[Federal Register Volume 72, Number 46 (Friday, March 9, 2007)]
[Notices]
[Pages 10632-10639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4261]


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DEPARTMENT OF AGRICULTURE

Forest Service

RIN 0596-AC39


Travel Management, Proposed Forest Service Directives; Forest 
Service Manual 2350, 7700, and 7710 and Forest Service Handbook 7709.55

AGENCY: Forest Service, USDA.

ACTION: Proposed directives; request for comment.

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SUMMARY: The Forest Service proposes to amend internal agency 
directives regarding travel management to make them consistent with and 
facilitate implementation of the agency's final travel management rule 
(36 CFR part 212), ``Travel Management; Designated Routes and Areas for 
Motor Vehicle Use'' (70 FR 68264, November 9, 2005) (travel management 
rule). The travel management rule requires each Forest Service 
administrative unit or Ranger District to designate those roads, 
trails, and areas open to motor vehicle use.
    Changes to existing travel management directives are needed to 
provide guidance on implementation of the travel management rule, to 
conform terminology to the rule, to provide consistent direction on the 
process of designating roads, trails, and areas for motor vehicle use, 
and to integrate direction on roads analysis with direction on travel 
planning.
    The proposed directives would consolidate direction for travel 
planning for both roads and trails in Forest Service Manual (FSM) 7710 
and Forest Service Handbook (FSH) 7709.55.

[[Page 10633]]

Direction for trail management would continue to be found in FSM 2350. 
Consistent terminology and delegations of authority would be 
established in FSM 7700, Zero Code.
    The proposed directives expand the scope of the current roads 
analysis process to encompass trails and areas designated for motor 
vehicle use, while streamlining some of the procedural requirements 
involved.

DATES: Comments must be received in writing by May 8, 2007.

ADDRESSES: Send written comments to Travel Management Proposed 
Directives, Attention: LeRoy Schmitz, c/o USDA Forest Service Northern 
Region, P.O. Box 7669, Missoula, MT 59807; by delivery service to 200 
East Broadway, Missoula MT 59807; by e-mail to [email protected]; or 
by facsimile to 406-329-3198.
    All comments, 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 these proposed 
directives in the office of the Director of Engineering, USDA Forest 
Service Northern Region, 200 East Broadway, Missoula, MT 59807, 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 406-329-3173 to 
facilitate entry into the building.

FOR FURTHER INFORMATION CONTACT: Joe Gallagher, Recreation and Heritage 
Resources Staff, (202) 205-0931.

SUPPLEMENTARY INFORMATION: 

Background

    On November 9, 2005, the Forest Service published the travel 
management rule, governing use of motor vehicles on National Forest 
System (NFS) lands. The travel management rule (36 CFR part 212, 
subpart B) requires each administrative unit or Ranger District to 
designate those roads, trails, and areas open to motor vehicle use by 
vehicle class and, if appropriate, by time of year. The travel 
management rule also requires designated roads, trails, and areas to be 
identified on a motor vehicle use map. After roads, trails, and areas 
have been designated and identified on a motor vehicle use map, motor 
vehicle use inconsistent with those designations is prohibited under 36 
CFR 261.13.
    The travel management rule combined regulations governing 
administration of the forest transportation system and regulations 
governing use of motor vehicles off NFS roads into part 212, Travel 
Management, covering the use of motor vehicles on NFS lands. The travel 
management rule implements Executive Order (E.O.) 11644 (February 8, 
1972), ``Use of Off-Road Vehicles on the Public Lands,'' as amended by 
E.O. 11989 (May 24, 1977).
    Nationally, the Forest Service manages approximately 287,000 miles 
of NFS roads and 32,000 miles of NFS trails that are open to motor 
vehicle use. Other NFS roads and NFS trails are managed for 
nonmotorized uses or are not open to general public use. Motor vehicle 
routes in the forest transportation system range from paved roads 
designed for passenger cars to single-track trails used by dirt bikes. 
Many roads designed for high-clearance vehicles (such as logging trucks 
and sport utility vehicles) are also used by all-terrain vehicles 
(ATVs) and other off-highway vehicles (OHVs) not normally found on city 
streets. Almost all NFS trails serve nonmotorized users such as hikers, 
bicyclists, and equestrians, alone or in combination with motorized 
users. NFS roads often accept nonmotorized use as well.
    In addition to this managed system of NFS roads and NFS trails, 
many National Forests contain user-created roads and trails. These 
routes are concentrated in areas where cross-country travel by motor 
vehicles has been allowed and sometimes include dense, braided networks 
of criss-crossing trail. There has been no comprehensive national 
inventory of user-created routes (and continuing proliferation of these 
routes has made a definitive inventory difficult), but they are 
estimated to number in the tens of thousands of miles.
    Wilderness areas are closed to motor vehicles by statute. On some 
National Forests and portions of others, motor vehicle use is 
restricted by order to designated routes and areas. On other National 
Forests, motor vehicle use is not restricted to designated routes and 
areas.

Need for Proposed Directives

    The Forest Service provides internal direction to field units 
through its directives system, consisting of the FSM and FSH. 
Directives provide guidance to field units in implementing programs 
established by statute and regulation. Forest Service directives 
establish agency policy for delegations of authority, consistent 
definitions of terms, clear and consistent interpretation of regulatory 
language, and standard processes.
    The travel management rule will be implemented on administrative 
units and Ranger Districts, each of which will complete the designation 
process and publish a motor vehicle use map identifying those NFS 
roads, NFS trails, and areas on NFS lands open to motor vehicle use. 
The Forest Service hopes to complete that task on all units of the NFS 
within 4 years.
    One of the main objectives of the travel management rule is to 
provide a consistent procedural framework and consistent terminology 
for travel management decisions made at the local level. Current policy 
in the Forest Service directives system was written prior to the travel 
management rule and reflects previous travel management direction and 
terminology. For example, current directives use the terms ``classified 
road'' and ``unclassified road,'' which were removed by the travel 
management rule. Until this policy is updated, inconsistent terminology 
may result in confusion and inconsistent application of the travel 
management rule. The proposed directives are also needed to provide a 
procedural approach to implementing the travel management rule in 
conformance with agency policy on land management planning, 
environmental analysis, roads analysis, and other requirements of law 
and policy.
    While some of the proposed changes simply reiterate direction in 
the travel management rule, other proposed changes provide clarifying 
instructions, delegations of authority, or other guidance on 
implementing the travel management rule.
    To ensure timely and consistent implementation of the travel 
management rule, the Forest Service is proposing to amend travel 
management directives in FSM 2350, 7700, and 7710 and FSH 7709.55. Many 
comments on the proposed travel management regulation requested an 
opportunity for public input in development of agency directives 
implementing the travel management rule, and these proposed directives 
are expected to garner substantial public interest. Pursuant to 36 CFR 
part 216 and to build public understanding of and participation in 
travel management decisions, the Forest Service is seeking comment on 
these proposed directives. The proposed directives are available for 
review on the Forest Service Web site at http://www.fs.fed.us/recreation/programs/ohv. Additional purely technical, nonsubstantive 
amendments to FSM 2354 and 7730 and FSH 2309.18 and 7709.59 (which 
primarily conform terminology in those directives to terminology in the 
travel management rule) will be issued without public notice and 
comment when these proposed directives are finalized.

[[Page 10634]]

Summary of Changes

    The proposed directives would conform agency directives to the 
travel management rule. Many of the proposed changes to the directives 
simply reiterate requirements of the travel management rule or update 
terminology based on the travel management rule. The Forest Service is 
not proposing to revise the travel management rule. Reviewers may find 
it helpful to become familiar with the travel management rule before 
reviewing these proposed directives.
    The proposed directives would consolidate Forest Service policy for 
travel management into FSM 7700. This chapter, now entitled 
``Transportation System,'' would be renamed ``Travel Management'' to be 
consistent with the new title of 36 CFR part 212. FSM 7700, Zero Code, 
would be amended to contain new authorities and responsibilities. FSM 
7710, ``Travel Planning,'' would be amended to provide direction on 
travel analysis and route and area designation. The ``Travel Planning 
Handbook,'' FSH 7709.55, would be revised to integrate roads analysis 
into the new travel management process. Directives governing road 
maintenance and operations would remain in FSM 7730, ``Operations and 
Maintenance,'' and FSH 7709.59, the Road System Operations Handbook.
    Within FSM 2300, ``Recreation Management,'' FSM 2350, ``Trail, 
River, and Similar Recreation Opportunities,'' would be amended to 
consolidate travel planning direction for motor vehicle use, mirroring 
the consolidation of regulations formerly in 36 CFR parts 212 and 295. 
Directives governing trail maintenance and operations would remain in 
FSM 2350 and FSH 2309.18.
    A key objective of the proposed directives is to integrate roads 
analysis, as required by 36 CFR part 212, subpart A, with the travel 
management process required by 36 CFR part 212, subpart B, to avoid 
duplicative planning processes. On January 12, 2001, the Forest Service 
published final regulations at 36 CFR part 212, ``Administration of the 
Forest Development Transportation System; Prohibitions; Use of Motor 
Vehicles Off Forest System Roads; Final Rule'' (roads rule), and 
``Forest Service Transportation; Final Administrative Policy; Notice'' 
(roads policy) (66 FR 3216). The roads rule requires each 
administrative unit of the NFS to ``identify the minimum road system 
needed for safe and efficient travel and for administration, 
utilization, and protection of National Forest System lands * * * 
incorporating a science-based roads analysis at the appropriate scale'' 
(36 CFR 212.5(b)). The new travel management rule requires each 
administrative unit or Ranger District of the NFS to designate those 
roads, trails, and areas open to motor vehicle use. The Forest Service 
believes that a single, integrated analysis can be used to fulfill both 
requirements.
    The roads policy (FSM 7700 and 7710) established Publication FS-
643, Roads Analysis: Informing Decisions About Managing the National 
Forest Transportation System (August 1999), as the science-based roads 
analysis to be followed when implementing the roads rule. The roads 
policy also established specific requirements for the use of roads 
analysis at various scales prior to making travel management decisions 
involving NFS roads. The proposed changes in the Forest Service 
directives would move the six-step analysis described in FS-643 to FSH 
7709.55, Chapter 20, and rename it ``Travel Analysis'' to reflect its 
broader application in informing travel management decisions regarding 
motor vehicle use on NFS roads, on NFS trails, and in areas on NFS 
lands. The Forest Service also proposes to change its directives to 
streamline the travel analysis process and to provide the responsible 
official additional discretion in determining the scope and scale of 
travel analysis.
    In addition to the section-by-section discussion that follows, the 
digest section of the proposed directives enumerates the proposed 
changes from existing directives.

Section-by-Section Analysis of Proposed Changes

Proposed Revisions to FSM 2350, ``Trail, River, and Similar Recreation 
Opportunities''

    FSM 2352, ``Road Recreation Management,'' and FSM 2355, ``Off-Road 
Vehicle Use Management,'' would be removed. To ensure consistent 
implementation of the travel management rule, direction for travel 
planning, travel management decisions, and designation of roads, 
trails, and areas for motor vehicle use would be moved to FSM 7710, 
``Travel Planning,'' and would be revised to be consistent with 36 CFR 
part 212.
    FSM 2353, ``National Forest System Trails,'' would be revised to 
conform with the terminology and contents of 36 CFR part 212. FSM 
2353.28, ``Management of Motor Vehicle Use,'' would be added to provide 
guidance for management of NFS trails designated for motor vehicle use. 
Other proposed technical corrections not directly associated with the 
travel management rule would update FSM 2353 to conform with changes in 
laws, regulations, and policy that have occurred since this section was 
last updated. Examples include the 2005 planning rule, the Forest 
Service's national Infrastructure database, and changes in the Forest 
Service's organizational structure and accounting practices.

Proposed Revisions to FSM 7700, ``Travel Management,'' Zero Code

    FSM 7700, Zero Code, sets general direction applicable to the 
entire chapter, including FSM 7710 through 7740. The series title would 
be changed from ``Transportation System'' to ``Travel Management.'' In 
general, the Zero Code enumerates the agency's authority to establish 
policy, sets out the agency's objectives and general policy for travel 
management, provides for delegation of authority to agency officials, 
and contains definitions for terms used throughout the chapter. FSM 
7700 concludes by identifying the handbooks supplementing the direction 
in that chapter.
    In FSM 7701, ``Authority,'' the references to 36 CFR part 212 would 
be updated to reflect the changes effected by the travel management 
rule and to include references to E.O. 11644.
    FSM 7702, ``Objectives,'' would be updated to reflect the 
objectives of the travel management rule: to manage motor vehicle use 
within the capabilities of the land and within available agency 
resources; to provide a wide range of recreation experiences for NFS 
visitors; to address visitor safety; and to involve the public and 
coordinate with relevant governmental entities in designating roads, 
trails, and areas for motor vehicle use. The proposed directives would 
add an objective to make use of transit and intermodal transportation 
systems.
    FSM 7703, ``Policy,'' would be updated to reflect new regulatory 
requirements in 36 CFR part 212 and to provide for consistent 
interpretation of those requirements. In general, the proposed 
directives would require the responsible official to provide a 
transportation system consistent with the desired conditions described 
in the applicable land management plan and to coordinate with other 
transportation officials and State, local, and tribal governments when 
making travel management decisions.
    FSM 7703.1, ``Travel Management,'' would provide general direction 
for designating routes and areas. FSM 7703.1 would reiterate the 
regulatory requirements at 36 CFR part 212,

[[Page 10635]]

subpart B. In addition, FSM 7703.1 would require responsible officials 
to use travel analysis to consider the criteria in 36 CFR 212.55 and 
contribute towards identification of the minimum road system needed for 
safe and efficient travel and for administration, utilization, and 
protection of NFS lands (36 CFR 212.5(b)). Responsible officials would 
be advised to use restraint in designating areas for motor vehicle use. 
Areas are not intended to be large or numerous and should have natural 
resource characteristics that are suitable for cross-country motor 
vehicle use. No administrative unit would be required to designate 
areas.
    FSM 7703.2, ``Management Opportunities,'' would require travel 
analysis to be based on a complete inventory of NFS roads and NFS 
trails. A complete inventory of user-created routes would not be 
required. However, responsible officials would be required to work with 
the public to identify which user-created routes might be suitable for 
inclusion in the forest transportation system. FSM 7703.2 would require 
consideration of the full spectrum of motorized and nonmotorized 
recreation opportunities, so that designation results in an appropriate 
mix of recreational activities that minimize conflicts among uses. 
Responsible officials would be encouraged to consider the availability 
of resources for maintenance and administration before adding routes to 
the forest transportation system. Grants, agreements, and volunteers 
would be considered in this evaluation. Lastly, the requirement that 
travel management decisions be informed by travel analysis would be 
restated and clearly established as policy.
    FSM 7703.22, ``Motor Vehicle Use Off Designated Roads and Trails 
and Outside Designated Areas,'' would reiterate the regulatory 
provision that once designation is complete on an administrative unit 
or Ranger District and designated routes and areas are identified on a 
motor vehicle use map, motor vehicle use off the designated system or 
inconsistent with the designations will be prohibited by 36 CFR 261.13. 
Responsible officials would be advised to apply provisions for limited 
use of motor vehicles for big game retrieval or dispersed camping 
sparingly per 36 CFR 212.51(b).
    FSM 7703.23, ``Use by Over-Snow Vehicles and Non-Motorized Use,'' 
would establish that responsible officials may use the provisions in 36 
CFR 212.81 and 261.14 to allow, restrict, or prohibit use by over-snow 
vehicles on NFS roads, on NFS trails, and in areas on NFS lands.
    FSM 7703.24, ``Maintaining and Reconstructing Roads,'' FSM 7703.25, 
``Decommissioning Roads,'' and FSM 7703.26, ``Adding Roads,'' would not 
be changed.
    FSM 7703.3, ``Jurisdiction Over Forest Transportation Facilities,'' 
would update terminology to match definitions in 36 CFR 212.1, to 
expand language to encompass jurisdiction over trails as well as roads, 
and to recognize that multiple agencies may share jurisdiction over a 
single road or trail.
    FSM 7703.4, ``Common Transportation Interests With Local Public 
Road Authorities and Other Landowners,'' would incorporate minor 
wording changes to improve clarity and to correct the cross-reference 
to FSH 1509.11, section 23.
    FSM 7703.5 would be renamed ``Agreements for Road Operation and 
Maintenance,'' and would add a cross-reference to FSM 2353.16.
    FSM 7704, ``Responsibility,'' would establish delegations of 
authority for agency officials in travel management. Responsibilities 
for the Director of Recreation and Heritage Resources, Washington 
Office, would be added to reflect the integration in FSM 7700 of 
direction for motor vehicle use on NFS trails and in areas on NFS 
lands. Regional Foresters would have the responsibility to coordinate 
travel analysis and planning to promote consistency within States and 
between adjacent national forests. Forest Supervisors would be 
responsible for conducting travel analysis, making travel management 
decisions, monitoring motor vehicle use, and maintaining information 
about the forest transportation system.
    FSM 7705, ``Definitions,'' would remove definitions for 
``classified roads,'' ``forest roads,'' ``new road construction,'' 
``road improvement,'' ``road realignment,'' ``road reconstruction,'' 
``temporary roads,'' ``traffic service level,'' ``transportation 
facility jurisdiction,'' and ``unclassified roads''; would add 
definitions for ``administrative unit,'' ``all-terrain vehicle,'' 
``area,'' ``arterial road,'' ``collector road,'' ``designated road, 
trail, or area,'' ``engineering analysis,'' ``engineering judgment,'' 
``engineering report,'' ``forest road or trail,'' ``forest 
transportation atlas,'' ``forest transportation system,'' ``highway-
legal vehicle,'' ``jurisdiction over a forest transportation 
facility,'' ``local road,'' ``motor vehicle,'' ``motor vehicle use 
map,'' ``motorcycle,'' ``motorized mixed use,'' ``National Forest 
System trail,'' ``non-highway-legal vehicle,'' ``off-highway vehicle,'' 
``over-snow vehicle,'' ``private road,'' ``qualified engineer,'' ``road 
construction or reconstruction,'' ``route,'' ``temporary road or 
trail,'' ``terminal facility,'' ``trail,'' ``travel management atlas,'' 
and ``unauthorized road or trail''; and would revise definitions for 
``forest transportation facility,'' ``forest transportation system 
management,'' ``public road,'' ``road,'' ``road decommissioning,'' 
``road maintenance,'' and ``road subject to the Highway Safety Act.''
    FSM 7705, Exhibit 1, would be revised to reflect policy changes and 
changes in terminology and definitions.
    FSM 7709 would be updated to reflect changes in the titles of FSH 
7709.55 and 7709.59.

Proposed Revisions to FSM 7710, ``Travel Planning''

    This chapter would be renamed ``Travel Planning.'' Existing 
direction for planning associated with the forest transportation system 
would be revised to reflect the regulatory changes in 36 CFR part 212. 
Directives implementing the roads policy (36 CFR part 212, subpart A) 
would be largely retained, but would be updated to reflect the use of 
travel analysis both to identify the minimum road system needed for 
safe and efficient travel and for administration, utilization, and 
protection of NFS lands and to inform travel management decisions 
related to designation of roads, trails, and areas for motor vehicle 
use. FSM 7710 also would provide responsible officials the discretion 
to allow, restrict, or prohibit use of over-snow vehicles on NFS lands 
per 36 CFR part 212, subpart C.
    The travel planning chapter would be organized into 10 sections: 
FSM 7710 would establish authorities, objectives, policy, 
responsibilities, and definitions unique to this chapter. FSM 7711 
would establish policy for developing and maintaining forest 
transportation system records, including motor vehicle use maps. FSM 
7712 would establish policy for conducting travel analysis. FSM 7713 
and 7719 would be reserved for future direction. FSM 7714 would 
establish requirements for developing road and trail management 
objectives. FSM 7715 would establish policy for making travel 
management decisions. FSM 7716 would establish policy for designating 
routes and areas for motor vehicle use. FSM 7717 would set policy for 
monitoring motor vehicle use and revising designations. FSM 7718 would 
describe policy for use of over-snow vehicles.
    FSM 7710.1, ``Authority,'' and FSM 7710.2, ``Objectives,'' largely 
would reiterate the authorities and objectives established in FSM 7700, 
Zero Code.

[[Page 10636]]

    FSM 7710.3, ``Policy,'' would establish policy for determining the 
minimum road system needed for safe and efficient travel and for 
administration, utilization, and protection of NFS lands. FSM 7710.3 
would require appropriate travel analysis, environmental analysis, 
public involvement, and intergovernmental coordination to inform travel 
management decisions. The criteria in 36 CFR 212.55 would guide travel 
management decisions.
    FSM 7710.04, ``Responsibility,'' would assign the Deputy Chief for 
the National Forest System the responsibility for approving schedules 
for completing designation on each administrative unit or Ranger 
District. The Director of Engineering, Washington Office, would be 
responsible for maintaining and publishing national standards for motor 
vehicle use maps. Regional Foresters would develop regional schedules 
for designation and promote coordination within States and between 
units. Forest Supervisors would be responsible for coordination with 
Federal, State, county, and local public road authorities; developing 
and maintaining travel management atlases and motor vehicle use maps; 
issuing temporary emergency closures under 36 CFR 212.52(b)(2); 
approving travel management decisions that designate roads for 
motorized mixed use; conducting travel analysis; conducting appropriate 
environmental analysis and making travel management decisions; 
designating NFS roads, NFS trails, and areas on NFS lands for motor 
vehicle use; revising designations when necessary; regulating over-snow 
vehicle use on NFS lands when appropriate; and monitoring motor vehicle 
use. District Rangers would approve road and trail management 
objectives and other duties as delegated by the Forest Supervisor.
    FSM 7710.5, ``Definitions,'' would add definitions for ``primitive 
area'' and ``travel management decision'' and would remove the 
definition for ``network analysis.''
    FSM 7711, ``Forest Transportation System Records,'' would add 
policy for developing and maintaining a travel management atlas and 
making it available to the public. The travel management atlas consists 
of two parts: the motor vehicle use map and the forest transportation 
atlas. The forest transportation atlas consists of maps, inventories, 
and plans for forest transportation facilities and tabular and other 
data documenting the forest transportation system, including a road 
atlas. Travel management decisions would be documented in the travel 
management atlas. Proposed direction would allow storage of information 
on unauthorized and decommissioned routes, as well as routes in the 
forest transportation system.
    FSM 7711.3 would specify the contents of motor vehicle use maps. 
Motor vehicle use maps would be widely available to the public and 
would be reprinted annually regardless of whether there are any changes 
to designations.
    Per 36 CFR 212.5(b), FSM 7712, ``Travel Analysis,'' would require 
that the travel analysis in FSH 7709.55 incorporate a science-based 
roads analysis at the appropriate scale. Travel analysis would not be a 
decision-making process, but would be required to inform travel 
management decisions, including determining the minimum road system 
needed for safe and efficient travel and for administration, 
utilization, and protection of NFS lands. Travel analysis also could be 
used to inform decisions relating to management of over-snow vehicle 
use.
    FSM 7712.1, ``Scale and Scope of Travel Analysis,'' would revise 
direction on the application of roads analysis and remove the reference 
to FS-643. Units would still be required to complete a travel analysis 
addressing broad-scale concerns, but responsible officials would have 
more discretion to determine the scale and scope at which to conduct 
travel analysis. Travel analysis would result in a set of focused 
proposals for changes to the forest transportation system or to 
existing travel management direction. As under existing policy, travel 
analysis would be based on a complete and accurate inventory of the 
forest transportation system on an administrative unit or a Ranger 
District, but in contrast to existing policy, a complete inventory of 
user-created routes on a unit or district would no longer be required.
    FSM 7712.2, ``Travel Analysis and Land Management Planning,'' would 
reflect recent changes in regulations governing land management 
planning at 36 CFR part 219 and would establish that travel management 
decisions are made at the project level. While travel management 
decisions must be consistent with the applicable land management plan, 
they would not be made as part of the land management planning process.
    FSM 7712.3, ``Relationship of Travel Analysis to Travel Management 
Decisions,'' would establish direction on the use of travel analysis 
and the components of travel analysis when it is used to inform travel 
management decisions.
    FSM 7712.4, ``Travel Analysis for Administration of the Forest 
Transportation System,'' would revise direction for the use of roads 
analysis in determining the minimum road system needed for safe and 
efficient travel and for administration, utilization, and protection of 
NFS lands.
    FSM 7714, ``Road and Trail Management Objectives,'' would revise 
direction on establishment of road and trail management objectives and 
would add requirements for management objectives for each NFS road and 
NFS trail.
    FSM 7715, ``Travel Management Decisions,'' would establish 
objectives and direction for making travel management decisions that 
implement 36 CFR part 212.
    Per 36 CFR 212.50(b) and the preamble to the travel management rule 
(70 FR 68268), FSM 7715.1, ``Incorporating Previous Travel Management 
Decisions,'' would provide that past travel management decisions 
(including decisions to allow motor vehicle use on NFS roads, on NFS 
trails, and in areas on NFS lands and restrictions on motor vehicle 
use) represent the starting point for travel analysis and travel 
management decisions. As stated in 36 CFR 212.52(a), if an 
administrative unit or a Ranger District already has a set of travel 
management decisions consistent with the requirements in 36 CFR 212.51, 
the responsible official may, with public notice but no further 
analysis or decisionmaking, recognize that set of decisions as the 
designation of NFS roads, NFS trails, and areas on NFS lands for motor 
vehicle use on that unit or district.
    FSM 7715.2, ``Scale of Decisions,'' would recognize the responsible 
official's discretion to establish the appropriate scale at which to 
conduct environmental analysis for travel management decisions, as long 
as a motor vehicle use map is published for an entire administrative 
unit or Ranger District.
    FSM 7715.3, ``Public Involvement and Coordination with Governmental 
Entities,'' would reiterate the requirements in 36 CFR 212.52, would 
encourage responsible officials to use the public notice and comment 
procedures in the environmental analysis process to fulfill those 
requirements, and would encourage early public involvement in the 
travel planning process.
    FSM 7714.4, ``Environmental Documentation,'' would recognize that 
the required environmental documentation depends on the scale, scope, 
and nature of the proposed

[[Page 10637]]

changes to travel management decisions and the site-specific issues 
involved.
    FSM 7715.5, ``Criteria,'' would restate the regulatory requirement 
to consider both the general and specific criteria in 36 CFR 212.55 
when making travel management decisions.
    FSM 7715.6, ``Components of Travel Management Decisions,'' would 
establish direction for nine components of travel management decisions 
necessary to implement the travel management rule.
    FSM 7715.61, ``Restrictions,'' would recognize that when existing 
travel management direction provides for large tracts of NFS lands to 
be open to cross-country motor vehicle use, responsible officials must 
restrict motor vehicle use to designated roads, trails, and areas to 
meet the requirements of 36 CFR 212.51.
    FSM 7715.62, ``Roads and Trails,'' would direct responsible 
officials to consider jurisdiction over forest transportation 
facilities when designating NFS roads and NFS trails; to evaluate the 
consistency of proposed travel management decisions with applicable 
State traffic laws; and to coordinate travel management decisions with 
adjacent administrative units and Ranger Districts. Nothing in the 
travel management rule or these proposed directives in any way alters 
the Forest Service's jurisdiction to enforce traffic laws, to protect 
NFS lands underlying routes, or to regulate use, including use on valid 
rights-of-way.
    FSM 7715.63, ``Areas,'' would reference the direction on areas 
established in FSM 7703.14.
    FSM 7715.64, ``Big Game Retrieval and Dispersed Camping,'' would 
reiterate authority established in 36 CFR 212.51(b) on including in 
designation decisions the limited use of motor vehicles within a 
specified distance of certain designated routes, and if appropriate 
within specified time periods, solely for the purposes of dispersed 
camping or big game retrieval. This proposed direction includes a 
clarification of the circumstances under which this authority may be 
used. The regulation states ``within a specified distance of certain 
designated routes.'' The proposed directives would provide ``within a 
specified distance of certain forest roads and forest trails.'' State 
and county roads are not NFS roads and are not subject to designation 
under the rule. However, the intent of the regulation is to allow the 
responsible official to authorize limited use of motor vehicles for 
dispersed camping and game retrieval on NFS lands. It would make little 
sense for this authority to depend on the jurisdiction of the road or 
trail involved. FSM 7715.64 also would encourage responsible officials 
to consider alternatives prior to designating off-route motor vehicle 
use for dispersed camping or big game retrieval.
    FSM 7715.65, ``Valid Existing Rights and Private Roads,'' would 
reiterate direction from 36 CFR 212.55(d)(1) recognizing valid existing 
rights.
    FSM 7715.66, ``Wilderness Areas and Primitive Areas,'' would 
reiterate the regulatory prohibition in 36 CFR 212.55(e) against 
designation of roads, trails, and areas in wilderness areas and 
primitive areas.
    FSM 7715.67, ``Motorized Mixed Use of NFS Roads,'' would require 
certain travel management decisions involving motorized mixed use to be 
informed by engineering analysis. Documentation of engineering analysis 
would be addressed in FSH 7709.55, Chapter 30.
    FSM 7715.68, ``User-Created Routes,'' would establish that user-
created routes may be considered for inclusion in the forest 
transportation system. FSM 7715.68 would provide that once designation 
is complete on an administrative unit or a Ranger District, any user-
created routes not added to the forest transportation system would be 
unauthorized and should be decommissioned.
    FSM 7715.69, ``Accessibility,'' would reiterate that under the 
definitions in 36 CFR 212.1 and 261.2, wheelchairs are not motor 
vehicles, are not subject to designations under 36 CFR 212.51, and are 
not subject to the prohibition on motor vehicle use in 36 CFR 261.13. 
Wheelchairs may be used wherever pedestrian use is allowed. Pursuant to 
section 504 of the Rehabilitation Act of 1973 and its implementing 
regulations at 7 CFR 15e.103, FSM 7715.69 also would recognize that 
there is no legal requirement to allow people with disabilities to use 
OHVs or other motor vehicles on NFS roads, NFS trails, and areas on NFS 
lands that are not designated for motor vehicle use.
    FSM 7716, ``Designations,'' would describe the content of motor 
vehicle designations.
    FSM 7716.03, ``Policy,'' would recognize that designations for 
motor vehicle use do not establish that use as dominant or exclusive of 
other uses and that designations are not decisions, but rather reflect 
travel management decisions supported by appropriate environmental 
analysis and public involvement.
    FSM 7716.1, ``Content of Designations,'' would establish that 
designation of an NFS road or NFS trail includes the use of all 
terminal facilities, trailheads, parking lots, and turnouts associated 
with that road or trail, as well as parking within one vehicle length 
from the edge of the road surface when safe to do so. FSM 7716.1 also 
would establish five standard vehicle classes that may be used in 
designations and would recognize that designations by time of year must 
be written in terms of the time of year the route is open. When 
designations include the limited use of motor vehicles within a 
specified distance of designated routes solely for dispersed camping or 
big game retrieval, the vehicle class and time of year specified would 
not need to be the same as those specified for the route.
    FSM 7716.2, ``Exemptions,'' would restate the exemptions from 
designations enumerated in 36 CFR 212.51(a) and would explain some of 
them.
    FSM 7716.21, ``Existing Authorizations,'' would require responsible 
officials to review written authorizations prior to publishing a motor 
vehicle use map to ensure that they specifically provide for motor 
vehicle use to the extent necessary for the authorized use.
    FSM 7716.22, ``Use of Public Roads,'' would recognize that State, 
county, and local public road authorities regulate use of roads for 
which they have a legally documented right-of-way. State, county, and 
local public roads are not subject to designations under the travel 
management rule or the corresponding prohibition on motor vehicle use.
    FSM 7716.3, ``Areas,'' would establish policy for designation of 
areas. Like designations of roads and trails, area designations would 
include vehicle class and, if appropriate, time of year. FSM 7716.3 
would require area boundaries to be displayed on the corresponding 
motor vehicle use map and to be easily located on the ground.
    FSM 7716.4, ``Identification of Designated Roads, Trails and 
Areas,'' would require administrative units and Ranger Districts to 
produce motor vehicle use maps meeting national standards. Only the 
motor vehicle use map is required to implement and enforce 
designations. However, as soon as practicable, units should post route 
identification signs on routes designated for motor vehicle use. Route 
identification markers must correspond to route identifiers shown on 
the corresponding motor vehicle use map. Signing would have to comply 
with EM 7100-15.
    FSM 7716.5, ``Travel Management Orders,'' would be organized in 
three parts. FSM 7716.51, ``Temporary Emergency Closures,'' would 
reiterate the requirement for temporary emergency closures from 36 CFR

[[Page 10638]]

212.52(b)(2) and E.O. 11644 when the responsible official determines 
that motor vehicle use is directly causing or will directly cause 
considerable adverse effects on public safety, soil, vegetation, 
wildlife habitat, or cultural resources. These closures would remain in 
effect until the responsible official determines that the adverse 
effects have been mitigated or eliminated and measures have been 
implemented to prevent future recurrence. FSM 7716.52, ``Existing 
Orders,'' would direct responsible officials to review existing orders 
and update or rescind them if they duplicate or conflict with 
designations. FSM 7716.53, ``New Orders,'' would direct responsible 
officials to avoid issuing orders that duplicate or conflict with the 
prohibition on motor vehicle use in 36 CFR 261.13. However, orders will 
still be needed to close routes designated for motor vehicle use on a 
temporary, emergency basis, such as during natural disasters or to 
protect public safety.
    FSM 7716.54, ``Enforcement,'' would reiterate that the motor 
vehicle use map is the primary tool for enforcing the prohibition at 36 
CFR 261.13 and would provide further direction on measuring motor 
vehicle length, width, and distances established in designations for 
dispersed camping and big game retrieval.
    FSM 7717, ``Monitoring and Revision of Designations,'' would be 
organized into two sections. FSM 7717.1, ``Monitoring of Motor Vehicle 
Use,'' would reiterate the requirement in 36 CFR 212.57 for responsible 
officials to monitor the effects of motor vehicle use. FSM 7717.2, 
``Revision of Designations,'' would reiterate that designations may be 
revised as needed to meet changing conditions (36 CFR 212.54) and would 
provide that any change in the status of a designated route that will 
last more than 1 year should be reflected on the corresponding motor 
vehicle use map.
    FSM 7718, ``Over-Snow Vehicle Use,'' would reiterate that 
responsible officials may allow, restrict, or prohibit over-snow 
vehicle use under 36 CFR 212.81. FSM 7718 would provide that 
restrictions or prohibitions on over-snow vehicle use may be 
implemented through orders issued under 36 CFR part 261, subpart B, or 
under 36 CFR 212.81 and 261.14. If 36 CFR part 212, subpart C, is used 
to restrict or prohibit over-snow vehicle use, the requirements 
governing designations in 36 CFR 212.52 through 212.57 would apply and 
the responsible official would have to publish an over-snow vehicle use 
map, separate from the motor vehicle use map, displaying any 
restrictions or prohibitions on over-snow vehicle use.

Proposed Revisions to FSH 7709.55, the Travel Planning Handbook

    The Forest Service proposes to rename FSH 7709.55, the 
``Transportation Planning Handbook,'' as ``the Travel Planning 
Handbook.'' Chapter 10 would be titled ``Travel Planning Process,'' 
Chapter 20 would be titled ``Travel Analysis,'' and Chapter 30 would be 
titled ``Engineering Analysis.''
    Chapter 10, ``Travel Planning Process,'' would establish a six-step 
process for designation of roads, trails, and areas for motor vehicle 
use. The six steps of the route and area designation process would be:
    1. Compile existing travel management direction.
    2. Assemble resource and social data.
    3. Use travel analysis to identify proposals for change.
    4. Conduct necessary environmental analysis and decision making.
    5. Identify designated routes and areas on a motor vehicle use map.
    6. Implement, monitor, and revise.
    In step one, the responsible official would compile existing travel 
management direction to serve as the starting point for travel 
planning. In step two, the responsible official would gather the 
information needed to analyze the forest transportation system and 
would engage the public and other relevant governmental entities to 
identify local resource and social issues, recreational opportunities, 
and the need for change in existing travel management direction. In 
step three, the responsible official would conduct travel analysis, 
which could result in specific proposals for changes to the forest 
transportation system (additions or deletions to the system of NFS 
roads and NFS trails on the administrative unit or Ranger District) and 
changes in travel management direction (changes to motor vehicle use or 
restrictions on motor vehicle use on the unit or District). In step 
four, the responsible official would conduct and document appropriate 
environmental analysis, including consideration of alternatives, and 
would make travel management decisions. In step five, the responsible 
official would identify designated routes and areas on a motor vehicle 
use map. In step six, the responsible official would monitor motor 
vehicle use on the unit or district and revise travel management 
decisions as necessary.
    Chapter 20, ``Travel Analysis,'' would incorporate into Forest 
Service directives the six-step process for travel analysis (which is 
the third step in the six-step process for designating routes and 
areas) and other key provisions of FS-643, Roads Analysis:

Informing Decisions About Managing the National Forest Transportation 
System (August 1999).

    The six steps of travel analysis are:
    1. Setting up the analysis.
    2. Describing the situation.
    3. Identifying issues.
    4. Assessing benefits, problems, and risks.
    5. Describing opportunities and setting priorities.
    6. Reporting.
    In step one, the responsible official would establish the scale, 
scope, and depth of travel analysis and would identify who will conduct 
it. In step two, the responsible official would describe current 
environmental and social conditions. In step three, the responsible 
official would identify issues relevant to travel management decisions. 
In step four, the responsible official would analyze the benefits, 
problems, and risks associated with the forest transportation system. 
In step five, the responsible official would use the analysis conducted 
in step four to identify recommendations for change and proposed 
actions for purposes of environmental analysis. In step six, the 
responsible official would document the results of travel analysis.
    Chapter 30, ``Engineering Analysis,'' would incorporate into Forest 
Service directives the process for exercising and documenting 
engineering judgment contained in EM-7700-30, ``Guidelines for 
Engineering Analysis of Motorized Mixed Use on National Forest System 
Roads.'' Chapter 30 would require that travel management decisions 
involving motorized mixed use be informed by engineering analysis 
conducted by a qualified engineer. The analysis would involve a 
technical evaluation of road conditions and traffic and an analysis of 
potential mitigation measures regarding motorized mixed use. Depending 
on the complexity of the situation, the analysis would range from 
documenting engineering judgment to a comprehensive engineering report 
that would address many factors related to motorized mixed use, 
including mitigation. The analysis would be presented to the 
responsible official for a decision.

Regulatory Certifications

Environmental Impact

    The proposed directives would provide policy and procedural 
guidance to agency officials implementing the travel management rule. 
Travel management decisions implementing

[[Page 10639]]

these proposed directives would include appropriate site-specific 
environmental analysis and public involvement. The proposed directives 
would have no effect on the ground until designations of roads, trails, 
and areas are completed at the field level, with opportunity for public 
involvement. 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 these proposed directives fall 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

    The proposed directives have been reviewed under USDA procedures 
and E.O. 12866 on regulatory planning and review. The Office of 
Management and Budget (OMB) has determined that these proposed 
directives are not significant for purposes of E.O. 12866. These 
proposed directives would not have an annual effect of $100 million or 
more on the economy, nor would they adversely affect productivity, 
competition, jobs, the environment, public health and safety, or State 
and local governments. These proposed directives would not interfere 
with any action taken or planned by another agency, nor would they 
raise new legal or policy issues. Finally, these proposed directives 
would not alter the budgetary impact of entitlements, grants, user 
fees, or loan programs or the rights and obligations of beneficiaries 
of such programs. Accordingly, these proposed directives are not 
subject to OMB review under E.O. 12866.

Regulatory Flexibility Act Analysis

    These proposed directives have been considered in light of the 
Regulatory Flexibility Act (5 U.S.C. 602 et seq. The proposed 
directives would not have any effect on small entities as defined by 
the Regulatory Flexibility Act. The proposed directives would require 
identification at the field level, with public input, of a designated 
system of roads, trails, and areas for motor vehicle use. The proposed 
directives would not directly affect small businesses, small 
organizations, and small governmental entities. The agency has 
determined that these proposed directives would not have a significant 
economic impact on a substantial number of small entities pursuant to 
the Regulatory Flexibility Act because the directives would not impose 
recordkeeping requirements on them; would not affect their competitive 
position in relation to large entities; and would not affect their cash 
flow, liquidity, or ability to remain in the market.

No Takings Implications

    These proposed directives have been analyzed in accordance with the 
principles and criteria contained in E.O. 12630. It has been determined 
that these directives would not pose the risk of a taking of private 
property.

Federalism and Consultation and Coordination With Indian Tribal 
Governments

    The agency has considered these proposed directives under the 
requirements of E.O. 13132 on federalism, and has determined that the 
proposed directives conform with the federalism principles set out in 
this E.O.; would not impose any compliance costs on the States; and 
would not have substantial direct effects on the States, the 
relationship between the Federal government and the States, or the 
distribution of power and responsibilities among the various levels of 
government. Therefore, the agency has determined that no further 
assessment of federalism implications is necessary.
    Moreover, these proposed directives would not have Tribal 
implications as defined by E.O. 13175, Consultation and Coordination 
With Indian Tribal Governments, and therefore advance consultation with 
Tribes is not required.

Energy Effects

    These proposed directives have been reviewed under E.O. 13211 of 
May 18, 2001, Actions Concerning Regulations That Significantly Affect 
the Energy Supply. It has been determined that these proposed 
directives would not constitute a significant energy action as defined 
in the E.O.

Unfunded Mandates

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1531-1538), which the President signed into law on March 22, 
1995, the agency has assessed the effects of these proposed directives 
on State, local, and Tribal governments and the private sector. These 
proposed directives would not compel the expenditure of $100 million or 
more by any State, local, or Tribal government or anyone in the private 
sector. Therefore, a statement under section 202 of the act is not 
required.

Controlling Paperwork Burdens on the Public

    These proposed directives do not contain any recordkeeping or 
reporting requirements or other information collection requirements as 
defined in 5 CFR part 1320 that are not already required by law or not 
already approved for use. Accordingly, the review provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its 
implementing regulations at 5 CFR part 1320 do not apply.
    Therefore, for the reasons set out in this notice, the Forest 
Service proposes to amend FSM 2350, 7700, and 7710 and FSH 7709.55. The 
proposed directives are available for review on the Forest Service Web 
site at http://www.fs.fed.us/recreation/programs/ohv.

    Dated: February 15, 2007.
Abigail R. Kimball,
Chief, Forest Service.
 [FR Doc. E7-4261 Filed 3-8-07; 8:45 am]
BILLING CODE 3410-11-P