Proposed Directive for Commercial Filming in Wilderness; Special Uses Administration, 52626-52628 [2014-21093]
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52626
Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Notices
For
information on the regulations for the
control of chronic wasting disease in
farmed or captive cervid herds, contact
Dr. Patrice Klein, Cervid Health Team
Leader, Sheep, Goat, Cervid, and Equine
Health, VS, APHIS, 4700 River Road
Unit 43, Riverdale, MD 20737; (301)
851–3435. For copies of more detailed
information on the information
collection, contact Mrs. Celeste Sickles,
APHIS’ Information Collection
Coordinator, at (301) 851–2908.
SUPPLEMENTARY INFORMATION:
Title: Control of Chronic Wasting
Disease.
OMB Control Number: 0579–0189.
Type of Request: Revision to and
extension of approval of an information
collection.
Abstract: Under the Animal Health
Protection Act (7 U.S.C. 8301 et seq.),
the Animal and Plant Health Inspection
Service (APHIS) of the U.S. Department
of Agriculture (USDA) is authorized,
among other things, to protect the health
of the United States’ livestock and
poultry populations by preventing the
introduction and interstate spread of
serious diseases and pests of livestock
and for eradicating such diseases from
the United States when feasible.
Chronic wasting disease (CWD) is a
transmissible spongiform
encephalopathy of cervids (elk, deer,
and moose) typified by chronic weight
loss leading to death. The presence of
CWD in cervids causes significant
economic and market losses to U.S.
producers. In an effort to accelerate the
control and limit the spread of this
disease in the United States, APHIS
created a cooperative, voluntary
Federal-State-private sector CWD Herd
Certification Program designed to
identify farmed or captive herds
infected with CWD and provided for the
management of these herds in a way
that reduces the risk of spreading CWD.
APHIS’ Veterinary Services (VS)
manages the CWD Herd Certification
Program.
Owners of farmed or captive elk, deer,
and moose herds who choose to
participate in the Herd Certification
Program would need to follow program
requirements for animal identification,
testing, herd management, and
movement of animals into and from
herds. The regulations for this program
are located in 9 CFR part 55. Part 55 also
contains the regulations that authorize
the payment of indemnity for the
voluntary depopulation of CWDpositive, CWD-exposed, or CWD-suspect
captive cervids. APHIS also established
requirements in 9 CFR part 81 for the
interstate movement of elk, deer, and
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FOR FURTHER INFORMATION CONTACT:
VerDate Mar<15>2010
18:14 Sep 03, 2014
Jkt 232001
moose to prevent movement that could
pose a risk of spreading CWD.
The Herd Certification Program and
the indemnity program entail the use of
information collection activities, such as
memoranda of understanding between
APHIS and participating States; USDA–
APHIS Veterinary Services, Application
for Enrollment in the Federal Chronic
Wasting Disease Voluntary Herd
Certification Program for Farmed and
Captive Cervids (VS Forms 11–1/11–
1A); USDA–APHIS Veterinary Services,
Application for Chronic Wasting
Disease Herd Certification Program
(CWD HCP) Approval, Renewal, or
Reinstatement of a State (VS Form 11–
2); farmed and captive cervid
identification; farmed and captive
cervid Interstate Certificates of
Veterinary Inspection (ICVI); reports of
cervid suspects, escapes,
disappearances, and deaths;
recordkeeping (herd records);
certificates and/or animal identification
documents to move wild cervids;
surveillance data; a letter to appeal
suspension, cancellation, or change in
status; a herd or premises plan if CWD
is discovered; annual reports; State
reviews; epidemiological investigations
and reporting of out-of-State traces to
affected States; sample collections and
laboratory submissions, testing, and
reporting; and an APHIS–USDA
Veterinary Services Appraisal and
Indemnity Claim Form (VS Form 1–23).
In addition to including several
additional information collection
activities, this notice includes a
description of the information collection
activities currently approved by the
Office of Management and Budget
(OMB) for the CWD Herd Certification
Program under number 0579–0237, and
for payment of indemnity under
voluntary depopulation for CWD under
number 0579–0189. After OMB
approves and combines the burden for
both collections under one collection
(number 0579–0189), the Department
will retire number 0579–0237.
We are asking OMB to approve our
use of these information collection
activities, as described, for an additional
3 years.
The purpose of this notice is to solicit
comments from the public (as well as
affected agencies) concerning our
information collection. These comments
will help us:
(1) Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
Agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of our
estimate of the burden of the collection
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of information, including the validity of
the methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, through use, as
appropriate, of automated, electronic,
mechanical, and other collection
technologies; e.g., permitting electronic
submission of responses.
Estimate of burden: The public
reporting burden for this collection of
information is estimated to average 2.55
hours per response.
Respondents: Cervid herd owners,
industry representatives, Federal- and
State-approved appraisers, accredited
veterinarians, certified sample
collectors, and State animal health
officials.
Estimated annual number of
respondents: 5,735.
Estimated annual number of
responses per respondent: 26.26.
Estimated annual number of
responses: 150,580.
Estimated total annual burden on
respondents: 383,383 hours. (Due to
averaging, the total annual burden hours
may not equal the product of the annual
number of responses multiplied by the
reporting burden per response.)
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
also become a matter of public record.
Done in Washington, DC, this 28th day of
August 2014.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2014–21115 Filed 9–3–14; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596–AD20
Proposed Directive for Commercial
Filming in Wilderness; Special Uses
Administration
Forest Service, USDA.
Notice of proposed directive;
request for public comment.
AGENCY:
ACTION:
The Forest Service proposes
to incorporate interim directive (ID)
2709.11–2013.1 into Forest Service
Handbook (FSH) 2709.11, chapter 40 to
make permanent guidance for the
evaluation of proposals for still
photography and commercial filming on
National Forest System Lands. The
proposed amendment would address
SUMMARY:
E:\FR\FM\04SEN1.SGM
04SEN1
Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Notices
the establishment of consistent national
criteria to evaluate requests for special
use permits on National Forest System
(NFS) lands. Specifically, this policy
provides the criteria used to evaluate
request for special use permits related to
still photography and commercial
filming in congressionally designated
wilderness areas. Public comment is
invited and will be considered in the
development of the final directive.
Comments must be received in
writing on or before November 3, 2014
to be assured of consideration.
DATES:
Submit comments
electronically by following the
instructions at the federal eRulemaking
portal at https://www.regulation.gov or
submit comments via fax to 703–605–
5131 or 703–605–5106. Please identify
faxed comments by including
‘‘Commercial Filming in Wilderness’’ on
the cover sheet or first page. Comments
may also be submitted via mail to
Commercial Filming in Wilderness,
USDA, Forest Service, Attn: Wilderness
& Wild and Scenic Rivers (WWSR), 201
14th Street SW., Mailstop Code: 1124,
Washington, DC 20250–1124. Email
comments may be sent to: reply_lands@
fs.fed.us. 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 restrict
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 be made
available for public inspection and
copying. The public may inspect the
comments received at the USDA Forest
Service Headquarters, Sidney R. Yates
Federal Building, 201 14th Street SW.,
Washington, DC, in the Office of the
Director, WWSR, 5th Floor South,
during normal business hours. Visitors
are encouraged to call ahead to 202–
644–4862 to facilitate entry to the
building.
ADDRESSES:
mstockstill on DSK4VPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Elwood York, WWSR, at 202–649–1727.
Individuals who use
telecommunication devices for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
between 8:00 a.m. and 8:00 p.m.,
Eastern Standard Time, Monday
through Friday.
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
18:14 Sep 03, 2014
Jkt 232001
1. Background and Need for the
Proposed Directive
The proposed directive is necessary
for the Forest Service to issue and
administer special use authorizations
that will allow the public to use and
occupy National Forest System (NFS)
lands for still photography and
commercial filming in wilderness. The
proposed directive FSH 2709.11,
chapter 40, is currently issued as the
third consecutive interim directive (ID)
which is set to expire in October 2014.
The previous directive addressed still
photography in wilderness and did not
provide adequate guidance to review
commercial filming in wilderness
permit proposals. The notice and
comments are collected and used by
Forest Service officials, unless
otherwise noted, to ensure the use of
NFS lands are authorized, in the public
interest, and compatible with the
Agency’s mission and/or record
authorization of use granted by
appropriate Forest Service officials.
2. Overview of Proposed Directive, FSH
2709.11, Chapter 40
The Forest Service is requesting
public input with respect to Agency
policy. Our intent with the issuance of
this notice of proposed directive is to
consider such input and, as appropriate,
incorporate it into future policy. Certain
suggestions, whether due to legislative
or other limitations, may not be
implemented through Agency policy,
and we wish for the public to
understand that as well.
The current language has been in
place for 48 months. This proposal
would make permanent guidelines for
the acceptance and denial for still
photography and commercial filming
permits in congressionally designated
wilderness areas.
Section 45.1c—Evaluation of Proposals
This proposed section would include
criteria in addition to that of still
photography to incorporate commercial
filming activities. Furthermore, the
Agency is proposing to clarify when a
special use permit may be issued to
authorize the use of NFS lands if the
proposed activity, other than
noncommercial still photography would
be in a congressionally designated
wilderness area.
The proposed directive for FSH
2709.11, chapter 40, section 45.1c is as
follows:
45.1c—Evaluation of Proposals
A special use permit may be issued
(when required by sections 45.1a and
45.2a) to authorize the use of National
Forest System lands for still
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52627
photography or commercial filming
when the proposed activity:
1. Meets the screening criteria in 36
CFR 251.54(e);
2. Would not cause unacceptable
resource damage;
3. Would not unreasonably disrupt
the public’s use and enjoyment of the
site where the activity would occur;
4. Would not pose a public health and
safety risk; and
5. Meets the following additional
criteria, if the proposed activity, other
than noncommercial still photography
(36 CFR 251.51), would be in a
congressionally designated wilderness
area:
a. Has a primary objective of
dissemination of information about the
use and enjoyment of wilderness or its
ecological, geological, or other features
of scientific, educational, scenic, or
historical value (16 U.S.C. 1131(a) and
(b));
b. Would preserve the wilderness
character of the area proposed for use,
for example, would leave it
untrammeled, natural, and undeveloped
and would preserve opportunities for
solitude or a primitive and unconfined
type of recreation (16 U.S.C. 1131(a));
c. Is wilderness-dependent, for
example, a location within a wilderness
area is identified for the proposed
activity and there are no suitable
locations outside of a wilderness area
(16 U.S.C. 1133(d)(6));
d. Would not involve use of a motor
vehicle, motorboat, or motorized
equipment, including landing of
aircraft, unless authorized by the
enabling legislation for the wilderness
area (36 CFR 261.18(a) and (c));
e. Would not involve the use of
mechanical transport, such as a hang
glider or bicycle, unless authorized by
the enabling legislation for the
wilderness area (36 CFR 261.18(b));
f. Would not violate any applicable
order (36 CFR 261.57); and
g. Would not advertise any product or
service (16 U.S.C. 1133(c)).
3. Regulatory Certifications
Environmental Impact
The proposed directive is
incorporating Interim Directive FSH
2709.11, chapter 40, section 45.51b into
its parent text at section 45.1c. It will
provide guidelines for accepting and
denying still photography and
commercial filming applications in
congressionally designated wilderness
areas. Agency regulations at 35 CFR
220.6(d)(2) (73 FR 43093) exclude from
documentation in an environmental
assessment or impact statement ‘‘rules,
regulations, or policies to establish
E:\FR\FM\04SEN1.SGM
04SEN1
52628
Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Notices
Service-wide administrative procedures,
program processes, or instructions.’’ The
Agency has concluded that this
directive falls within this category of
actions and that no extraordinary
circumstances exist which would
require preparation of an environment
assessment or environmental impact
statement.
mstockstill on DSK4VPTVN1PROD with NOTICES
Regulatory Impact
The proposed directive has been
reviewed under USDA procedures and
Executive Order 12866 on regulatory
planning and review. It has been
determined that this is not an
economically significant action. This
action 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 and safety, or State or
local governments. This proposed
directive will not interfere with an
action taken or planned by another
agency, nor will it raise new legal or
policy issues. Finally the proposed
directive will not alter the budgetary
impact of entitlement, grant, user fee, or
loan programs or the rights and
obligations of beneficiaries of those
programs.
The proposed directive has been
considered in light of Executive Order
13272 regarding proper consideration of
small entities and the Small Business
Regulatory Enforcement Fairness Act of
1996 (SBREFA), which amended the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). A small entity flexibility
assessment has determined that this
action will not have a significant
economic impact on a substantial
number of small entities as defined by
SBREFA. This proposed directive
focuses on National Forest System
special use permits regarding still
photography and commercial filming in
congressionally designated wilderness
areas.
Federalism
The Agency has considered this
directive under the requirements of
Executive Order 13132 on federalism
and has determined that the proposed
directive conforms with the federalism
principles set out in this Executive
Order; will not impose any compliance
costs on the states; and will 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.
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19:05 Sep 03, 2014
Jkt 232001
Consultation and Coordination With
Indian Tribal Governments
In conjunction with Executive Order
13175, entitled ‘‘Consultation and
Coordination with Indian Tribal
Governments’’ the Agency invited
Tribes to consult on the proposed
directive prior to review and comment
by the general public starting November
29, 2013, and ending on April 30, 2014.
The consultation process was initiated
through written instructions from the
Deputy Chief for the National Forest
System to the Regional Foresters and
subsequently to the Forest Supervisors.
Tribes were provided 120 days to
discuss the proposed policy. During that
time, Tribal Liaisons and Line Officers
were available to review the proposed
directive and answer Tribal concerns.
Through this Tribal consultation, the
Agency has assessed the impact of this
proposed directive on Indian Tribes and
determined that it does not have
substantial direct or unique effects on
Indian Tribes, on the relationship
between the Federal Government and
Indian Tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian Tribes.
The Agency has also determined that
the directive does not impose
substantial direct compliance costs on
Indian tribal governments or preempt
tribal law.
Energy Effects
The Agency has reviewed the
proposed directive under Executive
Order 13211 of May 18, 2001, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.’’ The Agency has
determined that the directive does not
constitute a significant energy action as
defined in the Executive Order.
Controlling Paperwork Burdens on the
Public
The directive does not contain any
additional 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 and, therefore, imposes no
additional paperwork burden on the
public. Accordingly, the review
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et al.) and
its implementing regulations at 5 CFR
part 1320 do not apply.
Dated: August 27, 2014.
Mary Wagner,
Associate Chief, Forest Service.
[FR Doc. 2014–21093 Filed 9–3–14; 8:45 am]
BILLING CODE 3411–15–P
DEPARTMENT OF AGRICULTURE
No Taking Implications
The Agency has analyzed the
proposed directive in accordance with
the principles and criteria contained in
Executive Order 12630. The Agency has
determined that the proposed directive
does not pose the risk of taking private
property.
Forest Service
Civil Justice Reform
The directive has been reviewed
under Executive Order 12988 of
February 7th, 1996, ‘‘Civil Justice
Reform’’. At the time of adoption of the
directives, (1) all State and local laws
and regulations that conflict with the
directives or that impede full
implementation of the directives were
not preempted; (2) no retroactive effect
was given to the directives; and (3)
administrative proceedings are not
required before parties can file suit in
court to challenge its provisions.
AGENCY:
Unfunded Mandates
Pursuant to Title II of the Unfunded
Mandate Reform Act of 1995, (2 U.S.C.
1531–1538) the Agency has assessed the
effects of the proposed directive on
State, local and Tribal governments and
the private sector. Therefore a statement
under section 202 of the act is not
required.
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RIN 0596–AC51
Extension of Comment Period on the
Proposed Directive on Groundwater
Resource Management, Forest Service
Manual 2560
Forest Service, USDA.
Notice of proposed directive;
extension of comment period.
ACTION:
The Forest Service published
a notice in the Federal Register on May
6, 2014, initiating a 90-day comment
period on the Proposed Directive on
Groundwater Resource Management,
Forest Service Manual 2560. The closing
date for that 90-day comment period
was August 4, 2014. The agency
extended the comment period and
published a notice in the Federal
Register on August 1, 2014, extending
the comment period to September 3,
2015. The Agency is extending the
comment period; therefore, the
comment period has been extended to
October 3, 2014.
DATES: Comments must be received by
October 3, 2014.
ADDRESSES: Send comments
electronically by following the
SUMMARY:
E:\FR\FM\04SEN1.SGM
04SEN1
]]>Agencies
[Federal Register Volume 79, Number 171 (Thursday, September 4, 2014)]
[Notices]
[Pages 52626-52628]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21093]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596-AD20
Proposed Directive for Commercial Filming in Wilderness; Special
Uses Administration
AGENCY: Forest Service, USDA.
ACTION: Notice of proposed directive; request for public comment.
-----------------------------------------------------------------------
SUMMARY: The Forest Service proposes to incorporate interim directive
(ID) 2709.11-2013.1 into Forest Service Handbook (FSH) 2709.11, chapter
40 to make permanent guidance for the evaluation of proposals for still
photography and commercial filming on National Forest System Lands. The
proposed amendment would address
[[Page 52627]]
the establishment of consistent national criteria to evaluate requests
for special use permits on National Forest System (NFS) lands.
Specifically, this policy provides the criteria used to evaluate
request for special use permits related to still photography and
commercial filming in congressionally designated wilderness areas.
Public comment is invited and will be considered in the development of
the final directive.
DATES: Comments must be received in writing on or before November 3,
2014 to be assured of consideration.
ADDRESSES: Submit comments electronically by following the instructions
at the federal eRulemaking portal at https://www.regulation.gov or
submit comments via fax to 703-605-5131 or 703-605-5106. Please
identify faxed comments by including ``Commercial Filming in
Wilderness'' on the cover sheet or first page. Comments may also be
submitted via mail to Commercial Filming in Wilderness, USDA, Forest
Service, Attn: Wilderness & Wild and Scenic Rivers (WWSR), 201 14th
Street SW., Mailstop Code: 1124, Washington, DC 20250-1124. Email
comments may be sent to: replylands@fs.fed.us. 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 restrict 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 be made available for public inspection and
copying. The public may inspect the comments received at the USDA
Forest Service Headquarters, Sidney R. Yates Federal Building, 201 14th
Street SW., Washington, DC, in the Office of the Director, WWSR, 5th
Floor South, during normal business hours. Visitors are encouraged to
call ahead to 202-644-4862 to facilitate entry to the building.
FOR FURTHER INFORMATION CONTACT: Elwood York, WWSR, at 202-649-1727.
Individuals who use telecommunication devices for the deaf (TDD)
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339
between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through
Friday.
SUPPLEMENTARY INFORMATION:
1. Background and Need for the Proposed Directive
The proposed directive is necessary for the Forest Service to issue
and administer special use authorizations that will allow the public to
use and occupy National Forest System (NFS) lands for still photography
and commercial filming in wilderness. The proposed directive FSH
2709.11, chapter 40, is currently issued as the third consecutive
interim directive (ID) which is set to expire in October 2014. The
previous directive addressed still photography in wilderness and did
not provide adequate guidance to review commercial filming in
wilderness permit proposals. The notice and comments are collected and
used by Forest Service officials, unless otherwise noted, to ensure the
use of NFS lands are authorized, in the public interest, and compatible
with the Agency's mission and/or record authorization of use granted by
appropriate Forest Service officials.
2. Overview of Proposed Directive, FSH 2709.11, Chapter 40
The Forest Service is requesting public input with respect to
Agency policy. Our intent with the issuance of this notice of proposed
directive is to consider such input and, as appropriate, incorporate it
into future policy. Certain suggestions, whether due to legislative or
other limitations, may not be implemented through Agency policy, and we
wish for the public to understand that as well.
The current language has been in place for 48 months. This proposal
would make permanent guidelines for the acceptance and denial for still
photography and commercial filming permits in congressionally
designated wilderness areas.
Section 45.1c--Evaluation of Proposals
This proposed section would include criteria in addition to that of
still photography to incorporate commercial filming activities.
Furthermore, the Agency is proposing to clarify when a special use
permit may be issued to authorize the use of NFS lands if the proposed
activity, other than noncommercial still photography would be in a
congressionally designated wilderness area.
The proposed directive for FSH 2709.11, chapter 40, section 45.1c
is as follows:
45.1c--Evaluation of Proposals
A special use permit may be issued (when required by sections 45.1a
and 45.2a) to authorize the use of National Forest System lands for
still photography or commercial filming when the proposed activity:
1. Meets the screening criteria in 36 CFR 251.54(e);
2. Would not cause unacceptable resource damage;
3. Would not unreasonably disrupt the public's use and enjoyment of
the site where the activity would occur;
4. Would not pose a public health and safety risk; and
5. Meets the following additional criteria, if the proposed
activity, other than noncommercial still photography (36 CFR 251.51),
would be in a congressionally designated wilderness area:
a. Has a primary objective of dissemination of information about
the use and enjoyment of wilderness or its ecological, geological, or
other features of scientific, educational, scenic, or historical value
(16 U.S.C. 1131(a) and (b));
b. Would preserve the wilderness character of the area proposed for
use, for example, would leave it untrammeled, natural, and undeveloped
and would preserve opportunities for solitude or a primitive and
unconfined type of recreation (16 U.S.C. 1131(a));
c. Is wilderness-dependent, for example, a location within a
wilderness area is identified for the proposed activity and there are
no suitable locations outside of a wilderness area (16 U.S.C.
1133(d)(6));
d. Would not involve use of a motor vehicle, motorboat, or
motorized equipment, including landing of aircraft, unless authorized
by the enabling legislation for the wilderness area (36 CFR 261.18(a)
and (c));
e. Would not involve the use of mechanical transport, such as a
hang glider or bicycle, unless authorized by the enabling legislation
for the wilderness area (36 CFR 261.18(b));
f. Would not violate any applicable order (36 CFR 261.57); and
g. Would not advertise any product or service (16 U.S.C. 1133(c)).
3. Regulatory Certifications
Environmental Impact
The proposed directive is incorporating Interim Directive FSH
2709.11, chapter 40, section 45.51b into its parent text at section
45.1c. It will provide guidelines for accepting and denying still
photography and commercial filming applications in congressionally
designated wilderness areas. Agency regulations at 35 CFR 220.6(d)(2)
(73 FR 43093) exclude from documentation in an environmental assessment
or impact statement ``rules, regulations, or policies to establish
[[Page 52628]]
Service-wide administrative procedures, program processes, or
instructions.'' The Agency has concluded that this directive falls
within this category of actions and that no extraordinary circumstances
exist which would require preparation of an environment assessment or
environmental impact statement.
Regulatory Impact
The proposed directive has been reviewed under USDA procedures and
Executive Order 12866 on regulatory planning and review. It has been
determined that this is not an economically significant action. This
action 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 and safety, or State or local
governments. This proposed directive will not interfere with an action
taken or planned by another agency, nor will it raise new legal or
policy issues. Finally the proposed directive will not alter the
budgetary impact of entitlement, grant, user fee, or loan programs or
the rights and obligations of beneficiaries of those programs.
The proposed directive has been considered in light of Executive
Order 13272 regarding proper consideration of small entities and the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),
which amended the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). A
small entity flexibility assessment has determined that this action
will not have a significant economic impact on a substantial number of
small entities as defined by SBREFA. This proposed directive focuses on
National Forest System special use permits regarding still photography
and commercial filming in congressionally designated wilderness areas.
Federalism
The Agency has considered this directive under the requirements of
Executive Order 13132 on federalism and has determined that the
proposed directive conforms with the federalism principles set out in
this Executive Order; will not impose any compliance costs on the
states; and will 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.
Consultation and Coordination With Indian Tribal Governments
In conjunction with Executive Order 13175, entitled ``Consultation
and Coordination with Indian Tribal Governments'' the Agency invited
Tribes to consult on the proposed directive prior to review and comment
by the general public starting November 29, 2013, and ending on April
30, 2014. The consultation process was initiated through written
instructions from the Deputy Chief for the National Forest System to
the Regional Foresters and subsequently to the Forest Supervisors.
Tribes were provided 120 days to discuss the proposed policy.
During that time, Tribal Liaisons and Line Officers were available to
review the proposed directive and answer Tribal concerns.
Through this Tribal consultation, the Agency has assessed the
impact of this proposed directive on Indian Tribes and determined that
it does not have substantial direct or unique effects on Indian Tribes,
on the relationship between the Federal Government and Indian Tribes,
or on the distribution of power and responsibilities between the
Federal Government and Indian Tribes.
The Agency has also determined that the directive does not impose
substantial direct compliance costs on Indian tribal governments or
preempt tribal law.
No Taking Implications
The Agency has analyzed the proposed directive in accordance with
the principles and criteria contained in Executive Order 12630. The
Agency has determined that the proposed directive does not pose the
risk of taking private property.
Civil Justice Reform
The directive has been reviewed under Executive Order 12988 of
February 7th, 1996, ``Civil Justice Reform''. At the time of adoption
of the directives, (1) all State and local laws and regulations that
conflict with the directives or that impede full implementation of the
directives were not preempted; (2) no retroactive effect was given to
the directives; and (3) administrative proceedings are not required
before parties can file suit in court to challenge its provisions.
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandate Reform Act of 1995, (2
U.S.C. 1531-1538) the Agency has assessed the effects of the proposed
directive on State, local and Tribal governments and the private
sector. Therefore a statement under section 202 of the act is not
required.
Energy Effects
The Agency has reviewed the proposed directive under Executive
Order 13211 of May 18, 2001, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.'' The Agency
has determined that the directive does not constitute a significant
energy action as defined in the Executive Order.
Controlling Paperwork Burdens on the Public
The directive does not contain any additional 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 and, therefore, imposes no additional
paperwork burden on the public. Accordingly, the review provisions of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et al.) and its
implementing regulations at 5 CFR part 1320 do not apply.
Dated: August 27, 2014.
Mary Wagner,
Associate Chief, Forest Service.
[FR Doc. 2014-21093 Filed 9-3-14; 8:45 am]
BILLING CODE 3411-15-P
