Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Proposed Rules 106393 

* * * * * 

[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 

AGENCY: 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. 

SUMMARY: 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withdrawn. 

FOR FURTHER INFORMATION CONTACT: 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 

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 

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 

AGENCY: National Park Service, Interior. 

ACTION: Proposed rule. 

SUMMARY: The National Park Service 

proposes to amend the special 

regulations for Whiskeytown National 


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 

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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Proposed Rules 106395 

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. 

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. 

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 


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 

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. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Proposed Rules 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-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 

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; 


ddrumheller on DSK120RN23PROD with PROPOSALS1
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: 

§ 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 

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 

§ 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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the Ohio State 

Implementation Plan (SIP) submitted by 

the Ohio Environmental Protection 


ddrumheller on DSK120RN23PROD with PROPOSALS1