Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Proposed Rules 37725 

* * * * * 

Anne Milgram, 

Administrator. 

[FR Doc. 2021–15114 Filed 7–15–21; 8:45 am] 

BILLING CODE 4410–09–P 

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. 

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, julie_galonska@nps.gov. 

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 


jbell on DSKJLSW7X2PROD with PROPOSALS
37726 Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Proposed Rules 

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-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 rulemaking 

under the criteria in Executive Order 

13175 and under the Department’s tribal 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Proposed Rules 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 

■ 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 § 7.9 by revising the section 

heading and adding paragraph (g) to 

read as follows: 

§ 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 § 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 

§ 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 


jbell on DSKJLSW7X2PROD with PROPOSALS