[Federal Register Volume 86, Number 134 (Friday, July 16, 2021)]
[Proposed Rules]
[Pages 37725-37727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14933]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-SACN-31398; PPMWMWROW2/PMP00UP05.YP0000]
RIN 1024-AE64


St. Croix National Scenic Riverway, Bicycling

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service proposes to amend the special 
regulations for St. Croix National Scenic Riverway to allow bicycle use 
on a 0.25-mile connector trail across National Park Service land near 
Cable, Wisconsin. The new trail would provide direct access to the 
Riverway and new recreational opportunities within the Riverway and on 
the Chequamegon Area Mountain Bike Association trail network in 
Bayfield County, Wisconsin. National Park Service regulations require 
promulgation of a special regulation to designate new trails for 
bicycle use off park roads and outside of developed areas.

DATES: Comments on the proposed rule must be received by 11:59 p.m. EDT 
on September 14, 2021.

ADDRESSES: You may submit comments, identified by Regulation Identifier 
Number (RIN) 1024-AE64, by either of the following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: 
www.regulations.gov. Follow the instructions for submitting comments.
    (2) By hard copy: Mail to: Superintendent, St. Croix National 
Scenic Riverway, 401 North Hamilton Street, St. Croix Falls, WI 54024.
    Document Availability: The Cable Connector Trail Environmental 
Assessment and Finding of No Significant Impact provide information and 
context for this proposed rule and are available online at https://parkplanning.nps.gov/sacn by clicking the link entitled ``Cable 
Connector Trail'' 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-AE64) for this rulemaking. Comments 
received may be posted without change to www.regulations.gov, including 
any personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov and search for ``1024-
AE64''.

FOR FURTHER INFORMATION CONTACT: Julie Galonska, Superintendent, St. 
Croix National Scenic Riverway; (715) 483-2270, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Namekagon and St. Croix Rivers flow through some of the most 
scenic and least developed country in the Upper Midwest. The free-
flowing character and exceptional water quality of these waterways 
serve as a unique ecological corridor in northwest Wisconsin and 
eastern Minnesota that sustains a diversity of aquatic and terrestrial 
wildlife and habitats.
    In 1968, to preserve, protect, and enhance this unique national 
resource for the benefit and enjoyment of present and future 
generations, Congress established the St. Croix National Scenic 
Riverway, a 230-mile long protected area that includes the Namekagon 
River, as one of the original eight rivers protected under the national 
Wild and Scenic Rivers Act. In 1972, the Lower St. Croix National 
Scenic Riverway was added to the National Wild and Scenic Rivers 
System. Together, these areas form the Riverway.
    Today, the rivers continue to flow unimpeded for considerable 
distances as they have for millennia, through the river corridor, 
growing and changing in character from their headwaters to the St. 
Croix's confluence with the Mississippi. The Riverway offers 
exceptional recreational opportunities for visitors to paddle, boat, 
camp, hike, fish, explore, and find solitude in a natural setting close 
to the major metropolitan area of Minneapolis-Saint Paul. The National 
Park Service (NPS) and state partners work with local communities to 
maintain the aquatic, cultural, recreational, riparian, scenic-
aesthetic, and geologic values of the rivers for the benefit and 
enjoyment of more than 600,000 annual visitors.

Cable Connector Trail Environmental Assessment

    The NPS proposes to construct a 0.25-mile connector trail through 
the Riverway near Cable, Wisconsin. The trail would be designed for 
hiking, trail running, and bicycle and electric bicycle (e-bike) use, 
and silent sports in the winter such as fat-tire bicycling, 
snowshoeing, and cross-country skiing. It would be the first trail at 
the Riverway open to bicycle use. Construction of the trail would 
respond to a specific opportunity identified by the NPS and local 
partners to create a link across public land to provide direct access 
to the Riverway and new recreational opportunities within the Riverway 
and on the Chequamegon Area Mountain Bike Association (CAMBA) trail 
network in Bayfield County, Wisconsin. The trail would be built from 
the end of a segment of CAMBA's Wild River Trail on a former railroad 
grade near the Town of Cable, connecting to Parker Road. The trail 
would provide a critical link to adjoining trails and would serve an 
important role providing connectivity for several local trail running 
and biking events that start or finish in the Cable area. The bare soil 
trail would be built using sustainable trail construction techniques to 
protect natural and cultural resources. The trail would utilize 
landforms and natural features exhibiting the natural beauty of the 
area and would feature a slight crown, shallow grades, open sight 
lines, and gentle turns to support user safety, provide adequate 
drainage to minimize braiding, seasonal muddiness, and erosion, and 
reduce the overall maintenance costs associated with more complex trail 
features. Signage would clearly indicate allowed uses on the trail. 
Equestrian and motorized use would not be allowed.
    On September 22, 2020, the NPS published the Cable Connector Trail 
Environmental Assessment (EA). The EA describes one action alternative 
(the preferred alternative) and the no-action alternative. Under the 
preferred alternative, the NPS would construct the 0.25 mile Cable 
Connector Trail to accommodate bicycle and e-bike use. The EA evaluates 
(1) the suitability of the Cable Connector Trail for bicycle and e-bike 
use; and (2) 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 and e-bike use on the 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. After a public review period, on February 1, 2021, 
the Regional Director

[[Page 37726]]

for DOI Unified Regions 3, 4 and 5 (Great Lakes) signed a Finding of No 
Significant Impact (FONSI) that identified the preferred alternative in 
the EA as the selected alternative. The EA and FONSI may be viewed on 
the Riverway's planning website at https://parkplanning.nps.gov/sacn by 
clicking the link entitled ``Cable Connector Trail'' and then clicking 
the link entitled ``Document List.''

Proposed Rule

    This proposed rule would implement the selected alternative in the 
FONSI and authorize the Superintendent to designate the new Cable 
Connector Trail for traditional bicycle use. This action would comply 
with NPS regulations 36 CFR 4.30, which require a special regulation to 
designate new bicycle trails that require construction activities off 
park roads and outside of developed areas. The proposed rule would add 
a new paragraph (g) to 36 CFR 7.9, which contains the special 
regulations for the Riverway. After the trail is constructed, the rule 
would require the Superintendent to notify the public prior to 
designating the trail for bicycle use through one or more of the 
methods listed in 36 CFR 1.7, and identify the designation on maps 
available at Riverway visitor centers and posted on the Riverway's 
website (www.nps.gov/sacn). The proposed rule would also authorize the 
superintendent to establish closures, conditions, or restrictions for 
bicycle use on the trail after considering public health and safety, 
resource protection, and other management activities and objectives.
    Bicycle use would not be authorized by the Superintendent until the 
NPS completes the planning and environmental review process required by 
NPS regulations at 36 CFR 4.30, including the preparation of a written 
determination that bicycle use on the new trail is consistent with the 
protection of the park area's natural, scenic and aesthetic values, 
safety considerations and management objectives, and will not disturb 
wildlife or park resources. Consistent with NPS regulations at 36 CFR 
4.30(i)(1), after the Cable Connector Trail is opened to traditional 
bicycles, the Superintendent may open the trail to e-bikes, or specific 
classes of e-bikes, and will notify the public of any such action 
pursuant to 36 CFR 1.7. This rule would not affect the use of any 
existing trails in the Riverway, all of which would remain closed to 
bicycles.
    The proposed rule would also revise the section heading from ``St. 
Croix National Scenic Rivers'' to ``St. Croix National Scenic 
Riverway.'' This change is consistent with the commonly used and 
official name of the Riverway.

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 rulemaking 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.

Regulatory Flexibility Act

    This rulemaking 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 Rule to 
Designate a New Trail Connection for Bicycle Use at St. Croix National 
Scenic Riverway.'' The report may be viewed on the Riverway's planning 
website at https://parkplanning.nps.gov/sacn by clicking the link 
entitled ``Cable Connector Trail'' and then clicking the link entitled 
``Document List.''

Congressional Review Act (CRA)

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

Unfunded Mandates Reform Act

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

Takings (Executive Order 12630)

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

Federalism (Executive Order 13132)

    Under the criteria in section 1 of Executive Order 13132, the 
rulemaking does not have sufficient federalism implications to warrant 
the preparation of a federalism summary impact statement. This 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 rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

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

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian tribes and recognition of their 
right to self-governance and tribal sovereignty. The NPS has evaluated 
this rulemaking under the criteria in Executive Order 13175 and under 
the Department's tribal

[[Page 37727]]

consultation policy and have determined that tribal consultation is not 
required because the rule will have no substantial direct effect on 
federally recognized Indian tribes. Nevertheless, in support of the 
Department of the Interior and NPS commitment for government-to-
government consultation, during the EA process, the NPS shared 
information about the proposed action with 18 federally recognized 
American Indian Tribes and invited them to consult on the project. None 
of the 18 Tribes expressed interest in consultation.

Paperwork Reduction Act

    This rulemaking does not contain information collection 
requirements, and a submission to the Office of Management and Budget 
under the Paperwork Reduction Act is not required. The NPS may not 
conduct or sponsor and you are not required to respond to a collection 
of information unless it displays a currently valid OMB control number.

National Environmental Policy Act

    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. 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 of the FONSI. A copy of the EA and FONSI can be found 
online at https://parkplanning.nps.gov/sacn by clicking the link 
entitled ``Cable Connector Trail'' and then clicking the link entitled 
``Document List.''

Effects on the Energy Supply (Executive Order 13211)

    This rulemaking is not a significant energy action under the 
definition in Executive Order 13211; the rule is not likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy, and the rule has not otherwise been designated by the 
Administrator of OIRA as a significant energy action. A Statement of 
Energy Effects in not required.

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 us 
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.

List of Subjects in 36 CFR Part 7

    National parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, the National Park Service 
proposes to amend 36 CFR part 7 as set forth below:

PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

0
1. The authority citation for part 7 continues to read as follows:

    Authority: 54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also 
issued under D.C. Code 10-137 and D.C. Code 50-2201.07.

0
2. Amend Sec.  7.9 by revising the section heading and adding paragraph 
(g) to read as follows:


Sec.  7.9   St. Croix National Scenic Riverway.

* * * * *
    (g) Bicycle Use. (1) The Superintendent may designate all or a 
portion of the following trail as open to bicycle use:
    (i) Cable Connector Trail (full length of the trail approximately 
0.25 miles).
    (ii) [Reserved]
    (2) A map showing trails open to bicycle use will be available at 
Riverway visitor centers and posted on the Riverway website. The 
Superintendent will provide notice of all trails designated for bicycle 
use 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.

Shannon A. Estenoz,
Principal Deputy Assistant Secretary for Fish and Wildlife and Parks 
Exercising the Delegated Authority of the Assistant Secretary for Fish 
and Wildlife and Parks.
[FR Doc. 2021-14933 Filed 7-15-21; 8:45 am]
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