Travel Management, Proposed Forest Service Directives; Forest Service Manual 2350, 7700, and 7710 and Forest Service Handbook 7709.55, 10632-10639 [E7-4261]
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Estimated annual number of
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Done in Washington, DC, this 5th day of
March 2007.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E7–4240 Filed 3–8–07; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596–AC39
Travel Management, Proposed Forest
Service Directives; Forest Service
Manual 2350, 7700, and 7710 and
Forest Service Handbook 7709.55
Forest Service, USDA.
Proposed directives; request for
comment.
AGENCY:
ACTION:
SUMMARY: The Forest Service proposes
to amend internal agency directives
regarding travel management to make
them consistent with and facilitate
implementation of the agency’s final
travel management rule (36 CFR part
212), ‘‘Travel Management; Designated
Routes and Areas for Motor Vehicle
Use’’ (70 FR 68264, November 9, 2005)
(travel management rule). The travel
management rule requires each Forest
Service administrative unit or Ranger
District to designate those roads, trails,
and areas open to motor vehicle use.
Changes to existing travel
management directives are needed to
provide guidance on implementation of
the travel management rule, to conform
terminology to the rule, to provide
consistent direction on the process of
designating roads, trails, and areas for
motor vehicle use, and to integrate
direction on roads analysis with
direction on travel planning.
The proposed directives would
consolidate direction for travel planning
for both roads and trails in Forest
Service Manual (FSM) 7710 and Forest
Service Handbook (FSH) 7709.55.
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Direction for trail management would
continue to be found in FSM 2350.
Consistent terminology and delegations
of authority would be established in
FSM 7700, Zero Code.
The proposed directives expand the
scope of the current roads analysis
process to encompass trails and areas
designated for motor vehicle use, while
streamlining some of the procedural
requirements involved.
DATES: Comments must be received in
writing by May 8, 2007.
ADDRESSES: Send written comments to
Travel Management Proposed
Directives, Attention: LeRoy Schmitz,
c/o USDA Forest Service Northern
Region, P.O. Box 7669, Missoula, MT
59807; by delivery service to 200 East
Broadway, Missoula MT 59807; by email to traveldir@fs.fed.us; or by
facsimile to 406–329–3198.
All comments, including names and
addresses when provided, will be
placed in the record and will be
available for public inspection and
copying. The public may inspect
comments received on these proposed
directives in the office of the Director of
Engineering, USDA Forest Service
Northern Region, 200 East Broadway,
Missoula, MT 59807, on business days
between the hours of 8:30 a.m. and 4
p.m. Those wishing to inspect
comments are encouraged to call ahead
at 406–329–3173 to facilitate entry into
the building.
FOR FURTHER INFORMATION CONTACT: Joe
Gallagher, Recreation and Heritage
Resources Staff, (202) 205–0931.
SUPPLEMENTARY INFORMATION:
Background
On November 9, 2005, the Forest
Service published the travel
management rule, governing use of
motor vehicles on National Forest
System (NFS) lands. The travel
management rule (36 CFR part 212,
subpart B) requires each administrative
unit or Ranger District to designate
those roads, trails, and areas open to
motor vehicle use by vehicle class and,
if appropriate, by time of year. The
travel management rule also requires
designated roads, trails, and areas to be
identified on a motor vehicle use map.
After roads, trails, and areas have been
designated and identified on a motor
vehicle use map, motor vehicle use
inconsistent with those designations is
prohibited under 36 CFR 261.13.
The travel management rule
combined regulations governing
administration of the forest
transportation system and regulations
governing use of motor vehicles off NFS
roads into part 212, Travel Management,
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covering the use of motor vehicles on
NFS lands. The travel management rule
implements Executive Order (E.O.)
11644 (February 8, 1972), ‘‘Use of OffRoad Vehicles on the Public Lands,’’ as
amended by E.O. 11989 (May 24, 1977).
Nationally, the Forest Service
manages approximately 287,000 miles
of NFS roads and 32,000 miles of NFS
trails that are open to motor vehicle use.
Other NFS roads and NFS trails are
managed for nonmotorized uses or are
not open to general public use. Motor
vehicle routes in the forest
transportation system range from paved
roads designed for passenger cars to
single-track trails used by dirt bikes.
Many roads designed for high-clearance
vehicles (such as logging trucks and
sport utility vehicles) are also used by
all-terrain vehicles (ATVs) and other offhighway vehicles (OHVs) not normally
found on city streets. Almost all NFS
trails serve nonmotorized users such as
hikers, bicyclists, and equestrians, alone
or in combination with motorized users.
NFS roads often accept nonmotorized
use as well.
In addition to this managed system of
NFS roads and NFS trails, many
National Forests contain user-created
roads and trails. These routes are
concentrated in areas where crosscountry travel by motor vehicles has
been allowed and sometimes include
dense, braided networks of crisscrossing trail. There has been no
comprehensive national inventory of
user-created routes (and continuing
proliferation of these routes has made a
definitive inventory difficult), but they
are estimated to number in the tens of
thousands of miles.
Wilderness areas are closed to motor
vehicles by statute. On some National
Forests and portions of others, motor
vehicle use is restricted by order to
designated routes and areas. On other
National Forests, motor vehicle use is
not restricted to designated routes and
areas.
Need for Proposed Directives
The Forest Service provides internal
direction to field units through its
directives system, consisting of the FSM
and FSH. Directives provide guidance to
field units in implementing programs
established by statute and regulation.
Forest Service directives establish
agency policy for delegations of
authority, consistent definitions of
terms, clear and consistent
interpretation of regulatory language,
and standard processes.
The travel management rule will be
implemented on administrative units
and Ranger Districts, each of which will
complete the designation process and
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publish a motor vehicle use map
identifying those NFS roads, NFS trails,
and areas on NFS lands open to motor
vehicle use. The Forest Service hopes to
complete that task on all units of the
NFS within 4 years.
One of the main objectives of the
travel management rule is to provide a
consistent procedural framework and
consistent terminology for travel
management decisions made at the local
level. Current policy in the Forest
Service directives system was written
prior to the travel management rule and
reflects previous travel management
direction and terminology. For example,
current directives use the terms
‘‘classified road’’ and ‘‘unclassified
road,’’ which were removed by the
travel management rule. Until this
policy is updated, inconsistent
terminology may result in confusion
and inconsistent application of the
travel management rule. The proposed
directives are also needed to provide a
procedural approach to implementing
the travel management rule in
conformance with agency policy on
land management planning,
environmental analysis, roads analysis,
and other requirements of law and
policy.
While some of the proposed changes
simply reiterate direction in the travel
management rule, other proposed
changes provide clarifying instructions,
delegations of authority, or other
guidance on implementing the travel
management rule.
To ensure timely and consistent
implementation of the travel
management rule, the Forest Service is
proposing to amend travel management
directives in FSM 2350, 7700, and 7710
and FSH 7709.55. Many comments on
the proposed travel management
regulation requested an opportunity for
public input in development of agency
directives implementing the travel
management rule, and these proposed
directives are expected to garner
substantial public interest. Pursuant to
36 CFR part 216 and to build public
understanding of and participation in
travel management decisions, the Forest
Service is seeking comment on these
proposed directives. The proposed
directives are available for review on the
Forest Service Web site at https://
www.fs.fed.us/recreation/programs/ohv.
Additional purely technical,
nonsubstantive amendments to FSM
2354 and 7730 and FSH 2309.18 and
7709.59 (which primarily conform
terminology in those directives to
terminology in the travel management
rule) will be issued without public
notice and comment when these
proposed directives are finalized.
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Summary of Changes
The proposed directives would
conform agency directives to the travel
management rule. Many of the proposed
changes to the directives simply
reiterate requirements of the travel
management rule or update terminology
based on the travel management rule.
The Forest Service is not proposing to
revise the travel management rule.
Reviewers may find it helpful to become
familiar with the travel management
rule before reviewing these proposed
directives.
The proposed directives would
consolidate Forest Service policy for
travel management into FSM 7700. This
chapter, now entitled ‘‘Transportation
System,’’ would be renamed ‘‘Travel
Management’’ to be consistent with the
new title of 36 CFR part 212. FSM 7700,
Zero Code, would be amended to
contain new authorities and
responsibilities. FSM 7710, ‘‘Travel
Planning,’’ would be amended to
provide direction on travel analysis and
route and area designation. The ‘‘Travel
Planning Handbook,’’ FSH 7709.55,
would be revised to integrate roads
analysis into the new travel
management process. Directives
governing road maintenance and
operations would remain in FSM 7730,
‘‘Operations and Maintenance,’’ and
FSH 7709.59, the Road System
Operations Handbook.
Within FSM 2300, ‘‘Recreation
Management,’’ FSM 2350, ‘‘Trail, River,
and Similar Recreation Opportunities,’’
would be amended to consolidate travel
planning direction for motor vehicle
use, mirroring the consolidation of
regulations formerly in 36 CFR parts 212
and 295. Directives governing trail
maintenance and operations would
remain in FSM 2350 and FSH 2309.18.
A key objective of the proposed
directives is to integrate roads analysis,
as required by 36 CFR part 212, subpart
A, with the travel management process
required by 36 CFR part 212, subpart B,
to avoid duplicative planning processes.
On January 12, 2001, the Forest Service
published final regulations at 36 CFR
part 212, ‘‘Administration of the Forest
Development Transportation System;
Prohibitions; Use of Motor Vehicles Off
Forest System Roads; Final Rule’’ (roads
rule), and ‘‘Forest Service
Transportation; Final Administrative
Policy; Notice’’ (roads policy) (66 FR
3216). The roads rule requires each
administrative unit of the NFS to
‘‘identify the minimum road system
needed for safe and efficient travel and
for administration, utilization, and
protection of National Forest System
lands * * * incorporating a science-
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based roads analysis at the appropriate
scale’’ (36 CFR 212.5(b)). The new travel
management rule requires each
administrative unit or Ranger District of
the NFS to designate those roads, trails,
and areas open to motor vehicle use.
The Forest Service believes that a single,
integrated analysis can be used to fulfill
both requirements.
The roads policy (FSM 7700 and
7710) established Publication FS–643,
Roads Analysis: Informing Decisions
About Managing the National Forest
Transportation System (August 1999), as
the science-based roads analysis to be
followed when implementing the roads
rule. The roads policy also established
specific requirements for the use of
roads analysis at various scales prior to
making travel management decisions
involving NFS roads. The proposed
changes in the Forest Service directives
would move the six-step analysis
described in FS–643 to FSH 7709.55,
Chapter 20, and rename it ‘‘Travel
Analysis’’ to reflect its broader
application in informing travel
management decisions regarding motor
vehicle use on NFS roads, on NFS trails,
and in areas on NFS lands. The Forest
Service also proposes to change its
directives to streamline the travel
analysis process and to provide the
responsible official additional discretion
in determining the scope and scale of
travel analysis.
In addition to the section-by-section
discussion that follows, the digest
section of the proposed directives
enumerates the proposed changes from
existing directives.
Section-by-Section Analysis of
Proposed Changes
Proposed Revisions to FSM 2350, ‘‘Trail,
River, and Similar Recreation
Opportunities’’
FSM 2352, ‘‘Road Recreation
Management,’’ and FSM 2355, ‘‘OffRoad Vehicle Use Management,’’ would
be removed. To ensure consistent
implementation of the travel
management rule, direction for travel
planning, travel management decisions,
and designation of roads, trails, and
areas for motor vehicle use would be
moved to FSM 7710, ‘‘Travel Planning,’’
and would be revised to be consistent
with 36 CFR part 212.
FSM 2353, ‘‘National Forest System
Trails,’’ would be revised to conform
with the terminology and contents of 36
CFR part 212. FSM 2353.28,
‘‘Management of Motor Vehicle Use,’’
would be added to provide guidance for
management of NFS trails designated for
motor vehicle use. Other proposed
technical corrections not directly
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associated with the travel management
rule would update FSM 2353 to
conform with changes in laws,
regulations, and policy that have
occurred since this section was last
updated. Examples include the 2005
planning rule, the Forest Service’s
national Infrastructure database, and
changes in the Forest Service’s
organizational structure and accounting
practices.
Proposed Revisions to FSM 7700,
‘‘Travel Management,’’ Zero Code
FSM 7700, Zero Code, sets general
direction applicable to the entire
chapter, including FSM 7710 through
7740. The series title would be changed
from ‘‘Transportation System’’ to
‘‘Travel Management.’’ In general, the
Zero Code enumerates the agency’s
authority to establish policy, sets out the
agency’s objectives and general policy
for travel management, provides for
delegation of authority to agency
officials, and contains definitions for
terms used throughout the chapter. FSM
7700 concludes by identifying the
handbooks supplementing the direction
in that chapter.
In FSM 7701, ‘‘Authority,’’ the
references to 36 CFR part 212 would be
updated to reflect the changes effected
by the travel management rule and to
include references to E.O. 11644.
FSM 7702, ‘‘Objectives,’’ would be
updated to reflect the objectives of the
travel management rule: to manage
motor vehicle use within the
capabilities of the land and within
available agency resources; to provide a
wide range of recreation experiences for
NFS visitors; to address visitor safety;
and to involve the public and
coordinate with relevant governmental
entities in designating roads, trails, and
areas for motor vehicle use. The
proposed directives would add an
objective to make use of transit and
intermodal transportation systems.
FSM 7703, ‘‘Policy,’’ would be
updated to reflect new regulatory
requirements in 36 CFR part 212 and to
provide for consistent interpretation of
those requirements. In general, the
proposed directives would require the
responsible official to provide a
transportation system consistent with
the desired conditions described in the
applicable land management plan and
to coordinate with other transportation
officials and State, local, and tribal
governments when making travel
management decisions.
FSM 7703.1, ‘‘Travel Management,’’
would provide general direction for
designating routes and areas. FSM
7703.1 would reiterate the regulatory
requirements at 36 CFR part 212,
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subpart B. In addition, FSM 7703.1
would require responsible officials to
use travel analysis to consider the
criteria in 36 CFR 212.55 and contribute
towards identification of the minimum
road system needed for safe and
efficient travel and for administration,
utilization, and protection of NFS lands
(36 CFR 212.5(b)). Responsible officials
would be advised to use restraint in
designating areas for motor vehicle use.
Areas are not intended to be large or
numerous and should have natural
resource characteristics that are suitable
for cross-country motor vehicle use. No
administrative unit would be required
to designate areas.
FSM 7703.2, ‘‘Management
Opportunities,’’ would require travel
analysis to be based on a complete
inventory of NFS roads and NFS trails.
A complete inventory of user-created
routes would not be required. However,
responsible officials would be required
to work with the public to identify
which user-created routes might be
suitable for inclusion in the forest
transportation system. FSM 7703.2
would require consideration of the full
spectrum of motorized and
nonmotorized recreation opportunities,
so that designation results in an
appropriate mix of recreational
activities that minimize conflicts among
uses. Responsible officials would be
encouraged to consider the availability
of resources for maintenance and
administration before adding routes to
the forest transportation system. Grants,
agreements, and volunteers would be
considered in this evaluation. Lastly,
the requirement that travel management
decisions be informed by travel analysis
would be restated and clearly
established as policy.
FSM 7703.22, ‘‘Motor Vehicle Use Off
Designated Roads and Trails and
Outside Designated Areas,’’ would
reiterate the regulatory provision that
once designation is complete on an
administrative unit or Ranger District
and designated routes and areas are
identified on a motor vehicle use map,
motor vehicle use off the designated
system or inconsistent with the
designations will be prohibited by 36
CFR 261.13. Responsible officials would
be advised to apply provisions for
limited use of motor vehicles for big
game retrieval or dispersed camping
sparingly per 36 CFR 212.51(b).
FSM 7703.23, ‘‘Use by Over-Snow
Vehicles and Non-Motorized Use,’’
would establish that responsible
officials may use the provisions in 36
CFR 212.81 and 261.14 to allow, restrict,
or prohibit use by over-snow vehicles
on NFS roads, on NFS trails, and in
areas on NFS lands.
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FSM 7703.24, ‘‘Maintaining and
Reconstructing Roads,’’ FSM 7703.25,
‘‘Decommissioning Roads,’’ and FSM
7703.26, ‘‘Adding Roads,’’ would not be
changed.
FSM 7703.3, ‘‘Jurisdiction Over Forest
Transportation Facilities,’’ would
update terminology to match definitions
in 36 CFR 212.1, to expand language to
encompass jurisdiction over trails as
well as roads, and to recognize that
multiple agencies may share jurisdiction
over a single road or trail.
FSM 7703.4, ‘‘Common
Transportation Interests With Local
Public Road Authorities and Other
Landowners,’’ would incorporate minor
wording changes to improve clarity and
to correct the cross-reference to FSH
1509.11, section 23.
FSM 7703.5 would be renamed
‘‘Agreements for Road Operation and
Maintenance,’’ and would add a crossreference to FSM 2353.16.
FSM 7704, ‘‘Responsibility,’’ would
establish delegations of authority for
agency officials in travel management.
Responsibilities for the Director of
Recreation and Heritage Resources,
Washington Office, would be added to
reflect the integration in FSM 7700 of
direction for motor vehicle use on NFS
trails and in areas on NFS lands.
Regional Foresters would have the
responsibility to coordinate travel
analysis and planning to promote
consistency within States and between
adjacent national forests. Forest
Supervisors would be responsible for
conducting travel analysis, making
travel management decisions,
monitoring motor vehicle use, and
maintaining information about the forest
transportation system.
FSM 7705, ‘‘Definitions,’’ would
remove definitions for ‘‘classified
roads,’’ ‘‘forest roads,’’ ‘‘new road
construction,’’ ‘‘road improvement,’’
‘‘road realignment,’’ ‘‘road
reconstruction,’’ ‘‘temporary roads,’’
‘‘traffic service level,’’ ‘‘transportation
facility jurisdiction,’’ and ‘‘unclassified
roads’’; would add definitions for
‘‘administrative unit,’’ ‘‘all-terrain
vehicle,’’ ‘‘area,’’ ‘‘arterial road,’’
‘‘collector road,’’ ‘‘designated road, trail,
or area,’’ ‘‘engineering analysis,’’
‘‘engineering judgment,’’ ‘‘engineering
report,’’ ‘‘forest road or trail,’’ ‘‘forest
transportation atlas,’’ ‘‘forest
transportation system,’’ ‘‘highway-legal
vehicle,’’ ‘‘jurisdiction over a forest
transportation facility,’’ ‘‘local road,’’
‘‘motor vehicle,’’ ‘‘motor vehicle use
map,’’ ‘‘motorcycle,’’ ‘‘motorized mixed
use,’’ ‘‘National Forest System trail,’’
‘‘non-highway-legal vehicle,’’ ‘‘offhighway vehicle,’’ ‘‘over-snow vehicle,’’
‘‘private road,’’ ‘‘qualified engineer,’’
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‘‘road construction or reconstruction,’’
‘‘route,’’ ‘‘temporary road or trail,’’
‘‘terminal facility,’’ ‘‘trail,’’ ‘‘travel
management atlas,’’ and ‘‘unauthorized
road or trail’’; and would revise
definitions for ‘‘forest transportation
facility,’’ ‘‘forest transportation system
management,’’ ‘‘public road,’’ ‘‘road,’’
‘‘road decommissioning,’’ ‘‘road
maintenance,’’ and ‘‘road subject to the
Highway Safety Act.’’
FSM 7705, Exhibit 1, would be
revised to reflect policy changes and
changes in terminology and definitions.
FSM 7709 would be updated to reflect
changes in the titles of FSH 7709.55 and
7709.59.
Proposed Revisions to FSM 7710,
‘‘Travel Planning’’
This chapter would be renamed
‘‘Travel Planning.’’ Existing direction
for planning associated with the forest
transportation system would be revised
to reflect the regulatory changes in 36
CFR part 212. Directives implementing
the roads policy (36 CFR part 212,
subpart A) would be largely retained,
but would be updated to reflect the use
of travel analysis both to identify the
minimum road system needed for safe
and efficient travel and for
administration, utilization, and
protection of NFS lands and to inform
travel management decisions related to
designation of roads, trails, and areas for
motor vehicle use. FSM 7710 also
would provide responsible officials the
discretion to allow, restrict, or prohibit
use of over-snow vehicles on NFS lands
per 36 CFR part 212, subpart C.
The travel planning chapter would be
organized into 10 sections: FSM 7710
would establish authorities, objectives,
policy, responsibilities, and definitions
unique to this chapter. FSM 7711 would
establish policy for developing and
maintaining forest transportation system
records, including motor vehicle use
maps. FSM 7712 would establish policy
for conducting travel analysis. FSM
7713 and 7719 would be reserved for
future direction. FSM 7714 would
establish requirements for developing
road and trail management objectives.
FSM 7715 would establish policy for
making travel management decisions.
FSM 7716 would establish policy for
designating routes and areas for motor
vehicle use. FSM 7717 would set policy
for monitoring motor vehicle use and
revising designations. FSM 7718 would
describe policy for use of over-snow
vehicles.
FSM 7710.1, ‘‘Authority,’’ and FSM
7710.2, ‘‘Objectives,’’ largely would
reiterate the authorities and objectives
established in FSM 7700, Zero Code.
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FSM 7710.3, ‘‘Policy,’’ would
establish policy for determining the
minimum road system needed for safe
and efficient travel and for
administration, utilization, and
protection of NFS lands. FSM 7710.3
would require appropriate travel
analysis, environmental analysis, public
involvement, and intergovernmental
coordination to inform travel
management decisions. The criteria in
36 CFR 212.55 would guide travel
management decisions.
FSM 7710.04, ‘‘Responsibility,’’
would assign the Deputy Chief for the
National Forest System the
responsibility for approving schedules
for completing designation on each
administrative unit or Ranger District.
The Director of Engineering,
Washington Office, would be
responsible for maintaining and
publishing national standards for motor
vehicle use maps. Regional Foresters
would develop regional schedules for
designation and promote coordination
within States and between units. Forest
Supervisors would be responsible for
coordination with Federal, State,
county, and local public road
authorities; developing and maintaining
travel management atlases and motor
vehicle use maps; issuing temporary
emergency closures under 36 CFR
212.52(b)(2); approving travel
management decisions that designate
roads for motorized mixed use;
conducting travel analysis; conducting
appropriate environmental analysis and
making travel management decisions;
designating NFS roads, NFS trails, and
areas on NFS lands for motor vehicle
use; revising designations when
necessary; regulating over-snow vehicle
use on NFS lands when appropriate;
and monitoring motor vehicle use.
District Rangers would approve road
and trail management objectives and
other duties as delegated by the Forest
Supervisor.
FSM 7710.5, ‘‘Definitions,’’ would
add definitions for ‘‘primitive area’’ and
‘‘travel management decision’’ and
would remove the definition for
‘‘network analysis.’’
FSM 7711, ‘‘Forest Transportation
System Records,’’ would add policy for
developing and maintaining a travel
management atlas and making it
available to the public. The travel
management atlas consists of two parts:
the motor vehicle use map and the
forest transportation atlas. The forest
transportation atlas consists of maps,
inventories, and plans for forest
transportation facilities and tabular and
other data documenting the forest
transportation system, including a road
atlas. Travel management decisions
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would be documented in the travel
management atlas. Proposed direction
would allow storage of information on
unauthorized and decommissioned
routes, as well as routes in the forest
transportation system.
FSM 7711.3 would specify the
contents of motor vehicle use maps.
Motor vehicle use maps would be
widely available to the public and
would be reprinted annually regardless
of whether there are any changes to
designations.
Per 36 CFR 212.5(b), FSM 7712,
‘‘Travel Analysis,’’ would require that
the travel analysis in FSH 7709.55
incorporate a science-based roads
analysis at the appropriate scale. Travel
analysis would not be a decisionmaking process, but would be required
to inform travel management decisions,
including determining the minimum
road system needed for safe and
efficient travel and for administration,
utilization, and protection of NFS lands.
Travel analysis also could be used to
inform decisions relating to
management of over-snow vehicle use.
FSM 7712.1, ‘‘Scale and Scope of
Travel Analysis,’’ would revise
direction on the application of roads
analysis and remove the reference to
FS–643. Units would still be required to
complete a travel analysis addressing
broad-scale concerns, but responsible
officials would have more discretion to
determine the scale and scope at which
to conduct travel analysis. Travel
analysis would result in a set of focused
proposals for changes to the forest
transportation system or to existing
travel management direction. As under
existing policy, travel analysis would be
based on a complete and accurate
inventory of the forest transportation
system on an administrative unit or a
Ranger District, but in contrast to
existing policy, a complete inventory of
user-created routes on a unit or district
would no longer be required.
FSM 7712.2, ‘‘Travel Analysis and
Land Management Planning,’’ would
reflect recent changes in regulations
governing land management planning at
36 CFR part 219 and would establish
that travel management decisions are
made at the project level. While travel
management decisions must be
consistent with the applicable land
management plan, they would not be
made as part of the land management
planning process.
FSM 7712.3, ‘‘Relationship of Travel
Analysis to Travel Management
Decisions,’’ would establish direction
on the use of travel analysis and the
components of travel analysis when it is
used to inform travel management
decisions.
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FSM 7712.4, ‘‘Travel Analysis for
Administration of the Forest
Transportation System,’’ would revise
direction for the use of roads analysis in
determining the minimum road system
needed for safe and efficient travel and
for administration, utilization, and
protection of NFS lands.
FSM 7714, ‘‘Road and Trail
Management Objectives,’’ would revise
direction on establishment of road and
trail management objectives and would
add requirements for management
objectives for each NFS road and NFS
trail.
FSM 7715, ‘‘Travel Management
Decisions,’’ would establish objectives
and direction for making travel
management decisions that implement
36 CFR part 212.
Per 36 CFR 212.50(b) and the
preamble to the travel management rule
(70 FR 68268), FSM 7715.1,
‘‘Incorporating Previous Travel
Management Decisions,’’ would provide
that past travel management decisions
(including decisions to allow motor
vehicle use on NFS roads, on NFS trails,
and in areas on NFS lands and
restrictions on motor vehicle use)
represent the starting point for travel
analysis and travel management
decisions. As stated in 36 CFR
212.52(a), if an administrative unit or a
Ranger District already has a set of
travel management decisions consistent
with the requirements in 36 CFR 212.51,
the responsible official may, with public
notice but no further analysis or
decisionmaking, recognize that set of
decisions as the designation of NFS
roads, NFS trails, and areas on NFS
lands for motor vehicle use on that unit
or district.
FSM 7715.2, ‘‘Scale of Decisions,’’
would recognize the responsible
official’s discretion to establish the
appropriate scale at which to conduct
environmental analysis for travel
management decisions, as long as a
motor vehicle use map is published for
an entire administrative unit or Ranger
District.
FSM 7715.3, ‘‘Public Involvement and
Coordination with Governmental
Entities,’’ would reiterate the
requirements in 36 CFR 212.52, would
encourage responsible officials to use
the public notice and comment
procedures in the environmental
analysis process to fulfill those
requirements, and would encourage
early public involvement in the travel
planning process.
FSM 7714.4, ‘‘Environmental
Documentation,’’ would recognize that
the required environmental
documentation depends on the scale,
scope, and nature of the proposed
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changes to travel management decisions
and the site-specific issues involved.
FSM 7715.5, ‘‘Criteria,’’ would restate
the regulatory requirement to consider
both the general and specific criteria in
36 CFR 212.55 when making travel
management decisions.
FSM 7715.6, ‘‘Components of Travel
Management Decisions,’’ would
establish direction for nine components
of travel management decisions
necessary to implement the travel
management rule.
FSM 7715.61, ‘‘Restrictions,’’ would
recognize that when existing travel
management direction provides for large
tracts of NFS lands to be open to crosscountry motor vehicle use, responsible
officials must restrict motor vehicle use
to designated roads, trails, and areas to
meet the requirements of 36 CFR 212.51.
FSM 7715.62, ‘‘Roads and Trails,’’
would direct responsible officials to
consider jurisdiction over forest
transportation facilities when
designating NFS roads and NFS trails; to
evaluate the consistency of proposed
travel management decisions with
applicable State traffic laws; and to
coordinate travel management decisions
with adjacent administrative units and
Ranger Districts. Nothing in the travel
management rule or these proposed
directives in any way alters the Forest
Service’s jurisdiction to enforce traffic
laws, to protect NFS lands underlying
routes, or to regulate use, including use
on valid rights-of-way.
FSM 7715.63, ‘‘Areas,’’ would
reference the direction on areas
established in FSM 7703.14.
FSM 7715.64, ‘‘Big Game Retrieval
and Dispersed Camping,’’ would
reiterate authority established in 36 CFR
212.51(b) on including in designation
decisions the limited use of motor
vehicles within a specified distance of
certain designated routes, and if
appropriate within specified time
periods, solely for the purposes of
dispersed camping or big game retrieval.
This proposed direction includes a
clarification of the circumstances under
which this authority may be used. The
regulation states ‘‘within a specified
distance of certain designated routes.’’
The proposed directives would provide
‘‘within a specified distance of certain
forest roads and forest trails.’’ State and
county roads are not NFS roads and are
not subject to designation under the
rule. However, the intent of the
regulation is to allow the responsible
official to authorize limited use of motor
vehicles for dispersed camping and
game retrieval on NFS lands. It would
make little sense for this authority to
depend on the jurisdiction of the road
or trail involved. FSM 7715.64 also
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would encourage responsible officials to
consider alternatives prior to
designating off-route motor vehicle use
for dispersed camping or big game
retrieval.
FSM 7715.65, ‘‘Valid Existing Rights
and Private Roads,’’ would reiterate
direction from 36 CFR 212.55(d)(1)
recognizing valid existing rights.
FSM 7715.66, ‘‘Wilderness Areas and
Primitive Areas,’’ would reiterate the
regulatory prohibition in 36 CFR
212.55(e) against designation of roads,
trails, and areas in wilderness areas and
primitive areas.
FSM 7715.67, ‘‘Motorized Mixed Use
of NFS Roads,’’ would require certain
travel management decisions involving
motorized mixed use to be informed by
engineering analysis. Documentation of
engineering analysis would be
addressed in FSH 7709.55, Chapter 30.
FSM 7715.68, ‘‘User-Created Routes,’’
would establish that user-created routes
may be considered for inclusion in the
forest transportation system. FSM
7715.68 would provide that once
designation is complete on an
administrative unit or a Ranger District,
any user-created routes not added to the
forest transportation system would be
unauthorized and should be
decommissioned.
FSM 7715.69, ‘‘Accessibility,’’ would
reiterate that under the definitions in 36
CFR 212.1 and 261.2, wheelchairs are
not motor vehicles, are not subject to
designations under 36 CFR 212.51, and
are not subject to the prohibition on
motor vehicle use in 36 CFR 261.13.
Wheelchairs may be used wherever
pedestrian use is allowed. Pursuant to
section 504 of the Rehabilitation Act of
1973 and its implementing regulations
at 7 CFR 15e.103, FSM 7715.69 also
would recognize that there is no legal
requirement to allow people with
disabilities to use OHVs or other motor
vehicles on NFS roads, NFS trails, and
areas on NFS lands that are not
designated for motor vehicle use.
FSM 7716, ‘‘Designations,’’ would
describe the content of motor vehicle
designations.
FSM 7716.03, ‘‘Policy,’’ would
recognize that designations for motor
vehicle use do not establish that use as
dominant or exclusive of other uses and
that designations are not decisions, but
rather reflect travel management
decisions supported by appropriate
environmental analysis and public
involvement.
FSM 7716.1, ‘‘Content of
Designations,’’ would establish that
designation of an NFS road or NFS trail
includes the use of all terminal
facilities, trailheads, parking lots, and
turnouts associated with that road or
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10637
trail, as well as parking within one
vehicle length from the edge of the road
surface when safe to do so. FSM 7716.1
also would establish five standard
vehicle classes that may be used in
designations and would recognize that
designations by time of year must be
written in terms of the time of year the
route is open. When designations
include the limited use of motor
vehicles within a specified distance of
designated routes solely for dispersed
camping or big game retrieval, the
vehicle class and time of year specified
would not need to be the same as those
specified for the route.
FSM 7716.2, ‘‘Exemptions,’’ would
restate the exemptions from
designations enumerated in 36 CFR
212.51(a) and would explain some of
them.
FSM 7716.21, ‘‘Existing
Authorizations,’’ would require
responsible officials to review written
authorizations prior to publishing a
motor vehicle use map to ensure that
they specifically provide for motor
vehicle use to the extent necessary for
the authorized use.
FSM 7716.22, ‘‘Use of Public Roads,’’
would recognize that State, county, and
local public road authorities regulate
use of roads for which they have a
legally documented right-of-way. State,
county, and local public roads are not
subject to designations under the travel
management rule or the corresponding
prohibition on motor vehicle use.
FSM 7716.3, ‘‘Areas,’’ would establish
policy for designation of areas. Like
designations of roads and trails, area
designations would include vehicle
class and, if appropriate, time of year.
FSM 7716.3 would require area
boundaries to be displayed on the
corresponding motor vehicle use map
and to be easily located on the ground.
FSM 7716.4, ‘‘Identification of
Designated Roads, Trails and Areas,’’
would require administrative units and
Ranger Districts to produce motor
vehicle use maps meeting national
standards. Only the motor vehicle use
map is required to implement and
enforce designations. However, as soon
as practicable, units should post route
identification signs on routes designated
for motor vehicle use. Route
identification markers must correspond
to route identifiers shown on the
corresponding motor vehicle use map.
Signing would have to comply with EM
7100–15.
FSM 7716.5, ‘‘Travel Management
Orders,’’ would be organized in three
parts. FSM 7716.51, ‘‘Temporary
Emergency Closures,’’ would reiterate
the requirement for temporary
emergency closures from 36 CFR
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212.52(b)(2) and E.O. 11644 when the
responsible official determines that
motor vehicle use is directly causing or
will directly cause considerable adverse
effects on public safety, soil, vegetation,
wildlife habitat, or cultural resources.
These closures would remain in effect
until the responsible official determines
that the adverse effects have been
mitigated or eliminated and measures
have been implemented to prevent
future recurrence. FSM 7716.52,
‘‘Existing Orders,’’ would direct
responsible officials to review existing
orders and update or rescind them if
they duplicate or conflict with
designations. FSM 7716.53, ‘‘New
Orders,’’ would direct responsible
officials to avoid issuing orders that
duplicate or conflict with the
prohibition on motor vehicle use in 36
CFR 261.13. However, orders will still
be needed to close routes designated for
motor vehicle use on a temporary,
emergency basis, such as during natural
disasters or to protect public safety.
FSM 7716.54, ‘‘Enforcement,’’ would
reiterate that the motor vehicle use map
is the primary tool for enforcing the
prohibition at 36 CFR 261.13 and would
provide further direction on measuring
motor vehicle length, width, and
distances established in designations for
dispersed camping and big game
retrieval.
FSM 7717, ‘‘Monitoring and Revision
of Designations,’’ would be organized
into two sections. FSM 7717.1,
‘‘Monitoring of Motor Vehicle Use,’’
would reiterate the requirement in 36
CFR 212.57 for responsible officials to
monitor the effects of motor vehicle use.
FSM 7717.2, ‘‘Revision of
Designations,’’ would reiterate that
designations may be revised as needed
to meet changing conditions (36 CFR
212.54) and would provide that any
change in the status of a designated
route that will last more than 1 year
should be reflected on the
corresponding motor vehicle use map.
FSM 7718, ‘‘Over-Snow Vehicle Use,’’
would reiterate that responsible officials
may allow, restrict, or prohibit oversnow vehicle use under 36 CFR 212.81.
FSM 7718 would provide that
restrictions or prohibitions on oversnow vehicle use may be implemented
through orders issued under 36 CFR
part 261, subpart B, or under 36 CFR
212.81 and 261.14. If 36 CFR part 212,
subpart C, is used to restrict or prohibit
over-snow vehicle use, the requirements
governing designations in 36 CFR
212.52 through 212.57 would apply and
the responsible official would have to
publish an over-snow vehicle use map,
separate from the motor vehicle use
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map, displaying any restrictions or
prohibitions on over-snow vehicle use.
and areas) and other key provisions of
FS–643, Roads Analysis:
Proposed Revisions to FSH 7709.55, the
Travel Planning Handbook
The Forest Service proposes to
rename FSH 7709.55, the
‘‘Transportation Planning Handbook,’’
as ‘‘the Travel Planning Handbook.’’
Chapter 10 would be titled ‘‘Travel
Planning Process,’’ Chapter 20 would be
titled ‘‘Travel Analysis,’’ and Chapter 30
would be titled ‘‘Engineering Analysis.’’
Chapter 10, ‘‘Travel Planning
Process,’’ would establish a six-step
process for designation of roads, trails,
and areas for motor vehicle use. The six
steps of the route and area designation
process would be:
1. Compile existing travel
management direction.
2. Assemble resource and social data.
3. Use travel analysis to identify
proposals for change.
4. Conduct necessary environmental
analysis and decision making.
5. Identify designated routes and areas
on a motor vehicle use map.
6. Implement, monitor, and revise.
In step one, the responsible official
would compile existing travel
management direction to serve as the
starting point for travel planning. In step
two, the responsible official would
gather the information needed to
analyze the forest transportation system
and would engage the public and other
relevant governmental entities to
identify local resource and social issues,
recreational opportunities, and the need
for change in existing travel
management direction. In step three, the
responsible official would conduct
travel analysis, which could result in
specific proposals for changes to the
forest transportation system (additions
or deletions to the system of NFS roads
and NFS trails on the administrative
unit or Ranger District) and changes in
travel management direction (changes to
motor vehicle use or restrictions on
motor vehicle use on the unit or
District). In step four, the responsible
official would conduct and document
appropriate environmental analysis,
including consideration of alternatives,
and would make travel management
decisions. In step five, the responsible
official would identify designated routes
and areas on a motor vehicle use map.
In step six, the responsible official
would monitor motor vehicle use on the
unit or district and revise travel
management decisions as necessary.
Chapter 20, ‘‘Travel Analysis,’’ would
incorporate into Forest Service
directives the six-step process for travel
analysis (which is the third step in the
six-step process for designating routes
Informing Decisions About Managing
the National Forest Transportation
System (August 1999).
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The six steps of travel analysis are:
1. Setting up the analysis.
2. Describing the situation.
3. Identifying issues.
4. Assessing benefits, problems, and
risks.
5. Describing opportunities and
setting priorities.
6. Reporting.
In step one, the responsible official
would establish the scale, scope, and
depth of travel analysis and would
identify who will conduct it. In step
two, the responsible official would
describe current environmental and
social conditions. In step three, the
responsible official would identify
issues relevant to travel management
decisions. In step four, the responsible
official would analyze the benefits,
problems, and risks associated with the
forest transportation system. In step
five, the responsible official would use
the analysis conducted in step four to
identify recommendations for change
and proposed actions for purposes of
environmental analysis. In step six, the
responsible official would document the
results of travel analysis.
Chapter 30, ‘‘Engineering Analysis,’’
would incorporate into Forest Service
directives the process for exercising and
documenting engineering judgment
contained in EM–7700–30, ‘‘Guidelines
for Engineering Analysis of Motorized
Mixed Use on National Forest System
Roads.’’ Chapter 30 would require that
travel management decisions involving
motorized mixed use be informed by
engineering analysis conducted by a
qualified engineer. The analysis would
involve a technical evaluation of road
conditions and traffic and an analysis of
potential mitigation measures regarding
motorized mixed use. Depending on the
complexity of the situation, the analysis
would range from documenting
engineering judgment to a
comprehensive engineering report that
would address many factors related to
motorized mixed use, including
mitigation. The analysis would be
presented to the responsible official for
a decision.
Regulatory Certifications
Environmental Impact
The proposed directives would
provide policy and procedural guidance
to agency officials implementing the
travel management rule. Travel
management decisions implementing
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these proposed directives would
include appropriate site-specific
environmental analysis and public
involvement. The proposed directives
would have no effect on the ground
until designations of roads, trails, and
areas are completed at the field level,
with opportunity for public
involvement. Section 31b of Forest
Service Handbook 1909.15 (57 FR
43180, September 18, 1992) excludes
from documentation in an
environmental assessment or
environmental impact statement ‘‘rules,
regulations, or policies to establish
Service-wide administrative procedures,
program processes, or instructions.’’ The
agency’s conclusion is that these
proposed directives fall within this
category of actions and that no
extraordinary circumstances exist which
would require preparation of an
environmental assessment or
environmental impact statement.
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Regulatory Impact
The proposed directives have been
reviewed under USDA procedures and
E.O. 12866 on regulatory planning and
review. The Office of Management and
Budget (OMB) has determined that these
proposed directives are not significant
for purposes of E.O. 12866. These
proposed directives would not have an
annual effect of $100 million or more on
the economy, nor would they adversely
affect productivity, competition, jobs,
the environment, public health and
safety, or State and local governments.
These proposed directives would not
interfere with any action taken or
planned by another agency, nor would
they raise new legal or policy issues.
Finally, these proposed directives
would not alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
beneficiaries of such programs.
Accordingly, these proposed directives
are not subject to OMB review under
E.O. 12866.
Regulatory Flexibility Act Analysis
These proposed directives have been
considered in light of the Regulatory
Flexibility Act (5 U.S.C. 602 et seq. The
proposed directives would not have any
effect on small entities as defined by the
Regulatory Flexibility Act. The
proposed directives would require
identification at the field level, with
public input, of a designated system of
roads, trails, and areas for motor vehicle
use. The proposed directives would not
directly affect small businesses, small
organizations, and small governmental
entities. The agency has determined that
these proposed directives would not
have a significant economic impact on
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a substantial number of small entities
pursuant to the Regulatory Flexibility
Act because the directives would not
impose recordkeeping requirements on
them; would not affect their competitive
position in relation to large entities; and
would not affect their cash flow,
liquidity, or ability to remain in the
market.
No Takings Implications
These proposed directives have been
analyzed in accordance with the
principles and criteria contained in E.O.
12630. It has been determined that these
directives would not pose the risk of a
taking of private property.
Federalism and Consultation and
Coordination With Indian Tribal
Governments
The agency has considered these
proposed directives under the
requirements of E.O. 13132 on
federalism, and has determined that the
proposed directives conform with the
federalism principles set out in this
E.O.; would not impose any compliance
costs on the States; and would not have
substantial direct effects on the States,
the relationship between the Federal
government and the States, or the
distribution of power and
responsibilities among the various
levels of government. Therefore, the
agency has determined that no further
assessment of federalism implications is
necessary.
Moreover, these proposed directives
would not have Tribal implications as
defined by E.O. 13175, Consultation and
Coordination With Indian Tribal
Governments, and therefore advance
consultation with Tribes is not required.
Energy Effects
These proposed directives have been
reviewed under E.O. 13211 of May 18,
2001, Actions Concerning Regulations
That Significantly Affect the Energy
Supply. It has been determined that
these proposed directives would not
constitute a significant energy action as
defined in the E.O.
Unfunded Mandates
Pursuant to Title II of the Unfunded
Mandates Reform Act of 1995 (2 U.S.C.
1531–1538), which the President signed
into law on March 22, 1995, the agency
has assessed the effects of these
proposed directives on State, local, and
Tribal governments and the private
sector. These proposed directives would
not compel the expenditure of $100
million or more by any State, local, or
Tribal government or anyone in the
private sector. Therefore, a statement
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10639
under section 202 of the act is not
required.
Controlling Paperwork Burdens on the
Public
These proposed directives do not
contain any recordkeeping or reporting
requirements or other information
collection requirements as defined in 5
CFR part 1320 that are not already
required by law or not already approved
for use. Accordingly, the review
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.) and
its implementing regulations at 5 CFR
part 1320 do not apply.
Therefore, for the reasons set out in
this notice, the Forest Service proposes
to amend FSM 2350, 7700, and 7710
and FSH 7709.55. The proposed
directives are available for review on the
Forest Service Web site at https://
www.fs.fed.us/recreation/programs/ohv.
Dated: February 15, 2007.
Abigail R. Kimball,
Chief, Forest Service.
[FR Doc. E7–4261 Filed 3–8–07; 8:45 am]
BILLING CODE 3410–11–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Additions and
Deletions
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Additions to and deletions from
Procurement List.
AGENCY:
SUMMARY: This action adds to the
Procurement List products and services
to be furnished by nonprofit agencies
employing persons who are blind or
have other severe disabilities, and
deletes from the Procurement List
products previously furnished by such
agencies.
Effective Date: April 8, 2007.
Committee for Purchase
From People Who Are Blind or Severely
Disabled, Jefferson Plaza 2, Suite 10800,
1421 Jefferson Davis Highway,
Arlington, VA 22202–3259.
DATES:
ADDRESSES:
FOR FURTHER INFORMATION OR TO SUBMIT
COMMENTS CONTACT: Kimberly M. Zeich,
Telephone: (703) 603–7740, Fax: (703)
603–0655, or e-mail
CMTEFedReg@jwod.gov.
SUPPLEMENTARY INFORMATION:
Additions
On January 12, 2007, the Committee
for Purchase From People Who Are
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]]>Agencies
[Federal Register Volume 72, Number 46 (Friday, March 9, 2007)]
[Notices]
[Pages 10632-10639]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4261]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596-AC39
Travel Management, Proposed Forest Service Directives; Forest
Service Manual 2350, 7700, and 7710 and Forest Service Handbook 7709.55
AGENCY: Forest Service, USDA.
ACTION: Proposed directives; request for comment.
-----------------------------------------------------------------------
SUMMARY: The Forest Service proposes to amend internal agency
directives regarding travel management to make them consistent with and
facilitate implementation of the agency's final travel management rule
(36 CFR part 212), ``Travel Management; Designated Routes and Areas for
Motor Vehicle Use'' (70 FR 68264, November 9, 2005) (travel management
rule). The travel management rule requires each Forest Service
administrative unit or Ranger District to designate those roads,
trails, and areas open to motor vehicle use.
Changes to existing travel management directives are needed to
provide guidance on implementation of the travel management rule, to
conform terminology to the rule, to provide consistent direction on the
process of designating roads, trails, and areas for motor vehicle use,
and to integrate direction on roads analysis with direction on travel
planning.
The proposed directives would consolidate direction for travel
planning for both roads and trails in Forest Service Manual (FSM) 7710
and Forest Service Handbook (FSH) 7709.55.
[[Page 10633]]
Direction for trail management would continue to be found in FSM 2350.
Consistent terminology and delegations of authority would be
established in FSM 7700, Zero Code.
The proposed directives expand the scope of the current roads
analysis process to encompass trails and areas designated for motor
vehicle use, while streamlining some of the procedural requirements
involved.
DATES: Comments must be received in writing by May 8, 2007.
ADDRESSES: Send written comments to Travel Management Proposed
Directives, Attention: LeRoy Schmitz, c/o USDA Forest Service Northern
Region, P.O. Box 7669, Missoula, MT 59807; by delivery service to 200
East Broadway, Missoula MT 59807; by e-mail to traveldir@fs.fed.us; or
by facsimile to 406-329-3198.
All comments, including names and addresses when provided, will be
placed in the record and will be available for public inspection and
copying. The public may inspect comments received on these proposed
directives in the office of the Director of Engineering, USDA Forest
Service Northern Region, 200 East Broadway, Missoula, MT 59807, on
business days between the hours of 8:30 a.m. and 4 p.m. Those wishing
to inspect comments are encouraged to call ahead at 406-329-3173 to
facilitate entry into the building.
FOR FURTHER INFORMATION CONTACT: Joe Gallagher, Recreation and Heritage
Resources Staff, (202) 205-0931.
SUPPLEMENTARY INFORMATION:
Background
On November 9, 2005, the Forest Service published the travel
management rule, governing use of motor vehicles on National Forest
System (NFS) lands. The travel management rule (36 CFR part 212,
subpart B) requires each administrative unit or Ranger District to
designate those roads, trails, and areas open to motor vehicle use by
vehicle class and, if appropriate, by time of year. The travel
management rule also requires designated roads, trails, and areas to be
identified on a motor vehicle use map. After roads, trails, and areas
have been designated and identified on a motor vehicle use map, motor
vehicle use inconsistent with those designations is prohibited under 36
CFR 261.13.
The travel management rule combined regulations governing
administration of the forest transportation system and regulations
governing use of motor vehicles off NFS roads into part 212, Travel
Management, covering the use of motor vehicles on NFS lands. The travel
management rule implements Executive Order (E.O.) 11644 (February 8,
1972), ``Use of Off-Road Vehicles on the Public Lands,'' as amended by
E.O. 11989 (May 24, 1977).
Nationally, the Forest Service manages approximately 287,000 miles
of NFS roads and 32,000 miles of NFS trails that are open to motor
vehicle use. Other NFS roads and NFS trails are managed for
nonmotorized uses or are not open to general public use. Motor vehicle
routes in the forest transportation system range from paved roads
designed for passenger cars to single-track trails used by dirt bikes.
Many roads designed for high-clearance vehicles (such as logging trucks
and sport utility vehicles) are also used by all-terrain vehicles
(ATVs) and other off-highway vehicles (OHVs) not normally found on city
streets. Almost all NFS trails serve nonmotorized users such as hikers,
bicyclists, and equestrians, alone or in combination with motorized
users. NFS roads often accept nonmotorized use as well.
In addition to this managed system of NFS roads and NFS trails,
many National Forests contain user-created roads and trails. These
routes are concentrated in areas where cross-country travel by motor
vehicles has been allowed and sometimes include dense, braided networks
of criss-crossing trail. There has been no comprehensive national
inventory of user-created routes (and continuing proliferation of these
routes has made a definitive inventory difficult), but they are
estimated to number in the tens of thousands of miles.
Wilderness areas are closed to motor vehicles by statute. On some
National Forests and portions of others, motor vehicle use is
restricted by order to designated routes and areas. On other National
Forests, motor vehicle use is not restricted to designated routes and
areas.
Need for Proposed Directives
The Forest Service provides internal direction to field units
through its directives system, consisting of the FSM and FSH.
Directives provide guidance to field units in implementing programs
established by statute and regulation. Forest Service directives
establish agency policy for delegations of authority, consistent
definitions of terms, clear and consistent interpretation of regulatory
language, and standard processes.
The travel management rule will be implemented on administrative
units and Ranger Districts, each of which will complete the designation
process and publish a motor vehicle use map identifying those NFS
roads, NFS trails, and areas on NFS lands open to motor vehicle use.
The Forest Service hopes to complete that task on all units of the NFS
within 4 years.
One of the main objectives of the travel management rule is to
provide a consistent procedural framework and consistent terminology
for travel management decisions made at the local level. Current policy
in the Forest Service directives system was written prior to the travel
management rule and reflects previous travel management direction and
terminology. For example, current directives use the terms ``classified
road'' and ``unclassified road,'' which were removed by the travel
management rule. Until this policy is updated, inconsistent terminology
may result in confusion and inconsistent application of the travel
management rule. The proposed directives are also needed to provide a
procedural approach to implementing the travel management rule in
conformance with agency policy on land management planning,
environmental analysis, roads analysis, and other requirements of law
and policy.
While some of the proposed changes simply reiterate direction in
the travel management rule, other proposed changes provide clarifying
instructions, delegations of authority, or other guidance on
implementing the travel management rule.
To ensure timely and consistent implementation of the travel
management rule, the Forest Service is proposing to amend travel
management directives in FSM 2350, 7700, and 7710 and FSH 7709.55. Many
comments on the proposed travel management regulation requested an
opportunity for public input in development of agency directives
implementing the travel management rule, and these proposed directives
are expected to garner substantial public interest. Pursuant to 36 CFR
part 216 and to build public understanding of and participation in
travel management decisions, the Forest Service is seeking comment on
these proposed directives. The proposed directives are available for
review on the Forest Service Web site at https://www.fs.fed.us/
recreation/programs/ohv. Additional purely technical, nonsubstantive
amendments to FSM 2354 and 7730 and FSH 2309.18 and 7709.59 (which
primarily conform terminology in those directives to terminology in the
travel management rule) will be issued without public notice and
comment when these proposed directives are finalized.
[[Page 10634]]
Summary of Changes
The proposed directives would conform agency directives to the
travel management rule. Many of the proposed changes to the directives
simply reiterate requirements of the travel management rule or update
terminology based on the travel management rule. The Forest Service is
not proposing to revise the travel management rule. Reviewers may find
it helpful to become familiar with the travel management rule before
reviewing these proposed directives.
The proposed directives would consolidate Forest Service policy for
travel management into FSM 7700. This chapter, now entitled
``Transportation System,'' would be renamed ``Travel Management'' to be
consistent with the new title of 36 CFR part 212. FSM 7700, Zero Code,
would be amended to contain new authorities and responsibilities. FSM
7710, ``Travel Planning,'' would be amended to provide direction on
travel analysis and route and area designation. The ``Travel Planning
Handbook,'' FSH 7709.55, would be revised to integrate roads analysis
into the new travel management process. Directives governing road
maintenance and operations would remain in FSM 7730, ``Operations and
Maintenance,'' and FSH 7709.59, the Road System Operations Handbook.
Within FSM 2300, ``Recreation Management,'' FSM 2350, ``Trail,
River, and Similar Recreation Opportunities,'' would be amended to
consolidate travel planning direction for motor vehicle use, mirroring
the consolidation of regulations formerly in 36 CFR parts 212 and 295.
Directives governing trail maintenance and operations would remain in
FSM 2350 and FSH 2309.18.
A key objective of the proposed directives is to integrate roads
analysis, as required by 36 CFR part 212, subpart A, with the travel
management process required by 36 CFR part 212, subpart B, to avoid
duplicative planning processes. On January 12, 2001, the Forest Service
published final regulations at 36 CFR part 212, ``Administration of the
Forest Development Transportation System; Prohibitions; Use of Motor
Vehicles Off Forest System Roads; Final Rule'' (roads rule), and
``Forest Service Transportation; Final Administrative Policy; Notice''
(roads policy) (66 FR 3216). The roads rule requires each
administrative unit of the NFS to ``identify the minimum road system
needed for safe and efficient travel and for administration,
utilization, and protection of National Forest System lands * * *
incorporating a science-based roads analysis at the appropriate scale''
(36 CFR 212.5(b)). The new travel management rule requires each
administrative unit or Ranger District of the NFS to designate those
roads, trails, and areas open to motor vehicle use. The Forest Service
believes that a single, integrated analysis can be used to fulfill both
requirements.
The roads policy (FSM 7700 and 7710) established Publication FS-
643, Roads Analysis: Informing Decisions About Managing the National
Forest Transportation System (August 1999), as the science-based roads
analysis to be followed when implementing the roads rule. The roads
policy also established specific requirements for the use of roads
analysis at various scales prior to making travel management decisions
involving NFS roads. The proposed changes in the Forest Service
directives would move the six-step analysis described in FS-643 to FSH
7709.55, Chapter 20, and rename it ``Travel Analysis'' to reflect its
broader application in informing travel management decisions regarding
motor vehicle use on NFS roads, on NFS trails, and in areas on NFS
lands. The Forest Service also proposes to change its directives to
streamline the travel analysis process and to provide the responsible
official additional discretion in determining the scope and scale of
travel analysis.
In addition to the section-by-section discussion that follows, the
digest section of the proposed directives enumerates the proposed
changes from existing directives.
Section-by-Section Analysis of Proposed Changes
Proposed Revisions to FSM 2350, ``Trail, River, and Similar Recreation
Opportunities''
FSM 2352, ``Road Recreation Management,'' and FSM 2355, ``Off-Road
Vehicle Use Management,'' would be removed. To ensure consistent
implementation of the travel management rule, direction for travel
planning, travel management decisions, and designation of roads,
trails, and areas for motor vehicle use would be moved to FSM 7710,
``Travel Planning,'' and would be revised to be consistent with 36 CFR
part 212.
FSM 2353, ``National Forest System Trails,'' would be revised to
conform with the terminology and contents of 36 CFR part 212. FSM
2353.28, ``Management of Motor Vehicle Use,'' would be added to provide
guidance for management of NFS trails designated for motor vehicle use.
Other proposed technical corrections not directly associated with the
travel management rule would update FSM 2353 to conform with changes in
laws, regulations, and policy that have occurred since this section was
last updated. Examples include the 2005 planning rule, the Forest
Service's national Infrastructure database, and changes in the Forest
Service's organizational structure and accounting practices.
Proposed Revisions to FSM 7700, ``Travel Management,'' Zero Code
FSM 7700, Zero Code, sets general direction applicable to the
entire chapter, including FSM 7710 through 7740. The series title would
be changed from ``Transportation System'' to ``Travel Management.'' In
general, the Zero Code enumerates the agency's authority to establish
policy, sets out the agency's objectives and general policy for travel
management, provides for delegation of authority to agency officials,
and contains definitions for terms used throughout the chapter. FSM
7700 concludes by identifying the handbooks supplementing the direction
in that chapter.
In FSM 7701, ``Authority,'' the references to 36 CFR part 212 would
be updated to reflect the changes effected by the travel management
rule and to include references to E.O. 11644.
FSM 7702, ``Objectives,'' would be updated to reflect the
objectives of the travel management rule: to manage motor vehicle use
within the capabilities of the land and within available agency
resources; to provide a wide range of recreation experiences for NFS
visitors; to address visitor safety; and to involve the public and
coordinate with relevant governmental entities in designating roads,
trails, and areas for motor vehicle use. The proposed directives would
add an objective to make use of transit and intermodal transportation
systems.
FSM 7703, ``Policy,'' would be updated to reflect new regulatory
requirements in 36 CFR part 212 and to provide for consistent
interpretation of those requirements. In general, the proposed
directives would require the responsible official to provide a
transportation system consistent with the desired conditions described
in the applicable land management plan and to coordinate with other
transportation officials and State, local, and tribal governments when
making travel management decisions.
FSM 7703.1, ``Travel Management,'' would provide general direction
for designating routes and areas. FSM 7703.1 would reiterate the
regulatory requirements at 36 CFR part 212,
[[Page 10635]]
subpart B. In addition, FSM 7703.1 would require responsible officials
to use travel analysis to consider the criteria in 36 CFR 212.55 and
contribute towards identification of the minimum road system needed for
safe and efficient travel and for administration, utilization, and
protection of NFS lands (36 CFR 212.5(b)). Responsible officials would
be advised to use restraint in designating areas for motor vehicle use.
Areas are not intended to be large or numerous and should have natural
resource characteristics that are suitable for cross-country motor
vehicle use. No administrative unit would be required to designate
areas.
FSM 7703.2, ``Management Opportunities,'' would require travel
analysis to be based on a complete inventory of NFS roads and NFS
trails. A complete inventory of user-created routes would not be
required. However, responsible officials would be required to work with
the public to identify which user-created routes might be suitable for
inclusion in the forest transportation system. FSM 7703.2 would require
consideration of the full spectrum of motorized and nonmotorized
recreation opportunities, so that designation results in an appropriate
mix of recreational activities that minimize conflicts among uses.
Responsible officials would be encouraged to consider the availability
of resources for maintenance and administration before adding routes to
the forest transportation system. Grants, agreements, and volunteers
would be considered in this evaluation. Lastly, the requirement that
travel management decisions be informed by travel analysis would be
restated and clearly established as policy.
FSM 7703.22, ``Motor Vehicle Use Off Designated Roads and Trails
and Outside Designated Areas,'' would reiterate the regulatory
provision that once designation is complete on an administrative unit
or Ranger District and designated routes and areas are identified on a
motor vehicle use map, motor vehicle use off the designated system or
inconsistent with the designations will be prohibited by 36 CFR 261.13.
Responsible officials would be advised to apply provisions for limited
use of motor vehicles for big game retrieval or dispersed camping
sparingly per 36 CFR 212.51(b).
FSM 7703.23, ``Use by Over-Snow Vehicles and Non-Motorized Use,''
would establish that responsible officials may use the provisions in 36
CFR 212.81 and 261.14 to allow, restrict, or prohibit use by over-snow
vehicles on NFS roads, on NFS trails, and in areas on NFS lands.
FSM 7703.24, ``Maintaining and Reconstructing Roads,'' FSM 7703.25,
``Decommissioning Roads,'' and FSM 7703.26, ``Adding Roads,'' would not
be changed.
FSM 7703.3, ``Jurisdiction Over Forest Transportation Facilities,''
would update terminology to match definitions in 36 CFR 212.1, to
expand language to encompass jurisdiction over trails as well as roads,
and to recognize that multiple agencies may share jurisdiction over a
single road or trail.
FSM 7703.4, ``Common Transportation Interests With Local Public
Road Authorities and Other Landowners,'' would incorporate minor
wording changes to improve clarity and to correct the cross-reference
to FSH 1509.11, section 23.
FSM 7703.5 would be renamed ``Agreements for Road Operation and
Maintenance,'' and would add a cross-reference to FSM 2353.16.
FSM 7704, ``Responsibility,'' would establish delegations of
authority for agency officials in travel management. Responsibilities
for the Director of Recreation and Heritage Resources, Washington
Office, would be added to reflect the integration in FSM 7700 of
direction for motor vehicle use on NFS trails and in areas on NFS
lands. Regional Foresters would have the responsibility to coordinate
travel analysis and planning to promote consistency within States and
between adjacent national forests. Forest Supervisors would be
responsible for conducting travel analysis, making travel management
decisions, monitoring motor vehicle use, and maintaining information
about the forest transportation system.
FSM 7705, ``Definitions,'' would remove definitions for
``classified roads,'' ``forest roads,'' ``new road construction,''
``road improvement,'' ``road realignment,'' ``road reconstruction,''
``temporary roads,'' ``traffic service level,'' ``transportation
facility jurisdiction,'' and ``unclassified roads''; would add
definitions for ``administrative unit,'' ``all-terrain vehicle,''
``area,'' ``arterial road,'' ``collector road,'' ``designated road,
trail, or area,'' ``engineering analysis,'' ``engineering judgment,''
``engineering report,'' ``forest road or trail,'' ``forest
transportation atlas,'' ``forest transportation system,'' ``highway-
legal vehicle,'' ``jurisdiction over a forest transportation
facility,'' ``local road,'' ``motor vehicle,'' ``motor vehicle use
map,'' ``motorcycle,'' ``motorized mixed use,'' ``National Forest
System trail,'' ``non-highway-legal vehicle,'' ``off-highway vehicle,''
``over-snow vehicle,'' ``private road,'' ``qualified engineer,'' ``road
construction or reconstruction,'' ``route,'' ``temporary road or
trail,'' ``terminal facility,'' ``trail,'' ``travel management atlas,''
and ``unauthorized road or trail''; and would revise definitions for
``forest transportation facility,'' ``forest transportation system
management,'' ``public road,'' ``road,'' ``road decommissioning,''
``road maintenance,'' and ``road subject to the Highway Safety Act.''
FSM 7705, Exhibit 1, would be revised to reflect policy changes and
changes in terminology and definitions.
FSM 7709 would be updated to reflect changes in the titles of FSH
7709.55 and 7709.59.
Proposed Revisions to FSM 7710, ``Travel Planning''
This chapter would be renamed ``Travel Planning.'' Existing
direction for planning associated with the forest transportation system
would be revised to reflect the regulatory changes in 36 CFR part 212.
Directives implementing the roads policy (36 CFR part 212, subpart A)
would be largely retained, but would be updated to reflect the use of
travel analysis both to identify the minimum road system needed for
safe and efficient travel and for administration, utilization, and
protection of NFS lands and to inform travel management decisions
related to designation of roads, trails, and areas for motor vehicle
use. FSM 7710 also would provide responsible officials the discretion
to allow, restrict, or prohibit use of over-snow vehicles on NFS lands
per 36 CFR part 212, subpart C.
The travel planning chapter would be organized into 10 sections:
FSM 7710 would establish authorities, objectives, policy,
responsibilities, and definitions unique to this chapter. FSM 7711
would establish policy for developing and maintaining forest
transportation system records, including motor vehicle use maps. FSM
7712 would establish policy for conducting travel analysis. FSM 7713
and 7719 would be reserved for future direction. FSM 7714 would
establish requirements for developing road and trail management
objectives. FSM 7715 would establish policy for making travel
management decisions. FSM 7716 would establish policy for designating
routes and areas for motor vehicle use. FSM 7717 would set policy for
monitoring motor vehicle use and revising designations. FSM 7718 would
describe policy for use of over-snow vehicles.
FSM 7710.1, ``Authority,'' and FSM 7710.2, ``Objectives,'' largely
would reiterate the authorities and objectives established in FSM 7700,
Zero Code.
[[Page 10636]]
FSM 7710.3, ``Policy,'' would establish policy for determining the
minimum road system needed for safe and efficient travel and for
administration, utilization, and protection of NFS lands. FSM 7710.3
would require appropriate travel analysis, environmental analysis,
public involvement, and intergovernmental coordination to inform travel
management decisions. The criteria in 36 CFR 212.55 would guide travel
management decisions.
FSM 7710.04, ``Responsibility,'' would assign the Deputy Chief for
the National Forest System the responsibility for approving schedules
for completing designation on each administrative unit or Ranger
District. The Director of Engineering, Washington Office, would be
responsible for maintaining and publishing national standards for motor
vehicle use maps. Regional Foresters would develop regional schedules
for designation and promote coordination within States and between
units. Forest Supervisors would be responsible for coordination with
Federal, State, county, and local public road authorities; developing
and maintaining travel management atlases and motor vehicle use maps;
issuing temporary emergency closures under 36 CFR 212.52(b)(2);
approving travel management decisions that designate roads for
motorized mixed use; conducting travel analysis; conducting appropriate
environmental analysis and making travel management decisions;
designating NFS roads, NFS trails, and areas on NFS lands for motor
vehicle use; revising designations when necessary; regulating over-snow
vehicle use on NFS lands when appropriate; and monitoring motor vehicle
use. District Rangers would approve road and trail management
objectives and other duties as delegated by the Forest Supervisor.
FSM 7710.5, ``Definitions,'' would add definitions for ``primitive
area'' and ``travel management decision'' and would remove the
definition for ``network analysis.''
FSM 7711, ``Forest Transportation System Records,'' would add
policy for developing and maintaining a travel management atlas and
making it available to the public. The travel management atlas consists
of two parts: the motor vehicle use map and the forest transportation
atlas. The forest transportation atlas consists of maps, inventories,
and plans for forest transportation facilities and tabular and other
data documenting the forest transportation system, including a road
atlas. Travel management decisions would be documented in the travel
management atlas. Proposed direction would allow storage of information
on unauthorized and decommissioned routes, as well as routes in the
forest transportation system.
FSM 7711.3 would specify the contents of motor vehicle use maps.
Motor vehicle use maps would be widely available to the public and
would be reprinted annually regardless of whether there are any changes
to designations.
Per 36 CFR 212.5(b), FSM 7712, ``Travel Analysis,'' would require
that the travel analysis in FSH 7709.55 incorporate a science-based
roads analysis at the appropriate scale. Travel analysis would not be a
decision-making process, but would be required to inform travel
management decisions, including determining the minimum road system
needed for safe and efficient travel and for administration,
utilization, and protection of NFS lands. Travel analysis also could be
used to inform decisions relating to management of over-snow vehicle
use.
FSM 7712.1, ``Scale and Scope of Travel Analysis,'' would revise
direction on the application of roads analysis and remove the reference
to FS-643. Units would still be required to complete a travel analysis
addressing broad-scale concerns, but responsible officials would have
more discretion to determine the scale and scope at which to conduct
travel analysis. Travel analysis would result in a set of focused
proposals for changes to the forest transportation system or to
existing travel management direction. As under existing policy, travel
analysis would be based on a complete and accurate inventory of the
forest transportation system on an administrative unit or a Ranger
District, but in contrast to existing policy, a complete inventory of
user-created routes on a unit or district would no longer be required.
FSM 7712.2, ``Travel Analysis and Land Management Planning,'' would
reflect recent changes in regulations governing land management
planning at 36 CFR part 219 and would establish that travel management
decisions are made at the project level. While travel management
decisions must be consistent with the applicable land management plan,
they would not be made as part of the land management planning process.
FSM 7712.3, ``Relationship of Travel Analysis to Travel Management
Decisions,'' would establish direction on the use of travel analysis
and the components of travel analysis when it is used to inform travel
management decisions.
FSM 7712.4, ``Travel Analysis for Administration of the Forest
Transportation System,'' would revise direction for the use of roads
analysis in determining the minimum road system needed for safe and
efficient travel and for administration, utilization, and protection of
NFS lands.
FSM 7714, ``Road and Trail Management Objectives,'' would revise
direction on establishment of road and trail management objectives and
would add requirements for management objectives for each NFS road and
NFS trail.
FSM 7715, ``Travel Management Decisions,'' would establish
objectives and direction for making travel management decisions that
implement 36 CFR part 212.
Per 36 CFR 212.50(b) and the preamble to the travel management rule
(70 FR 68268), FSM 7715.1, ``Incorporating Previous Travel Management
Decisions,'' would provide that past travel management decisions
(including decisions to allow motor vehicle use on NFS roads, on NFS
trails, and in areas on NFS lands and restrictions on motor vehicle
use) represent the starting point for travel analysis and travel
management decisions. As stated in 36 CFR 212.52(a), if an
administrative unit or a Ranger District already has a set of travel
management decisions consistent with the requirements in 36 CFR 212.51,
the responsible official may, with public notice but no further
analysis or decisionmaking, recognize that set of decisions as the
designation of NFS roads, NFS trails, and areas on NFS lands for motor
vehicle use on that unit or district.
FSM 7715.2, ``Scale of Decisions,'' would recognize the responsible
official's discretion to establish the appropriate scale at which to
conduct environmental analysis for travel management decisions, as long
as a motor vehicle use map is published for an entire administrative
unit or Ranger District.
FSM 7715.3, ``Public Involvement and Coordination with Governmental
Entities,'' would reiterate the requirements in 36 CFR 212.52, would
encourage responsible officials to use the public notice and comment
procedures in the environmental analysis process to fulfill those
requirements, and would encourage early public involvement in the
travel planning process.
FSM 7714.4, ``Environmental Documentation,'' would recognize that
the required environmental documentation depends on the scale, scope,
and nature of the proposed
[[Page 10637]]
changes to travel management decisions and the site-specific issues
involved.
FSM 7715.5, ``Criteria,'' would restate the regulatory requirement
to consider both the general and specific criteria in 36 CFR 212.55
when making travel management decisions.
FSM 7715.6, ``Components of Travel Management Decisions,'' would
establish direction for nine components of travel management decisions
necessary to implement the travel management rule.
FSM 7715.61, ``Restrictions,'' would recognize that when existing
travel management direction provides for large tracts of NFS lands to
be open to cross-country motor vehicle use, responsible officials must
restrict motor vehicle use to designated roads, trails, and areas to
meet the requirements of 36 CFR 212.51.
FSM 7715.62, ``Roads and Trails,'' would direct responsible
officials to consider jurisdiction over forest transportation
facilities when designating NFS roads and NFS trails; to evaluate the
consistency of proposed travel management decisions with applicable
State traffic laws; and to coordinate travel management decisions with
adjacent administrative units and Ranger Districts. Nothing in the
travel management rule or these proposed directives in any way alters
the Forest Service's jurisdiction to enforce traffic laws, to protect
NFS lands underlying routes, or to regulate use, including use on valid
rights-of-way.
FSM 7715.63, ``Areas,'' would reference the direction on areas
established in FSM 7703.14.
FSM 7715.64, ``Big Game Retrieval and Dispersed Camping,'' would
reiterate authority established in 36 CFR 212.51(b) on including in
designation decisions the limited use of motor vehicles within a
specified distance of certain designated routes, and if appropriate
within specified time periods, solely for the purposes of dispersed
camping or big game retrieval. This proposed direction includes a
clarification of the circumstances under which this authority may be
used. The regulation states ``within a specified distance of certain
designated routes.'' The proposed directives would provide ``within a
specified distance of certain forest roads and forest trails.'' State
and county roads are not NFS roads and are not subject to designation
under the rule. However, the intent of the regulation is to allow the
responsible official to authorize limited use of motor vehicles for
dispersed camping and game retrieval on NFS lands. It would make little
sense for this authority to depend on the jurisdiction of the road or
trail involved. FSM 7715.64 also would encourage responsible officials
to consider alternatives prior to designating off-route motor vehicle
use for dispersed camping or big game retrieval.
FSM 7715.65, ``Valid Existing Rights and Private Roads,'' would
reiterate direction from 36 CFR 212.55(d)(1) recognizing valid existing
rights.
FSM 7715.66, ``Wilderness Areas and Primitive Areas,'' would
reiterate the regulatory prohibition in 36 CFR 212.55(e) against
designation of roads, trails, and areas in wilderness areas and
primitive areas.
FSM 7715.67, ``Motorized Mixed Use of NFS Roads,'' would require
certain travel management decisions involving motorized mixed use to be
informed by engineering analysis. Documentation of engineering analysis
would be addressed in FSH 7709.55, Chapter 30.
FSM 7715.68, ``User-Created Routes,'' would establish that user-
created routes may be considered for inclusion in the forest
transportation system. FSM 7715.68 would provide that once designation
is complete on an administrative unit or a Ranger District, any user-
created routes not added to the forest transportation system would be
unauthorized and should be decommissioned.
FSM 7715.69, ``Accessibility,'' would reiterate that under the
definitions in 36 CFR 212.1 and 261.2, wheelchairs are not motor
vehicles, are not subject to designations under 36 CFR 212.51, and are
not subject to the prohibition on motor vehicle use in 36 CFR 261.13.
Wheelchairs may be used wherever pedestrian use is allowed. Pursuant to
section 504 of the Rehabilitation Act of 1973 and its implementing
regulations at 7 CFR 15e.103, FSM 7715.69 also would recognize that
there is no legal requirement to allow people with disabilities to use
OHVs or other motor vehicles on NFS roads, NFS trails, and areas on NFS
lands that are not designated for motor vehicle use.
FSM 7716, ``Designations,'' would describe the content of motor
vehicle designations.
FSM 7716.03, ``Policy,'' would recognize that designations for
motor vehicle use do not establish that use as dominant or exclusive of
other uses and that designations are not decisions, but rather reflect
travel management decisions supported by appropriate environmental
analysis and public involvement.
FSM 7716.1, ``Content of Designations,'' would establish that
designation of an NFS road or NFS trail includes the use of all
terminal facilities, trailheads, parking lots, and turnouts associated
with that road or trail, as well as parking within one vehicle length
from the edge of the road surface when safe to do so. FSM 7716.1 also
would establish five standard vehicle classes that may be used in
designations and would recognize that designations by time of year must
be written in terms of the time of year the route is open. When
designations include the limited use of motor vehicles within a
specified distance of designated routes solely for dispersed camping or
big game retrieval, the vehicle class and time of year specified would
not need to be the same as those specified for the route.
FSM 7716.2, ``Exemptions,'' would restate the exemptions from
designations enumerated in 36 CFR 212.51(a) and would explain some of
them.
FSM 7716.21, ``Existing Authorizations,'' would require responsible
officials to review written authorizations prior to publishing a motor
vehicle use map to ensure that they specifically provide for motor
vehicle use to the extent necessary for the authorized use.
FSM 7716.22, ``Use of Public Roads,'' would recognize that State,
county, and local public road authorities regulate use of roads for
which they have a legally documented right-of-way. State, county, and
local public roads are not subject to designations under the travel
management rule or the corresponding prohibition on motor vehicle use.
FSM 7716.3, ``Areas,'' would establish policy for designation of
areas. Like designations of roads and trails, area designations would
include vehicle class and, if appropriate, time of year. FSM 7716.3
would require area boundaries to be displayed on the corresponding
motor vehicle use map and to be easily located on the ground.
FSM 7716.4, ``Identification of Designated Roads, Trails and
Areas,'' would require administrative units and Ranger Districts to
produce motor vehicle use maps meeting national standards. Only the
motor vehicle use map is required to implement and enforce
designations. However, as soon as practicable, units should post route
identification signs on routes designated for motor vehicle use. Route
identification markers must correspond to route identifiers shown on
the corresponding motor vehicle use map. Signing would have to comply
with EM 7100-15.
FSM 7716.5, ``Travel Management Orders,'' would be organized in
three parts. FSM 7716.51, ``Temporary Emergency Closures,'' would
reiterate the requirement for temporary emergency closures from 36 CFR
[[Page 10638]]
212.52(b)(2) and E.O. 11644 when the responsible official determines
that motor vehicle use is directly causing or will directly cause
considerable adverse effects on public safety, soil, vegetation,
wildlife habitat, or cultural resources. These closures would remain in
effect until the responsible official determines that the adverse
effects have been mitigated or eliminated and measures have been
implemented to prevent future recurrence. FSM 7716.52, ``Existing
Orders,'' would direct responsible officials to review existing orders
and update or rescind them if they duplicate or conflict with
designations. FSM 7716.53, ``New Orders,'' would direct responsible
officials to avoid issuing orders that duplicate or conflict with the
prohibition on motor vehicle use in 36 CFR 261.13. However, orders will
still be needed to close routes designated for motor vehicle use on a
temporary, emergency basis, such as during natural disasters or to
protect public safety.
FSM 7716.54, ``Enforcement,'' would reiterate that the motor
vehicle use map is the primary tool for enforcing the prohibition at 36
CFR 261.13 and would provide further direction on measuring motor
vehicle length, width, and distances established in designations for
dispersed camping and big game retrieval.
FSM 7717, ``Monitoring and Revision of Designations,'' would be
organized into two sections. FSM 7717.1, ``Monitoring of Motor Vehicle
Use,'' would reiterate the requirement in 36 CFR 212.57 for responsible
officials to monitor the effects of motor vehicle use. FSM 7717.2,
``Revision of Designations,'' would reiterate that designations may be
revised as needed to meet changing conditions (36 CFR 212.54) and would
provide that any change in the status of a designated route that will
last more than 1 year should be reflected on the corresponding motor
vehicle use map.
FSM 7718, ``Over-Snow Vehicle Use,'' would reiterate that
responsible officials may allow, restrict, or prohibit over-snow
vehicle use under 36 CFR 212.81. FSM 7718 would provide that
restrictions or prohibitions on over-snow vehicle use may be
implemented through orders issued under 36 CFR part 261, subpart B, or
under 36 CFR 212.81 and 261.14. If 36 CFR part 212, subpart C, is used
to restrict or prohibit over-snow vehicle use, the requirements
governing designations in 36 CFR 212.52 through 212.57 would apply and
the responsible official would have to publish an over-snow vehicle use
map, separate from the motor vehicle use map, displaying any
restrictions or prohibitions on over-snow vehicle use.
Proposed Revisions to FSH 7709.55, the Travel Planning Handbook
The Forest Service proposes to rename FSH 7709.55, the
``Transportation Planning Handbook,'' as ``the Travel Planning
Handbook.'' Chapter 10 would be titled ``Travel Planning Process,''
Chapter 20 would be titled ``Travel Analysis,'' and Chapter 30 would be
titled ``Engineering Analysis.''
Chapter 10, ``Travel Planning Process,'' would establish a six-step
process for designation of roads, trails, and areas for motor vehicle
use. The six steps of the route and area designation process would be:
1. Compile existing travel management direction.
2. Assemble resource and social data.
3. Use travel analysis to identify proposals for change.
4. Conduct necessary environmental analysis and decision making.
5. Identify designated routes and areas on a motor vehicle use map.
6. Implement, monitor, and revise.
In step one, the responsible official would compile existing travel
management direction to serve as the starting point for travel
planning. In step two, the responsible official would gather the
information needed to analyze the forest transportation system and
would engage the public and other relevant governmental entities to
identify local resource and social issues, recreational opportunities,
and the need for change in existing travel management direction. In
step three, the responsible official would conduct travel analysis,
which could result in specific proposals for changes to the forest
transportation system (additions or deletions to the system of NFS
roads and NFS trails on the administrative unit or Ranger District) and
changes in travel management direction (changes to motor vehicle use or
restrictions on motor vehicle use on the unit or District). In step
four, the responsible official would conduct and document appropriate
environmental analysis, including consideration of alternatives, and
would make travel management decisions. In step five, the responsible
official would identify designated routes and areas on a motor vehicle
use map. In step six, the responsible official would monitor motor
vehicle use on the unit or district and revise travel management
decisions as necessary.
Chapter 20, ``Travel Analysis,'' would incorporate into Forest
Service directives the six-step process for travel analysis (which is
the third step in the six-step process for designating routes and
areas) and other key provisions of FS-643, Roads Analysis:
Informing Decisions About Managing the National Forest Transportation
System (August 1999).
The six steps of travel analysis are:
1. Setting up the analysis.
2. Describing the situation.
3. Identifying issues.
4. Assessing benefits, problems, and risks.
5. Describing opportunities and setting priorities.
6. Reporting.
In step one, the responsible official would establish the scale,
scope, and depth of travel analysis and would identify who will conduct
it. In step two, the responsible official would describe current
environmental and social conditions. In step three, the responsible
official would identify issues relevant to travel management decisions.
In step four, the responsible official would analyze the benefits,
problems, and risks associated with the forest transportation system.
In step five, the responsible official would use the analysis conducted
in step four to identify recommendations for change and proposed
actions for purposes of environmental analysis. In step six, the
responsible official would document the results of travel analysis.
Chapter 30, ``Engineering Analysis,'' would incorporate into Forest
Service directives the process for exercising and documenting
engineering judgment contained in EM-7700-30, ``Guidelines for
Engineering Analysis of Motorized Mixed Use on National Forest System
Roads.'' Chapter 30 would require that travel management decisions
involving motorized mixed use be informed by engineering analysis
conducted by a qualified engineer. The analysis would involve a
technical evaluation of road conditions and traffic and an analysis of
potential mitigation measures regarding motorized mixed use. Depending
on the complexity of the situation, the analysis would range from
documenting engineering judgment to a comprehensive engineering report
that would address many factors related to motorized mixed use,
including mitigation. The analysis would be presented to the
responsible official for a decision.
Regulatory Certifications
Environmental Impact
The proposed directives would provide policy and procedural
guidance to agency officials implementing the travel management rule.
Travel management decisions implementing
[[Page 10639]]
these proposed directives would include appropriate site-specific
environmental analysis and public involvement. The proposed directives
would have no effect on the ground until designations of roads, trails,
and areas are completed at the field level, with opportunity for public
involvement. Section 31b of Forest Service Handbook 1909.15 (57 FR
43180, September 18, 1992) excludes from documentation in an
environmental assessment or environmental impact statement ``rules,
regulations, or policies to establish Service-wide administrative
procedures, program processes, or instructions.'' The agency's
conclusion is that these proposed directives fall within this category
of actions and that no extraordinary circumstances exist which would
require preparation of an environmental assessment or environmental
impact statement.
Regulatory Impact
The proposed directives have been reviewed under USDA procedures
and E.O. 12866 on regulatory planning and review. The Office of
Management and Budget (OMB) has determined that these proposed
directives are not significant for purposes of E.O. 12866. These
proposed directives would not have an annual effect of $100 million or
more on the economy, nor would they adversely affect productivity,
competition, jobs, the environment, public health and safety, or State
and local governments. These proposed directives would not interfere
with any action taken or planned by another agency, nor would they
raise new legal or policy issues. Finally, these proposed directives
would not alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of beneficiaries
of such programs. Accordingly, these proposed directives are not
subject to OMB review under E.O. 12866.
Regulatory Flexibility Act Analysis
These proposed directives have been considered in light of the
Regulatory Flexibility Act (5 U.S.C. 602 et seq. The proposed
directives would not have any effect on small entities as defined by
the Regulatory Flexibility Act. The proposed directives would require
identification at the field level, with public input, of a designated
system of roads, trails, and areas for motor vehicle use. The proposed
directives would not directly affect small businesses, small
organizations, and small governmental entities. The agency has
determined that these proposed directives would not have a significant
economic impact on a substantial number of small entities pursuant to
the Regulatory Flexibility Act because the directives would not impose
recordkeeping requirements on them; would not affect their competitive
position in relation to large entities; and would not affect their cash
flow, liquidity, or ability to remain in the market.
No Takings Implications
These proposed directives have been analyzed in accordance with the
principles and criteria contained in E.O. 12630. It has been determined
that these directives would not pose the risk of a taking of private
property.
Federalism and Consultation and Coordination With Indian Tribal
Governments
The agency has considered these proposed directives under the
requirements of E.O. 13132 on federalism, and has determined that the
proposed directives conform with the federalism principles set out in
this E.O.; would not impose any compliance costs on the States; and
would not have substantial direct effects on the States, the
relationship between the Federal government and the States, or the
distribution of power and responsibilities among the various levels of
government. Therefore, the agency has determined that no further
assessment of federalism implications is necessary.
Moreover, these proposed directives would not have Tribal
implications as defined by E.O. 13175, Consultation and Coordination
With Indian Tribal Governments, and therefore advance consultation with
Tribes is not required.
Energy Effects
These proposed directives have been reviewed under E.O. 13211 of
May 18, 2001, Actions Concerning Regulations That Significantly Affect
the Energy Supply. It has been determined that these proposed
directives would not constitute a significant energy action as defined
in the E.O.
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), which the President signed into law on March 22,
1995, the agency has assessed the effects of these proposed directives
on State, local, and Tribal governments and the private sector. These
proposed directives would not compel the expenditure of $100 million or
more by any State, local, or Tribal government or anyone in the private
sector. Therefore, a statement under section 202 of the act is not
required.
Controlling Paperwork Burdens on the Public
These proposed directives do not contain any recordkeeping or
reporting requirements or other information collection requirements as
defined in 5 CFR part 1320 that are not already required by law or not
already approved for use. Accordingly, the review provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its
implementing regulations at 5 CFR part 1320 do not apply.
Therefore, for the reasons set out in this notice, the Forest
Service proposes to amend FSM 2350, 7700, and 7710 and FSH 7709.55. The
proposed directives are available for review on the Forest Service Web
site at https://www.fs.fed.us/recreation/programs/ohv.
Dated: February 15, 2007.
Abigail R. Kimball,
Chief, Forest Service.
[FR Doc. E7-4261 Filed 3-8-07; 8:45 am]
BILLING CODE 3410-11-P
