Prohibitions in Region 8, Southern Region, 2788-2791 [2016-00888]
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2788
Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Proposed Rules
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FOR FURTHER INFORMATION CONTACT:
Rachel P. Leiton, Director, Division of
Energy Employees Occupational Illness
Compensation, Office of Workers’
Compensation Programs, U.S.
Department of Labor, Room C–3321, 200
Constitution Avenue NW., Washington,
DC 20210, Telephone: 202–693–0081
(this is not a toll-free number).
Individuals with hearing or speech
impairments may access this telephone
number via TTY by calling the toll-free
Federal Information Relay Service at 1–
800–877–8339.
SUPPLEMENTARY INFORMATION: In
response to requests from members of
the public, the Department has decided
to extend the public comment period for
the notice of proposed rulemaking it
published on November 18, 2015 (80 FR
72296). The 60-day comment period
that was originally scheduled to close
on January 19, 2016 is being extended
for another 30 days through February
18, 2016.
The notice of proposed rulemaking
contains changes to the regulations
governing the administration of the
Energy Employees Occupational Illness
Compensation Program Act of 2000, as
amended (EEOICPA or Act), 42 U.S.C.
7384 et seq., which was originally
enacted on October 30, 2000. The initial
version of EEOICPA established a
compensation program (known as Part B
of the Act) to provide a uniform lumpsum payment of $150,000 and medical
benefits as compensation to covered
employees who had sustained
designated illnesses due to their
exposure to radiation, beryllium or
silica while in the performance of duty
for DOE and certain of its vendors,
contractors and subcontractors. Part B of
the Act also provides for payment of
compensation to certain survivors of
these covered employees, and for
payment of a smaller uniform lump-sum
($50,000) to individuals (who would
also receive medical benefits), or their
survivors, who were determined to be
eligible for compensation under section
5 of the Radiation Exposure
Compensation Act (RECA), 42 U.S.C.
2210 note, by DOJ. Primary
responsibility for the administration of
Part B of the Act was assigned to DOL
by Executive Order 13179 (‘‘Providing
Compensation to America’s Nuclear
Weapons Workers’’) of December 7,
2000 (65 FR 77487).
The initial version of EEOICPA also
created a second program (known as
Part D of the Act) that required DOE to
establish a system by which DOE
contractor employees (and their eligible
survivors) could seek assistance from
DOE in obtaining state workers’
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compensation benefits if a Physicians
Panel determined that the employee in
question had sustained a covered illness
as a result of work-related exposure to
a toxic substance at a DOE facility. A
positive panel finding that was accepted
by DOE required DOE, to the extent
permitted by law, to order its contractor
not to contest the claim for state
workers’ compensation benefits.
However, Congress amended EEOICPA
in Subtitle E of Title XXXI of the Ronald
W. Reagan National Defense
Authorization Act for Fiscal Year 2005,
Public Law 108–375, 118 Stat. 1811,
2178 (October 28, 2004), by abolishing
Part D of the Act and creating a new Part
E (codified at 42 U.S.C. 7385s through
7385s–15) that it assigned to DOL for
administration. Part E established a new
system of variable federal payments for
DOE contractor employees, uranium
workers covered by section 5 of RECA,
and eligible survivors of such
employees.
Leonard J. Howie III,
Director, Office of Workers’ Compensation
Programs.
[FR Doc. 2016–00835 Filed 1–15–16; 8:45 am]
BILLING CODE 4510–CR–P
DEPARTMENT OF AGRICULTURE
Forest Service
Send written comments to
Proposed Rule Amendment, c/o USDA
Forest Service, R8 Planning, 1720
Peachtree Street NW., Suite 811N,
Atlanta, GA 30309. Electronic
comments may be sent to commentssouthern-regional-office@fs.fed.us; or by
facsimile to 404–347–5401. If comments
are sent electronically, do not duplicate
via regular mail. Comments should only
address issues relevant to this proposed
regulation.
All comments, including names and
addresses when provided, will be
placed in the rulemaking record and
will be available for public inspection
and copying. The public may inspect
comments received on this proposed
rule in the USDA, Forest Service
Regional Office, 1720 Peachtree Street,
Suite 811N, Atlanta, GA, on business
days between the hours of 8:30 a.m. and
4:30 p.m. Those wishing to inspect
comments should call ahead at 404–
347–4984 to schedule a time and to
facilitate entry into the office.
FOR FURTHER INFORMATION CONTACT: Paul
Arndt, Regional Planner, Planning Unit,
Southern Region, 404–347–4984.
Individuals who use telecommunication
devices for the deaf (TDD) may call the
Federal Information Relay Service
(FIRS) at 800–877–8339 between 8:00
a.m. and 8:00 p.m., Eastern Standard
Time, Monday through Friday.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
36 CFR Part 261
Background and Purpose for the
Amendment
RIN 0596–AD24
In 1974, Congress designated the 57mile Chattooga River (and its 15,432acre corridor) as a component of the
National Wild and Scenic River System.
The uppermost portion of the Chattooga
Wild and Scenic River is located in the
Nantahala National Forest (NF) in North
Carolina. The river then flows in a
southerly, south-westerly direction to
form the boundary between Georgia and
South Carolina, and also the boundary
between the Chattahoochee NF (in
Georgia) and the Sumter NF (in South
Carolina).
In the initial 1976 river management
plan for the Chattooga River, the U.S.
Forest Service used zoning to manage
the upper and lower segments of the
river for different recreational
opportunities. As part of the initial
zoning effort, management direction
prohibited floating on the upper
segment above GA/SC Highway 28
(which includes a section of the river in
the Sumter NF in South Carolina, a
section of the river in the Chattahoochee
NF in Georgia, and all of the sections of
the river in the Nantahala NF in North
Carolina).
Prohibitions in Region 8, Southern
Region
Forest Service, USDA.
Proposed rule.
AGENCY:
ACTION:
The Chattooga Wild and
Scenic River is located in the Nantahala
National Forest in North Carolina, the
Sumter National Forest in South
Carolina and the Chattahoochee
National Forest in Georgia. Forest
Service regulations generally prohibit
floating activities on the Chattooga Wild
and Scenic River unless authorized by
a permit. On January 31, 2012, the U.S.
Department of Agriculture (USDA),
Forest Service issued decisions to
change some of the locations where, and
conditions under which, boating would
be allowed. Consequently, the Forest
Service proposes to amend the
regulations to more accurately reflect
the new management direction for the
Chattooga Wild and Scenic River.
DATES: Comments on this proposed rule
must be received in writing by March
21, 2016.
SUMMARY:
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Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Proposed Rules
Under the authority of 36 CFR
261.70(a)(7), these prohibitions were
codified at 36 CFR 261.77 (Federal
Register, 43 FR 3706, January 27, 1978).
In general terms, 36 CFR 261.77
prohibits floating activities on the
Chattooga Wild and Scenic River unless
authorized by a permit. Consistent with
the river management plan that is
incorporated into the forest plans, the
original terms and conditions of the
permits issued pursuant to 36 CFR
261.77 allowed floating on the
Chattooga Wild and Scenic River but
only on that portion of the river located
downstream of GA/SC Highway 28.
Therefore, due to the combination of 36
CFR 261.77 and the terms of the selfregistration permit issued pursuant to
that regulation, floating was allowed on
that section of the river downstream of
GA/SC Highway 28 and prohibited
upstream from that location. However,
that management direction has changed,
allowing for an increase in boating
opportunities upstream of GA/SC
Highway 28. To be consistent with this
new management direction, the agency
proposes to amend 36 CFR 261.77.
On January 31, 2012, the
Chattahoochee, Nantahala and Sumter
National Forests issued Decision
Notices that amended their Forest Plans
to incorporate new management
direction for the Chattooga Wild and
Scenic River. These changes are based
upon an Environmental Assessment
titled ‘‘Managing Recreation Uses in the
Upper Segment of the Chattooga Wild
and Scenic River Corridor’’. Generally,
these new decisions allow floating
above GA/SC Highway 28 with certain
restrictions.
In the existing regulations at 36 CFR
261.77, the sections of the river that lie
within the Nantahala NF in North
Carolina are not addressed. This area is
instead regulated by Forest Supervisor’s
closure order pursuant to subpart B of
36 CFR part 261. In the interest of
efficiency and clarity, and to be
consistent with the new management
direction, the Forest Service proposes to
amend 36 CFR 261.77 to include
sections of the river that lie within the
Nantahala NF. Consistent with the new
management direction, the Forest
Service also proposes to amend 36 CFR
261.77 to include the Sumter and
Nantahala NFs in certain provisions that
currently only include the
Chattahoochee NF. In the interest of
further consistency and clarity, and to
better serve the public, the Forest
Service also proposes to amend 36 CFR
261.77 by eliminating reference to
specific locations where self-registration
permits are made available to the
public. Instead, the Agency will use
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other means to inform the public of the
variety of places where it can go to
obtain permits to float the Chattooga
Wild and Scenic River. Lastly, in an
effort to use more accurate and
consistent terminology, the Forest
Service proposes to replace the term
‘‘special use permit’’ with the term
‘‘special use authorization.’’
Section-by-Section Analysis of the
Proposed Rule
Part 261, Subpart C—Prohibitions in
Regions
§ 261.77 Prohibitions in Region 8,
Southern Region.
Revisions to § 261.77(a)
Currently, § 261.77(a) applies to the
Sumter National Forest and the
Chattahoochee National Forest abutting
the Chattooga River. However, this
regulation is silent about that section of
the Chattooga Wild and Scenic River
Corridor that is located upstream of the
Sumter and Chattahoochee NFs which
lies within the Nantahala NF in North
Carolina. The January 31, 2012, decision
by the Forest Service allows for
additional boating to occur under
permit in the upper section of the
Chattooga River which in-part is located
in North Carolina on the Nantahala NF.
Therefore, the regulation needs to be
revised to include the Nantahala NF.
The Agency proposes that § 261.77(a)
now be applicable to ‘‘any area of
National Forest land abutting the
Chattooga River.’’ A parenthetical
sentence will then be added to clarify
that ‘‘(The Chattooga River is located in
the Nantahala National Forest in North
Carolina, the Sumter National Forest in
South Carolina and the Chattahoochee
National Forest in Georgia.)’’
Due to the allowance of additional
floating on the Chattooga River, the
Agency must be able to issue permits in
a flexible and efficient manner that is
consistent with the new management
direction and in a manner that best
serves the public. Rather than codifying
the specific locations of self-registration
permit stations in the regulations, these
locations will be identified by the local
Forest Service officials administering
the different sections of the Chattooga
River. Locations of the registration
stations may need to be changed from
time to time to better serve the public.
In addition, the Forest Service may, in
the future, develop an option where
permits could be obtained online or
through other more efficient and
effective means. To achieve this need,
the specific locations of the ‘‘Forest
Service Registration Stations’’ are being
removed and the regulation will simply
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state that the use will need to be
‘‘authorized by permit or through a
special use authorization’’.
Revisions to § 261.77(b)
Similar to § 261.77(a), § 261.77(b)
currently applies to ‘‘. . . the Sumter
National Forest and the Chattahoochee
National Forest abutting the Chattooga
River.’’ However, this regulation is also
silent about that section of the
Chattooga Wild and Scenic River
Corridor that lies within the Nantahala
NF in North Carolina. Again, since the
January 31, 2012, decision by the US
Forest Service allows for additional
boating to occur under permit in the
upper section of the Chattooga River,
the regulation needs to be revised to
include the Nantahala NF. The agency
proposes that § 261.77(b) now is
applicable to ‘‘any area of National
Forest System land abutting the
Chattooga River.’’ As noted above, a
parenthetical sentence will then be
added to clarify that ‘‘(The Chattooga
River is located in the Nantahala
National Forest in North Carolina, the
Sumter National Forest in South
Carolina and the Chattahoochee
National Forest in Georgia.)’’ Finally,
the term ‘‘unless authorized by special
use permit’’ is also being replaced with
the term ‘‘unless permitted under a
special use authorization’’.
Revisions to § 261.77(c)
Section 261.77(c) currently only
applies to ‘‘. . . the terms or conditions
of any permit authorizing the occupancy
and use . . .’’ However, in § 261.77(a)
and (b), a distinction is now being made
between a ‘‘permit’’ and a ‘‘special use
authorization’’. So proposed § 261.77(c)
is revised to apply to ‘‘. . .the terms or
conditions of any special use
authorization or permit authorizing the
occupancy and use . . .’’
Revisions to § 261.77(d)
Section 261.77(d) applies to ‘‘. . . any
portion or segment of the Chattooga
River within the boundaries of the
Chattahoochee National Forest . . .’’
However, as stated above, the Chattooga
Wild and Scenic River flows through all
three forests; the Chattahoochee NF, the
Sumter NF and the Nantahala NF. In
addition, the new management direction
applies to all three forests. Therefore,
this provision needs to be revised to
include all three forests. So, proposed
§ 261.77(d) is revised to apply to ‘‘. . .
any portion or segment of the Chattooga
River within National Forest System
land . . .’’
In addition, as discussed above, in the
interest of consistency, efficiency and
clarity, to best serve the public, specific
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Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Proposed Rules
locations to obtain self-registration
permits will no longer be codified.
Rather, these locations will be identified
by the local Forest Service officials
administering the different sections of
the Chattooga River. The locations of the
registration stations may need to be
changed from time to time to better
serve the public. It should also be
recognized that the Forest Service may,
in the future, develop an option where
permits could be obtained online or in
some other efficient manner that better
serves the public. In order to address
this, the specific locations of the ‘‘Forest
Service Registration Stations’’ are being
removed and the proposed regulation
will simply state that the use will need
to be ‘‘authorized by permit or through
a special use authorization.’’
Revisions to § 261.77(e)
Similar to § 261.77(d), the scope of the
commercial or business operation
prohibitions currently in § 261.77(e)
only applies to ‘‘. . . any portion or
segment of the Chattooga River within
the boundaries of the Chattahoochee
National Forest . . .’’ As described
above, the regulation needs to be revised
to also include all three national forests.
Therefore, § 261.77(e) is revised to read,
‘‘Entering, going, riding, or floating . . .
upon any portion or segment of the
Chattooga River within National Forest
System land . . .’’ Finally, the term
‘‘unless authorized by special use
permit’’ is also being replaced with the
term ‘‘unless permitted under a special
use authorization.’’
Revisions to § 261.77(f)
Section 261.77(f) currently only
applies to ‘‘. . . the terms or conditions
of any permit authorizing the occupancy
and use . . .’’ However, in § 261.77(d)
and (e), a distinction is now being made
between a ‘‘permit’’ and a ‘‘special use
authorization’’. So proposed § 261.77(f)
is revised to apply to ‘‘. . .the terms or
conditions of any special use
authorization or permit authorizing the
occupancy and use . . .’’
Regulatory Certifications
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Environmental Impact
This proposed rule is to amend an
existing regulation to make it consistent
with a USDA, Forest Service decision
on the management of the Chattooga
Wild and Scenic River, which lies
within the Chattahoochee, Nantahala
and Sumter National Forests. The
Decision Notices (one for each National
Forest) were signed on January 31, 2012,
which were based upon an
Environmental Assessment (EA) titled
‘‘Managing Recreation Uses in the
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Upper Segment of the Chattooga Wild
and Scenic River Corridor.’’ The social
and environmental effects of this
decision are documented in this EA.
This proposed rule amendment is to
update the Forest Service regulations to
now be consistent with this new
management decision.
Regulatory Impact
This proposed rule has been reviewed
under USDA procedures and Executive
Order 12866 on regulatory planning and
review. It has been determined that this
is not a significant proposed rule. This
rulemaking 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
rulemaking will not interfere with an
action taken or planned by another
agency, nor will it raise new legal or
policy issues. Finally, this proposed
rule will not alter the budgetary impact
of entitlement, grant, user fee, or loan
programs or the rights and obligations of
beneficiaries of such programs.
Accordingly, this rulemaking is not
subject to Office of Management and
Budget (OMB) review under Executive
Order 12866.
Regulatory Flexibility Act
This proposed rule has been
considered in light of the Regulatory
Flexibility Act (5 U.S.C. 602 et seq.).
The proposed rule makes minor,
technical changes to the Forest Service’s
regulations. This rulemaking will not
have a significant economic impact on
a substantial number of small entities as
defined by the act because the
rulemaking will not impose
recordkeeping requirements on them; it
will not affect their competitive position
in relation to large entities; and it will
not affect their cash flow, liquidity, or
ability to remain in the market.
No Takings Implications
This proposed rule has been analyzed
in accordance with the principles and
criteria contained in Executive Order
12630. It has been determined that the
rulemaking will not pose the risk of a
taking of private property.
Civil Justice Reform
This proposed rule has been reviewed
under Executive Order 12988 on civil
justice reform. After adoption of this
proposed rule, (1) all State and local
laws and regulations that conflict with
this rulemaking or that impede its full
implementation will be preempted; (2)
no retroactive effect will be given to this
rule; and (3) it will not require
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administrative proceedings before
parties may file suit in court challenging
its provisions.
Federalism and Consultation and
Coordination With Indian Tribal
Governments
The Department has considered this
proposed rule under the requirements of
Executive Order 13132 on federalism,
and has determined that the rulemaking
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
Department has determined that no
further assessment of federalism
implications is necessary.
Moreover, this proposed rule is not
expected to have Tribal implications as
defined by Executive Order 13175,
Consultation and Coordination with
Indian Tribal Governments. The
Department does recognize that one or
more Indian Tribes may have direct
interest in the management of Chattooga
Wild & Scenic River. Therefore, the
Department will request consultation
with all potentially affected Indian
Tribes on this proposed rule. The tribal
consultation will be held concurrently
with the public comment period.
Energy Effects
This proposed rule has been reviewed
under Executive Order 13211 of May 18,
2001, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use. It has been
determined that this proposed rule does
not constitute a significant energy action
as defined in the Executive Order.
Unfunded Mandates
Pursuant to Title II of the Unfunded
Mandates Reform Act of 1995 (2 U.S.C.
1531–1538), which the President signed
into law on March 22, 1995, the
Department has assessed the effects of
this proposed rule on State, local, and
Tribal governments and the private
sector. This rulemaking will not compel
the expenditure of $100 million or more
by any State, local, or Tribal government
or anyone in the private sector.
Therefore, a statement under section
202 of the act is not required.
Controlling Paperwork Burdens on the
Public
This proposed rule does not contain
any recordkeeping or reporting
requirements or other information
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Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Proposed Rules
collection requirements as defined in 5
CFR part 1320 that are not already
required by law or not already approved
for use. Accordingly, the review
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.) and
its implementing regulations at 5 CFR
part 1320 do not apply.
List of Subjects in 36 CFR Part 261
Prohibitions, Law enforcement,
National forests.
Therefore, for the reasons set out in
the preamble, we propose to amend part
261 of title 36 of the Code of Federal
Regulations as follows:
PART 261—PROHIBITIONS
or segment of the Chattooga River
within National Forest System land in,
on, or upon any floatable object or craft
of every kind or description, unless
permitted under a special use
authorization.
(f) Violating or failing to comply with
any of the terms or conditions of any
special use authorization or permit
authorizing the occupancy and use
specified in paragraph (d) or (e) of this
section is prohibited.
Dated: December 21, 2015.
Thomas L. Tidwell,
Chief, Forest Service.
[FR Doc. 2016–00888 Filed 1–15–16; 8:45 am]
BILLING CODE 3411–15–P
1. The authority citation for part 261
continues to read as follows:
■
ENVIRONMENTAL PROTECTION
AGENCY
Authority: 7 U.S.C. 1011(f); 16 U.S.C.
4601–6d, 472, 551, 620(f), 1133(c)–(d)(1),
1246(i).
40 CFR Part 130
[EPA–HQ–OW–2014–0622; FRL–9941–33–
OW]
Subpart C—Prohibitions in Regions
■
2. Revise § 261.77 to read as follows:
RIN 2040–AF52
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§ 261.77 Prohibitions in Region 8,
Southern Region.
(a) Using or occupying any area of
National Forest System land abutting
the Chattooga River for the purpose of
entering or going upon the River in, on,
or upon any floatable object or craft of
every kind or description, unless
authorized by permit or through a
special use authorization. (The
Chattooga River is located in the
Nantahala National Forest in North
Carolina, the Sumter National Forest in
South Carolina and the Chattahoochee
National Forest in Georgia.)
(b) Using or occupying within the
scope of any commercial operation or
business any area of National Forest
System land abutting the Chattooga
River for the purpose of entering or
going upon the River in, on, or upon any
floatable object or craft of every kind or
description, unless permitted under a
special use authorization.
(c) Violating or failing to comply with
any of the terms or conditions of any
special use authorization or permit
authorizing the occupancy and use
specified in paragraph (a) or (b) of this
section is prohibited.
(d) Entering, going, riding, or floating
upon any portion or segment of the
Chattooga River within National Forest
System land in, on, or upon any
floatable object or craft of every kind or
description, unless authorized by a
permit or through a special use
authorization.
(e) Entering, going, riding, or floating
within the scope of any commercial
operation or business upon any portion
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Treatment of Indian Tribes in a Similar
Manner as States for Purposes of
Section 303(d) of the Clean Water Act
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
In section 518(e) of the Clean
Water Act (CWA), Congress authorized
EPA to treat eligible federally
recognized Indian tribes in a similar
manner as states for purposes of
administering section 303 and certain
other provisions of the CWA, and
directed the agency to promulgate
regulations effectuating this
authorization. EPA has issued
regulations establishing a process for
federally recognized tribes to obtain
treatment in a similar manner as states
(TAS) for several provisions of the
CWA; 50 tribes, for example, have
obtained TAS authority to issue water
quality standards under CWA section
303(c). EPA, however, has not yet
promulgated regulations expressly
establishing a process for such tribes to
obtain TAS authority to administer the
water quality restoration provisions of
CWA section 303(d), including issuing
lists of impaired waters and developing
total maximum daily loads (TMDLs)
under CWA section 303(d), as states
routinely do. EPA is now proposing to
remedy this gap. By establishing
regulatory procedures for eligible tribes
to obtain TAS for the CWA Section
303(d) Impaired Water Listing and
TMDL Program, the proposed rule
would enable eligible tribes to obtain
SUMMARY:
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2791
authority to identify impaired waters on
their reservations and to establish
TMDLs, which serve as plans for
attaining and maintaining applicable
water quality standards (WQS). The
proposal is comparable to similar
regulations that EPA issued in the 1990s
for the CWA Section 303(c) WQS and
CWA Section 402 and 404 Permitting
Programs, and includes features
designed to minimize paperwork and
unnecessary reviews. EPA requests
comments on all aspects of the proposed
rule.
DATES: EPA must receive comments on
or before March 21, 2016. EPA will
discuss this proposed rule and answer
questions about it in one or more
webinars during the above comment
period. If you are interested, see EPA’s
Web site at https://www2.epa.gov/tmdl/
tribal-consultation-rulemaking-providemore-opportunities-tribes-engage-cleanwater-act for the date and time of the
webinar(s) and instructions on how to
register and participate. Additionally,
under the Paperwork Reduction Act
(PRA), comments on the information
collection provisions are best assured of
consideration if the Office of
Management and Budget (OMB)
receives a copy of your comments on or
before February 18, 2016.
ADDRESSES: Submit your comments,
identified by Docket identification (ID)
No. EPA–HQ–OW–2014–0622, at
https://www.regulations.gov. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
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comments, please visit https://
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FOR FURTHER INFORMATION CONTACT:
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E:\FR\FM\19JAP1.SGM
19JAP1
Agencies
[Federal Register Volume 81, Number 11 (Tuesday, January 19, 2016)]
[Proposed Rules]
[Pages 2788-2791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00888]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 261
RIN 0596-AD24
Prohibitions in Region 8, Southern Region
AGENCY: Forest Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Chattooga Wild and Scenic River is located in the
Nantahala National Forest in North Carolina, the Sumter National Forest
in South Carolina and the Chattahoochee National Forest in Georgia.
Forest Service regulations generally prohibit floating activities on
the Chattooga Wild and Scenic River unless authorized by a permit. On
January 31, 2012, the U.S. Department of Agriculture (USDA), Forest
Service issued decisions to change some of the locations where, and
conditions under which, boating would be allowed. Consequently, the
Forest Service proposes to amend the regulations to more accurately
reflect the new management direction for the Chattooga Wild and Scenic
River.
DATES: Comments on this proposed rule must be received in writing by
March 21, 2016.
ADDRESSES: Send written comments to Proposed Rule Amendment, c/o USDA
Forest Service, R8 Planning, 1720 Peachtree Street NW., Suite 811N,
Atlanta, GA 30309. Electronic comments may be sent to comments-southern-regional-office@fs.fed.us; or by facsimile to 404-347-5401. If
comments are sent electronically, do not duplicate via regular mail.
Comments should only address issues relevant to this proposed
regulation.
All comments, including names and addresses when provided, will be
placed in the rulemaking record and will be available for public
inspection and copying. The public may inspect comments received on
this proposed rule in the USDA, Forest Service Regional Office, 1720
Peachtree Street, Suite 811N, Atlanta, GA, on business days between the
hours of 8:30 a.m. and 4:30 p.m. Those wishing to inspect comments
should call ahead at 404-347-4984 to schedule a time and to facilitate
entry into the office.
FOR FURTHER INFORMATION CONTACT: Paul Arndt, Regional Planner, Planning
Unit, Southern Region, 404-347-4984. Individuals who use
telecommunication devices for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 800-877-8339 between 8:00 a.m. and
8:00 p.m., Eastern Standard Time, Monday through Friday.
SUPPLEMENTARY INFORMATION:
Background and Purpose for the Amendment
In 1974, Congress designated the 57-mile Chattooga River (and its
15,432-acre corridor) as a component of the National Wild and Scenic
River System. The uppermost portion of the Chattooga Wild and Scenic
River is located in the Nantahala National Forest (NF) in North
Carolina. The river then flows in a southerly, south-westerly direction
to form the boundary between Georgia and South Carolina, and also the
boundary between the Chattahoochee NF (in Georgia) and the Sumter NF
(in South Carolina).
In the initial 1976 river management plan for the Chattooga River,
the U.S. Forest Service used zoning to manage the upper and lower
segments of the river for different recreational opportunities. As part
of the initial zoning effort, management direction prohibited floating
on the upper segment above GA/SC Highway 28 (which includes a section
of the river in the Sumter NF in South Carolina, a section of the river
in the Chattahoochee NF in Georgia, and all of the sections of the
river in the Nantahala NF in North Carolina).
[[Page 2789]]
Under the authority of 36 CFR 261.70(a)(7), these prohibitions were
codified at 36 CFR 261.77 (Federal Register, 43 FR 3706, January 27,
1978). In general terms, 36 CFR 261.77 prohibits floating activities on
the Chattooga Wild and Scenic River unless authorized by a permit.
Consistent with the river management plan that is incorporated into the
forest plans, the original terms and conditions of the permits issued
pursuant to 36 CFR 261.77 allowed floating on the Chattooga Wild and
Scenic River but only on that portion of the river located downstream
of GA/SC Highway 28. Therefore, due to the combination of 36 CFR 261.77
and the terms of the self-registration permit issued pursuant to that
regulation, floating was allowed on that section of the river
downstream of GA/SC Highway 28 and prohibited upstream from that
location. However, that management direction has changed, allowing for
an increase in boating opportunities upstream of GA/SC Highway 28. To
be consistent with this new management direction, the agency proposes
to amend 36 CFR 261.77.
On January 31, 2012, the Chattahoochee, Nantahala and Sumter
National Forests issued Decision Notices that amended their Forest
Plans to incorporate new management direction for the Chattooga Wild
and Scenic River. These changes are based upon an Environmental
Assessment titled ``Managing Recreation Uses in the Upper Segment of
the Chattooga Wild and Scenic River Corridor''. Generally, these new
decisions allow floating above GA/SC Highway 28 with certain
restrictions.
In the existing regulations at 36 CFR 261.77, the sections of the
river that lie within the Nantahala NF in North Carolina are not
addressed. This area is instead regulated by Forest Supervisor's
closure order pursuant to subpart B of 36 CFR part 261. In the interest
of efficiency and clarity, and to be consistent with the new management
direction, the Forest Service proposes to amend 36 CFR 261.77 to
include sections of the river that lie within the Nantahala NF.
Consistent with the new management direction, the Forest Service also
proposes to amend 36 CFR 261.77 to include the Sumter and Nantahala NFs
in certain provisions that currently only include the Chattahoochee NF.
In the interest of further consistency and clarity, and to better serve
the public, the Forest Service also proposes to amend 36 CFR 261.77 by
eliminating reference to specific locations where self-registration
permits are made available to the public. Instead, the Agency will use
other means to inform the public of the variety of places where it can
go to obtain permits to float the Chattooga Wild and Scenic River.
Lastly, in an effort to use more accurate and consistent terminology,
the Forest Service proposes to replace the term ``special use permit''
with the term ``special use authorization.''
Section-by-Section Analysis of the Proposed Rule
Part 261, Subpart C--Prohibitions in Regions
Sec. 261.77 Prohibitions in Region 8, Southern Region.
Revisions to Sec. 261.77(a)
Currently, Sec. 261.77(a) applies to the Sumter National Forest
and the Chattahoochee National Forest abutting the Chattooga River.
However, this regulation is silent about that section of the Chattooga
Wild and Scenic River Corridor that is located upstream of the Sumter
and Chattahoochee NFs which lies within the Nantahala NF in North
Carolina. The January 31, 2012, decision by the Forest Service allows
for additional boating to occur under permit in the upper section of
the Chattooga River which in-part is located in North Carolina on the
Nantahala NF. Therefore, the regulation needs to be revised to include
the Nantahala NF. The Agency proposes that Sec. 261.77(a) now be
applicable to ``any area of National Forest land abutting the Chattooga
River.'' A parenthetical sentence will then be added to clarify that
``(The Chattooga River is located in the Nantahala National Forest in
North Carolina, the Sumter National Forest in South Carolina and the
Chattahoochee National Forest in Georgia.)''
Due to the allowance of additional floating on the Chattooga River,
the Agency must be able to issue permits in a flexible and efficient
manner that is consistent with the new management direction and in a
manner that best serves the public. Rather than codifying the specific
locations of self-registration permit stations in the regulations,
these locations will be identified by the local Forest Service
officials administering the different sections of the Chattooga River.
Locations of the registration stations may need to be changed from time
to time to better serve the public. In addition, the Forest Service
may, in the future, develop an option where permits could be obtained
online or through other more efficient and effective means. To achieve
this need, the specific locations of the ``Forest Service Registration
Stations'' are being removed and the regulation will simply state that
the use will need to be ``authorized by permit or through a special use
authorization''.
Revisions to Sec. 261.77(b)
Similar to Sec. 261.77(a), Sec. 261.77(b) currently applies to
``. . . the Sumter National Forest and the Chattahoochee National
Forest abutting the Chattooga River.'' However, this regulation is also
silent about that section of the Chattooga Wild and Scenic River
Corridor that lies within the Nantahala NF in North Carolina. Again,
since the January 31, 2012, decision by the US Forest Service allows
for additional boating to occur under permit in the upper section of
the Chattooga River, the regulation needs to be revised to include the
Nantahala NF. The agency proposes that Sec. 261.77(b) now is
applicable to ``any area of National Forest System land abutting the
Chattooga River.'' As noted above, a parenthetical sentence will then
be added to clarify that ``(The Chattooga River is located in the
Nantahala National Forest in North Carolina, the Sumter National Forest
in South Carolina and the Chattahoochee National Forest in Georgia.)''
Finally, the term ``unless authorized by special use permit'' is also
being replaced with the term ``unless permitted under a special use
authorization''.
Revisions to Sec. 261.77(c)
Section 261.77(c) currently only applies to ``. . . the terms or
conditions of any permit authorizing the occupancy and use . . .''
However, in Sec. 261.77(a) and (b), a distinction is now being made
between a ``permit'' and a ``special use authorization''. So proposed
Sec. 261.77(c) is revised to apply to ``. . .the terms or conditions
of any special use authorization or permit authorizing the occupancy
and use . . .''
Revisions to Sec. 261.77(d)
Section 261.77(d) applies to ``. . . any portion or segment of the
Chattooga River within the boundaries of the Chattahoochee National
Forest . . .'' However, as stated above, the Chattooga Wild and Scenic
River flows through all three forests; the Chattahoochee NF, the Sumter
NF and the Nantahala NF. In addition, the new management direction
applies to all three forests. Therefore, this provision needs to be
revised to include all three forests. So, proposed Sec. 261.77(d) is
revised to apply to ``. . . any portion or segment of the Chattooga
River within National Forest System land . . .''
In addition, as discussed above, in the interest of consistency,
efficiency and clarity, to best serve the public, specific
[[Page 2790]]
locations to obtain self-registration permits will no longer be
codified. Rather, these locations will be identified by the local
Forest Service officials administering the different sections of the
Chattooga River. The locations of the registration stations may need to
be changed from time to time to better serve the public. It should also
be recognized that the Forest Service may, in the future, develop an
option where permits could be obtained online or in some other
efficient manner that better serves the public. In order to address
this, the specific locations of the ``Forest Service Registration
Stations'' are being removed and the proposed regulation will simply
state that the use will need to be ``authorized by permit or through a
special use authorization.''
Revisions to Sec. 261.77(e)
Similar to Sec. 261.77(d), the scope of the commercial or business
operation prohibitions currently in Sec. 261.77(e) only applies to ``.
. . any portion or segment of the Chattooga River within the boundaries
of the Chattahoochee National Forest . . .'' As described above, the
regulation needs to be revised to also include all three national
forests. Therefore, Sec. 261.77(e) is revised to read, ``Entering,
going, riding, or floating . . . upon any portion or segment of the
Chattooga River within National Forest System land . . .'' Finally, the
term ``unless authorized by special use permit'' is also being replaced
with the term ``unless permitted under a special use authorization.''
Revisions to Sec. 261.77(f)
Section 261.77(f) currently only applies to ``. . . the terms or
conditions of any permit authorizing the occupancy and use . . .''
However, in Sec. 261.77(d) and (e), a distinction is now being made
between a ``permit'' and a ``special use authorization''. So proposed
Sec. 261.77(f) is revised to apply to ``. . .the terms or conditions
of any special use authorization or permit authorizing the occupancy
and use . . .''
Regulatory Certifications
Environmental Impact
This proposed rule is to amend an existing regulation to make it
consistent with a USDA, Forest Service decision on the management of
the Chattooga Wild and Scenic River, which lies within the
Chattahoochee, Nantahala and Sumter National Forests. The Decision
Notices (one for each National Forest) were signed on January 31, 2012,
which were based upon an Environmental Assessment (EA) titled
``Managing Recreation Uses in the Upper Segment of the Chattooga Wild
and Scenic River Corridor.'' The social and environmental effects of
this decision are documented in this EA. This proposed rule amendment
is to update the Forest Service regulations to now be consistent with
this new management decision.
Regulatory Impact
This proposed rule has been reviewed under USDA procedures and
Executive Order 12866 on regulatory planning and review. It has been
determined that this is not a significant proposed rule. This
rulemaking 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 rulemaking will not interfere with an action taken or
planned by another agency, nor will it raise new legal or policy
issues. Finally, this proposed rule will not alter the budgetary impact
of entitlement, grant, user fee, or loan programs or the rights and
obligations of beneficiaries of such programs. Accordingly, this
rulemaking is not subject to Office of Management and Budget (OMB)
review under Executive Order 12866.
Regulatory Flexibility Act
This proposed rule has been considered in light of the Regulatory
Flexibility Act (5 U.S.C. 602 et seq.). The proposed rule makes minor,
technical changes to the Forest Service's regulations. This rulemaking
will not have a significant economic impact on a substantial number of
small entities as defined by the act because the rulemaking will not
impose recordkeeping requirements on them; it will not affect their
competitive position in relation to large entities; and it will not
affect their cash flow, liquidity, or ability to remain in the market.
No Takings Implications
This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 12630. It has been
determined that the rulemaking will not pose the risk of a taking of
private property.
Civil Justice Reform
This proposed rule has been reviewed under Executive Order 12988 on
civil justice reform. After adoption of this proposed rule, (1) all
State and local laws and regulations that conflict with this rulemaking
or that impede its full implementation will be preempted; (2) no
retroactive effect will be given to this rule; and (3) it will not
require administrative proceedings before parties may file suit in
court challenging its provisions.
Federalism and Consultation and Coordination With Indian Tribal
Governments
The Department has considered this proposed rule under the
requirements of Executive Order 13132 on federalism, and has determined
that the rulemaking 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 Department has determined that no further
assessment of federalism implications is necessary.
Moreover, this proposed rule is not expected to have Tribal
implications as defined by Executive Order 13175, Consultation and
Coordination with Indian Tribal Governments. The Department does
recognize that one or more Indian Tribes may have direct interest in
the management of Chattooga Wild & Scenic River. Therefore, the
Department will request consultation with all potentially affected
Indian Tribes on this proposed rule. The tribal consultation will be
held concurrently with the public comment period.
Energy Effects
This proposed rule has been reviewed under Executive Order 13211 of
May 18, 2001, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use. It has been determined that this
proposed rule does not constitute a significant energy action as
defined in the Executive Order.
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), which the President signed into law on March 22,
1995, the Department has assessed the effects of this proposed rule on
State, local, and Tribal governments and the private sector. This
rulemaking will not compel the expenditure of $100 million or more by
any State, local, or Tribal government or anyone in the private sector.
Therefore, a statement under section 202 of the act is not required.
Controlling Paperwork Burdens on the Public
This proposed rule does not contain any recordkeeping or reporting
requirements or other information
[[Page 2791]]
collection requirements as defined in 5 CFR part 1320 that are not
already required by law or not already approved for use. Accordingly,
the review provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.) and its implementing regulations at 5 CFR part 1320 do
not apply.
List of Subjects in 36 CFR Part 261
Prohibitions, Law enforcement, National forests.
Therefore, for the reasons set out in the preamble, we propose to
amend part 261 of title 36 of the Code of Federal Regulations as
follows:
PART 261--PROHIBITIONS
0
1. The authority citation for part 261 continues to read as follows:
Authority: 7 U.S.C. 1011(f); 16 U.S.C. 4601-6d, 472, 551,
620(f), 1133(c)-(d)(1), 1246(i).
Subpart C--Prohibitions in Regions
0
2. Revise Sec. 261.77 to read as follows:
Sec. 261.77 Prohibitions in Region 8, Southern Region.
(a) Using or occupying any area of National Forest System land
abutting the Chattooga River for the purpose of entering or going upon
the River in, on, or upon any floatable object or craft of every kind
or description, unless authorized by permit or through a special use
authorization. (The Chattooga River is located in the Nantahala
National Forest in North Carolina, the Sumter National Forest in South
Carolina and the Chattahoochee National Forest in Georgia.)
(b) Using or occupying within the scope of any commercial operation
or business any area of National Forest System land abutting the
Chattooga River for the purpose of entering or going upon the River in,
on, or upon any floatable object or craft of every kind or description,
unless permitted under a special use authorization.
(c) Violating or failing to comply with any of the terms or
conditions of any special use authorization or permit authorizing the
occupancy and use specified in paragraph (a) or (b) of this section is
prohibited.
(d) Entering, going, riding, or floating upon any portion or
segment of the Chattooga River within National Forest System land in,
on, or upon any floatable object or craft of every kind or description,
unless authorized by a permit or through a special use authorization.
(e) Entering, going, riding, or floating within the scope of any
commercial operation or business upon any portion or segment of the
Chattooga River within National Forest System land in, on, or upon any
floatable object or craft of every kind or description, unless
permitted under a special use authorization.
(f) Violating or failing to comply with any of the terms or
conditions of any special use authorization or permit authorizing the
occupancy and use specified in paragraph (d) or (e) of this section is
prohibited.
Dated: December 21, 2015.
Thomas L. Tidwell,
Chief, Forest Service.
[FR Doc. 2016-00888 Filed 1-15-16; 8:45 am]
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