[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Proposed Rules]
[Pages 40547-40550]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16702]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS-CHATA-10187; 5340-SZM]
RIN 1024-AD94
Special Regulations; Areas of the National Park System,
Chattahoochee River National Recreation Area, Bicycle Routes
AGENCY: National Park Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The National Park Service proposes to designate certain multi-
use pathways in Chattahoochee River National Recreation Area as routes
for bicycle use. National Park Service regulations require promulgation
of a special regulation to designate routes for bicycle use off park
roads and outside developed areas. Several segments of multi-use
pathways at Chattahoochee River National Recreation Area have been, or
are planned to be, constructed as part of an effort to replace eroded
social trails with sustainable trail systems. Allowing bicycling on the
new trail system will improve connectivity to regional trail networks,
enhance opportunities for non-motorized enjoyment of the park, and
encourage the use of alternate transportation by park visitors and
staff.
DATES: Comments must be received by September 10, 2012.
ADDRESSES: You may submit your comments, identified by Regulation
Identifier Number (RIN) 1024-AD94, by any of the following methods:
--Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
--Mail: Superintendent, Chattahoochee River National Recreation Area,
1978 Island Ford Parkway, Sandy Springs, GA 30350.
--Email: chat_superintendent@nps.gov.
--Fax: (770) 399-8087.
Instructions: All submissions received must include the agency name
and docket number or RIN for this rulemaking. All comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided. For detailed instructions on
submitting comments and additional information on the rulemaking
process, see the ``Public Participation'' heading of the SUPPLEMENTARY
INFORMATION section of this document.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Rick Slade, Chief of Science and
Resource Management, Chattahoochee River National Recreation Area, 1978
Island Ford Parkway, Sandy Springs, GA 30350 (678) 538-1321.
SUPPLEMENTARY INFORMATION:
Background
In 1973, the State of Georgia enacted the Metropolitan River
Protection Act (MRPA) to ensure the protection of the corridor located
within 2,000 feet of each bank of the Chattahoochee River, or the
corridor located within the 100-year floodplain, whichever is larger.
Five years after the enactment of the MRPA, the United States Congress
found that the:
Natural, scenic, recreation, historic, and other values of a
forty-eight mile segment of the Chattahoochee River and certain
adjoining lands in the State of Georgia from Buford Dam downstream
to Peachtree Creek are of special national significance, and that
such values should be preserved and protected from developments and
uses which would substantially impair or destroy them. (16 U.S.C.
460ii)
On August 15, 1978, President Jimmy Carter signed legislation
creating the Chattahoochee River National Recreation Area (CHAT), a
unit of the National Park System consisting of ``the river and its bed
together with the lands, waters, and interests therein * * *.'' (16
U.S.C. 460ii). The National Park Service (NPS) is responsible for
management of this significant stretch of Riverside Park.
In 1984, Congress amended the CHAT's enabling legislation through
Public Law 98-568, which declared the corridor located within 2,000
feet of each bank along the 48-mile river segment ``an area of national
concern.'' A subsequent amendment, passed in 1999, expanded the
authorized boundary of CHAT and provided funding to support acquisition
of land-based linear corridors to link existing units of the recreation
area and to ensure that they are managed to standardize acquisition,
planning, design, construction, and operation of the linear corridors.
The NPS manages the 48-mile stretch of the Chattahoochee River from
top-of-bank to top-of-bank, including all adjacent land elements that
occur below the high water mark. The NPS also manages over 5,000 acres
of park land, including riverside units and upland forested areas with
hiking trails and other recreational opportunities.
In September 2009, the NPS completed a General Management Plan/
Environmental Impact Statement (GMP/EIS). Consistent with 36 CFR 4.30,
the GMP/EIS states that bicycles are prohibited except on roads,
parking areas, and designated routes, noting that this regulation is
especially important in light of comments received during the GMP/EIS
process from some visitors who view the park corridor as an opportunity
to promote non-motorized and less polluting alternatives to
automobiles, such as bicycle use. Public comments during the GMP/EIS
process also reflected the desire to increase the use of bicycles off-
road in the park through development of an interconnected trail system.
The final GMP/EIS describes off-road bicycling on trails as an
appropriate use in the developed, natural area recreation, and rustic
zones.
Proposed Rule
The proposed rule adds a special regulation for CHAT, designating
segments of trails outside of developed areas as routes for bicycle
use, as required by the general regulation for bicycle use in the
National Park System at 36 CFR 4.30. The proposed rule would designate
segments of trails in the Vickery Creek, Johnson Ferry South, and
Cochran Shoals units as multi-use trails, allowing both pedestrian and
bicycle use.
Vickery Creek Unit
In 2001, the City of Roswell planned and constructed a multi-use
paved trail along the Chattahoochee River, a portion of which crosses
the Vickery Creek unit of CHAT. Pursuant to the National Environmental
Policy Act of 1969 (NEPA), the park completed a
[[Page 40548]]
Categorical Exclusion in 2001 that determined there would be minimal
impacts from the approximately 500-foot segment of paved multi-use
trail that crosses a portion of the Vickery Creek unit. This trail was
constructed prior to the GMP/EIS and was consistent with former park
planning zones.
Johnson Ferry South Unit
The January 2010 Environmental Assessment Proposed Trail Connection
Project (EA) evaluated projects to improve trail connectivity and
sustainability within the Bowmans Island West, Johnson Ferry South, and
Cochran Shoals park units, including new bicycle access in the Johnson
Ferry South and Cochran Shoals units. The selected alternative in the
EA for the Johnson Ferry South unit includes construction of a 0.1 mile
segment of new trail to connect the existing multi-use trail on a park
administrative road to a planned underpass below the Johnson Ferry Road
bridge. The existing trail is located on an old dirt farm roadbed that
is currently being used by both pedestrians and bicyclists. The
addition of the 0.1 mile trail segment will allow bicyclists and
pedestrians to connect to an alternative transportation network both
within and beyond the park boundary. The portion of the trail within
the park will be approximately 2.2 miles long. The new 0.1 mile trail
segment will use sustainable design principles including routing along
the terrain contours, sloping the trail surface to allow for runoff
during rain events, and a natural trail surface. This trail segment was
evaluated by the EA, and in March 2010 the park completed a Finding of
No Significant Impact (FONSI) which concluded that the selected
alternative for the Johnson Ferry South unit will not have a
significant adverse effect on the human environment. The Johnson Ferry
South unit is zoned in the GMP/EIS as a rustic zone, which identifies
off-road bicycling as an appropriate use.
Cochran Shoals Unit
The selected alternative in the EA for the Cochran Shoals unit
allows pedestrian-only access on a number of trails, but also
incorporates a loop-style multi-use trail for both pedestrians and
bicyclists. The project will close and revegetate heavily eroded and
unsustainable social trails and construct new trail segments to create
a sustainable, aesthetically pleasing trail network. The new trail
system will use sustainable design principles, including routing along
the terrain contours, sloping the trail surface to allow for runoff
during rain events, and a natural trail surface. An existing multi-use
trail follows an old farm road for 2.4 miles, where off-road bicycling
is currently allowed because the trail is on a park administrative
road. The final trail plan has 3 miles of hiking-only trails and 6.7
miles of multi-use trails allowing both pedestrians and bicycles. A
public scoping meeting was held on October 29, 2009, and 36 public
comments were received, which overwhelmingly supported expanding access
for bicycling in the Cochran Shoals unit.
During the EA process, some public comments raised concerns
regarding bicyclists and hikers sharing trails in Cochran Shoals,
citing safety and erosion issues. Conflicts between pedestrians and
bicyclists are primarily caused by the difference in speeds between the
users. Bicyclists can often travel at higher speeds, and the speed
differential between bicyclists and pedestrians may reduce the
communication between the users, startle pedestrians, and increase the
odds of conflict. To minimize the potential for conflict, the Cochran
Shoals trail network was designed to create a 6.7 mile loop-style
system, rather than an out-and-back style trail, thereby reducing
traffic and congestion at any given point on the trail. The new loop-
style trail also reduces the number of users that could potentially cut
through or create unauthorized trails in order to avoid repetitive
scenery. In addition, park management will implement directional
traffic on the trails in the Johnson Ferry South and Cochran Shoals
units to limit bicycle-pedestrian conflicts. The Superintendent will
exercise discretion to temporarily close bicycle access to these trails
following a rain event to address issues concerning erosion and water
quality impacts that were also raised during the EA process.
The FONSI concluded that the selected alternative for the Cochran
Shoals unit will not have a significant adverse effect on the human
environment. The Cochran Shoals unit is zoned in the GMP/EIS as a
natural area recreation zone, which identifies off-road bicycling as an
appropriate use.
Compliance With Other Laws, Executive Orders and Department Policy
Regulatory Planning and Review (Executive Order 12866 and 13563)
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs (OIRA) will review all significant rules. OIRA has
determined that this rule is not significant.
Executive Order 13563 reaffirms the principles of Executive Order
12866 while calling for improvements in the nation's regulatory system
to promote predictability, to reduce uncertainty, and to use the best,
most innovative, and least burdensome tools for achieving regulatory
ends. The executive order directs agencies to consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public where these approaches are relevant, feasible,
and consistent with regulatory objectives. Executive Order 13563
emphasizes further that regulations must be based on the best available
science and that the rulemaking process must allow for public
participation and an open exchange of ideas. We have developed this
rule in a manner consistent with these requirements.
Regulatory Flexibility Act (RFA)
This rule will not have a significant economic effect on a
substantial number of small entities under the RFA (5 U.S.C. 601 et
seq.). There are no businesses in the surrounding area economically
dependent on bicycle use on these trails. The park does not have any
bicycle rental concessioners and the users are mainly private
individuals using the trails for recreational purposes. This
certification is based on the cost-benefit and regulatory flexibility
analysis found in the report entitled ``Cost-Benefit and Regulatory
Flexibility Analysis: Proposed Regulations for Trail Management in
Chattahoochee River National Recreation Area'' which can be viewed on
the park's planning Web site, http://www.nps.gov/chat/parkmgmt/planning.htm, then clicking on the link entitled ``Chattahoochee River
Trail Connection Plan.''
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the SBREFA.
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 (UMRA)
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
[[Page 40549]]
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 UMRA (2 U.S.C. 1531 et seq.) is not
required.
Takings (Executive Order 12630)
Under the criteria in section 2 of Executive Order 12630, this rule
does not have significant takings implications. A takings implication
assessment is not required.
Federalism (Executive Order 13132)
Under the criteria in section 1 of Executive Order 13132, this rule
does not have sufficient federalism implications to warrant the
preparation of a Federalism summary impact statement. This proposed
rule only affects use of NPS administered lands and waters and 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.
Specifically, 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)
The Department of the Interior strives to strengthen its
government-to-government relationship with Indian Tribes through a
commitment to consultation with Indian Tribes and recognition of their
right to self-governance and tribal sovereignty. We have evaluated this
rule under the Department's consultation policy and under the criteria
in Executive Order 13175 and have determined that it has no substantial
direct effects on federally recognized Indian tribes and that
consultation under the Department's tribal consultation policy is not
required. Representatives of the tribes potentially affiliated with
CHAT were contacted during the preparation of the EA for the project.
Paperwork Reduction Act (PRA)
This rule does not contain information collection requirements, and
a submission under the PRA is not required.
National Environmental Policy Act (NEPA)
This rule does not constitute a major Federal action significantly
affecting the quality of the human environment. A detailed statement
under the NEPA is not required because (i) the selected action for the
Vickery Creek unit is covered by a categorical exclusion and (ii) we
reached a FONSI for the selected actions for the Johnson Ferry South
and Cochran Shoals units. We have also determined that this rule does
not involve any of the extraordinary circumstances listed in 43 CFR
46.215 that would require further analysis of the selected action for
the Vickery Creek unit under NEPA. A copy of the EA and FONSI can be
downloaded from the park's planning Web site, http://www.nps.gov/chat/parkmgmt/planning.htm, then clicking on the link entitled
``Chattahoochee River Trail Connection Plan.''
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 Regulation
We are required by Executive Orders 12866 (section 1 (b)(12)),
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 we publish 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 we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us 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.
Drafting Information: The primary authors of this regulation were
Joel Brumm, Chattahoochee River National Recreation Area, and Jay P.
Calhoun, Regulations and Special Park Uses, National Park Service.
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.
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 us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we 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
The authority for Part 7 continues to read as follows:
Authority: 16 U.S.C. 1, 3, 9a, 462(k); Sec. 7.96 also issued
under 36 U.S.C. 501-511, DC Code 10-137 (2001) and DC Code 50-
2201.07 (2001).
1. Add Sec. 7.90 to read as follows:
Sec. 7.90 Chattahoochee River National Recreation Area.
(a) Bicycling. (1) Where may I ride a bicycle within Chattahoochee
River National Recreation Area? The following routes are designated for
bicycle use:
(i) The approximately 500-foot-long segment of paved multi-use
trail along the Chattahoochee River located within the boundary of the
Vickery Creek unit.
(ii) The approximately 2.2-mile-long multi-use trail in the Johnson
Ferry South unit that connects to the bridge underpass at Johnson Ferry
Road.
(iii) The approximately 6.7-mile-long loop-style multi-use trail in
the Cochran Shoals unit.
(2) Will the routes be identified on the ground? Yes, the three
trails will be posted at trail junctions indicating they are open to
bicycle use.
(3) Where can I find maps depicting routes designated for bicycle
use? Maps depicting designated bicycle routes are
[[Page 40550]]
available in the office of the Superintendent and online at
www.nps.gov/chat/planyourvisit/bike-maps.htm.
(4) How will the Superintendent manage the designated bicycle
routes? (i) The Superintendent may open or close designated bicycle
routes, or portions thereof, or impose conditions or restrictions for
bicycle use after taking into consideration public health and safety,
natural and cultural resource protection, carrying capacity and other
management activities and objectives.
(ii) Following a rain event, the Superintendent may exercise
discretion to temporarily close the trails in the Johnson Ferry South
and Cochran Shoals units to mitigate soil erosion and water quality
impacts from bicycle use.
(iii) The Superintendent will provide public notice of all such
actions through one or more of the methods listed in Sec. 1.7 of this
chapter.
(iv) Violating a closure or restriction is prohibited.
Dated: June 20, 2012.
Rachel Jacobson,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2012-16702 Filed 7-9-12; 8:45 am]
BILLING CODE 4310-PV-P