Proposed Rule2021-14933
St. Croix National Scenic Riverway, Bicycling
Primary source
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Published
July 16, 2021
Issuing agencies
Interior DepartmentNational Park Service
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 134 (Friday, July 16, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<a href="http://www.regulations.gov">www.regulations.gov</a>. 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 <a href="https://parkplanning.nps.gov/sacn">https://parkplanning.nps.gov/sacn</a> 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, including
any personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">www.regulations.gov</a> and search for ``1024-
AE64''.
FOR FURTHER INFORMATION CONTACT: Julie Galonska, Superintendent, St.
Croix National Scenic Riverway; (715) 483-2270, <a href="/cdn-cgi/l/email-protection#b8d2cdd4d1dde7dfd9d4d7d6cbd3d9f8d6c8cb96dfd7ce"><span class="__cf_email__" data-cfemail="f69c839a9f93a991979a9998859d97b6988685d8919980">[email protected]</span></a>.
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 <a href="https://parkplanning.nps.gov/sacn">https://parkplanning.nps.gov/sacn</a> 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 (<a href="http://www.nps.gov/sacn">www.nps.gov/sacn</a>). 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 <a href="https://parkplanning.nps.gov/sacn">https://parkplanning.nps.gov/sacn</a> 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 <a href="https://parkplanning.nps.gov/sacn">https://parkplanning.nps.gov/sacn</a> 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]
BILLING CODE 4312-52-P
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