic, scientific, historic, and other values that
contribute to public enjoyment. 16 U.S.C. 460q-3. 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 that it
administers as part of the National Park System. See 54 U.S.C. 100101;
100751(a).
Significance and Visitor Use of the Recreation Area
The recreation area encompasses 42,497 acres in Shasta County,
nestled within the Klamath Mountains in Northern California. The
recreation area has diverse ecosystems ranging from oak scrubland to
dense coniferous forests, with elevations ranging from 800 feet in
lower Clear Creek to more than 6,200 feet atop Shasta Bally. This
dynamic landscape, range in elevation, rugged topography, and numerous
soil types contribute to a rich biodiversity. These habitats provide
shelter and sustenance to an abundant and diverse wildlife community,
including numerous species of concern and other rare species. High-
elevation forests have been profoundly influenced by wildland fire.
Fire management continues to play a key role in the preservation and
restoration of natural communities in the recreation area.
The recreation area includes significant cultural resources. For
thousands of years before the arrival of European Americans, the Wintu
People and their ancestors lived in villages along Clear Creek and its
tributaries. Archeological remains document their extensive habitation
and use of the land, and traditional ties to the recreational area
remain among contemporary Wintu. In the early part of the 19th century,
European explorers and trappers began visiting the upper Sacramento
Valley and Wintu homelands. They were soon followed by parties of
settlers on their way to central California and Oregon, and in 1848
gold was discovered on Clear Creek just south of the recreation area.
During the 100-year gold rush, lands within the recreation area were
subject to intensive mining exploration and development. This history
of mining is evident throughout the recreation area.
In the early 1900s, the United States Government began establishing
the Central Valley Project to manage the water of the Sacramento River
and provide for its use in the Central Valley of California. The
construction of Whiskeytown Dam in 1962 created Whiskeytown Lake. With
36 miles of shoreline, the crystal-clear water of Whiskeytown Lake is
perhaps the most recognized feature of the recreation area. Due to its
forested, mountain setting and consistent water level, the lake
provides high-quality recreational opportunities throughout the primary
recreation season. Visitors enjoy swimming, beaches, lakeside camping,
boating, sport fishing, and picnicking. Beyond the shoreline of the
lake, the rugged canyons, forests, streams, and waterfalls within the
recreation area provide visitors with outstanding recreational
opportunities. An extensive trail system allows visitors to experience
a variety of forested terrain for birdwatching, camping, picnicking,
wildlife viewing, hiking, horseback riding, and bicycling. Trails are
located primarily upon historic logging and mining infrastructure
south, east, and west of Whiskeytown Lake. In total, more than 800,000
visitors come to enjoy the recreation area each year, including casual
sightseers, experienced adventurers and everyone in between.
Bicycle Use in the Recreation Area
Bicycle use has occurred in the recreation areas for several
decades. Today, bicycles are used on roads that are open to public
motor vehicle use, on 42.2 miles of administrative roads that are
closed to motor vehicle use by the
[[Page 106395]]
public but open to motor vehicle use by the NPS for administrative
purposes, and on the majority of trails in the existing trail system.
Public roads, administrative roads, and trails that are open to
traditional bicycles are also open to Class 1 electric bicycles, which
are defined in NPS regulations as an electric bicycle equipped with a
motor that provides assistance only when the rider is pedaling, and
that ceases to provide assistance when the bicycle reaches the speed of
20 miles per hour. Class 2 and 3 electric bicycles are not allowed on
trails or administrative roads within the recreation area, however they
are permitted on roads that are open to public motor vehicle use. The
trails identified below are closed to bicycle use:
All portions of the Shasta Divide Nature Trail between
Kennedy Memorial Drive and Whiskeytown Lake.
All portions of the Davis Gulch Trail between the
trailheads at Kennedy Memorial Drive and the Brandy Creek Day Use Area.
All portions of the Crystal Creek Water Ditch Trail.
James K. Carr Trail to Whiskeytown Falls (from Mill Creek
Trail junction to the falls).
Boulder Creek Falls Trail.
The portion of Brandy Creek Falls Trail beyond the
intersection with Rich Gulch Trail.
Other trails in the network are reserved for use by the Whiskeytown
Environmental School (WES) and are not open to the public. These WES-
only trails are the Ladybug Lane Trail, Martha's Ditch Trail and the
Ridge Trail.
Trails Management Plan Environmental Assessment
With the growth of the city of Redding eight miles to the east, the
recreation area has transitioned from a wildland setting to an urban
location that offers recreation opportunities for the largest
metropolitan area in the northern Sacramento Valley. Facilities and
infrastructure within the recreation areas were primarily constructed
in the 1960s and were not designed to accommodate current levels of
visitation. To address emerging management challenges and accommodate
current levels of visitation, the NPS initiated a comprehensive trail
management project to help guide, plan, and manage trail use and
maintenance within the recreation area. In 2017 the NPS sought public
input on the existing trail system. The NPS used this input to develop
preliminary alternatives for a trails management plan. In 2018 the Carr
Fire burned approximately 39,000 out of 42,000 acres within the
recreation area. To date, this is the most destructive fire in the
history of the National Park System. The entire recreation area was
closed and NPS resources were diverted to the rebuilding effort. NPS
staff, partners, and contractors have made significant headway in
rebuilding lost infrastructure and reopening much of the recreation
area. As of August 2024 approximately 9% of the trails remain closed
because of the fire. The NPS will continue to reopen trails provided
there are no safety or resource issues associated with using the trails
after the fire.
In 2020 the NPS restarted the trail planning process, with
alternatives that were revised to reflect the changed landscape and
address the need for long term solutions to poorly designed and
unsustainable trails. On June 8, 2021, the NPS published the Trails
Management Plan and Environmental Assessment and accepted public
comments for 30 days. In February 2022 the NPS issued a revised Trails
Management Plan and Environmental Assessment (EA) to reflect updated
trail mileages and additional best management practices. The EA
describes one action alternative (the preferred alternative) and the
no-action alternative. The no-action alternative would continue the
existing management of the trail system into the future. The action
alternative would involve trail construction, including building new
trails, rerouting some existing trails, and restoring other existing
trails to natural condition. The 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 on each
trail. The EA contains a full description of the purpose and need for
taking action, the alternatives considered, a map of the affected area,
and the environmental impacts associated with the project.
On March 11, 2022, the Regional Director for DOI Unified Regions 8,
9, 10 and 12 signed a Finding of No Significant Impact (FONSI) that
identified the preferred alternative in the EA as the selected
alternative.\1\ Trail work will occur on approximately 32.8 miles of
trails and will include minor improvements to existing trails, the
construction of new multiuse trails, the rerouting of some existing
trails, and trail closures and restoration to natural conditions. The
longest new trail, the proposed lakefront trail, will be approximately
8 miles in length and improve access to the lake. The NPS will also
establish a new trail along the Shasta Divide at the east side of the
recreation area, offering views of Mount Shasta and the Lassen Peak.
The NPS also will formalize three social trails by merging them into
one mile of new trail. All of the new trails will connect to existing
trails to create more trail loops. The new trails will generate
opportunities for new and diverse visitor experiences in different
locations in the recreation area.
---------------------------------------------------------------------------
\1\ During the NEPA process, the NPS evaluated the impacts of
bicycle use on all trails where the NPS proposes to authorize their
use in this rulemaking. The NPS acknowledges minor trail mileage
discrepancies between the FONSI and this proposed rule. Small
discrepancies in GIS estimates are reasonable and expected. The
differing mileage estimates between documents are a result of simple
addition and rounding errors as well as improved data quality and
increased accuracy in GIS layers.
---------------------------------------------------------------------------
The NPS will reroute seven multiuse trails because the existing
routes have become unsustainable due to erosive soils or soil
compaction, steep alignment, and undesirable visitor experiences. The
new routes will have a more sustainable alignment and capacity for use.
Other trails totaling 5.1 miles will be closed and not rerouted, which
will allow those areas to return to their natural condition. In total,
the selected alternative will expand the trail network and result in
approximately 79.8 miles of trails open to bicycle use within the
recreation area.
NPS Management of Bicycle Use
From 1966 until 1987 NPS regulations allowed bicycles on trails in
recreation areas unless they were restricted by posted signs or
markings on a map. See 31 FR 16650 (December 29, 1966) and 39 FR 11882
(April 1, 1974). In 1987 the NPS replaced what had been an ``open
unless closed'' management framework for bicycle use in recreation
areas with a framework that required that the NPS promulgate a special
regulation in order to allow bicycles in any System unit on routes
outside of developed areas and special use zones. Further, routes could
only be designated for bicycle use upon a determination that such use
was consistent with the protection of a park area's natural scenic and
aesthetic values, safety considerations and management objectives and
would not disturb wildlife or park resources. See 52 FR 10685 (April 2,
1987).
In 2012 the NPS amended its regulations for bicycle use again.
These amended regulations are in place today and are codified at 36 CFR
4.30. These regulations focus on planning and
[[Page 106396]]
environmental compliance under the National Environmental Policy Act
(NEPA). Bicycles are allowed by default on park roads and parking areas
open to public motor vehicles. Bicycles may be allowed on
administrative roads that are closed to motor vehicle use by the public
but open to motor vehicle use by the NPS for administrative purposes,
but only after the Superintendent makes the same determination that has
been required since 1987 (see above). The use of bicycles on trails is
subject to a thorough review and approval process. The NPS must
complete a planning process that evaluates bicycle use on each specific
trail, including impacts to trail surface and soil conditions,
maintenance costs, safety considerations, potential user conflicts, and
methods to protect resources and mitigate impacts. The NPS also must
complete either an environmental assessment or environmental impact
statement that concludes that bicycle use in the park and on each
specific trail will have no significant impacts on the environment. If
an environmental assessment is prepared, the public must be notified
and provided 30 days to review and comment. In addition to the planning
and NEPA compliance documents (which are typically the same document),
the Superintendent must prepare and the regional director must approve
the same written determination about bicycle use that is required for
administrative roads. For existing trails or new trails within
developed areas, the NPS must publish the written determination in the
Federal Register for a 30-day public comment period. For all trails,
including new trails outside of developed areas, the Regional Director
must approve the written determination. For new trails outside of
developed areas, the NPS must publish a special regulation designating
the trails for bicycle use, which is subject to a separate notice-and-
comment period under the Administrative Procedure Act. 5 U.S.C. 553(b).
New trails, whether they are in developed areas or not, must be
developed and constructed in accordance with appropriate sustainable
trail design principles and guidelines. Adherence to the procedures in
these regulations helps ensure that bicycles are allowed only in
locations where, in the judgment of the NPS, their use is appropriate
and will not cause unacceptable impacts.
Proposed Rule
Compliance With NPS Regulations
This proposed rule would authorize the Superintendent to allow
bicycles, by designation in the Superintendent's Compendium, on all of
the trails where bicycles would be allowed under the selected
alternative. This includes existing trails that are not being rerouted,
existing trails that are being rerouted, 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, the NPS proposes to
include those trails in the special regulation so that all of the
trails that may be designated for bicycle use are identified in one
place. The NPS expects this approach to increase compliance with the
regulations by making it easier for visitors to understand where
bicycles are allowed and how they can be used.
The EA constitutes the planning document and evaluates the criteria
required by the regulations at 36 CFR 4.30. The no action alternative
evaluates continued bicycle use on existing trails that will not be
rerouted; and the action alternative evaluates the rerouting of
existing trails and construction of new trails, plus the impact of
bicycle use on those trails. The FONSI concludes that the development
and use of the new trail system would not significantly affect the
quality of the human environment.
The Superintendent of the recreation area has signed a written
determination that bicycle use on all of the trails where bicycles
would be allowed under the selected alternative is consistent with the
protection of the park's natural, scenic, and aesthetic values; safety
considerations; management objectives; and will not disturb wildlife or
park resources. This written determination is available on the
recreation area's planning website at https://parkplanning.nps.gov/whis
by clicking the link entitled ``All Docs & Projects,'' then clicking
the link entitled ``Whiskeytown NRA Trails Management Plan,'' and then
clicking the link entitled ``Document List.'' The NPS is not publishing
the written determination separately in the Federal Register but
welcomes comments on the written determination during the public
comment period for this proposed rule, and will consider those comments
before submitting the written determination to the Regional Director
for approval. The written determination also determines that continued
bicycle use on administrative roads within the recreation area is
consistent with the protection of the park's natural, scenic, and
aesthetic values; safety considerations; management objectives; and
will not disturb wildlife or park resources.
Content of the Proposed Rule
This proposed rule would add a new paragraph (e) to 36 CFR 7.91,
which contains the special regulations for the recreation area. The
proposed rule would authorize the Superintendent to designate 79.8
miles of trails within the recreation area for bicycle use. The
proposed rule would require the Superintendent to notify the public of
any designated trails through one or more of the methods identified in
36 CFR 1.7 and to identify the designated trails on maps available at
visitor centers and on the recreation area's website (https://www.nps.gov/whis). The proposed rule would authorize the Superintendent
to limit, restrict, or impose conditions on bicycle use, or close any
trail to bicycle use, or terminate such limits, restrictions,
conditions or closures, after considering public health and safety,
resources protection, and other management activities and objectives.
Pursuant to 36 CFR 4.30(i), the Superintendent may allow electric
bicycles on any trails that are open to traditional bicycles, and will
notify the public pursuant to 36 CFR 1.7 if electric bicycles are so
allowed.
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 proposed 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 proposed rule is not
significant.
[[Page 106397]]
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
This proposed rule would not have a significant economic effect on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). This certification is based on information
contained in the economic analyses found in the report entitled ``Cost-
Benefit and Regulatory Flexibility Threshold Analyses: Proposed Special
Regulations to Designate New and Existing Trails for Bicycle Use at
Whiskeytown National Recreation Area.'' The report may be viewed on the
recreation area's planning website at https://parkplanning.nps.gov/whis
by clicking the link entitled ``All Docs & Projects,'' then clicking
the link entitled ``Whiskeytown NRA Trails Management Plan,'' and then
clicking the link entitled ``Document List.''
Congressional Review Act (CRA)
This proposed rule is not a major rule under 5 U.S.C. 804(2). This
rulemaking:
(a) Does not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
This proposed rule does not impose an unfunded mandate on State,
local, or Tribal governments or the private sector of more than $100
million per year. The proposed rule does not have a significant or
unique effect on State, local or Tribal governments or the private
sector. It addresses public use of national park lands and imposes no
requirements on other agencies or governments. A statement containing
the information required by the Unfunded Mandates Reform Act (2 U.S.C.
1531 et seq.) is not required.
Takings (Executive Order 12630)
This rulemaking does not affect 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 proposed
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 rulemaking:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
Consultation With Indian Tribes (Executive Order 13175 and Department
Policy)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and Tribal sovereignty. The NPS has evaluated
this proposed rule 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 proposed 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 EA
process, the NPS worked with the Native American Heritage Commission
(NAHC) to identify Tribal partners that may be interested in the trails
management plan. The NPS shared information about the proposed action
and copies of the draft trails management plan/EA with one federally
recognized American Indian Tribe identified by the NAHC and five non-
federally recognized Tribal groups. These Tribes are the Shasta Nation,
Nor-Rel-Muk Nation, Redding Rancheria, Winnemem Wintu Tribe, Wintu
Tribe of Northern California, and Toyon-Wintu Center Wintu Educational
and Cultural Council. The proposed new trails and trail reroutes under
the selected action alternative would not impact known ethnographic
resources or impede tribes' ability to utilize Whiskeytown for
traditional purposes. The proposed trail construction activities and
routes would be designed to avoid known ethnographic resources in
consultation with tribes. The NPS informed Tribal partners that the
trails management plan requires regular consultation for individual
actions in accordance with section 106 of the National Historic
Preservation Act under 36 CFR part 800. Additional details about Tribal
consultation are available in chapter 4 of the EA.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This proposed rule does not contain information collection
requirements, and a submission to the Office of Management and Budget
under the Paperwork Reduction Act is not required. 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 EA to determine whether this proposed rule
will have a significant impact on the quality of the human environment
under the National Environmental Policy Act of 1969. This proposed rule
would not constitute a major Federal action significantly affecting the
quality of the human environment. A detailed statement under the NEPA
is not required because of the FONSI. A copy of the EA and FONSI can be
found online at https://parkplanning.nps.gov/whis by clicking the link
entitled ``All Docs & Projects,'' then clicking the link entitled
``Whiskeytown NRA Trails Management Plan,'' and then clicking the link
entitled ``Document List.''
Effects on the Energy Supply (Executive Order 13211)
This proposed rule is not a significant energy action under the
definition in Executive Order 13211; the proposed rule is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy, and the proposed rule has not otherwise been designated by
the Administrator of OIRA as a significant energy action. A Statement
of Energy Effects in not required.
Clarity of This Rule
The NPS is required by Executive Orders 12866 (section 1(b)(12))
and 12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule the NPS publishes must:
(a) Be logically organized;
(b) Use the active voice to address readers directly;
[[Page 106398]]
(c) Use common, everyday words and clear language rather than
jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that the NPS has not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help the NPS revise the proposed rule, your comments should be
as specific as possible. For example, you should identify the numbers
of the sections or paragraphs that you find unclear, which sections or
sentences are too long, the sections where you feel lists or tables
would be useful, etc.
Public Participation
It is the policy of the Department of the Interior, whenever
practicable, to afford the public an opportunity to participate in the
rulemaking process. Accordingly, interested persons may submit written
comments regarding this proposed rule by one of the methods listed in
the ADDRESSES section of this document.
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time.
List of Subjects in 36 CFR Part 7
National parks, Reporting and recordkeeping requirements.
In consideration of the foregoing, the National Park Service
proposes to amend 36 CFR part 7 as set forth below:
PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
0
1. The authority citation for part 7 continues to read as follows:
Authority: 54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also
issued under D.C. Code 10-137 and D.C. Code 50-2201.07.
0
2. Amend Sec. 7.91 by adding paragraph (e) to read as follows:
Sec. 7.91 Whiskeytown Unit, Whiskeytown-Shasta-Trinity National
Recreation Area.
* * * * *
(e) Bicycle Use. (1) The Superintendent may designate all or a
portion of the following trails as open to bicycle use:
(i) Boulder Creek Trail (approximately 3.8 miles).
(ii) Brandy Creek Falls Trail (approximately 1.1 miles between the
trailhead and Rich Gulch Trail intersection).
(iii) Brandy Creek PicnicTrail (approximately 0.3 miles).
(iv) Brandy Creek RV Trail (approximately 0.2 miles).
(v) Brandy Creek Trail (approximately 2.0 miles).
(vi) Buck Hollow Trail (approximately 1.0 miles).
(vii) Camden Water Ditch Trail (approximately 1.1 miles).
(viii) Clear Creek Canal Trail (approximately 5.2 miles).
(ix) Clear Creek Picnic Trail (approximately 0.3 miles).
(x) Clear Creek Vista Trail (approximately 2.5 miles).
(xi) Crystal Creek Falls Trail (approximately 0.5 miles).
(xii) Crystal Creek Trail (approximately 2.3 miles).
(xiii) East Boundary Vista Trail (approximately 1.4 miles).
(xiv) Guardian Rock Equestrian Trail (approximately 1.3 miles).
(xv) Horse Camp Trail (approximately 0.4 miles).
(xvi) Hydraulic Mine Trail (approximately 0.5 miles).
(xvii) James K.CarrTrail (approximately 0.4 miles between the
trailhead and Mill Creek Trail intersection).
(xviii) Kanaka Peak Trail (approximately 3.3 miles).
(xix) KnobconeTrail (approximately 0.3 miles).
(xx) Ladybug Lane Trail (approximately 0.3 miles, Whiskeytown
Environmental School use only).
(xxi) Logging Camp Trail (approximately 0.9 miles).
(xxii) Martha's Ditch Trail (approximately 2.5 miles, Whiskeytown
Environmental School use only).
(xxiii) Mill Creek Trail (approximately 3.9 miles).
(xxiv) Mount Shasta Mine Loop Trail (approximately 5.0 miles).
(xxv) Mule Mountain Loop Trail (approximately 1.2 miles).
(xxvi) Mule Mountain Pass Trail (approximately 1.3 miles).
(xxvii) Oak Bottom Water Ditch Trail (approximately 2.8 miles).
(xxviii) Orofino Trail (approximately 0.3 miles).
(xxix) Papoose Connector Trail (approximately 0.2 miles).
(xxx) Papoose Pass Trail (approximately 5.2 miles).
(xxxi) Peltier Bridge Trail (approximately 0.6 miles).
(xxxii) Peltier Trail (approximately 2.5 miles).
(xxxiii) Princess Ditch Trail (approximately 2.1 miles).
(xxxiv) Prospect Trail (approximately 1.1 miles).
(xxxv) Rich Gulch Trail (approximately 2.4 miles).
(xxxvi) Ridge Trail (approximately 1.8 miles, Whiskeytown
Environmental School use only).
(xxxvii) Salt Gulch Trail (approximately 2.0 miles, connecting
Peltier Trail to Rich Gulch Trail).
(xxxviii) Shasta Divide Trail (approximately 7.0 miles, connecting
the Visitor Center with the NPS and BLM trail system in the area of
Mule Mountain).
(xxxix) Tower Grave Trail (approximately 0.2 miles).
(xl) WES Camp Emergency Access Road (approximately 0.6 miles).
(xli) Whiskeytown Lake Trail (approximately 8.0 miles, connecting
the Brandy Creek area with Carr Powerhouse area).
(2) The Superintendent may authorize bicycle use on administrative
roads within the recreation area pursuant to Sec. 4.30(b) of this
chapter.
(3) A map showing trails and administrative roads 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 and administrative roads designated for bicycle use in
accordance with Sec. 1.7 of this chapter.
(4) 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 Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2024-31207 Filed 12-27-24; 8:45 am]
BILLING CODE 4312-52-P