Rule2022-03394
St. Croix National Scenic Riverway, Bicycling
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 17, 2022
Effective
March 21, 2022
Issuing agencies
Interior DepartmentNational Park Service
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 33 (Thursday, February 17, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03394]
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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.
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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
<a href="http://www.regulations.gov">www.regulations.gov</a> 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 <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.''
FOR FURTHER INFORMATION CONTACT: Lisa Yager, Chief of Resource
Stewardship and Education, St. Croix National Scenic Riverway; (715)
483-2290; <a href="/cdn-cgi/l/email-protection#1d51746e7c42447c7a786f5d736d6e337a726b"><span class="__cf_email__" data-cfemail="a5e9ccd6c4fafcc4c2c0d7e5cbd5d68bc2cad3">[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.
[[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 <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.''
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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
<a href="http://www.nps.gov/sacn">www.nps.gov/sacn</a>. 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 (<a href="http://www.nps.gov/sacn">www.nps.gov/sacn</a>). 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 <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 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 <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.
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
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