Definition of a Ski Area, 38842-38843 [2013-15476]

Agencies

• DEPARTMENT OF AGRICULTURE
• Forest Service

[Federal Register Volume 78, Number 125 (Friday, June 28, 2013)]
[Rules and Regulations]
[Pages 38842-38843]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15476]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 251

RIN 0596-AD12


Definition of a Ski Area

AGENCY: Forest Service, USDA.

ACTION: Interim final rule.

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SUMMARY: The Forest Service is amending the definition of a ski area in 
its regulations to make it consistent with the authority in section 3 
of the Ski Area Recreational Opportunity Enhancement Act (SAROEA) of 
2011 to allow authorization of other snow sports besides Nordic and 
alpine skiing and, in appropriate circumstances, other seasonal and 
year-round natural resource-based recreation activities and associated 
facilities at ski areas on National Forest System (NFS) lands, provided 
that authorization of these other activities and facilities would not 
change the primary purpose of the ski areas to a purpose other than 
skiing and other snow sports.

DATES: The rule is effective July 29, 2013.

ADDRESSES: Send comments electronically by following the instructions 
at the Federal eRulemaking portal at https://www.regulations.gov. 
Comments also may be submitted by mail to USDA Forest Service Ski Area 
Definition Comments, GMUG National Forest, 2250 Highway 50, Delta, CO 
81416. If comments are sent electronically, duplicate comments should 
not be sent by mail. Receipt of comments cannot be confirmed.
    All comments, including names and addresses when provided, will be 
placed in the record and will be made available for public review and 
copying. Those wishing to review comments should call Corey Wong at 
(970) 874-6668 to schedule an appointment.

FOR FURTHER INFORMATION CONTACT: Corey Wong, Acting National Winter 
Sports Program Manager, 970-874-6668. Individuals who use 
telecommunication devices for the deaf may call the Federal Information 
Relay Service at 800-877-8339 between 8:00 a.m. and 8:00 p.m., Eastern 
Daylight Time, Monday through Friday.

SUPPLEMENTARY INFORMATION: Section 3 of SAROEA amended the National 
Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b) to allow 
authorization of other snow sports besides Nordic and alpine skiing at 
ski areas on NFS lands, such as snowboarding, sledding, and tubing. 
Section 3 of SAROEA also amended 16 U.S.C. 497b to allow authorization, 
in appropriate circumstances, of other seasonal and year-round natural 
resource-based recreation activities and associated facilities at ski 
areas on NFS lands, provided that authorization of these other 
activities and facilities would not change the primary purpose of the 
ski areas to a purpose other than skiing and other snow sports.
    The definition for a ski area in Forest Service regulations at 36 
CFR 251.51 implementing the National Forest Ski Area Permit Act 
provides for development only for Nordic and alpine skiing at ski areas 
on NFS lands and limits ancillary facilities at ski areas on NFS lands 
to those that support skiing. Accordingly, the Department is amending 
the definition for a ski area in 36 CFR 251.51 to provide for 
development for snow sports besides Nordic and alpine skiing at ski 
areas on NFS lands and to provide, in appropriate circumstances, for 
facilities necessary for other seasonal and year-round natural 
resource-based recreation activities at ski areas on NFS lands, 
provided that authorization of these other activities and facilities 
would not change the primary purpose of the ski area to a purpose other 
than skiing and other snow sports.
    The Department is expanding the requirement in the current 
definition of a ski area in 36 CFR 251.51 that the preponderance of 
revenue at a ski area derive from activities and facilities that 
support Nordic and alpine skiing to include revenue derived from 
activities and facilities that support other snow sports. This 
requirement can then be used to determine whether authorization of 
other seasonal, natural resource-based recreation activities and 
facilities would change the primary purpose of the ski area to a 
purpose other than skiing and other snow sports.
    The Department has also revised the terminology for types of 
revenue generated by ski areas on NFS lands to track the types of 
revenue that are included in the land use fee calculation for ski areas 
on NFS lands under the National Forest Ski Area Permit Fee Act of 1996 
(16 U.S.C. 497c).
    The amendment of the definition for a ski area in 36 CFR 251.51 
merely makes the definition consistent with the authority in section 3 
of SAROEA to allow authorization of additional recreation activities 
and associated facilities at ski areas on NFS lands and makes 
additional changes in terminology consistent with the National Forest 
Ski Area Permit Fee Act. These revisions are dictated by statute; the 
Department has no discretion in implementing them. Moreover, the 
revisions conform precisely to the corresponding language in the 
statutes.

Regulatory Certifications

Environmental Impact

    This interim final rule is making minor, purely technical, 
nondiscretionary changes to the definition of a ski area on NFS 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 service wide 
administrative procedures, program processes, or instructions. The 
Department has determined that this interim 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 interim 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 interim final rule is not significant. This 
interim 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 interim final rule will not interfere with 
an action taken or planned by another agency, nor will this interim 
final rule raise new legal or policy issues. Finally, this interim 
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 interim final rule 
is not subject to review by the Office of Management and Budget under 
E.O. 12866.
    The Department has considered this interim final rule in light of 
the Regulatory Flexibility Act (5 U.S.C. 602 et seq.). This interim 
final rule makes minor, purely technical, nondiscretionary changes to 
the

[[Page 38843]]

definition of a ski area on NFS lands. Therefore, the Department has 
determined that this interim final rule will not have a significant 
economic impact on a substantial number of small entities as defined by 
the Regulatory Flexibility Act because this interim 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 interim final rule under the 
requirements of E.O. 13132 on federalism. The Department has determined 
that this interim 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 the 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 interim 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 interim final rule.

No Takings Implications

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

Civil Justice Reform

    The Department has reviewed this interim final rule under E.O. 
12988 on civil justice reform. After adoption of this interim final 
rule, (1) All State and local laws and regulations that conflict with 
this interim final rule or that impede its full implementation will be 
preempted; (2) no retroactive effect will be given to this interim 
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 
interim final rule on State, local, and tribal governments and the 
private sector. This interim 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 this interim final rule under E.O. 
13211 of May 18, 2001, Actions Concerning Regulations That 
Significantly Affect Energy Supply. The Department has determined that 
this interim final rule does not constitute a significant energy action 
as defined in the E.O.

Controlling Paperwork Burdens on the Public

    This interim 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 interim final rule.

List of Subjects in 36 CFR Part 251

    Administrative practice and procedure, Electric power, National 
forests, Public lands-rights-of-way, Reporting and recordkeeping 
requirements, Water resources.
    Therefore, for the reasons set forth in the preamble, the Forest 
Service is amending subpart B of part 251 of Title 36 of the Code of 
Federal Regulations to read as follows:

PART 251-LAND USES

Subpart B-Special Uses

0
1. The authority citation for part 251, subpart B, continues to read as 
follows:

    Authority:  16 U.S.C. 4601-6a, 4601-6d, 472, 497b, 497c, 551, 
580d, 1134, 3210; 30 U.S.C. 185; 43 U.S.C. 1740, 1761-1771.


0
2. Amend Sec.  251.51 by revising the definition of ``ski area'' to 
read as follows:


Sec.  251.51  Definitions.

* * * * *
    Ski area--a site and associated facilities that has been primarily 
developed for alpine or Nordic skiing and other snow sports, but may 
also include, in appropriate circumstances, facilities necessary for 
other seasonal or year-round natural resource-based recreation 
activities, provided that a preponderance of revenue generated by the 
ski area derives from the sale of alpine and Nordic ski area passes and 
lift tickets, revenue from alpine, Nordic, and other snow sport 
instruction, and gross revenue from ancillary facilities that support 
alpine or Nordic skiing and other snow sports.
* * * * *

    Dated: June 20, 2013.
Ann C. Mills,
Acting Under Secretary.
[FR Doc. 2013-15476 Filed 6-27-13; 8:45 am]
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