[Federal Register Volume 72, Number 202 (Friday, October 19, 2007)]
[Notices]
[Pages 59246-59251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20659]


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DEPARTMENT OF AGRICULTURE

Forest Service

RIN 0596-AC50


Proposed Directives for Forest Service Outfitting and Guiding 
Special Use Permits and Insurance Requirements for Forest Service 
Special Use Permits

AGENCY: Forest Service, USDA.

ACTION: Notice of proposed directives; request for public comment.

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SUMMARY: The Forest Service is proposing changes to directives 
governing special use permits for outfitting and guiding conducted on 
National Forest System lands by simplifying the application and 
administration process; establishing a flat land use fee for temporary 
use permits; developing a process for allocation of use on a first-
come, first-served basis for temporary use permits to facilitate 
greater participation in outfitting and guiding by youth, educational, 
and religious groups; offering the same terms and conditions to 
educational and institutional permit holders as to other types of 
permit holders; and clarifying policy for priority use permits 
governing performance, inspections, and allocation of use. In addition, 
the Forest Service is proposing changes to a directive governing 
insurance requirements for Forest Service special use permits. Public 
comment is invited and will be considered in development of the final 
directives.

DATES: Comments must be received in writing by January 17, 2008.

ADDRESSES: Send comments electronically by following the instructions 
at the Federal eRulemaking portal at http://www.regulation.gov. 
Comments also may be submitted by mail to U.S. Forest Service, Attn: 
Carolyn Holbrook, Recreation and Heritage Resources Staff (2720), 1400 
Independence Avenue, SW., Stop 1125, Washington, DC 20250-1125. If 
comments are sent electronically, the public is requested not to send 
duplicate comments by mail. Please confine comments to issues pertinent 
to the proposed directives, explain the reasons for any recommended 
changes, and, where possible, reference the specific section and 
wording being addressed.
    All comments, including names and addresses when provided, will be 
placed in the record and will be available for public inspection and 
copying. The public may inspect comments received on these proposed 
directives 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 8:30 a.m. and 4 p.m. Those wishing to inspect comments are 
encouraged to call ahead at (202) 205-1426 to facilitate entry into the 
building.

FOR FURTHER INFORMATION CONTACT: Carolyn Holbrook, (202) 205-1426, 
Recreation and Heritage Resources Staff.

SUPPLEMENTARY INFORMATION:

1. Background and Need for the Proposed Directives

    Outfitting and guiding conducted on National Forest System lands 
have become one of the chief means for the recreating public to 
experience the outdoors. The Forest Service administers approximately 
5,000 outfitting and guiding permits, authorizing activities ranging 
from guided hunting and fishing trips to jeep tours and outdoor 
leadership programs. The agency anticipates that outfitting and guiding 
will increase in importance as the public's desire for use of Federal 
lands increases and as the agency encourages use by increasingly 
diverse and urban populations, many of whom may lack the equipment and 
skills necessary in the outdoors. Therefore, agency policy needs to 
reflect the public's demand for services while incorporating standard 
business practices and sustaining the natural environment in which 
these activities occur.
    Except for the revision to term length for priority use permits (70 
FR 19727),

[[Page 59247]]

outfitting and guiding directives have remained relatively unchanged 
since they were finalized in 1995. Since that time, proposed 
legislation and field implementation of current policy have shown the 
need for updating the directives. Any proposed changes that are adopted 
would be incorporated as appropriate in the standard special use permit 
for outfitting and guiding, form FS-2700-4i, or other applicable forms.
    In addition, the Forest Service is proposing to update direction on 
the minimum amounts of insurance coverage required for special use 
permits, including outfitting and guiding permits. While this direction 
applies to special uses generally, it is particularly important for 
outfitting and guiding, which can entail significant risk and severity 
of injury.

2. Section-by-Section Analysis of Proposed Changes to Outfitting and 
Guiding Directives

In General

    Chapter 40, section 41.53, of Forest Service Handbook (FSH) 2709.11 
would be reformatted and renumbered in its entirety. The number of 
sections would be expanded from 12 to 15 (41.53a through 41.53o).

Policy

    Proposed section 41.53c, paragraph 5, would be revised to provide 
that outfitting and guiding authorized under a term permit be addressed 
in a supplement to the term permit rather than in the operating plan. A 
Forest Service form would be created for this purpose that would 
incorporate clauses from the standard outfitting and guiding permit, 
form FS-2700-4i. Additionally, paragraph 6 would be added to clarify 
who can hold an outfitting and guiding permit.

New Definitions

    In proposed section 41.53d, definitions for the following terms 
would be added in alphabetical order to the list of definitions 
currently in section 41.53c:
    Allocation of Use. An amount of use allocated to a holder that is 
measured in service days or quotas and that is enumerated in a 
programmatic or project decision that is consistent with the applicable 
land management plan. This definition, excerpted from ID 2709.11-2005-
1, would be added to clarify how use will be measured.
    Assigned Site. A site, such as a base or drop camp, picnic area, 
boat launch, or helispot, that is authorized for use and occupancy by a 
holder and for which a fee is paid by that holder. This definition, 
from FSH 2709.11, section 37.05, with minor revisions, would be added 
to facilitate permit administration.
    Commercial Use or Activity. Any use or activity on National Forest 
System lands (a) where an entry or participation fee is charged or (b) 
where the primary purpose is the sale of a good or service and, in 
either case, regardless of whether the use or activity is intended to 
produce a profit (36 CFR 251.51). This definition, excerpted from 36 
CFR 251.51, would be added to clarify that the for-profit or not-for-
profit status of entities does not determine whether they are 
conducting a commercial use.
    Controlling Interest. In the case of a corporation, an interest, 
beneficial or otherwise, of sufficient outstanding voting securities or 
capital of the business so as to permit the exercise of managerial 
authority over the actions and operations of the corporation or 
election of a majority of the board of directors of the corporation. In 
the case of a partnership, limited partnership, joint venture, or 
individual entrepreneurship, a beneficial ownership of or interest in 
the entity or its capital so as to permit the exercise of managerial 
authority over the actions and operations of the entity. In other 
circumstances, any arrangement under which a third party has the 
ability to exercise management authority over the actions or operations 
of the business. This definition, excerpted from 36 CFR 251.120, would 
be added for consistency with that rule and to clarify what constitutes 
a controlling interest for different types of business entities.
    Livestock Use. Use of pack and saddle stock authorized in 
connection with an outfitting and guiding permit, expressed in animal 
months and by type of animal. A cross-reference for this definition in 
FSM 2234.11 would be added to be consistent with terminology in Forest 
Service grazing policy.
    Needs Assessment. An assessment of public or agency need for 
authorized outfitting or guiding activities. This definition would be 
added to clarify an important step in deciding what types of public 
services are needed on National Forest System lands.
    Quota. An allotment of use measured as the number of stock per 
trip, people at one time, trips per hour or per day, the number of 
launches per day, or other unit of measure other than a service day 
that is consistent with the applicable land management plan guidance 
and established in a programmatic or project decision. This definition, 
adopted from ID 2709.11-2005-1, would be added to clarify that use may 
be allocated in a unit of measure other than a service day when 
consistent with the applicable land management plan guidance or 
approved in a programmatic or project decision. In contrast to service 
days, which allocate use annually, quotas set limits on the number of 
people or livestock that may be present at one time.
    Resource Capacity. Amount of overall use an area can sustain 
without detrimental social or physical resource impacts. This 
definition would be added to clarify an important step in deciding 
where and how much use is appropriate in an area under analysis.
    Service Day. An allocation of use derived from a day or any part of 
a day on National Forest System lands for which an outfitter or guide 
provides services to a client, multiplied by the number of clients on 
the trip. This definition, found in chapter 30 of FSH 2709.11 on fee 
determination and ID 2709.11-2007-1, would be added to chapter 40 to 
facilitate permit administration. In addition, this definition would be 
revised to conform to the agency's concept of a service day for 
purposes of allocation of outfitting and guiding use, which is based on 
the number of days or parts of days services are provided on National 
Forest System lands, as well as the number of clients on a trip.

Revised Definitions

    The following definitions would be revised to read as follows:
    Guiding. Providing services or assistance (such as supervision, 
protection, education, training, packing, touring, subsistence, 
transporting people, or interpretation) for pecuniary remuneration or 
other gain to individuals or groups on National Forest System lands. 
The term ``guide'' includes the holder's employees and agents. This 
definition would be modified to make it consistent with revisions made 
to the definition during rulemaking (69 FR 41946, July 13, 2004).
    Holder. An individual or entity that holds a special use permit 
authorizing outfitting or guiding activities on National Forest System 
lands. This definition would be revised to apply to entities that have 
received a permit rather than to applicants.
    Outfitting. Renting on or delivering to National Forest System 
lands for pecuniary remuneration or other gain any saddle or pack 
animal, vehicle, boat, camping gear, or similar supplies or equipment. 
The term ``outfitter'' includes the holder's employees and agents. This 
definition would be revised to make it consistent with revisions made 
to the definition during

[[Page 59248]]

rulemaking (69 FR 41946, July 13, 2004).
    Priority Use. Authorization of use for up to 10 years, based on the 
holder's past use and performance and applicable programmatic or 
project decision to allocate use. Except as provided in 36 CFR part 
251, subpart E, authorizations providing for priority use are subject 
to renewal (FSH 2709.11, sec. 41.53k). This definition would be revised 
for better syntax.
    Renewal. The issuance of a new priority use permit for the same use 
to the same holder upon expiration of the holder's current priority use 
permit. This definition would be revised to clarify that renewal 
applies only to priority use permits and not to temporary use permits.
    Temporary Use. Authorization of a minor, non-recurring outfitting 
or guiding activity for one season or less. This definition would be 
revised for consistency with the concept of temporary use in proposed 
section 41.53j.

Removed Definition

    The definition for incidental use would be removed and replaced 
with the proposed definition of temporary use.

Land Use Management

    Proposed section 41.53e would be new direction that would address 
needs assessments, resource capacity analysis, and allocation of use 
for outfitting and guiding consistent with agency policy for land use 
management generally and land management planning. These subjects are 
not addressed in the current directive.

Applicable Authority

    Proposed section 41.53g, paragraph 1, would cite the Federal Lands 
Recreation Enhancement Act (REA), rather than Section 4 of the Land and 
Water Conservation Fund Act (LWCFA), as the authority for outfitting 
and guiding permits. REA supplanted the authority in the LWCFA for 
issuing special recreation use permits. Proposed section 41.53g, 
paragraph 1, also would cite the Term Permit Act of 1915 to acknowledge 
that in some circumstances outfitting and guiding may be authorized 
under that authority.

Operations

    With the increase in demand for limited outfitting and guiding 
opportunities, entrepreneurs are sometimes proposing unacceptable 
business practices. For example, some permit holders are proposing to 
serve as brokers for outfitters and guides, whereby the holders would 
contract with outfitters and guides for all aspects of the authorized 
services. This practice does not meet the intent of the special uses 
regulations at 36 CFR part 251, subpart B, which require the holder to 
be technically qualified to provide authorized services and contemplate 
that the holder control day-to-day operations, maintain all required 
insurance coverage, and serve as the principal owner of the business 
assets. Current policy does not address these requirements effectively. 
Accordingly, proposed section 41.53i, paragraph 5, would require the 
holder or the holder's employees to conduct the day-to-day activities 
authorized by the permit, subject to specific exceptions enumerated in 
paragraphs 5a through 5c. These exceptions would allow the holder to 
contract for services and equipment, subject to certain conditions.
    To ensure that services and equipment contracted by the holder are 
covered by the holder's insurance policy, proposed section 41.53i, 
paragraph 5, also would require the holder's insurance policy to 
include an endorsement covering contracted equipment and services. The 
endorsement would be included in insurance directives at FSM 2713.1, 
paragraph f, exhibit 01. Proposed section 41.53i, paragraph 5, would 
give holders the flexibility to contract for needed services and 
equipment, while protecting the public, holders, and the United States.
    Specifically, proposed section 41.53i, paragraph 5a, would allow 
certain specified ancillary services to be provided by a party other 
than the holder or the holder's employees, (other than unanticipated, 
intermittent ancillary services authorized by proposed section 41.53i, 
paragraph 5c), but only with prior written approval from the authorized 
officer, provided that certain conditions are met. These specified 
ancillary services would include provision of special equipment or 
livestock; food and shuttle services; and for a limited number of 
trips, a specialized guide for people with disabilities or for highly 
technical trips.
    Proposed section 41.53i, paragraph 5b, would allow a holder 
authorized to provide solely outfitting services to contract with a 
guide, but only with the prior written approval of the authorized 
officer, based upon a finding that the following conditions are met:
    (1) The services of the contracted guide are covered under the 
contracting holder's operating plan.
    (2) The contracted guide has all required state licenses.
    (3) The contract for guiding services states that the contracting 
holder remains responsible for compliance with the terms of the permit 
in connection with provision of guiding services.
    (4) The contracting holder will exercise management authority over 
all the day-to-day field operations of the business, including guiding 
services covered by the contract.
    When on a particular day a holder lacks sufficient equipment or 
guides to accommodate the holder's customers, proposed section 41.53i, 
paragraph 5c, would allow the holder, without prior written approval 
from the authorized officer, to contract for additional equipment or 
guides from another Forest Service outfitting and guiding permit 
holder. The contracted equipment and services would be covered under 
the permit and operating plan of the contracting holder.

Special Uses Streamlining

    Section 41.53j, paragraph 12, of this proposed directive would 
decrease administrative costs of temporary use permits for both the 
Forest Service and permit holders by eliminating the need for annual 
performance evaluations for these permits. This approach is consistent 
with the rationale for the Department's special uses streamlining 
regulations, promulgated at 36 CFR part 251, subpart B (63 FR 65949, 
November 30, 1998), to maximize efficiencies in the special uses 
program.
    Under proposed section 41.53j, temporary use permits would be 
issued for minor, non-recurring outfitting and guiding activities for 
one season or less and would not be subject to renewal, consistent with 
current policy. Examples of temporary use include a day trip conducted 
by an educational institution.
    As competition for limited outfitting and guiding opportunities has 
increased, the agency has become aware of the need to enhance 
availability of temporary use. To address this need, proposed section 
41.53j, paragraphs 5, 6, and 7, would provide for allocation of 
temporary use service days or quotas from a common pool on a first-
come, first-served basis throughout the calendar year. Upon termination 
of a temporary use permit, all service days or quotas allocated to the 
holder of that permit would be returned to the common pool for 
redistribution during the next calendar year. Additionally, priority 
use service days or quotas that have not been used within the first 
five years of a priority use permit or upon renewal of a priority use 
permit may be reallocated to the common pool for

[[Page 59249]]

temporary use permits. This revision would increase the availability of 
use days for non-recurring outfitting and guiding.

Supporting Small Businesses

    Proposed section 41.53k, paragraphs 2 and 3, would streamline 
administration of priority use by establishing a probationary 2-year 
permit term that could be extended based upon satisfactory performance. 
This proposed revision would replace the current, more cumbersome 
system of conversion from temporary to priority use. This proposed 
revision also would benefit applicants by allowing longer-term business 
planning than temporary permits that do not exceed one year and that 
have no assurance of renewal the following year.
    Under current policy, allocation of use for a priority use permit 
holder can be reduced if the holder uses less than 70 percent of the 
assigned use in each of three consecutive years. Adverse impacts on 
tourism from the events of September 11, 2001, and increasing numbers 
of large fires on National Forest System lands have demonstrated the 
need for modification of policy on adjusting allocation of use for 
priority use permit holders who do not use all their allotted service 
days. Current policy may penalize holders for actions outside their 
control and does not allow them to regain their original allocation.
    Proposed section 41.53l would provide for review of actual use 
after five years and adjustment of the allocation of use to match the 
highest amount of actual use in one calendar year during that period. 
In addition, ten percent of this amount would be added to the 
allocation to account for market fluctuations, availability of state 
hunting licenses, and natural phenomena (such as forest fires or 
floods) that may have adversely affected the holder's ability to 
utilize the authorized use fully, provided that the combination of the 
highest amount of actual use in one calendar year and the additional 
ten percent of use could not exceed the original amount of allocated 
use. This proposed change would more accurately reflect the time 
necessary to adjust to evolving market trends, would give the holder a 
buffer to manage cancellation of reservations, and would bring 
predictability to elements affecting business planning decisions. 
Additionally, this adjustment would release unused priority use days to 
other holders.

10-Year Term for Educational and Institutional Groups

    By removing section 41.53l on institutional and semi-public 
outfitting and guiding in the current directive, this proposed 
directive would apply the Forest Service's policy on priority use 
permits, including the maximum permit term of ten years, to 
institutional and semi-public groups, such as youth, educational, and 
religious groups. Currently, institutional and semi-public groups may 
hold only a temporary use permit of one year or less. Many of the 
largest holders in terms of client use and revenue are institutional 
groups. This change would facilitate greater business continuity and 
provide consistency and equity with other types of outfitting and 
guiding.
    Consistent with removing direction in current section 41.53l on 
institutional and semi-public outfitting and guiding and proposed 
changes to streamline administration of temporary use, the Forest 
Service is proposing to change the title of FSH 2709.11, section 
37.21b, from ``Fee for Temporary Use Permits for Incidental Use,'' to 
``Flat Fee for Temporary Use Permits,'' and revise the text to 
establish a flat fee for temporary use permits when adjusted gross 
revenue for use authorized by those permits is less than $10,000 for 50 
or fewer service days or less than $20,000 for 51 to 100 service days.

Permit Administration

    Proposed section 41.53n would address the grounds for revocation 
and suspension of an outfitting and guiding permit. This proposed 
section also would address applicable procedures for revocation and 
suspension, including immediate suspension, in accordance with 
applicable regulations.
    Paragraphs 3 and 4 of proposed section 41.53o, governing 
administration of priority use permits, would clarify requirements for 
performance standards developed by the Forest Service and would require 
development of a scoring system or other means for correlating the 
standards to performance ratings.
    Paragraph 5 of proposed section 41.53o would clarify the 
consequences (e.g., letter of probation, suspension, or revocation) of 
adverse performance ratings.
    Paragraph 6 of proposed section 41.53o would clarify notice 
requirements for suspension or revocation of a priority use permit, the 
requirement for a reasonable opportunity to take corrective action 
prescribed by the authorized officer, and the availability of appeal of 
adverse annual performance ratings and a decision to take adverse 
action based on those ratings.
    Paragraphs 7 and 8 would clarify that the findings from inspections 
which are used as a basis for performance ratings are not subject to 
administrative appeal.

3. Analysis of Proposed Changes to the Insurance Directive

    The Forest Service has determined that direction on insurance 
required for special use permits is obsolete. Specifically, minimum 
amounts of liability insurance coverage for special use permits 
enumerated in Forest Service Manual (FSM) 2713.1 are too low. In 
addition, current FSM 2713.1 does not provide guidance on 
distinguishing among different levels of risk in determining the 
minimum amount of liability insurance coverage.
    Proposed FSM 2713.1 would establish minimum amounts of liability 
insurance coverage that are consistent with industry practice and 
potential liability. Specifically, proposed FSM 2713.1 would increase 
the current minimum insurance amount of $100,000 for injury or death to 
one person to a range of $300,000 to $1,000,000, and would increase the 
current minimum insurance amount of $200,000 for injury or death to 
more than one person to a range of $500,000 to $2,000,000. Proposed FSM 
2713.1 also would provide guidance on distinguishing among different 
levels of risk, both in terms of the severity and likelihood of injury, 
in selecting the minimum amount of insurance coverage within each 
range. Additionally, the reference to and exhibit for the sample 
certificate of insurance would be replaced with a reference to 
certificates of insurance on industry standard form ACCORD 25-S.
    The agency is proposing to reformat FSM 2713.1 and to make minor 
technical changes to the section. These changes include a new paragraph 
referencing separate, regionally established minimum amounts of 
liability insurance coverage for commercial users of National Forest 
System roads that are subject to an investment sharing agreement or 
reciprocal easement.

4. Regulatory Requirements

Environmental Impact

    These proposed directives would revise national policy governing 
administration of special use permits for outfitting and guiding. 
Section 31b of Forest Service Handbook 1909.15 (57 FR 43180, September 
18, 1992) excludes from documentation in an environmental assessment or

[[Page 59250]]

environmental impact statement ``rules, regulations, or policies to 
establish Servicewide administrative procedures, program processes, or 
instructions.'' The agency has concluded that these proposed directives 
fall within this category of actions and that no extraordinary 
circumstances exist which would require preparation of an environmental 
assessment or environmental impact statement.

Regulatory Impact

    These proposed directives have been reviewed under USDA procedures 
and Executive Order (E.O.) 12866 as revised by E.O. 13422, on 
regulatory planning and review. The Office of Management and Budget has 
determined that these are not significant directives. These proposed 
directives would not have an annual effect of $100 million or more on 
the economy, nor would they adversely affect productivity, competition, 
jobs, the environment, public health and safety, or State or local 
governments. These proposed directives would not interfere with an 
action taken or planned by another agency, nor would they raise new 
legal or policy issues. Finally, these proposed directives would not 
alter the budgetary impact of entitlement, grant, user fee, or loan 
programs or the rights and obligations of beneficiaries of such 
programs. Accordingly, these proposed directives are not subject to 
Office of Management and Budget review under Executive Order 12866.
    Moreover, these proposed directives have been considered in light 
of the Regulatory Flexibility Act (5 U.S.C. 602 et seq.). It has been 
determined that these proposed directives would not have a significant 
economic impact on a substantial number of small entities as defined by 
the act because the proposed directives would not impose record-keeping 
requirements on them; the proposed directives would not affect their 
competitive position in relation to large entities; and the proposed 
directives would not significantly affect their cash flow, liquidity, 
or ability to remain in the market.
    To the contrary, the efficiencies and consistency to be achieved by 
the proposed outfitting and guiding directive should benefit small 
businesses that seek to use and occupy National Forest System lands by 
providing the potential for greater business continuity for outfitters 
and guides and by reducing the frequency of time-consuming and 
sometimes costly processing of special use applications. The benefits 
cannot be quantified and are not likely to substantially alter costs to 
small businesses. Increasing the minimum amounts of liability insurance 
coverage would not adversely affect small businesses because most 
outfitters and guides voluntarily carry, and most Forest Service 
regions already require, minimum coverage consistent with the proposed 
minimums, in accordance with industry practice.

No Takings Implications

    These proposed directives have been analyzed in accordance with the 
principles and criteria contained in Executive Order 12630, and it has 
been determined that the proposed directives would not pose the risk of 
a taking of private property.

Civil Justice Reform

    These proposed directives have been reviewed under Executive Order 
12988 on civil justice reform. If the proposed directives were adopted, 
(1) All State and local laws and regulations that are in conflict with 
the proposed directives or that would impede their full implementation 
would be preempted; (2) no retroactive effect would be given to the 
proposed directives; and (3) they would not require administrative 
proceedings before parties may file suit in court challenging their 
provisions.

Federalism and Consultation and Coordination With Indian Tribal 
Governments

    The agency has considered these proposed directives under the 
requirements of Executive Order 13132 on federalism and has concluded 
that the proposed directives conform with the federalism principles set 
out in this executive order; would not impose any compliance costs on 
the States; and would not have substantial direct effects on the 
States, the relationship between the Federal Government and the States, 
or the distribution of power and responsibilities among the various 
levels of government. Therefore, the agency has determined that no 
further assessment of federalism implications is necessary at this 
time.
    Moreover, these proposed directives do not have tribal implications 
as defined by Executive Order 13175, entitled ``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 Executive Order 
13211, entitled ``Actions Concerning Regulations That Significantly 
Affect Energy Supply, Distribution, or Use.'' The Agency has determined 
that these proposed directives do not constitute a significant energy 
action as defined in the 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 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 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 
that would be required by these proposed directives has been approved 
by the Office of Management and Budget and assigned control number 
0596-0082. Accordingly, the review provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its implementing 
regulations at 5 CFR part 1320 do not apply.

5. Access to Proposed Directives

    The Forest Service organizes its directive system by alphanumeric 
codes and subject headings. The intended audience for this direction is 
Forest Service employees charged with issuing and administrating 
outfitting and guiding special use permits. To view the proposed 
directive text, visit the Forest Service's Web site at http://www.fs.fed.us/recreation/permits/. Only those sections of the Forest 
Service Manual and Handbook that are the subject of this notice have 
been posted, including: Forest Service Handbook 2709.11--Special Uses 
Handbook Chapter 40, Special Uses Administration, Sections 41.53a 
through 41.53o, Outfitting and Guiding, and Chapter 30, Fee 
Determination, Section 37.21b, Flat Fee for Temporary Use Permits; and 
Forest Service Manual Chapter 2710, Special Use Authorizations, Section 
2713.1, Liability and Insurance.


[[Page 59251]]


    Dated: September 20, 2007.
Abigail R. Kimbell,
Chief, Forest Service.
[FR Doc. E7-20659 Filed 10-18-07; 8:45 am]
BILLING CODE 3410-11-P