[Federal Register Volume 70, Number 226 (Friday, November 25, 2005)]
[Notices]
[Pages 71081-71083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23256]


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DEPARTMENT OF AGRICULTURE

Forest Service

RIN 0596-AC41


Advertising and Sponsorship in Connection With Concessions 
Involving Privately Owned Improvements on National Forest System Lands

AGENCY: Forest Service, USDA.

ACTION: Notice of interim directive; request for public comment.

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SUMMARY: The Forest Service is issuing an interim directive (ID) 
revising direction in Forest Service Manual (FSM) 2340.03 governing 
advertising and sponsorship in connection with concessions involving 
privately owned improvements operated under special use permits on 
National Forest System (NFS) lands. The ID allows holders of concession 
permits to advertise inside buildings and other interior spaces that 
they own, subject to certain conditions, and encourages cooperative 
relationships and sponsorships that promote public participation in the 
management of NFS lands. The Forest Service is requesting comment from 
the public on the provisions contained in this ID in order to develop a 
final policy. The ID will be in effect until removed or adoption of a 
final policy through an amendment to FSM 2340.03.

DATES: Comments must be received in writing by March 27, 2006.

ADDRESSES: Send comments by mail to USDA, Forest Service, Attention: 
Carolyn Holbrook, Recreation and Heritage Resources Staff (2340), 1400 
Independence Avenue, SW., Stop 1125, Washington, DC 20250-1125 or by 
facsimile to Carolyn Holbrook, 202-205-1145, or by e-mail to 
[email protected]. Comments also may be submitted by following the 
instructions at the federal eRulemaking portal at http://www.regulation.gov. If comments are sent by e-mail or facsimile, the 
public is requested not to send duplicate comments via mail. Please 
confine comments to issues pertinent to the ID, explain the reasons for 
any recommended changes, and where possible reference the specific 
wording being addressed.
    All comments on the ID, including names and addresses when 
provided, will be placed in the record and will be available for public 
inspection and copying. The public may inspect comments received on 
this ID in the Office of the Director, Recreation and Heritage 
Resources Staff, 4th Floor Central, Sidney R. Yates Federal Building, 
14th and Independence Avenue, SW., Washington, DC, on business days 
between the hours of 8:30 a.m. and 4 p.m. Those wishing to inspect 
comments are encouraged to call ahead at (202) 205-1399 to facilitate 
entry into the building.

FOR FURTHER INFORMATION CONTACT: Carolyn Holbrook, Recreation and 
Heritage Resources Staff, (202) 205-1399.

SUPPLEMENTARY INFORMATION:

1. Background and Need

Encouraging Investment Through Limited Advertising and Recognition of 
Cooperators and Sponsors

    The Forest Service regulates the provision of concession services 
to the public by private individuals and entities that own and operate 
recreational facilities and services on NFS lands (concessionaires). 
These facilities and services, which are authorized by special use 
permits, enhance opportunities for the public to recreate on NFS lands. 
Concessionaires are the primary contact for many people visiting 
National Forests, and they often provide information and education to 
the public about the National Forests. Thus, concessionaires, such as 
resort, marina, and ski area operators, greatly assist the Forest 
Service in providing information and services to the public.
    The Forest Service wants to encourage concessionaires to promote 
public participation in the management of NFS lands by proposing public 
services, evaluating solutions to specific natural resource management 
problems, and promoting conservation awareness and public health and 
safety. These endeavors may cost money without generating a return on 
investment by the concessionaires. Concessionaires have encouraged the 
agency to consider sponsorship and advertisement as ways to generate 
funding for these types of activities.

Proposed Changes to FSM 2343.03

    Paragraph 11. Paragraph 11 has been revised to allow 
concessionaires to advertise products and services inside buildings and 
other interior spaces they own, including chairlift restraining bars 
facing the rider. However, paragraph 11 does not allow display of the 
Forest Service shield or other agency symbols in conjunction with 
product or service names or advertisements to avoid any other 
appearance of agency endorsement of products or services. Paragraph 11 
allows exterior signage that merely identifies the types of goods or 
services provided within the permitted facilities with prior written 
approval from the authorized officer. Except for short-term special 
events provided for in paragraph 12(c), advertising outside of 
buildings or interior spaces owned by the concessionaire or along roads 
on NFS lands is prohibited.
    Current paragraph 12. Current paragraph 12 has been renumbered as 
paragraph 13 in the ID. No other changes were made to this paragraph.
    New Paragraph 12. New Paragraph 12 encourages cooperative 
relationships and sponsorships that promote public participation in the 
management of NFS lands, including programs or projects that involve 
public services, evaluate solutions to specific natural resource 
management problems, or promote conservation awareness or public health 
and safety. Paragraph 12 requires that these programs or projects have 
prior written approval from the authorized officer and that they 
include a plan that describes the program or project; its duration, 
objective, outcome, and target audience; and communication or marketing 
strategies for the program or project.
    Paragraph 12(a) allows cooperator or sponsor recognition only 
during and within the proximity of the program or project and, to the 
extent practical, requires that the recognition be integrated into the 
program or project so that participants and spectators can make a clear 
connection between the cooperator or sponsor and the public service 
being provided. In addition, paragraph 12(a) prohibits recognition of 
cooperators or sponsors on government vehicles.

[[Page 71082]]

    Paragraph 12(b) limits recognition of cooperators or sponsors in 
signs, printed and electronic media, wayside and kiosk exhibits, and 
temporary facilities to acknowledgment of the cooperator's or sponsor's 
public service initiative, which can include the cooperator's or 
sponsor's name and trademark.
    Paragraph 12(c) allows recognition of cooperative support for or 
sponsorship of short-term special events, such as races, competitions, 
festivals, clean-up days, and volunteer events. Paragraph 12(c) allows 
temporary waiver of the prohibition against exterior advertising during 
short-term special events sponsored by the holder (rather than by the 
Forest Service, with support from a cooperator). Recognition of 
sponsors during these events may appear on banners, posters, flyers, 
and temporary facilities and could include sponsor names, sponsor 
trademarks, sponsor product names and services, and sponsor 
advertisements. Paragraph 12(c) also prohibits use of the Forest 
Service shield or other agency symbol in conjunction with sponsor 
product names, services, and advertisements on banners, posters, 
flyers, and temporary facilities, and care has to be taken to avoid any 
other appearance of agency endorsement of sponsor products and services 
in connection with the events. In addition, paragraph 12(c) also 
prohibits recognition of cooperators or sponsors on government 
vehicles.
    Current Paragraph 13. Current paragraph 13 is renumbered as 
paragraph 14 in the ID.
    Paragraph 14. Paragraph 14 has been revised for clarity. In 
contrast to advertising of commercial products and services at 
concession sites as provided under paragraphs 11 and 12, it is 
appropriate in advertising about Forest Service concessions to identify 
authorized facilities and services with the Forest Service.

2. Regulatory Requirements

Environmental Impact

    This ID revises national policy governing administration of special 
use permits for concession uses involving privately owned facilities. 
Section 31b of Forest Service Handbook 1909.15 (57 FR 43180, September 
18, 1992) excludes 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's conclusion is that this ID falls within 
this category of actions and that no extraordinary circumstances exist 
which would require preparation of an environmental assessment or 
environmental impact statement.

Regulatory Impact

    This ID 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 directive. This ID will not have an annual 
effect of $100 million or more on the economy, nor would it adversely 
affect productivity, competition, jobs, the environment, public health 
and safety, or State or local governments. This ID will not interfere 
with an action taken or planned by another agency, nor will it raise 
new legal or policy issues. Finally, this ID 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 ID is not subject to Office of Management and Budget 
review under Executive Order 12866.
    Moreover, this ID has been considered in light of the Regulatory 
Flexibility Act (5 U.S.C. 602 et seq.). It has been determined that 
this ID will not have a significant economic impact on a substantial 
number of small entities as defined by the act because the ID will not 
impose recordkeeping requirements on them; it will not affect their 
competitive position in relation to large entities; and it will not 
significantly affect their cash flow, liquidity, or ability to remain 
in the market. The benefits cannot be quantified and are not likely 
substantially to alter costs to small businesses.

No Takings Implications

    This ID has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12630, and it has been determined 
that the ID will not pose the risk of a taking of private property.

Civil Justice Reform

    This ID has been reviewed under Executive Order 12988 on civil 
justice reform. If this ID were adopted, (1) all State and local laws 
and regulations that are in conflict with this proposed directive or 
that would impede its full implementation will be preempted; (2) no 
retroactive effect will be given to this proposed directive; 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 agency has considered this proposed directive under the 
requirements of Executive Order 13132 on federalism, and has made an 
assessment that the ID 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 at this time.
    Moreover, this ID does not have tribal implications as defined by 
Executive Order 13175, entitled ``Consultation and Coordination With 
Indian Tribal Governments,'' and therefore advance consultation with 
Tribes is not required.

Energy Effects

    This ID has been reviewed under Executive Order 13211, entitled 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use.'' It has been determined that this ID 
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 agency has assessed the effects of this ID on State, local, 
and Tribal governments and the private sector. This ID 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 ID does not contain any record-keeping or reporting 
requirements or other information collection requirements as defined in 
5 U.S.C. part 1320 that are not already required by law or not already 
approved for use. Any information collected from the public as a result 
of implementing this ID has been approved by the Office of Management 
and Budget under 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.


[[Page 71083]]


    Dated: October 24, 2005.
Dale N. Bosworth,
Chief.

3. Proposed Directive Changes for Advertising and Sponsorship at 
Certain Concessions

    Note: The Forest Service organizes its directive system by 
alphanumeric codes and subject headings. Only those sections of the 
Forest Service Handbook that are the subject of this notice are set 
out here. The intended audience for this direction is Forest Service 
employees charged with issuing and administrating concession special 
use permits involving privately owned improvements.

Forest Service Manual

2300--Recreation, Wilderness, and Related Resource Management

Chapter 2340 Privately Provided Recreation Opportunities

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2343.03--Policy
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    11. The holder of a term permit may advertise products and services 
inside buildings or other interior spaces owned by the holder, 
including chair lift restraining bars facing the rider. The Forest 
Service shield and any other symbol identified with the agency shall 
not appear in conjunction with product or service names and 
advertisements and care shall be taken to avoid any other appearance of 
agency endorsement of products or services. The holder may also post 
exterior signage that merely identifies the types of products and 
services provided within those buildings. Except as provided in 
paragraph 12(c) for short-term special events, advertising outside 
those buildings or interior spaces, or along roads on National Forest 
System (NFS) lands, is prohibited. Any exterior signage must have prior 
written approval from the authorized officer.
    12. Encourage cooperative relationships and sponsorships that 
promote public participation in the management of NFS lands, including 
programs or projects that propose public services, evaluate solutions 
to specific natural resource management problems, or promote 
conservation awareness or public health and safety. These programs or 
projects must have prior written approval from the authorized officer 
and must include a plan that describes the program or project; its 
duration, objective, outcome, and target audience; and communication or 
marketing strategies for the program or project. Cooperators and 
sponsors of these programs or projects may be recognized in accordance 
with the following:
    a. Duration and Location of Recognition. Cooperator or sponsor 
recognition shall be allowed only during and within the proximity of 
the program or project and, to the extent practical, shall be 
integrated into the program or project so that participants and 
spectators can make a clear connection between the cooperator and 
sponsor and the public service being performed. Recognition of 
cooperators or sponsors on government vehicles is prohibited.
    b. Content of the Recognition. Cooperator or sponsor recognition in 
signs, printed and electronic media, wayside and kiosk exhibits, and 
temporary facilities shall be limited to acknowledgement of the 
cooperator's or sponsor's public service initiative and may include the 
cooperator's or sponsor's name and trademark. The purpose of the 
recognition is to identify the sponsor, not to promote the sponsor's 
products or services.
    c. Special Events. Recognize cooperative support for or sponsorship 
of short-term special events, such as races, competitions, festivals, 
clean-up days, and volunteer events. During short-term special events 
sponsored by the holder (rather than by the Forest Service, with 
support from a cooperator), the authorized officer may temporarily 
waive the prohibition on exterior advertisement. Recognition of 
sponsors during the events may appear on banners, posters, flyers, and 
temporary facilities and may include sponsor names, sponsor trademarks, 
sponsor product names and services, and sponsor advertisements. The 
Forest Service shield and any other agency symbol shall not appear in 
conjunction with sponsor product names, services, and advertisements on 
banners, posters, flyers, and temporary facilities. In addition, care 
shall be taken to avoid any other appearance of agency endorsement of 
sponsor product names and services in connection with the events. 
Recognition of cooperators or sponsors on government vehicles is 
prohibited.
    13. Clearly define the holders' responsibilities for the safety of 
their employees and the public within the boundaries of the 
authorization and while participating in activities covered by the 
authorization. Require that safety be addressed in applications 
responding to prospectus offerings, special use authorizations, and 
operating plans.
    14. Ensure that literature, brochures, and other advertising of 
facilities and services under special use permit that holders display 
or distribute do not contain misleading statements or statements that 
discriminate on the basis of race, color, sex (in educational and 
training programs), national origin, age, or disability. Also ensure 
that these materials state that the permitted facilities and services 
are located on NFS lands.
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[FR Doc. 05-23256 Filed 11-23-05; 8:45 am]
BILLING CODE 3410-11-U