Proposed Directive for Additional Seasonal or Year-Round Recreation Activities at Ski Areas, 60816-60820 [2013-23998]
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60816
Notices
Federal Register
Vol. 78, No. 191
Wednesday, October 2, 2013
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contains documents other than rules or
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AGENCY FOR INTERNATIONAL
DEVELOPMENT
Senior Executive Services (SES)
Performance Review Board: Update
U.S. Agency for International
Development, Office of Inspector
General.
ACTION: Notice.
AGENCY:
This notice is hereby given of
the appointment of members of the
updated U.S. Agency for International
Development, Office of Inspector
General’s Senior Executive Service
Performance Review Board.
DATES: September 23, 2013
FOR FURTHER INFORMATION CONTACT:
Robert S. Ross, Assistant Inspector
General for Management, Office of
Inspector General, U.S. Agency for
International Development, 1300
Pennsylvania Avenue NW., Room 8.08–
029, Washington, DC 20523–8700;
telephone 202–712–0010; FAX 202–
216–3392; Internet Email address:
rross@usaid.gov (for Email messages,
the subject line should include the
following reference—USAID OIG SES
Performance Review Board).
SUPPLEMENTARY INFORMATION: 5 U.S.C.
4314 (b)(c) requires each agency to
establish, in accordance with
regulations prescribed by the Office of
Personnel Management at 5 CFR part
430, subpart C and Section 430.307
thereof in particular, one or more SES
Performance Review Boards. The board
shall review and evaluate the initial
appraisal of each USAID OIG senior
executive’s performance by his or her
supervisor, along with any
recommendations to the appointing
authority relative to the performance of
the senior executive. This notice
updates the membership of the USAID
OIG’s SES Performance Review Board as
it was last published on October 12,
2012.
Approved: September 23, 2013.
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SUMMARY:
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The following have been selected as
regular members of the SES
Performance Review Board of the U.S.
Agency for International Development,
Office of Inspector General:
Lisa Risley, Assistant Inspector General
for Investigations
Robert S. Ross, Assistant Inspector
General for Management
Lisa S. Goldfluss, Legal Counsel
Alvin A. Brown, Deputy Assistant
Inspector General for Audit
Melinda Dempsey, Deputy Assistant
Inspector General for Audit
Lisa McClennon, Deputy Assistant
Inspector General for Investigations
Winona Varnon, Deputy Chairman for
Management and Budget, National
Endowment for the Arts
Robert Peterson, Assistant Inspector
General for Inspections, Department
of State
Richard Clark, Deputy Assistant
Inspector General, Investigations,
Department of Labor
Dated: September 20, 2013.
Michael Carroll,
Acting Inspector General.
[FR Doc. 2013–24075 Filed 10–1–13; 8:45 am]
BILLING CODE 6116–01–P
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596–AD13
Proposed Directive for Additional
Seasonal or Year-Round Recreation
Activities at Ski Areas
Forest Service, USDA.
Notice of proposed directive;
request for public comment.
AGENCY:
ACTION:
The Forest Service is
proposing to revise its directives for ski
areas authorized under the National
Forest Ski Area Permit Act of 1986 (Ski
Area Permit Act) (16 U.S.C. 497b) to
provide additional guidance for
implementing the 2011 amendment to
this Act, known as the Ski Area
Recreational Opportunity Enhancement
Act (SAROEA) (Pub. L. 112–46, 125
Stat. 538). Current directives limit the
criteria for determining whether
additional seasonal and year-round
recreation activities may be approved at
ski areas to those listed in SAROEA.
The proposed directives would add
criteria to help Authorized Officers
SUMMARY:
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determine whether proposals for these
activities are consistent with SAROEA.
The proposed directive also would
provide guidance on non-exclusive use
at ski areas, that is, recreational use at
ski areas, such as snowshoeing or crosscountry skiing, by the non-paying
public. Furthermore, the proposed
directive would clarify policy regarding
advertising. Timely comments will be
considered in the development of the
final directive.
DATES: Comments must be received in
writing by December 2, 2013.
ADDRESSES: Submit 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
Comments, Pacific Southwest Regional
Office, 1323 Club Drive, Vallejo, CA
94592. If comments are submitted
electronically, duplicate comments
should not be sent by mail. Handdelivered comments will not be
accepted, and receipt of comments
cannot be confirmed. Please confine
comments to issues pertinent to the
proposed directive, explain the reasons
for any recommended changes, and,
where possible, reference the specific
section and wording being addressed.
All comments, including names and
addresses when provided, will be
placed in the record and will be made
available to the public for review and
copying. Those wishing to review
comments should call Sean Wetterberg
at 707–562–8842 to schedule an
appointment.
FOR FURTHER INFORMATION CONTACT:
Sean Wetterberg, Acting National
Winter Sports Program Manager, 707–
562–8842. 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:
1. Background and Need for the
Proposed Directive
Most of the 122 ski areas operating on
National Forest System (NFS) lands in
the United States are authorized under
a special use permit issued per the Ski
Area Permit Act. As originally enacted,
the Ski Area Permit Act authorized
Nordic and alpine skiing at ski areas on
NFS lands. On November 7, 2011,
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Congress enacted SAROEA, which
amended the Ski Area Permit Act to
authorize additional seasonal and yearround recreation activities and
associated facilities that may be
approved at ski areas. SAROEA contains
a non-exhaustive list of additional
seasonal and year-round recreation
activities and associated facilities that
may, if certain criteria are met, be
approved and a non-exhaustive list of
additional seasonal and year-round
recreation activities and associated
facilities that may not be approved at ski
areas. On August 5, 2013, the Forest
Service amended FSM 2340 to
incorporate the self-executing portions
of SAROEA, that is, the list of additional
seasonal and year-round activities and
associated facilities that may be
authorized at ski areas and the criteria
that must be met for those activities to
be authorized.
Summer uses at ski areas, both on
private and NFS lands, have been
increasing in recent years. This increase
has been driven in part by new
technologies and by the growing
number of people seeking recreation
activities in more managed settings.
Some of these summer uses, such as zip
lines, canopy tours (often a combination
of zip lines, suspension bridges, and
belay points), and mountain bike parks,
can be natural-resource based,
encourage outdoor recreation and
enjoyment of nature, and harmonize
with the natural environment,
consistent with SAROEA. Other
summer uses have facilities that are
common at amusement parks, such as
merry-go-rounds, Ferris wheels,
miniature train rides, and roller
coasters, that do not meet the criteria in
SAROEA. Given recent trends in use at
ski areas, the Agency believes that it
would be helpful to ski area permit
holders and permit administrators to
add criteria into policy for determining
whether proposals for additional
seasonal and year-round recreation
activities and associated facilities are
consistent with SAROEA. The Agency
also believes that it will be helpful to
include the list of additional seasonal
and year-round recreation activities and
associated facilities that are prohibited
at ski areas based on the exclusions in
SAROEA. This list of prohibited
activities and facilities is not included
in the current directive (published
August 5, 2013) because its purpose was
to allow authorization of only those
additional seasonal and year-round
recreation activities and associated
facilities that are specifically permitted
under SAROEA. Therefore, there was no
need in the current directive to list
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additional seasonal and year-round
recreation activities and associated
facilities that are precluded under
SAROEA.
The Agency recognizes that additional
seasonal and year-round recreation
activities and associated facilities are
important to the long-term viability of
ski areas, and that the more managed
outdoor recreation settings at ski areas
could introduce urban-based population
segments, especially youth, to outdoor
recreation. This exposure could build a
deeper appreciation for nature that
could lead to further exploration of NFS
lands beyond ski areas. Further
guidance on authorization of additional
seasonal and year-round recreation
activities and associated facilities at ski
areas will help permit administrators
review proposals for these activities
consistent with these objectives and
SAROEA.
Forest Service regulations and ski area
permits provide that authorized uses of
NFS lands are not exclusive, and that
the Forest Service may require common
use of the lands or use by others in any
way that is not inconsistent with the
permit holder’s rights and privileges,
after consultation with all affected
parties. Several ski areas on NFS lands
have experienced a significant increase
in the number of recreationists using
snowshoes or cross-country skis or
simply traveling on foot on slopes
within ski areas. The Agency has
identified a need to address how this
type of public use may be conducted
efficiently and safely. Consequently, the
proposed directives would provide
guidance on recreational use at ski areas
by the non-paying public.
2. Section-by-Section Analysis of
Proposed Changes to FSM 2340,
Publicly Provided Recreation
Opportunities
2340.5—Definitions
Definitions would be added for
‘‘amusement park,’’ ‘‘amusement park
ride,’’ and ‘‘natural resource-based
recreation’’ because they are used in the
proposed directive to help determine
what types of additional seasonal or
year-round recreation activities and
associated facilities are appropriate at
ski areas. The definition for Terrain Park
would be revised to add bicycles.
2343.03—Policy (Concession Uses
Involving Privately Developed Facilities)
Proposed Paragraph 11.d
The paragraph would be modified to
add ‘‘business partners’’ to the list of
entities that may display their name and
logo on company vehicles.
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Proposed Paragraph 11.f
The title and text would be revised to
add ‘‘recreation events’’ to clarify that
temporary approval of outdoor
advertising is not limited to competitive
events.
Proposed Paragraph 11.g
The text would be revised to add
‘‘race gates’’ to the locations where
support for snow sport race courses and
terrain parks may be recognized.
2343.11—Policy (Ski Areas)
Proposed Paragraph 3
The list of allowable additional
seasonal and year-round recreation
activities and associated facilities in
SAROEA that was included in this
paragraph would be relocated to FSM
2343.14. New paragraph 3 would
provide direction to encourage
additional seasonal or year-round
recreation opportunities at ski areas that
connect visitors to the natural
environment and that support the Forest
Service’s mission. This paragraph
would establish a broad framework to
guide proposals for additional seasonal
or year-round recreation activities and
associated facilities at ski areas.
Proposed Paragraph 4
The list of factors governing
additional seasonal or year-round
recreation activities and associated
facilities that was included in this
paragraph would be relocated to FSM
2343.14. New paragraph 4 would be
added to clarify that ski area permit
holders may be allowed to charge fees
for use of improvements and services in
which they have made capital
investments, such as ski trails or other
facilities they constructed, groom, or
otherwise maintain, and to clarify that
ski area permit holders may not be
allowed to charge for use of nonmotorized or motorized trails that are
constructed and maintained by the
Forest Service.
Proposed Paragraph 5
The text regarding utilization of
existing facilities included in this
paragraph would be relocated to FSM
2343.14. New paragraph 5 would
preclude authorization of an entrance
fee at ski areas, and would allow
authorization of fees for facilities and
services the holders provide, such as
lifts, parking lots, and slopes and trails
that have been cleared, graded, groomed
or covered with manmade snow.
Additionally, this paragraph would
encourage authorized officers to ensure
that some portions of the permit area
remain open to the public without
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charge, so that the holder’s charges do
not constitute de facto entrance fees.
Proposed Paragraph 6
The text regarding the basis for
modifying acreage under a ski area
permit that was included in this
paragraph would be relocated to FSM
2343.14. New paragraph 6 would direct
Authorized Officers to ensure that ski
area operations comply with Forest
Service regulations and permit
requirements for non-exclusive use and
that ski areas remain open to the nonpaying public for all lawful uses that are
not inconsistent with the holder’s rights
and privileges. Additionally, this
paragraph would require documentation
in the operating plan of authorized
restrictions on use by the non-paying
public and posting of those restrictions
in locations where they would be
effective in informing the public. This
paragraph also would provide that in
most cases it would not be appropriate
for restrictions to preclude all public
use during the ski season other than by
those purchasing a lift ticket or paying
for other services.
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2343.14—Additional Seasonal or YearRound Recreation Activities and
Associated Facilities at Ski Areas
Proposed Paragraph 1
Paragraph 1 would include criteria in
addition to those enumerated at 36 CFR
251.54(e)(1) to be applied during initial
screening of proposals involving
additional seasonal or year-round
recreation activities and associated
facilities at ski areas. These additional
initial screening criteria include all the
requirements in SAROEA that must be
met for authorization of additional
seasonal and year-round recreation
activities and associated facilities at ski
areas, except for consistency with
applicable law and the applicable land
management plan. These additional
criteria include not changing the
primary purpose of the ski area to other
than snow sports; encouraging outdoor
recreation and enjoyment of nature and
providing natural resource-based
recreation opportunities; to the extent
practicable, being located within the
developed portions of the ski area or
areas that will be developed pursuant to
a master development plan; and, to the
extent practicable, harmonizing with the
natural environment of the site where
they would be located. Including
consistency with applicable law and the
applicable land management plan in
paragraph 1 would be redundant, as this
criterion is already included in initial
screening of special use proposals under
36 CFR 251.54(e)(1)(i) and (e)(1)(ii). The
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requirement ‘‘to the extent practicable,
to be located within the developed
portions of the ski area’’ was modified
to require, to the extent practicable,
location within the portions of the ski
area that are developed or that will be
developed pursuant to the master
development plan. Locations in a ski
area that are zoned for development
pursuant to a master development plan
may become developed portions of the
ski area.
In addition, the Agency is proposing
to clarify what is meant by harmonizing
with the natural environment of the site
where the proposed activities would be
located by providing that they must:
(1) Be visually subordinate to the ski
area’s existing vegetation and landscape,
and
(2) Not require significant
modifications to topography to facilitate
construction or operations.
The Agency is also proposing to add
that the proposed additional seasonal or
year-round recreation activities and
associated facilities must:
(1) Be consistent with the level of
development for snow sports and the
zoning established in the ski area’s
master development plan;
(2) Not compromise snow sports
operations or functions; and
(3) Increase utilization of snow sports
infrastructure and not require extensive
new support facilities, such as parking
lots, restaurants, and lifts.
These additional criteria are
consistent with the criteria in SAROEA.
Consistency with the master
development plan is akin to consistency
with the applicable land management
plan. Since SAROEA provides that
snow sports must remain paramount at
ski areas on NFS lands, additional
seasonal and year-round recreation
activities and associated facilities must
not compromise snow sports operations
or functions. Requiring that proposals
for these activities increase utilization of
snow sports infrastructure and not
require extensive new support facilities
is consistent with the requirements not
to change the primary purpose of the ski
area to other than snow sports and to be
located in the developed portions of the
ski area. Thus, these additional criteria
would assist ski area permit holders in
developing proposals for these activities
that meet the requirements of SAROEA
and would assist Authorized Officers in
evaluating these proposals consistent
with SAROEA.
Proposed Paragraph 2
This paragraph lists the four
additional seasonal or year-round
recreation activities and associated
facilities enumerated in SAROEA (zip
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lines, mountain bike terrain parks and
trails, Frisbee golf courses, and ropes
courses) that may be approved if they
meet the criteria in proposed paragraph
1. This list is not exhaustive. Other
additional seasonal or year-round
recreation activities and associated
facilities may meet the criteria in
proposed paragraph 1.
Proposed Paragraph 3
This paragraph lists the five
additional seasonal or year-round
recreation activities and associated
facilities enumerated in SAROEA
(tennis courts, water slides and water
parks, swimming pools, golf courses,
and amusement parks) that may not be
approved at ski areas on NFS lands.
This list is not exhaustive. Other
additional seasonal or year-round
recreation activities and associated
facilities may not meet the criteria in
proposed paragraph 1.
Proposed Paragraph 4
This paragraph would enumerate a
non-exhaustive list of factors that may
affect whether other additional seasonal
or year-round recreation activities and
associated facilities besides those listed
in paragraph 2 may be approved,
including but not limited to extensive
use of synthetic materials, the degree to
which visitors are able to engage with
the natural setting, the extent to which
the activity could be expected to lead to
further exploration and enjoyment of
other NFS lands, and the similarity of
the activities and associated facilities to
those enumerated in paragraph 2 or
paragraph 3. These factors would assist
in application of the criteria in
paragraph 1 and would help establish
similarity to activities and associated
facilities listed in paragraph 2 or
paragraph 3. For example, extensive use
of synthetic materials and the extent to
which an activity and associated
facilities could be expected to lead to
further exploration and enjoyment of
other NFS lands may affect whether a
proposed activity and associated
facilities would encourage outdoor
recreation and enjoyment of nature,
provide natural resource-based
recreation opportunities, and harmonize
with the natural environment. The
speed at which visitors travel and are
able to engage with the natural setting
may affect whether a proposed activity
and associated facilities are more like a
zip line or more like an amusement park
ride.
Proposed Paragraph 5
Consistent with the requirement in
SAROEA that additional seasonal and
year-round recreation activities and
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associated facilities provide natural
resource-based recreation opportunities,
paragraph 5 would provide that
attributes common in national forest
settings must be essential to the
recreation experience provided by
additional seasonal and year-round
recreation activities and associated
facilities.
Proposed Paragraph 6
This paragraph would allow
temporary activities at ski areas that rely
on existing infrastructure, such as
concerts and weddings, even if they are
not necessarily dependent on but could
be enhanced by a National Forest
setting. This paragraph also would
preclude authorizing new facilities
solely for these temporary activities.
harmonize with the surrounding natural
environment.
2721.61e for more information on these
types of permits.
Proposed Paragraph 10
4. Section-by-Section Analysis of
Proposed Changes to FSH 2709.14,
Recreation Special Uses Handbook
Consistent with SAROEA, this
paragraph would provide that
authorization of additional seasonal or
year-round recreation activities and
associated facilities is subject to terms
and conditions deemed appropriate by
the authorized officer. This provision
was previously codified at FSM
2343.11, paragraph 4c.
Proposed Paragraph 11
Paragraph 7 would encourage holders
to utilize existing facilities to provide
additional seasonal or year-round
recreation activities. This paragraph was
previously codified at FSM 2343.11,
paragraph 5.
Consistent with SAROEA, paragraph
11 would provide that the acreage
necessary for additional seasonal or
year-round recreation activities and
associated facilities may not be
considered in determining the acreage
encompassed by a ski area permit and
that permit area expansions must be
based on needs related to snow sports
rather than additional seasonal or yearround recreation. This provision was
previously codified at FSM 2343.11,
paragraph 6.
Proposed Paragraph 8
Proposed Paragraph 12
This paragraph would provide for
utilization of master development plans
to guide the placement and design of
additional seasonal or year-round
recreation facilities. Additionally, this
paragraph would require the following
three steps to be followed as part of the
master development planning process,
in this sequence: (1) Establish zones to
guide placement and design of
additional seasonal or year-round
recreation facilities, basing the zones on
the existing natural setting and level of
development to support snow sports, (2)
depict the location of the facilities, and
(3) establish a timeframe for their
construction. These requirements would
provide a consistent planning
framework for the development of
additional seasonal or year-round
recreation facilities, thereby avoiding
piece-meal development, and would
ensure that the level of development
supporting snow sports is not exceeded
by the level of development supporting
facilities for additional seasonal or yearround recreation activities.
Consistent with SAROEA, this
paragraph would provide that
additional seasonal or year-round
recreation activities and associated
facilities that were authorized before
enactment of SAROEA and that do not
meet the criteria in the preceding
paragraphs of FSM 2343.14 may
continue to be authorized during the
term of the current permit. Also
consistent with SAROEA, this
paragraph would provide that when the
current permit terminates or is revoked,
these non-conforming activities and
associated facilities may not be
reauthorized.
Proposed Paragraph 7
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Proposed Paragraph 9
Paragraph 9 would provide for use of
the Forest Service’s Scenery
Management System (FSM 2380), Built
Environment Image Guide (Publication
FS–710), and Recreation Opportunity
Spectrum (FSM 2310) to ensure that
additional seasonal or year-round
recreation activities and associated
facilities are located and constructed to
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Proposed Paragraph 13
Consistent with SAROEA, this
paragraph would provide that proposals
for additional seasonal and year-round
recreation activities and associated
facilities at ski areas that comply with
paragraphs 1 through 12 may be
approved notwithstanding FSM 2340.3,
paragraph 3, and 2343.03, paragraph 1,
which preclude authorization of
development on NFS lands if it could be
provided on non-NFS lands in the
vicinity.
3. Section-by-Section Analysis of
Proposed Change to FSM 2710, Special
Uses
2711.3—Term Permits
A new subsection 2711.32 would be
added, entitled Ski Area Term Permit,
that would refer readers to FSM
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Chapter 10—Organizational Camps and
Other Privately Owned Improvements
13.2—Policy
New paragraph 9 would be added to
provide for the proposal, authorization,
construction, operation, and
maintenance of zip lines and ropes
courses at organizational camps. This
paragraph would also provide direction
to require a site plan showing the
placement of facilities and addressing
how access will be restricted, require
that design and construction conform to
standards in FSM 7330, and require an
operating plan that conforms to FSM
7330 and restricts access to these
facilities to times of supervised
operation. Additionally, a crossreference to FSM 2340 and 7330 would
be added for further guidance.
Chapter 60—Winter Recreation Resorts
and Other Concessions Involving Winter
Sports
61.1—Ski Area Term Permit
The heading for section 61.1 would be
changed to ‘‘Ski Area Term Permit’’ to
clarify that ski area permits are term
permits and to be consistent with the
wording in FSM 2711.3. Consistent with
SAROEA, paragraph 12 would be added
to direct that the acreage necessary for
additional seasonal or year-round
recreation activities and associated
facilities may not be considered in
determining the acreage encompassed
by a ski area term permit. Also, permit
expansions would have to be based on
needs related to snow sports rather than
additional seasonal or year-round
recreation.
5. Regulatory Certifications
Environmental Impact
These proposed directives would
revise national Forest Service policy
governing ski area permits issued under
the Ski Area Permit Act. 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
Agency has concluded that these
proposed directives fall within this
category of actions and that no
extraordinary circumstances exist which
would require preparation of an
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Civil Justice Reform
environmental assessment or
environmental impact statement.
Regulatory Impact
These proposed directives have been
reviewed under USDA procedures and
Executive Order (E.O.) 12866 on
regulatory planning and review. The
Office of Management and Budget has
determined that these proposed
directives are not significant. These
proposed directives would increase
opportunities for recreation activities at
ski areas consistent with SAROEA.
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 or
local governments. These proposed
directives would not interfere with an
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 entitlement, grant, or loan
programs or the rights and obligations of
beneficiaries of those programs.
Accordingly, these proposed directives
are not subject to the Office of
Management and Budget review under
E.O. 12866.
Moreover, the Agency has considered
these proposed directives in light of the
Regulatory Flexibility Act (5 U.S.C. 602
et seq.). Pursuant to a threshold
Regulatory Flexibility Act analysis, the
Agency has determined that these
proposed directives would not have a
significant economic impact on a
substantial number of small entities as
defined by the Act because these
proposed directives would not impose
new record-keeping requirements on
them; affect their competitive position
in relation to large entities; or
significantly affect their cash flow,
liquidity, or ability to remain in the
market.
To the contrary, these proposed
directives would likely have a positive
economic effect on ski areas and local
communities because these proposed
directives would enhance opportunities
for recreation activities at ski areas.
These benefits are not likely to alter
costs to small businesses.
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No Takings Implications
The Agency has analyzed these
proposed directives in accordance with
the principles and criteria contained in
E.O. 12630 and has determined that
these proposed directives would not
pose the risk of a taking of private
property.
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The Agency has reviewed these
proposed directives under E.O. 12988
on civil justice reform. If these proposed
directives were adopted, (1) all State
and local laws and regulations that
conflict with these proposed directives
or that would impede their full
implementation would be preempted;
(2) no retroactive effect would be given
to these proposed directives; and (3)
they would not require administrative
proceedings before parties may file suit
in court challenging their provisions.
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 concluded that these
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 at this time.
Moreover, these proposed directives
do not have tribal implications as
defined by E.O. 13175, entitled
‘‘Consultation and Coordination With
Indian Tribal Governments,’’ and
therefore advance consultation with
Tribes is not required.
Energy Effects
Unfunded Mandates
Pursuant to Title II of the Unfunded
Mandates Reform Act of 1995 (2 U.S.C.
1531–1538), 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.
Frm 00005
Fmt 4703
4. Access to the Proposed Directive
The Forest Service organizes its
directive system by alphanumeric codes
and subject headings. The intended
audience for this direction is Forest
Service employees charged with issuing
and administering ski area permits. To
view these proposed directives, visit the
Forest Service’s Web site at https://
www.fs.fed.us/specialuses. Only the
sections of the FSM that are the subject
of this notice have been posted, that is,
FSM 2340.5, Definitions; FSM 2343.11,
Policy; 2343.14, Additional Seasonal or
Year-Round Recreation Activities and
Associated Facilities at Ski Areas; FSM
2711.32, Ski Area Term Permit; FSH
2709.14, chapter 10, section 13.2; and
FSH 2709.14, chapter 60, section 61.1.
Dated: September 26, 2013.
Thomas L. Tidwell,
Chief, U.S. Forest Service.
[FR Doc. 2013–23998 Filed 10–1–13; 8:45 am]
BILLING CODE 3410–11–P
The Agency has reviewed these
proposed directives under E.O. 13211,
entitled ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use.’’
The Agency has determined that these
proposed directives do not constitute a
significant energy action as defined in
the E.O.
PO 00000
Controlling Paperwork Burdens on the
Public
These proposed directives do not
contain any new 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. Any information
collected from the public that would be
required by these proposed directives
have been approved by the Office of
Management and Budget and assigned
control number 0596–0082.
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.
Sfmt 4703
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and
Stockyards Administration
Request for Extension and Revision of
a Currently Approved Information
Collection Under the Packers and
Stockyards Act
Grain Inspection, Packers and
Stockyards Administration, USDA.
ACTION: Notice and request for
comments.
AGENCY:
This notice announces the
Grain Inspection, Packers and
Stockyards Administration’s (GIPSA)
intention to request approval from the
Office of Management and Budget
(OMB) for an extension of a currently
approved information collection in
support of the reporting and
SUMMARY:
E:\FR\FM\02OCN1.SGM
02OCN1
Agencies
[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Notices]
[Pages 60816-60820]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23998]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596-AD13
Proposed Directive for Additional Seasonal or Year-Round
Recreation Activities at Ski Areas
AGENCY: Forest Service, USDA.
ACTION: Notice of proposed directive; request for public comment.
-----------------------------------------------------------------------
SUMMARY: The Forest Service is proposing to revise its directives for
ski areas authorized under the National Forest Ski Area Permit Act of
1986 (Ski Area Permit Act) (16 U.S.C. 497b) to provide additional
guidance for implementing the 2011 amendment to this Act, known as the
Ski Area Recreational Opportunity Enhancement Act (SAROEA) (Pub. L.
112-46, 125 Stat. 538). Current directives limit the criteria for
determining whether additional seasonal and year-round recreation
activities may be approved at ski areas to those listed in SAROEA. The
proposed directives would add criteria to help Authorized Officers
determine whether proposals for these activities are consistent with
SAROEA. The proposed directive also would provide guidance on non-
exclusive use at ski areas, that is, recreational use at ski areas,
such as snowshoeing or cross-country skiing, by the non-paying public.
Furthermore, the proposed directive would clarify policy regarding
advertising. Timely comments will be considered in the development of
the final directive.
DATES: Comments must be received in writing by December 2, 2013.
ADDRESSES: Submit 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
Comments, Pacific Southwest Regional Office, 1323 Club Drive, Vallejo,
CA 94592. If comments are submitted electronically, duplicate comments
should not be sent by mail. Hand-delivered comments will not be
accepted, and receipt of comments cannot be confirmed. Please confine
comments to issues pertinent to the proposed directive, explain the
reasons for any recommended changes, and, where possible, reference the
specific section and wording being addressed. All comments, including
names and addresses when provided, will be placed in the record and
will be made available to the public for review and copying. Those
wishing to review comments should call Sean Wetterberg at 707-562-8842
to schedule an appointment.
FOR FURTHER INFORMATION CONTACT: Sean Wetterberg, Acting National
Winter Sports Program Manager, 707-562-8842. 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:
1. Background and Need for the Proposed Directive
Most of the 122 ski areas operating on National Forest System (NFS)
lands in the United States are authorized under a special use permit
issued per the Ski Area Permit Act. As originally enacted, the Ski Area
Permit Act authorized Nordic and alpine skiing at ski areas on NFS
lands. On November 7, 2011,
[[Page 60817]]
Congress enacted SAROEA, which amended the Ski Area Permit Act to
authorize additional seasonal and year-round recreation activities and
associated facilities that may be approved at ski areas. SAROEA
contains a non-exhaustive list of additional seasonal and year-round
recreation activities and associated facilities that may, if certain
criteria are met, be approved and a non-exhaustive list of additional
seasonal and year-round recreation activities and associated facilities
that may not be approved at ski areas. On August 5, 2013, the Forest
Service amended FSM 2340 to incorporate the self-executing portions of
SAROEA, that is, the list of additional seasonal and year-round
activities and associated facilities that may be authorized at ski
areas and the criteria that must be met for those activities to be
authorized.
Summer uses at ski areas, both on private and NFS lands, have been
increasing in recent years. This increase has been driven in part by
new technologies and by the growing number of people seeking recreation
activities in more managed settings. Some of these summer uses, such as
zip lines, canopy tours (often a combination of zip lines, suspension
bridges, and belay points), and mountain bike parks, can be natural-
resource based, encourage outdoor recreation and enjoyment of nature,
and harmonize with the natural environment, consistent with SAROEA.
Other summer uses have facilities that are common at amusement parks,
such as merry-go-rounds, Ferris wheels, miniature train rides, and
roller coasters, that do not meet the criteria in SAROEA. Given recent
trends in use at ski areas, the Agency believes that it would be
helpful to ski area permit holders and permit administrators to add
criteria into policy for determining whether proposals for additional
seasonal and year-round recreation activities and associated facilities
are consistent with SAROEA. The Agency also believes that it will be
helpful to include the list of additional seasonal and year-round
recreation activities and associated facilities that are prohibited at
ski areas based on the exclusions in SAROEA. This list of prohibited
activities and facilities is not included in the current directive
(published August 5, 2013) because its purpose was to allow
authorization of only those additional seasonal and year-round
recreation activities and associated facilities that are specifically
permitted under SAROEA. Therefore, there was no need in the current
directive to list additional seasonal and year-round recreation
activities and associated facilities that are precluded under SAROEA.
The Agency recognizes that additional seasonal and year-round
recreation activities and associated facilities are important to the
long-term viability of ski areas, and that the more managed outdoor
recreation settings at ski areas could introduce urban-based population
segments, especially youth, to outdoor recreation. This exposure could
build a deeper appreciation for nature that could lead to further
exploration of NFS lands beyond ski areas. Further guidance on
authorization of additional seasonal and year-round recreation
activities and associated facilities at ski areas will help permit
administrators review proposals for these activities consistent with
these objectives and SAROEA.
Forest Service regulations and ski area permits provide that
authorized uses of NFS lands are not exclusive, and that the Forest
Service may require common use of the lands or use by others in any way
that is not inconsistent with the permit holder's rights and
privileges, after consultation with all affected parties. Several ski
areas on NFS lands have experienced a significant increase in the
number of recreationists using snowshoes or cross-country skis or
simply traveling on foot on slopes within ski areas. The Agency has
identified a need to address how this type of public use may be
conducted efficiently and safely. Consequently, the proposed directives
would provide guidance on recreational use at ski areas by the non-
paying public.
2. Section-by-Section Analysis of Proposed Changes to FSM 2340,
Publicly Provided Recreation Opportunities
2340.5--Definitions
Definitions would be added for ``amusement park,'' ``amusement park
ride,'' and ``natural resource-based recreation'' because they are used
in the proposed directive to help determine what types of additional
seasonal or year-round recreation activities and associated facilities
are appropriate at ski areas. The definition for Terrain Park would be
revised to add bicycles.
2343.03--Policy (Concession Uses Involving Privately Developed
Facilities)
Proposed Paragraph 11.d
The paragraph would be modified to add ``business partners'' to the
list of entities that may display their name and logo on company
vehicles.
Proposed Paragraph 11.f
The title and text would be revised to add ``recreation events'' to
clarify that temporary approval of outdoor advertising is not limited
to competitive events.
Proposed Paragraph 11.g
The text would be revised to add ``race gates'' to the locations
where support for snow sport race courses and terrain parks may be
recognized.
2343.11--Policy (Ski Areas)
Proposed Paragraph 3
The list of allowable additional seasonal and year-round recreation
activities and associated facilities in SAROEA that was included in
this paragraph would be relocated to FSM 2343.14. New paragraph 3 would
provide direction to encourage additional seasonal or year-round
recreation opportunities at ski areas that connect visitors to the
natural environment and that support the Forest Service's mission. This
paragraph would establish a broad framework to guide proposals for
additional seasonal or year-round recreation activities and associated
facilities at ski areas.
Proposed Paragraph 4
The list of factors governing additional seasonal or year-round
recreation activities and associated facilities that was included in
this paragraph would be relocated to FSM 2343.14. New paragraph 4 would
be added to clarify that ski area permit holders may be allowed to
charge fees for use of improvements and services in which they have
made capital investments, such as ski trails or other facilities they
constructed, groom, or otherwise maintain, and to clarify that ski area
permit holders may not be allowed to charge for use of non-motorized or
motorized trails that are constructed and maintained by the Forest
Service.
Proposed Paragraph 5
The text regarding utilization of existing facilities included in
this paragraph would be relocated to FSM 2343.14. New paragraph 5 would
preclude authorization of an entrance fee at ski areas, and would allow
authorization of fees for facilities and services the holders provide,
such as lifts, parking lots, and slopes and trails that have been
cleared, graded, groomed or covered with manmade snow. Additionally,
this paragraph would encourage authorized officers to ensure that some
portions of the permit area remain open to the public without
[[Page 60818]]
charge, so that the holder's charges do not constitute de facto
entrance fees.
Proposed Paragraph 6
The text regarding the basis for modifying acreage under a ski area
permit that was included in this paragraph would be relocated to FSM
2343.14. New paragraph 6 would direct Authorized Officers to ensure
that ski area operations comply with Forest Service regulations and
permit requirements for non-exclusive use and that ski areas remain
open to the non-paying public for all lawful uses that are not
inconsistent with the holder's rights and privileges. Additionally,
this paragraph would require documentation in the operating plan of
authorized restrictions on use by the non-paying public and posting of
those restrictions in locations where they would be effective in
informing the public. This paragraph also would provide that in most
cases it would not be appropriate for restrictions to preclude all
public use during the ski season other than by those purchasing a lift
ticket or paying for other services.
2343.14--Additional Seasonal or Year-Round Recreation Activities and
Associated Facilities at Ski Areas
Proposed Paragraph 1
Paragraph 1 would include criteria in addition to those enumerated
at 36 CFR 251.54(e)(1) to be applied during initial screening of
proposals involving additional seasonal or year-round recreation
activities and associated facilities at ski areas. These additional
initial screening criteria include all the requirements in SAROEA that
must be met for authorization of additional seasonal and year-round
recreation activities and associated facilities at ski areas, except
for consistency with applicable law and the applicable land management
plan. These additional criteria include not changing the primary
purpose of the ski area to other than snow sports; encouraging outdoor
recreation and enjoyment of nature and providing natural resource-based
recreation opportunities; to the extent practicable, being located
within the developed portions of the ski area or areas that will be
developed pursuant to a master development plan; and, to the extent
practicable, harmonizing with the natural environment of the site where
they would be located. Including consistency with applicable law and
the applicable land management plan in paragraph 1 would be redundant,
as this criterion is already included in initial screening of special
use proposals under 36 CFR 251.54(e)(1)(i) and (e)(1)(ii). The
requirement ``to the extent practicable, to be located within the
developed portions of the ski area'' was modified to require, to the
extent practicable, location within the portions of the ski area that
are developed or that will be developed pursuant to the master
development plan. Locations in a ski area that are zoned for
development pursuant to a master development plan may become developed
portions of the ski area.
In addition, the Agency is proposing to clarify what is meant by
harmonizing with the natural environment of the site where the proposed
activities would be located by providing that they must:
(1) Be visually subordinate to the ski area's existing vegetation
and landscape, and
(2) Not require significant modifications to topography to
facilitate construction or operations.
The Agency is also proposing to add that the proposed additional
seasonal or year-round recreation activities and associated facilities
must:
(1) Be consistent with the level of development for snow sports and
the zoning established in the ski area's master development plan;
(2) Not compromise snow sports operations or functions; and
(3) Increase utilization of snow sports infrastructure and not
require extensive new support facilities, such as parking lots,
restaurants, and lifts.
These additional criteria are consistent with the criteria in
SAROEA. Consistency with the master development plan is akin to
consistency with the applicable land management plan. Since SAROEA
provides that snow sports must remain paramount at ski areas on NFS
lands, additional seasonal and year-round recreation activities and
associated facilities must not compromise snow sports operations or
functions. Requiring that proposals for these activities increase
utilization of snow sports infrastructure and not require extensive new
support facilities is consistent with the requirements not to change
the primary purpose of the ski area to other than snow sports and to be
located in the developed portions of the ski area. Thus, these
additional criteria would assist ski area permit holders in developing
proposals for these activities that meet the requirements of SAROEA and
would assist Authorized Officers in evaluating these proposals
consistent with SAROEA.
Proposed Paragraph 2
This paragraph lists the four additional seasonal or year-round
recreation activities and associated facilities enumerated in SAROEA
(zip lines, mountain bike terrain parks and trails, Frisbee golf
courses, and ropes courses) that may be approved if they meet the
criteria in proposed paragraph 1. This list is not exhaustive. Other
additional seasonal or year-round recreation activities and associated
facilities may meet the criteria in proposed paragraph 1.
Proposed Paragraph 3
This paragraph lists the five additional seasonal or year-round
recreation activities and associated facilities enumerated in SAROEA
(tennis courts, water slides and water parks, swimming pools, golf
courses, and amusement parks) that may not be approved at ski areas on
NFS lands. This list is not exhaustive. Other additional seasonal or
year-round recreation activities and associated facilities may not meet
the criteria in proposed paragraph 1.
Proposed Paragraph 4
This paragraph would enumerate a non-exhaustive list of factors
that may affect whether other additional seasonal or year-round
recreation activities and associated facilities besides those listed in
paragraph 2 may be approved, including but not limited to extensive use
of synthetic materials, the degree to which visitors are able to engage
with the natural setting, the extent to which the activity could be
expected to lead to further exploration and enjoyment of other NFS
lands, and the similarity of the activities and associated facilities
to those enumerated in paragraph 2 or paragraph 3. These factors would
assist in application of the criteria in paragraph 1 and would help
establish similarity to activities and associated facilities listed in
paragraph 2 or paragraph 3. For example, extensive use of synthetic
materials and the extent to which an activity and associated facilities
could be expected to lead to further exploration and enjoyment of other
NFS lands may affect whether a proposed activity and associated
facilities would encourage outdoor recreation and enjoyment of nature,
provide natural resource-based recreation opportunities, and harmonize
with the natural environment. The speed at which visitors travel and
are able to engage with the natural setting may affect whether a
proposed activity and associated facilities are more like a zip line or
more like an amusement park ride.
Proposed Paragraph 5
Consistent with the requirement in SAROEA that additional seasonal
and year-round recreation activities and
[[Page 60819]]
associated facilities provide natural resource-based recreation
opportunities, paragraph 5 would provide that attributes common in
national forest settings must be essential to the recreation experience
provided by additional seasonal and year-round recreation activities
and associated facilities.
Proposed Paragraph 6
This paragraph would allow temporary activities at ski areas that
rely on existing infrastructure, such as concerts and weddings, even if
they are not necessarily dependent on but could be enhanced by a
National Forest setting. This paragraph also would preclude authorizing
new facilities solely for these temporary activities.
Proposed Paragraph 7
Paragraph 7 would encourage holders to utilize existing facilities
to provide additional seasonal or year-round recreation activities.
This paragraph was previously codified at FSM 2343.11, paragraph 5.
Proposed Paragraph 8
This paragraph would provide for utilization of master development
plans to guide the placement and design of additional seasonal or year-
round recreation facilities. Additionally, this paragraph would require
the following three steps to be followed as part of the master
development planning process, in this sequence: (1) Establish zones to
guide placement and design of additional seasonal or year-round
recreation facilities, basing the zones on the existing natural setting
and level of development to support snow sports, (2) depict the
location of the facilities, and (3) establish a timeframe for their
construction. These requirements would provide a consistent planning
framework for the development of additional seasonal or year-round
recreation facilities, thereby avoiding piece-meal development, and
would ensure that the level of development supporting snow sports is
not exceeded by the level of development supporting facilities for
additional seasonal or year-round recreation activities.
Proposed Paragraph 9
Paragraph 9 would provide for use of the Forest Service's Scenery
Management System (FSM 2380), Built Environment Image Guide
(Publication FS-710), and Recreation Opportunity Spectrum (FSM 2310) to
ensure that additional seasonal or year-round recreation activities and
associated facilities are located and constructed to harmonize with the
surrounding natural environment.
Proposed Paragraph 10
Consistent with SAROEA, this paragraph would provide that
authorization of additional seasonal or year-round recreation
activities and associated facilities is subject to terms and conditions
deemed appropriate by the authorized officer. This provision was
previously codified at FSM 2343.11, paragraph 4c.
Proposed Paragraph 11
Consistent with SAROEA, paragraph 11 would provide that the acreage
necessary for additional seasonal or year-round recreation activities
and associated facilities may not be considered in determining the
acreage encompassed by a ski area permit and that permit area
expansions must be based on needs related to snow sports rather than
additional seasonal or year-round recreation. This provision was
previously codified at FSM 2343.11, paragraph 6.
Proposed Paragraph 12
Consistent with SAROEA, this paragraph would provide that
additional seasonal or year-round recreation activities and associated
facilities that were authorized before enactment of SAROEA and that do
not meet the criteria in the preceding paragraphs of FSM 2343.14 may
continue to be authorized during the term of the current permit. Also
consistent with SAROEA, this paragraph would provide that when the
current permit terminates or is revoked, these non-conforming
activities and associated facilities may not be reauthorized.
Proposed Paragraph 13
Consistent with SAROEA, this paragraph would provide that proposals
for additional seasonal and year-round recreation activities and
associated facilities at ski areas that comply with paragraphs 1
through 12 may be approved notwithstanding FSM 2340.3, paragraph 3, and
2343.03, paragraph 1, which preclude authorization of development on
NFS lands if it could be provided on non-NFS lands in the vicinity.
3. Section-by-Section Analysis of Proposed Change to FSM 2710, Special
Uses
2711.3--Term Permits
A new subsection 2711.32 would be added, entitled Ski Area Term
Permit, that would refer readers to FSM 2721.61e for more information
on these types of permits.
4. Section-by-Section Analysis of Proposed Changes to FSH 2709.14,
Recreation Special Uses Handbook
Chapter 10--Organizational Camps and Other Privately Owned Improvements
13.2--Policy
New paragraph 9 would be added to provide for the proposal,
authorization, construction, operation, and maintenance of zip lines
and ropes courses at organizational camps. This paragraph would also
provide direction to require a site plan showing the placement of
facilities and addressing how access will be restricted, require that
design and construction conform to standards in FSM 7330, and require
an operating plan that conforms to FSM 7330 and restricts access to
these facilities to times of supervised operation. Additionally, a
cross-reference to FSM 2340 and 7330 would be added for further
guidance.
Chapter 60--Winter Recreation Resorts and Other Concessions Involving
Winter Sports
61.1--Ski Area Term Permit
The heading for section 61.1 would be changed to ``Ski Area Term
Permit'' to clarify that ski area permits are term permits and to be
consistent with the wording in FSM 2711.3. Consistent with SAROEA,
paragraph 12 would be added to direct that the acreage necessary for
additional seasonal or year-round recreation activities and associated
facilities may not be considered in determining the acreage encompassed
by a ski area term permit. Also, permit expansions would have to be
based on needs related to snow sports rather than additional seasonal
or year-round recreation.
5. Regulatory Certifications
Environmental Impact
These proposed directives would revise national Forest Service
policy governing ski area permits issued under the Ski Area Permit Act.
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
Agency has concluded that these proposed directives fall within this
category of actions and that no extraordinary circumstances exist which
would require preparation of an
[[Page 60820]]
environmental assessment or environmental impact statement.
Regulatory Impact
These proposed directives have been reviewed under USDA procedures
and Executive Order (E.O.) 12866 on regulatory planning and review. The
Office of Management and Budget has determined that these proposed
directives are not significant. These proposed directives would
increase opportunities for recreation activities at ski areas
consistent with SAROEA. 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 or local governments. These proposed
directives would not interfere with an 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 entitlement, grant, or loan programs or the rights and obligations
of beneficiaries of those programs. Accordingly, these proposed
directives are not subject to the Office of Management and Budget
review under E.O. 12866.
Moreover, the Agency has considered these proposed directives in
light of the Regulatory Flexibility Act (5 U.S.C. 602 et seq.).
Pursuant to a threshold Regulatory Flexibility Act analysis, the Agency
has determined that these proposed directives would not have a
significant economic impact on a substantial number of small entities
as defined by the Act because these proposed directives would not
impose new record-keeping requirements on them; affect their
competitive position in relation to large entities; or significantly
affect their cash flow, liquidity, or ability to remain in the market.
To the contrary, these proposed directives would likely have a
positive economic effect on ski areas and local communities because
these proposed directives would enhance opportunities for recreation
activities at ski areas. These benefits are not likely to alter costs
to small businesses.
No Takings Implications
The Agency has analyzed these proposed directives in accordance
with the principles and criteria contained in E.O. 12630 and has
determined that these proposed directives would not pose the risk of a
taking of private property.
Civil Justice Reform
The Agency has reviewed these proposed directives under E.O. 12988
on civil justice reform. If these proposed directives were adopted, (1)
all State and local laws and regulations that conflict with these
proposed directives or that would impede their full implementation
would be preempted; (2) no retroactive effect would be given to these
proposed directives; and (3) they would not require administrative
proceedings before parties may file suit in court challenging their
provisions.
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 concluded that these
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 at this time.
Moreover, these proposed directives do not have tribal implications
as defined by E.O. 13175, entitled ``Consultation and Coordination With
Indian Tribal Governments,'' and therefore advance consultation with
Tribes is not required.
Energy Effects
The Agency has reviewed these proposed directives under E.O. 13211,
entitled ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.'' The Agency has determined that
these proposed directives do 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), 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 new 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. Any information collected from the public
that would be required by these proposed directives have been approved
by the Office of Management and Budget and assigned control number
0596-0082. 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.
4. Access to the Proposed Directive
The Forest Service organizes its directive system by alphanumeric
codes and subject headings. The intended audience for this direction is
Forest Service employees charged with issuing and administering ski
area permits. To view these proposed directives, visit the Forest
Service's Web site at https://www.fs.fed.us/specialuses. Only the
sections of the FSM that are the subject of this notice have been
posted, that is, FSM 2340.5, Definitions; FSM 2343.11, Policy; 2343.14,
Additional Seasonal or Year-Round Recreation Activities and Associated
Facilities at Ski Areas; FSM 2711.32, Ski Area Term Permit; FSH
2709.14, chapter 10, section 13.2; and FSH 2709.14, chapter 60, section
61.1.
Dated: September 26, 2013.
Thomas L. Tidwell,
Chief, U.S. Forest Service.
[FR Doc. 2013-23998 Filed 10-1-13; 8:45 am]
BILLING CODE 3410-11-P