[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Rules and Regulations]
[Pages 8949-8952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03394]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-SACN-32920; PPMWMWROW2/PMP00UP05.YP0000]
RIN 1024-AE64


St. Croix National Scenic Riverway, Bicycling

AGENCY: National Park Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The National Park Service amends 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 will 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: This rule is effective on March 21, 2022.

ADDRESSES: 
    Docket: For access to the docket to read comments received, go to 
www.regulations.gov and search for Docket ID: NPS-2021-0002.
    Document Availability: The Cable Connector Trail Environmental 
Assessment, Finding of No Significant Impact, and Written Determination 
provide information and context for this 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.''

FOR FURTHER INFORMATION CONTACT: Lisa Yager, Chief of Resource 
Stewardship and Education, St. Croix National Scenic Riverway; (715) 
483-2290; [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.

[[Page 8950]]

    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

    In October 2021, the NPS began construction on a 0.25-mile 
connector trail through the Riverway near Cable, Wisconsin. The trail 
is 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. Equestrian and other 
motorized use will not be allowed. It will be the first trail at the 
Riverway open to bicycle use. Construction of the trail responds 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 will 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 will 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 will 
be built using sustainable trail construction techniques to protect 
natural and cultural resources. The trail will 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 
will clearly indicate allowed uses on the trail.
    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 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. On 
November 11, 2021, the Regional Director signed a Written Determination 
that bicycle use on the new trail is consistent with the protection of 
the Riverway's natural, scenic, and aesthetic values, safety 
considerations and management objectives, and that it will not disturb 
wildlife or park resources. The EA, FONSI, and Written Determination 
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.''

Summary of Public Comments

    The NPS published a proposed rule in the Federal Register on July 
16, 2021 (86 FR 37725). The NPS accepted public comments on the 
proposed rule for 60 days via the mail, hand delivery, and the Federal 
eRulemaking Portal at https://www.regulations.gov. Comments were 
accepted through September 14, 2021. The NPS received 55 comments on 
the proposed rule. All of the comments supported bicycle use on the new 
trail. Below is a summary of one pertinent issue that was raised by a 
commenter and the response from the NPS. After considering the public 
comments and after additional review, the NPS did not make any changes 
to the rule other than adding an affirmative statement that a violation 
of any condition, closure, limit, or restriction on bicycle use 
implemented by the superintendent is prohibited.
    Comment: One commenter objected to the use of electric bicycles on 
the trail.
    NPS Response: Similar to traditional bicycles, the NPS believes 
that, with proper management, the use of electric bicycles (e-bikes) 
may be an appropriate activity in some park areas. The EA considered 
the potential for benefits and adverse impacts to resources and 
visitors and the FONSI determined that impacts of the action, including 
the use of e-bikes on the new Cable Connector Trail, will not be 
significant. The FONSI concluded that environmental impacts that could 
occur will be limited in context and intensity, with general beneficial 
impacts to visitor use and experience, and possible minor effects on 
northern long-eared bat (Myotis septentrionalis). The FONSI concluded 
that there will be no unmitigated adverse impacts on these or other 
resources or values of the Riverway.
    NPS regulations at 36 CFR 4.30(i) give superintendents the 
discretionary authority to allow e-bikes on park roads, parking areas, 
and administrative roads and trails that are otherwise open to 
bicycles. After the Cable Connector Trail is constructed and ready for 
bicycle use, the superintendent of the Riverway will designate the 
trail as open to bicycles by providing notice in accordance with 36 CFR 
1.7. This includes a requirement to list the trail as open to bicycles 
in the park compendium, which is available on the park website at 
www.nps.gov/sacn. At that time, the superintendent also may designate 
the trail as open to e-bikes. If, in the future, the superintendent 
determines that e-bikes or certain classes of e-bikes should no longer 
be allowed on the trail, or that conditions for use should change, the 
superintendent can make such changes by updating the park compendium 
and providing adequate public notice under 36 CFR 1.7.

Final Rule

    This rule implements the selected alternative in the FONSI and 
authorizes the superintendent to designate the new Cable Connector 
Trail for traditional bicycle use. This action complies with NPS 
regulations 36 CFR 4.30, which

[[Page 8951]]

require a special regulation to designate new bicycle trails that 
require construction activities off park roads and outside of developed 
areas. This rule adds a new paragraph (g) to 36 CFR 7.9, which contains 
the special regulations for the Riverway. After the trail is 
constructed, the rule requires 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 rule also authorizes 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 will not be authorized by the superintendent until the 
NPS completes the 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. 
As explained in the response to comment above, when the superintendent 
opens the trail to traditional bicycles, the superintendent also may 
open the trail to e-bikes, or specific classes of e-bikes. This rule 
will not affect the use of any existing trails in the Riverway, all of 
which remain closed to bicycles and e-bikes.
    The rule also revises 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: Final 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 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 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

[[Page 8952]]

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.

List of Subjects in 36 CFR Part 7

    National parks, Reporting and recordkeeping requirements.

    In consideration of the foregoing, the National Park Service amends 
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 Cable Connector Trail (full length of the trail 
approximately 0.25 miles) as open to bicycle use.
    (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.
    (3) The Superintendent may limit, restrict, or impose conditions on 
bicycle use, or close any trail to bicycle use, or terminate such 
conditions, closures, limits, or restrictions in accordance with Sec.  
4.30 of this chapter. A violation of any such condition, closure, 
limit, or restriction is prohibited.

Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2022-03394 Filed 2-16-22; 8:45 am]
BILLING CODE 4312-52-P