Prohibitions-Developed Recreation Sites, 58403-58404 [2011-24231]

Download as PDF Federal Register / Vol. 76, No. 183 / Wednesday, September 21, 2011 / Rules and Regulations Dated: September 7, 2011. M.F. White, Captain, U.S. Coast Guard, Captain of the Port Charleston. ■ 2. Add a temporary § 165.T07–0575 to read as follows: BILLING CODE 9110–04–P § 165.T07–0575 Safety Zone; Swim Around Charleston, Charleston, SC. wreier-aviles on DSK7SPTVN1PROD with RULES Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. DEPARTMENT OF AGRICULTURE (a) Regulated Area. The following regulated area is a moving safety zone: all waters within a 75-yard radius around Swim Around Charleston participant vessels that are officially associated with the swim. The Swim Around Charleston swimming race consists of a 10-mile course that starts at Remley’s Point on the Wando River in approximate position 32°48′49″ N, 79°54′27″ W, crosses the main shipping channel of Charleston Harbor, and finishes at the General William B. Westmoreland Bridge on the Ashley River in approximate position 32°50′14″ N, 80°01′23″ W. All coordinates are North American Datum 1983. (b) Definition. The term ‘‘designated representative’’ means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port Charleston in the enforcement of the regulated area. (c) Regulations. (1) All persons and vessels are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Charleston or a designated representative. (2) Persons and vessels desiring to enter, transit through, anchor in, or remain within the regulated area may contact the Captain of the Port Charleston by telephone at 843–740– 7050, or a designated representative via VHF radio on channel 16, to request authorization. If authorization to enter, transit through, anchor in, or remain within the regulated area is granted by the Captain of the Port Charleston or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port Charleston or a designated representative. (3) The Coast Guard will provide notice of the regulated area by Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives. (d) Effective Date. This rule is effective from 10 a.m. until 4 p.m. on October 23, 2011. VerDate Mar<15>2010 15:15 Sep 20, 2011 Jkt 223001 [FR Doc. 2011–24140 Filed 9–20–11; 8:45 am] Forest Service 36 CFR Part 261 RIN 0596–AC98 Prohibitions—Developed Recreation Sites Forest Service, USDA. Direct final rule. AGENCY: ACTION: The Forest Service is making a purely technical, non-substantive change to Forest Service regulations, which will conform Forest Service regulations to U.S. Department of Justice (DOJ) regulations implementing Title II of the Americans with Disabilities Act (ADA). Effective March 15, 2011, these regulations use the phrase ‘‘service animal’’ to refer to a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability. Accordingly, the references to ‘‘seeing eye dog’’ are being changed to ‘‘service animal.’’ DATES: The rule is effective September 21, 2011. FOR FURTHER INFORMATION CONTACT: Mary King, Assistant Director for Enforcement and Liaison at 703–605– 4527 or via e-mail: mking@fs.fed.us. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through Friday. SUPPLEMENTARY INFORMATION: SUMMARY: 1. Background Effective March 15, 2011, DOJ regulations implementing Title II of the ADA use the term ‘‘service animal’’ to refer to a dog that has been individually trained to do work or perform tasks for the benefit of an individual with a disability. This final rule replaces ‘‘seeing eye dog’’ with ‘‘service animal’’ in Forest Service regulations at 36 CFR 261.16(j) and (k) to conform to DOJ’s revised regulations. 2. Section-by-Section Analysis 36 CFR Part 261, Subpart A Section 261.16 Developed Recreation Sites. Paragraph (j) currently prohibits PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 58403 ‘‘bringing in or possessing an animal, other than a seeing eye dog, unless it is crated, caged, or upon a leash not longer than six feet, or otherwise under physical restrictive control.’’ This final rule amends paragraph (j) prohibit, ‘‘bringing in or possessing an animal, other than a service animal, unless it is crated, caged, or upon a leash not longer than six feet, or otherwise under physical restrictive control.’’ Paragraph (k) currently prohibits ‘‘bringing in or possessing in a swimming area an animal, other than a seeing eye dog.’’ This final rule amends paragraph (k) to prohibit, ‘‘bringing in or possessing in a swimming area an animal, other than a service animal.’’ 3. Regulatory Certifications Environmental Impact This final rule revises law enforcement regulations governing certain activities on National Forest System lands. Forest Service regulations at 36 CFR 220.6(d)(2) exclude from documentation in an environmental assessment or environmental impact statement rules, regulations, or policies to establish servicewide administrative procedures, program processes, or instructions. The Department has determined that this final rule falls within this category of actions and that no extraordinary circumstances exist which require preparation of an environmental assessment or environmental impact statement. This final rule has been reviewed under USDA procedures and Executive Order (E.O.) 12866 on regulatory planning and review. It has been determined that this final rule is not significant. This final rule will not have an annual effect of $100 million or more on the economy, nor will it adversely affect productivity, competition, jobs, the environment, public health or safety, or State or local governments. This final rule will not interfere with an action taken or planned by another agency, nor will this final rule raise new legal or policy issues. Finally, this final rule will not alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of beneficiaries of those programs. Accordingly, this final rule is not subject to review by the Office of Management and Budget under E.O. 12866. This final rule has been considered in light of the Regulatory Flexibility Act (5 U.S.C. 602 et seq.) This final rule makes a purely technical, non-substantive change to Forest Service regulations. Therefore, the Department has determined that this final rule will not E:\FR\FM\21SER1.SGM 21SER1 58404 Federal Register / Vol. 76, No. 183 / Wednesday, September 21, 2011 / Rules and Regulations have a significant economic impact on a substantial number of small entities as defined by that Act, because this final rule will not impose record-keeping requirements on them; it will not affect their competitive position in relation to large entities; and it will not affect their cash flow, liquidity, or ability to remain in the market. Federalism and Consultation and Coordination With Indian Tribal Governments The Department has considered this final rule under the requirements of E.O. 13132 on federalism. The Department has determined that this final rule conforms to the federalism principles set out in this E.O.; will not impose any compliance costs on the States; and will not have substantial direct effects on the States, on the relationship between the Federal Government and States, or on the distribution of power and responsibilities among the various levels of government. Therefore, the Department has determined that no further determination of federalism implications is necessary at this time. This final rule does not have tribal implications per E.O. 13175, Consultation and Coordination with Indian Tribal Governments. Therefore, advance consultation with tribes is not required in connection with the final rule. No Takings Implications The Department has analyzed the final rule in accordance with the principles and criteria in E.O. 12630 and has determined that his final rule will not pose the risk of a taking of private property. wreier-aviles on DSK7SPTVN1PROD with RULES Jkt 223001 The Department has reviewed the final rule under E.O. 13211 of May 18, 2001, Actions Concerning Regulations That Significantly Affect Energy Supply. The Department has determined that this final rule does not constitute a significant energy action as defined in the E.O. Controlling Paperwork Burdens on the Public This final rule does not contain any record-keeping 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 (44 U.S.C. 3501 et seq.) and its implementing regulations at 5 CFR part 1320 do not apply to this final rule. List of Subjects in 36 CFR Part 261 Law Enforcement, National Forests. Therefore, for the reasons set forth in the preamble, the Forest Service is amending subpart A of part 261 of Title 36 of the Code of Federal Regulations, as follows: Subpart A—General Prohibitions 1. In § 261.16, revise paragraphs (j) and (k) to read as follows: ■ Unfunded Mandates Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538), the Department has assessed the effects of this final rule on State, local, and tribal governments and the private sector. This final rule will not compel the expenditure of $100 million or more by any State, local, or tribal government or anyone in the 15:15 Sep 20, 2011 Energy Effects PART 261—PROHIBITIONS Civil Justice Reform The Department has reviewed this final rule under E.O. 12988 on civil justice reform. After adoption of this final rule, (1) all State and local laws and regulations that conflict with this final rule or that impedes its full implementation will be preempted; (2) no retroactive effect will be given to this final rule; and (3) it will not require administrative proceedings before parties may file suit in court challenging its provisions. VerDate Mar<15>2010 private sector. Therefore, a statement under section 202 of the Act is not required. § 261.16 Developed recreation sites. * * * * * (j) Bringing in or possessing an animal, other than a service animal, unless it is crated, caged, or upon a leash not longer than six feet, or otherwise under physical restrictive control. (k) Bringing in or possessing in a swimming area an animal, other than a service animal. * * * * * Dated: September 15, 2011. Harris D. Sherman, Under Secretary, NRE. [FR Doc. 2011–24231 Filed 9–20–11; 8:45 am] BILLING CODE 3410–11–P PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–SFUND–1983–0002; FRL–9467–9] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the California Gulch Superfund Site Environmental Protection Agency. ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) Region 8 announces the deletion of the remaining portions of Operable Unit 9 (OU9), the Residential Populated Areas, of the California Gulch Superfund Site (Site), located in Lake County, Colorado, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This partial deletion pertains to the remaining portions of OU9. Operable units 1, 3, 4, 5, 6, 7, 11 and 12 will remain on the NPL and are not being considered for deletion as part of this action. The EPA and the State of Colorado, through the Colorado Department of Public Health and Environment, have determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five-year reviews, have been completed. However, the deletion of these parcels does not preclude future actions under Superfund. SUMMARY: Effective Date: This action is effective September 21, 2011. ADDRESSES: Information Repositories: EPA has established a docket for this action under Docket Identification No. EPA–HQ–SFUND–1983–0002. All documents in the docket are listed on the https://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through https:// www.regulations.gov or in hard copy at the site information repositories. DATES: E:\FR\FM\21SER1.SGM 21SER1

Agencies

[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Rules and Regulations]
[Pages 58403-58404]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24231]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 261

RIN 0596-AC98


Prohibitions--Developed Recreation Sites

AGENCY: Forest Service, USDA.

ACTION: Direct final rule.

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

SUMMARY: The Forest Service is making a purely technical, non-
substantive change to Forest Service regulations, which will conform 
Forest Service regulations to U.S. Department of Justice (DOJ) 
regulations implementing Title II of the Americans with Disabilities 
Act (ADA). Effective March 15, 2011, these regulations use the phrase 
``service animal'' to refer to a dog that has been individually trained 
to do work or perform tasks for the benefit of an individual with a 
disability. Accordingly, the references to ``seeing eye dog'' are being 
changed to ``service animal.''

DATES: The rule is effective September 21, 2011.

FOR FURTHER INFORMATION CONTACT: Mary King, Assistant Director for 
Enforcement and Liaison at 703-605-4527 or via e-mail: mking@fs.fed.us.
    Individuals who use telecommunication devices for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through 
Friday.

SUPPLEMENTARY INFORMATION: 

1. Background

    Effective March 15, 2011, DOJ regulations implementing Title II of 
the ADA use the term ``service animal'' to refer to a dog that has been 
individually trained to do work or perform tasks for the benefit of an 
individual with a disability. This final rule replaces ``seeing eye 
dog'' with ``service animal'' in Forest Service regulations at 36 CFR 
261.16(j) and (k) to conform to DOJ's revised regulations.

2. Section-by-Section Analysis

36 CFR Part 261, Subpart A

    Section 261.16 Developed Recreation Sites. Paragraph (j) currently 
prohibits ``bringing in or possessing an animal, other than a seeing 
eye dog, unless it is crated, caged, or upon a leash not longer than 
six feet, or otherwise under physical restrictive control.'' This final 
rule amends paragraph (j) prohibit, ``bringing in or possessing an 
animal, other than a service animal, unless it is crated, caged, or 
upon a leash not longer than six feet, or otherwise under physical 
restrictive control.''
    Paragraph (k) currently prohibits ``bringing in or possessing in a 
swimming area an animal, other than a seeing eye dog.'' This final rule 
amends paragraph (k) to prohibit, ``bringing in or possessing in a 
swimming area an animal, other than a service animal.''

3. Regulatory Certifications

Environmental Impact

    This final rule revises law enforcement regulations governing 
certain activities on National Forest System lands. Forest Service 
regulations at 36 CFR 220.6(d)(2) exclude from documentation in an 
environmental assessment or environmental impact statement rules, 
regulations, or policies to establish servicewide administrative 
procedures, program processes, or instructions. The Department has 
determined that this final rule falls within this category of actions 
and that no extraordinary circumstances exist which require preparation 
of an environmental assessment or environmental impact statement.
    This final rule has been reviewed under USDA procedures and 
Executive Order (E.O.) 12866 on regulatory planning and review. It has 
been determined that this final rule is not significant. This final 
rule will not have an annual effect of $100 million or more on the 
economy, nor will it adversely affect productivity, competition, jobs, 
the environment, public health or safety, or State or local 
governments. This final rule will not interfere with an action taken or 
planned by another agency, nor will this final rule raise new legal or 
policy issues. Finally, this final rule will not alter the budgetary 
impact of entitlements, grants, user fees, or loan programs or the 
rights and obligations of beneficiaries of those programs. Accordingly, 
this final rule is not subject to review by the Office of Management 
and Budget under E.O. 12866.
    This final rule has been considered in light of the Regulatory 
Flexibility Act (5 U.S.C. 602 et seq.) This final rule makes a purely 
technical, non-substantive change to Forest Service regulations. 
Therefore, the Department has determined that this final rule will not

[[Page 58404]]

have a significant economic impact on a substantial number of small 
entities as defined by that Act, because this final rule will not 
impose record-keeping requirements on them; it will not affect their 
competitive position in relation to large entities; and it will not 
affect their cash flow, liquidity, or ability to remain in the market.

Federalism and Consultation and Coordination With Indian Tribal 
Governments

    The Department has considered this final rule under the 
requirements of E.O. 13132 on federalism. The Department has determined 
that this final rule conforms to the federalism principles set out in 
this E.O.; will not impose any compliance costs on the States; and will 
not have substantial direct effects on the States, on the relationship 
between the Federal Government and States, or on the distribution of 
power and responsibilities among the various levels of government. 
Therefore, the Department has determined that no further determination 
of federalism implications is necessary at this time.
    This final rule does not have tribal implications per E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments. 
Therefore, advance consultation with tribes is not required in 
connection with the final rule.

No Takings Implications

    The Department has analyzed the final rule in accordance with the 
principles and criteria in E.O. 12630 and has determined that his final 
rule will not pose the risk of a taking of private property.

Civil Justice Reform

    The Department has reviewed this final rule under E.O. 12988 on 
civil justice reform. After adoption of this final rule, (1) all State 
and local laws and regulations that conflict with this final rule or 
that impedes its full implementation will be preempted; (2) no 
retroactive effect will be given to this final rule; and (3) it will 
not require administrative proceedings before parties may file suit in 
court challenging its provisions.

Unfunded Mandates

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1531-1538), the Department has assessed the effects of this 
final rule on State, local, and tribal governments and the private 
sector. This final rule will 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.

Energy Effects

    The Department has reviewed the final rule under E.O. 13211 of May 
18, 2001, Actions Concerning Regulations That Significantly Affect 
Energy Supply. The Department has determined that this final rule does 
not constitute a significant energy action as defined in the E.O.

Controlling Paperwork Burdens on the Public

    This final rule does not contain any record-keeping 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 (44 U.S.C. 3501 et seq.) and its implementing regulations 
at 5 CFR part 1320 do not apply to this final rule.

List of Subjects in 36 CFR Part 261

    Law Enforcement, National Forests.

    Therefore, for the reasons set forth in the preamble, the Forest 
Service is amending subpart A of part 261 of Title 36 of the Code of 
Federal Regulations, as follows:

PART 261--PROHIBITIONS

Subpart A--General Prohibitions

0
1. In Sec.  261.16, revise paragraphs (j) and (k) to read as follows:


Sec.  261.16  Developed recreation sites.

* * * * *
    (j) Bringing in or possessing an animal, other than a service 
animal, unless it is crated, caged, or upon a leash not longer than six 
feet, or otherwise under physical restrictive control.
    (k) Bringing in or possessing in a swimming area an animal, other 
than a service animal.
* * * * *

    Dated: September 15, 2011.
Harris D. Sherman,
Under Secretary, NRE.
[FR Doc. 2011-24231 Filed 9-20-11; 8:45 am]
BILLING CODE 3410-11-P
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