83 FR 11650 - Special Regulations, Areas of the National Park System, Pea Ridge National Military Park; Bicycles

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 83, Issue 52 (March 16, 2018)

Page Range		11650-11652
FR Document		2018-05414

The National Park Service proposes to promulgate special regulations for Pea Ridge National Military Park to allow bicycle use on two proposed multi-use trails located within the park. One trail will be approximately 0.55 miles in length and the other will be approximately 1.17 miles in length. Both trails will require trail construction activities to accommodate bicycles and are therefore considered new trails that will be opened to bicycles. National Park Service regulations require promulgation of a special regulation to designate new trails for bicycle use off park roads and outside developed areas.

Federal Register, Volume 83 Issue 52 (Friday, March 16, 2018)

[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Proposed Rules]
[Pages 11650-11652]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-05414]

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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-PERI-24759; PPMWPERIS0 PPMPSPD1Z.YM0000]
RIN 1024-AE41

Special Regulations, Areas of the National Park System, Pea Ridge
National Military Park; Bicycles

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service proposes to promulgate special
regulations for Pea Ridge National Military Park to allow bicycle use
on two proposed multi-use trails located within the park. One trail
will be approximately 0.55 miles in length and the other will be
approximately 1.17 miles in length. Both trails will require trail
construction activities to accommodate bicycles and are therefore
considered new trails that will be opened to bicycles. National Park
Service regulations require promulgation of a special regulation to
designate new trails for bicycle use off park roads and outside
developed areas.

DATES: Comments on the proposed rule must be received by 11:59 p.m. EST
on May 15, 2018.

ADDRESSES: You may submit comments, identified by Regulation Identifier
Number (RIN) 1024-AE41, by either of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail or hand deliver to: Pea Ridge National Military Park,
15930 U.S. Hwy. 62 East, Garfield, AR 72732, Attention: Superintendent.
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-AE41) for this
rulemaking. Comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
Docket: For access to the docket to read background
documents or comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Lee Terzis, NPS Denver Service Center
Transportation Division, 1155 E Pearl St., Monticello, FL 32344. Phone
(850) 997-9972. Email: lee_terzis@nps.gov.

SUPPLEMENTARY INFORMATION:

Background

Pea Ridge National Military Park (the park), established in 1956
and opened to the public in 1963, preserves and commemorates the site
of the March 1862 Civil War battle that helped Union forces maintain
physical and political control of the State of Missouri. Administered
by the National Park Service (NPS), the 4,300-acre battlefield is
situated in the foothills of the Ozark Mountains 10 miles north of
Rogers, Arkansas, just off of U.S. Highway 62. The park is divided into
two sections: The main portion of the park is located north of U.S.
Highway 62 and encompasses a majority of the historic battleground. The
main portion consists of a dedicated series of soft surface trails for
equestrians and pedestrians, as well as the tour road, which bicyclists
share with vehicle users. The second, smaller portion is located to the
south of U.S. Highway 62 along the bluffs of Little Sugar Creek and
contains the Federal Trenches of the Union troops. This non-contiguous
section is currently accessible from a small parking lot along Sugar
Creek Road, which intersects with U.S. Highway 62, with a trail leading
to the trenches.
The park contains a portion of the northern route of the Trail of
Tears that is one of the few places the Trail of Tears passes through
Arkansas. Eleven Cherokee Removal contingents used this route from 1837
to 1839. Through the park, the Trail of Tears generally followed the
route of Telegraph Road, which is eligible for the National Register of
Historic Places.

Road and Trail System in the Park

The park contains an existing road and trail system (including the
Federal Trenches trail) that provides pedestrians, hikers, bicyclists,
and equestrians with interpretive and recreational opportunities. This
system consists of a total of 32 miles of trail, including 7.6 miles of
asphalt trail, 13.9 miles of off-road hiking trail, and 10.8 miles of
horse trail. Bicycles are allowed on roads but not on trails within the
park.
The area surrounding the park--including local communities such as
Pea Ridge, Garfield, Bentonville, Rogers, Springdale, and
Fayetteville--has experienced dynamic population growth in recent
years. Increased visitation to the park has created a need to improve
the existing road and trail system to better accommodate travel through
the park by various methods (e.g., automobile, pedestrian, equestrian,
bicycle). In addition to enhancing interpretive and recreational
opportunities, an improved road and trail system will generate
operational efficiencies. There are opportunities to combine trails or
locate trails adjacent to other trail types or facilities (e.g., water,
restrooms, phones) to maximize the efficiency of performing park
maintenance. By removing duplicative trails and infrastructure, the NPS
can reduce overall maintenance costs.

Trail Plan/Environmental Assessment

In November 2017, the NPS published the Pea Ridge National Military
Park Trail Master Plan/Environmental Assessment (EA). The EA evaluates
two action alternatives that are designed to improve visitor access to
the park's historical and interpretive sites while avoiding or
minimizing impacts to these sites by consolidating and restructuring
the existing trail network. These alternatives also seek to improve
multi-modal trail connections within the park while linking to a
regional trail network outside of the park. Under both action
alternatives, the NPS would expand and enhance opportunities for
pedestrian trail interpretation, construct additional trailheads,
modify trail loops for simplicity and interpretive value, construct
additional ADA-accessible trails, install signage for the Trail of
Tears, improve multi-use trails, and improve equestrian trails to avoid
erosion-prone areas. These actions will meet the increasing
recreational needs of the area while protecting the cultural and
natural resources within the park.
The EA identifies one of the action alternatives as the NPS
preferred alternative. This alternative would allow bicycle use on two
proposed multi-use trails that would require trail construction
activities. The first would be a 0.55-mile trail from U.S. Highway 62
to the visitor center. The second would be a 1.17-mile trail from
Arkansas Highway 72 to the Sugar Creek Greenway on the western edge of
the park. Bicycles would also be allowed on Ford Road, which is closed
to motor vehicle use by the public, but open to motor vehicle use for
administrative purposes. Bicycles would also be allowed on segments of
the Tour Road, which is paved and open to motor vehicle use by the
public.

[[Page 11651]]

With respect to the proposed bike trails, the EA evaluates (i) the
suitability of the trails for bicycle use; and (ii) life cycle
maintenance costs, safety considerations, methods to prevent or
minimize user conflict, and methods to protect natural and cultural
resources and mitigate impacts associated with bicycle use on the
trails. The EA, which contains a full description of the purpose and
need for taking action, scoping, the alternatives considered, maps, and
the environmental impacts associated with the project, may be viewed on
the park's planning website at http://parkplanning.nps.gov/peri, by
clicking on the link entitled ``Trail Master Plan/Environmental
Assessment'' and then clicking on the link entitled ``Document List.''

Proposed Rule

This proposed rule would implement the preferred alternative in the
EA and authorize the Superintendent to designate bicycle use on the two
trails described above. In order to accommodate bicycles, both trails
will require construction activities that will be conducted in
accordance with sustainable trail design principles and guidelines. NPS
regulations at 36 CFR 4.30 require a special rule to designate these
trails for bicycles use because they are located outside of developed
areas. Bicycle use would not be authorized by the Superintendent until
the trail construction activities are completed.
The proposed rule would add a new section 7.95 to 36 CFR part 7--
Special Regulations, Areas of the National Park System for the park.
The proposed rule would require the Superintendent to notify the public
of trail designation for bicycle use and identify the designation on
maps available in the office of the Superintendent and other places
convenient to the public. The rule would also authorize the
Superintendent to establish closures, conditions, or restrictions for
bicycle use on designated trails in accordance with 36 CFR 4.30. After
notifying the public, the Superintendent would be able to take these
actions for reasons of public health and safety, natural and cultural
resource protection, and other management activities and objectives.

Compliance With Other Laws, Executive Orders and Department Policy

Regulatory Planning and Review (Executive Orders 12866 and 13563)

Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget will review
all significant rules. The Office of Information and Regulatory Affairs
has determined that this rule is not significant.
Executive Order 13563 reaffirms the principles of Executive Order
12866 while calling for improvements in the nation's regulatory system
to promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. The executive order directs agencies to consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public where these approaches are relevant, feasible,
and consistent with regulatory objectives. Executive Order 13563
emphasizes further that regulations must be based on the best available
science and that the rulemaking process must allow for public
participation and an open exchange of ideas. The NPS has developed this
rule in a manner consistent with these requirements.

Reducing Regulation and Controlling Regulatory Costs (Executive Order
13771)

This rule is not an E.O. 13771 regulatory action because this rule
is not significant under Executive Order 12866.

Regulatory Flexibility Act

This rule will not have a significant economic effect on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). This certification is based on information
contained in the economic analyses found in the report entitled
``Benefit-Cost and Regulatory Flexibility Analyses: Bicycle Trails at
Pea Ridge National Military Park'' which is available online at http://parkplanning.nps.gov/peri by clicking on the link entitled ``Trail
Master Plan/Environmental Assessment'' and then clicking on the link
entitled ``Document List.''

Small Business Regulatory Enforcement Fairness Act

This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
(a) Does not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

This rule does not impose an unfunded mandate on State, local, or
tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local or tribal governments or the private sector. It addresses public
use of national park lands, and imposes no requirements on other
agencies or governments. A statement containing the information
required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is
not required.

Takings (Executive Order 12630)

This rule does not effect a taking of private property or otherwise
have takings implications under Executive Order 12630. A takings
implication assessment is not required.

Federalism (Executive Order 13132)

Under the criteria in section 1 of Executive Order 13132, the rule
does not have sufficient federalism implications to warrant the
preparation of a Federalism summary impact statement. This proposed
rule only affects use of federally-administered lands and waters. It
has no outside effects on other areas. A Federalism summary impact
statement is not required.

Civil Justice Reform (Executive Order 12988)

This rule complies with the requirements of Executive Order 12988.
This rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.

Consultation With Indian Tribes (Executive Order 13175 and Department
Policy)

The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and tribal sovereignty. The NPS has evaluated
this 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

[[Page 11652]]

because the rule will have no substantial direct effect on federally
recognized Indian tribes.
Nevertheless, the NPS recognizes that the park contains significant
archeological sites and the Trail of Tears, which are considered very
important to the following tribes: Absentee Shawnee Tribe, Cherokee
Nation of Oklahoma, Jena Band of the Choctaw Indians, The Osage Nation,
Shawnee Tribe of Oklahoma, Quapaw Tribe of Oklahoma, United Keetoowah
Band of Cherokee Indians, The Chickasaw Nation, Caddo Nation, and the
Muscogee (Creek) Nation. The park consulted with these tribes
throughout the development of the EA and incorporated comments by
adjusting proposed trails to mitigate or avoid impacts to these areas
of interest.

Paperwork Reduction Act

This rule does not contain information collection requirements, and
a submission to the Office of Management and Budget under the Paperwork
Reduction Act is not required. 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

The NPS has prepared the EA to determine whether this rule will
have a significant impact on the quality of the human environment under
the National Environmental Policy Act of 1969. A copy of the EA can be
found online at http://parkplanning.nps.gov/peri, by clicking on the
link entitled ``Trail Master Plan/Environmental Assessment'' and then
clicking on the link entitled ``Document List.''

Effects on the Energy Supply (Executive Order 13211)

This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects in not
required.

Clarity of This Rule

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;
(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 the
NPS comments by one of the methods listed in the ADDRESSES section. To
better help the NPS revise the 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. While you can
ask the NPS in your comment to withhold your personal identifying
information from public review, the NPS cannot guarantee that it will
be able to do so.

List of Subjects in 36 CFR Part 7

District of Columbia, 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. Add Sec. 7.95 to read as follows:

Sec. 7.95 Pea Ridge National Military Park.

(a) Bicycle Use. (1) The Superintendent may designate all or
portions of the following trails as open to bicycle use:
(i) A trail from U.S. Highway 62 to the visitor center
(approximately 0.55 miles).
(ii) A trail from Arkansas Highway 72 to the Sugar Creek Greenway
on the western edge of the park (approximately 1.17 miles).
(2) A map showing trails open to bicycle use will be available at
park visitor centers and posted on the park website. The Superintendent
will provide notice of all bicycle route designations in accordance
with Sec. 1.7 of this chapter. The Superintendent may limit, restrict,
or impose conditions on bicycle use, or close any trail to bicycle use,
or terminate such conditions, closures, limits, or restrictions in
accordance with Sec. 4.30 of this chapter.
(b) [Reserved]

Jason Larrabee,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks,
Exercising the Authority of the Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 2018-05414 Filed 3-15-18; 8:45 am]
BILLING CODE 4310-EJ-P

Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Proposed Rules 11651

With respect to the proposed bike The Office of Information and the ability of U.S.-based enterprises to
trails, the EA evaluates (i) the suitability Regulatory Affairs has determined that compete with foreign-based enterprises.
of the trails for bicycle use; and (ii) life this rule is not significant.
Unfunded Mandates Reform Act
cycle maintenance costs, safety Executive Order 13563 reaffirms the
considerations, methods to prevent or principles of Executive Order 12866 This rule does not impose an
minimize user conflict, and methods to while calling for improvements in the unfunded mandate on State, local, or
protect natural and cultural resources nation’s regulatory system to promote tribal governments or the private sector
and mitigate impacts associated with predictability, to reduce uncertainty, of more than $100 million per year. The
bicycle use on the trails. The EA, which and to use the best, most innovative, rule does not have a significant or
contains a full description of the and least burdensome tools for unique effect on State, local or tribal
purpose and need for taking action, achieving regulatory ends. The governments or the private sector. It
scoping, the alternatives considered, executive order directs agencies to addresses public use of national park
maps, and the environmental impacts consider regulatory approaches that lands, and imposes no requirements on
associated with the project, may be reduce burdens and maintain flexibility other agencies or governments. A
viewed on the park’s planning website and freedom of choice for the public statement containing the information
at http://parkplanning.nps.gov/peri, by where these approaches are relevant, required by the Unfunded Mandates
clicking on the link entitled ‘‘Trail feasible, and consistent with regulatory Reform Act (2 U.S.C. 1531 et seq.) is not
Master Plan/Environmental objectives. Executive Order 13563 required.
Assessment’’ and then clicking on the emphasizes further that regulations Takings (Executive Order 12630)
link entitled ‘‘Document List.’’ must be based on the best available
science and that the rulemaking process This rule does not effect a taking of
Proposed Rule private property or otherwise have
must allow for public participation and
This proposed rule would implement an open exchange of ideas. The NPS has takings implications under Executive
the preferred alternative in the EA and developed this rule in a manner Order 12630. A takings implication
authorize the Superintendent to consistent with these requirements. assessment is not required.
designate bicycle use on the two trails Federalism (Executive Order 13132)
described above. In order to Reducing Regulation and Controlling
accommodate bicycles, both trails will Regulatory Costs (Executive Order Under the criteria in section 1 of
require construction activities that will 13771) Executive Order 13132, the rule does
be conducted in accordance with not have sufficient federalism
This rule is not an E.O. 13771
sustainable trail design principles and implications to warrant the preparation
regulatory action because this rule is not
guidelines. NPS regulations at 36 CFR of a Federalism summary impact
significant under Executive Order
4.30 require a special rule to designate statement. This proposed rule only
12866.
these trails for bicycles use because they affects use of federally-administered
are located outside of developed areas. Regulatory Flexibility Act lands and waters. It has no outside
Bicycle use would not be authorized by effects on other areas. A Federalism
This rule will not have a significant
the Superintendent until the trail summary impact statement is not
economic effect on a substantial number
construction activities are completed. required.
of small entities under the Regulatory
The proposed rule would add a new Flexibility Act (5 U.S.C. 601 et seq.). Civil Justice Reform (Executive Order
section 7.95 to 36 CFR part 7—Special This certification is based on 12988)
Regulations, Areas of the National Park information contained in the economic
System for the park. The proposed rule This rule complies with the
analyses found in the report entitled requirements of Executive Order 12988.
would require the Superintendent to ‘‘Benefit-Cost and Regulatory Flexibility
notify the public of trail designation for This rule:
Analyses: Bicycle Trails at Pea Ridge (a) Meets the criteria of section 3(a)
bicycle use and identify the designation National Military Park’’ which is requiring that all regulations be
on maps available in the office of the available online at http:// reviewed to eliminate errors and
Superintendent and other places parkplanning.nps.gov/peri by clicking ambiguity and be written to minimize
convenient to the public. The rule on the link entitled ‘‘Trail Master Plan/ litigation; and
would also authorize the Environmental Assessment’’ and then (b) Meets the criteria of section 3(b)(2)
Superintendent to establish closures, clicking on the link entitled ‘‘Document requiring that all regulations be written
conditions, or restrictions for bicycle List.’’ in clear language and contain clear legal
use on designated trails in accordance
Small Business Regulatory Enforcement standards.
with 36 CFR 4.30. After notifying the
public, the Superintendent would be Fairness Act Consultation With Indian Tribes
able to take these actions for reasons of This rule is not a major rule under 5 (Executive Order 13175 and Department
public health and safety, natural and U.S.C. 804(2), the Small Business Policy)
cultural resource protection, and other Regulatory Enforcement Fairness Act. The Department of the Interior strives
management activities and objectives. This rule: to strengthen its government-to-
Compliance With Other Laws, (a) Does not have an annual effect on government relationship with Indian
Executive Orders and Department the economy of $100 million or more. Tribes through a commitment to
daltland on DSKBBV9HB2PROD with PROPOSALS

Policy (b) Will not cause a major increase in consultation with Indian Tribes and
costs or prices for consumers, recognition of their right to self-
Regulatory Planning and Review individual industries, Federal, State, or governance and tribal sovereignty. The
(Executive Orders 12866 and 13563) local government agencies, or NPS has evaluated this rule under the
Executive Order 12866 provides that geographic regions. criteria in Executive Order 13175 and
the Office of Information and Regulatory (c) Does not have significant adverse under the Department’s tribal
Affairs in the Office of Management and effects on competition, employment, consultation policy and has determined
Budget will review all significant rules. investment, productivity, innovation, or that tribal consultation is not required

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Document Created: 2018-03-16 01:12:09
Document Modified: 2018-03-16 01:12:09

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Comments on the proposed rule must be received by 11:59 p.m. EST on May 15, 2018.
Contact		Lee Terzis, NPS Denver Service Center Transportation Division, 1155 E Pearl St., Monticello, FL 32344. Phone (850) 997-9972. Email: [email protected]
FR Citation		83 FR 11650
RIN Number		1024-AE41
CFR Associated		District of Columbia; National Parks and Reporting and Recordkeeping Requirements

83 FR 11650 - Special Regulations, Areas of the National Park System, Pea Ridge National Military Park; Bicycles

DEPARTMENT OF THE INTERIORNational Park Service

Federal Register Volume 83, Issue 52 (March 16, 2018)

DEPARTMENT OF THE INTERIOR
National Park Service