[Federal Register Volume 81, Number 11 (Tuesday, January 19, 2016)]
[Proposed Rules]
[Pages 2788-2791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00888]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 261

RIN 0596-AD24


Prohibitions in Region 8, Southern Region

AGENCY: Forest Service, USDA.

ACTION: Proposed rule.

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SUMMARY: The Chattooga Wild and Scenic River is located in the 
Nantahala National Forest in North Carolina, the Sumter National Forest 
in South Carolina and the Chattahoochee National Forest in Georgia. 
Forest Service regulations generally prohibit floating activities on 
the Chattooga Wild and Scenic River unless authorized by a permit. On 
January 31, 2012, the U.S. Department of Agriculture (USDA), Forest 
Service issued decisions to change some of the locations where, and 
conditions under which, boating would be allowed. Consequently, the 
Forest Service proposes to amend the regulations to more accurately 
reflect the new management direction for the Chattooga Wild and Scenic 
River.

DATES: Comments on this proposed rule must be received in writing by 
March 21, 2016.

ADDRESSES: Send written comments to Proposed Rule Amendment, c/o USDA 
Forest Service, R8 Planning, 1720 Peachtree Street NW., Suite 811N, 
Atlanta, GA 30309. Electronic comments may be sent to [email protected]; or by facsimile to 404-347-5401. If 
comments are sent electronically, do not duplicate via regular mail. 
Comments should only address issues relevant to this proposed 
regulation.
    All comments, including names and addresses when provided, will be 
placed in the rulemaking record and will be available for public 
inspection and copying. The public may inspect comments received on 
this proposed rule in the USDA, Forest Service Regional Office, 1720 
Peachtree Street, Suite 811N, Atlanta, GA, on business days between the 
hours of 8:30 a.m. and 4:30 p.m. Those wishing to inspect comments 
should call ahead at 404-347-4984 to schedule a time and to facilitate 
entry into the office.

FOR FURTHER INFORMATION CONTACT: Paul Arndt, Regional Planner, Planning 
Unit, Southern Region, 404-347-4984. Individuals who use 
telecommunication devices for the deaf (TDD) may call the Federal 
Information Relay Service (FIRS) at 800-877-8339 between 8:00 a.m. and 
8:00 p.m., Eastern Standard Time, Monday through Friday.

SUPPLEMENTARY INFORMATION:

Background and Purpose for the Amendment

    In 1974, Congress designated the 57-mile Chattooga River (and its 
15,432-acre corridor) as a component of the National Wild and Scenic 
River System. The uppermost portion of the Chattooga Wild and Scenic 
River is located in the Nantahala National Forest (NF) in North 
Carolina. The river then flows in a southerly, south-westerly direction 
to form the boundary between Georgia and South Carolina, and also the 
boundary between the Chattahoochee NF (in Georgia) and the Sumter NF 
(in South Carolina).
    In the initial 1976 river management plan for the Chattooga River, 
the U.S. Forest Service used zoning to manage the upper and lower 
segments of the river for different recreational opportunities. As part 
of the initial zoning effort, management direction prohibited floating 
on the upper segment above GA/SC Highway 28 (which includes a section 
of the river in the Sumter NF in South Carolina, a section of the river 
in the Chattahoochee NF in Georgia, and all of the sections of the 
river in the Nantahala NF in North Carolina).

[[Page 2789]]

    Under the authority of 36 CFR 261.70(a)(7), these prohibitions were 
codified at 36 CFR 261.77 (Federal Register, 43 FR 3706, January 27, 
1978). In general terms, 36 CFR 261.77 prohibits floating activities on 
the Chattooga Wild and Scenic River unless authorized by a permit. 
Consistent with the river management plan that is incorporated into the 
forest plans, the original terms and conditions of the permits issued 
pursuant to 36 CFR 261.77 allowed floating on the Chattooga Wild and 
Scenic River but only on that portion of the river located downstream 
of GA/SC Highway 28. Therefore, due to the combination of 36 CFR 261.77 
and the terms of the self-registration permit issued pursuant to that 
regulation, floating was allowed on that section of the river 
downstream of GA/SC Highway 28 and prohibited upstream from that 
location. However, that management direction has changed, allowing for 
an increase in boating opportunities upstream of GA/SC Highway 28. To 
be consistent with this new management direction, the agency proposes 
to amend 36 CFR 261.77.
    On January 31, 2012, the Chattahoochee, Nantahala and Sumter 
National Forests issued Decision Notices that amended their Forest 
Plans to incorporate new management direction for the Chattooga Wild 
and Scenic River. These changes are based upon an Environmental 
Assessment titled ``Managing Recreation Uses in the Upper Segment of 
the Chattooga Wild and Scenic River Corridor''. Generally, these new 
decisions allow floating above GA/SC Highway 28 with certain 
restrictions.
    In the existing regulations at 36 CFR 261.77, the sections of the 
river that lie within the Nantahala NF in North Carolina are not 
addressed. This area is instead regulated by Forest Supervisor's 
closure order pursuant to subpart B of 36 CFR part 261. In the interest 
of efficiency and clarity, and to be consistent with the new management 
direction, the Forest Service proposes to amend 36 CFR 261.77 to 
include sections of the river that lie within the Nantahala NF. 
Consistent with the new management direction, the Forest Service also 
proposes to amend 36 CFR 261.77 to include the Sumter and Nantahala NFs 
in certain provisions that currently only include the Chattahoochee NF. 
In the interest of further consistency and clarity, and to better serve 
the public, the Forest Service also proposes to amend 36 CFR 261.77 by 
eliminating reference to specific locations where self-registration 
permits are made available to the public. Instead, the Agency will use 
other means to inform the public of the variety of places where it can 
go to obtain permits to float the Chattooga Wild and Scenic River. 
Lastly, in an effort to use more accurate and consistent terminology, 
the Forest Service proposes to replace the term ``special use permit'' 
with the term ``special use authorization.''

Section-by-Section Analysis of the Proposed Rule

Part 261, Subpart C--Prohibitions in Regions

Sec.  261.77 Prohibitions in Region 8, Southern Region.

Revisions to Sec.  261.77(a)

    Currently, Sec.  261.77(a) applies to the Sumter National Forest 
and the Chattahoochee National Forest abutting the Chattooga River. 
However, this regulation is silent about that section of the Chattooga 
Wild and Scenic River Corridor that is located upstream of the Sumter 
and Chattahoochee NFs which lies within the Nantahala NF in North 
Carolina. The January 31, 2012, decision by the Forest Service allows 
for additional boating to occur under permit in the upper section of 
the Chattooga River which in-part is located in North Carolina on the 
Nantahala NF. Therefore, the regulation needs to be revised to include 
the Nantahala NF. The Agency proposes that Sec.  261.77(a) now be 
applicable to ``any area of National Forest land abutting the Chattooga 
River.'' A parenthetical sentence will then be added to clarify that 
``(The Chattooga River is located in the Nantahala National Forest in 
North Carolina, the Sumter National Forest in South Carolina and the 
Chattahoochee National Forest in Georgia.)''
    Due to the allowance of additional floating on the Chattooga River, 
the Agency must be able to issue permits in a flexible and efficient 
manner that is consistent with the new management direction and in a 
manner that best serves the public. Rather than codifying the specific 
locations of self-registration permit stations in the regulations, 
these locations will be identified by the local Forest Service 
officials administering the different sections of the Chattooga River. 
Locations of the registration stations may need to be changed from time 
to time to better serve the public. In addition, the Forest Service 
may, in the future, develop an option where permits could be obtained 
online or through other more efficient and effective means. To achieve 
this need, the specific locations of the ``Forest Service Registration 
Stations'' are being removed and the regulation will simply state that 
the use will need to be ``authorized by permit or through a special use 
authorization''.

Revisions to Sec.  261.77(b)

    Similar to Sec.  261.77(a), Sec.  261.77(b) currently applies to 
``. . . the Sumter National Forest and the Chattahoochee National 
Forest abutting the Chattooga River.'' However, this regulation is also 
silent about that section of the Chattooga Wild and Scenic River 
Corridor that lies within the Nantahala NF in North Carolina. Again, 
since the January 31, 2012, decision by the US Forest Service allows 
for additional boating to occur under permit in the upper section of 
the Chattooga River, the regulation needs to be revised to include the 
Nantahala NF. The agency proposes that Sec.  261.77(b) now is 
applicable to ``any area of National Forest System land abutting the 
Chattooga River.'' As noted above, a parenthetical sentence will then 
be added to clarify that ``(The Chattooga River is located in the 
Nantahala National Forest in North Carolina, the Sumter National Forest 
in South Carolina and the Chattahoochee National Forest in Georgia.)'' 
Finally, the term ``unless authorized by special use permit'' is also 
being replaced with the term ``unless permitted under a special use 
authorization''.

Revisions to Sec.  261.77(c)

    Section 261.77(c) currently only applies to ``. . . the terms or 
conditions of any permit authorizing the occupancy and use . . .'' 
However, in Sec.  261.77(a) and (b), a distinction is now being made 
between a ``permit'' and a ``special use authorization''. So proposed 
Sec.  261.77(c) is revised to apply to ``. . .the terms or conditions 
of any special use authorization or permit authorizing the occupancy 
and use . . .''

Revisions to Sec.  261.77(d)

    Section 261.77(d) applies to ``. . . any portion or segment of the 
Chattooga River within the boundaries of the Chattahoochee National 
Forest . . .'' However, as stated above, the Chattooga Wild and Scenic 
River flows through all three forests; the Chattahoochee NF, the Sumter 
NF and the Nantahala NF. In addition, the new management direction 
applies to all three forests. Therefore, this provision needs to be 
revised to include all three forests. So, proposed Sec.  261.77(d) is 
revised to apply to ``. . . any portion or segment of the Chattooga 
River within National Forest System land . . .''
    In addition, as discussed above, in the interest of consistency, 
efficiency and clarity, to best serve the public, specific

[[Page 2790]]

locations to obtain self-registration permits will no longer be 
codified. Rather, these locations will be identified by the local 
Forest Service officials administering the different sections of the 
Chattooga River. The locations of the registration stations may need to 
be changed from time to time to better serve the public. It should also 
be recognized that the Forest Service may, in the future, develop an 
option where permits could be obtained online or in some other 
efficient manner that better serves the public. In order to address 
this, the specific locations of the ``Forest Service Registration 
Stations'' are being removed and the proposed regulation will simply 
state that the use will need to be ``authorized by permit or through a 
special use authorization.''

Revisions to Sec.  261.77(e)

    Similar to Sec.  261.77(d), the scope of the commercial or business 
operation prohibitions currently in Sec.  261.77(e) only applies to ``. 
. . any portion or segment of the Chattooga River within the boundaries 
of the Chattahoochee National Forest . . .'' As described above, the 
regulation needs to be revised to also include all three national 
forests. Therefore, Sec.  261.77(e) is revised to read, ``Entering, 
going, riding, or floating . . . upon any portion or segment of the 
Chattooga River within National Forest System land . . .'' Finally, the 
term ``unless authorized by special use permit'' is also being replaced 
with the term ``unless permitted under a special use authorization.''

Revisions to Sec.  261.77(f)

    Section 261.77(f) currently only applies to ``. . . the terms or 
conditions of any permit authorizing the occupancy and use . . .'' 
However, in Sec.  261.77(d) and (e), a distinction is now being made 
between a ``permit'' and a ``special use authorization''. So proposed 
Sec.  261.77(f) is revised to apply to ``. . .the terms or conditions 
of any special use authorization or permit authorizing the occupancy 
and use . . .''

Regulatory Certifications

Environmental Impact

    This proposed rule is to amend an existing regulation to make it 
consistent with a USDA, Forest Service decision on the management of 
the Chattooga Wild and Scenic River, which lies within the 
Chattahoochee, Nantahala and Sumter National Forests. The Decision 
Notices (one for each National Forest) were signed on January 31, 2012, 
which were based upon an Environmental Assessment (EA) titled 
``Managing Recreation Uses in the Upper Segment of the Chattooga Wild 
and Scenic River Corridor.'' The social and environmental effects of 
this decision are documented in this EA. This proposed rule amendment 
is to update the Forest Service regulations to now be consistent with 
this new management decision.

Regulatory Impact

    This proposed rule has been reviewed under USDA procedures and 
Executive Order 12866 on regulatory planning and review. It has been 
determined that this is not a significant proposed rule. This 
rulemaking will not have an annual effect of $100 million or more on 
the economy, nor will it adversely affect productivity, competition, 
jobs, the environment, public health and safety, or State or local 
governments. This rulemaking will not interfere with an action taken or 
planned by another agency, nor will it raise new legal or policy 
issues. Finally, this proposed rule will not alter the budgetary impact 
of entitlement, grant, user fee, or loan programs or the rights and 
obligations of beneficiaries of such programs. Accordingly, this 
rulemaking is not subject to Office of Management and Budget (OMB) 
review under Executive Order 12866.

Regulatory Flexibility Act

    This proposed rule has been considered in light of the Regulatory 
Flexibility Act (5 U.S.C. 602 et seq.). The proposed rule makes minor, 
technical changes to the Forest Service's regulations. This rulemaking 
will not have a significant economic impact on a substantial number of 
small entities as defined by the act because the rulemaking will not 
impose recordkeeping requirements on them; it will not affect their 
competitive position in relation to large entities; and it will not 
affect their cash flow, liquidity, or ability to remain in the market.

No Takings Implications

    This proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 12630. It has been 
determined that the rulemaking will not pose the risk of a taking of 
private property.

Civil Justice Reform

    This proposed rule has been reviewed under Executive Order 12988 on 
civil justice reform. After adoption of this proposed rule, (1) all 
State and local laws and regulations that conflict with this rulemaking 
or that impede its full implementation will be preempted; (2) no 
retroactive effect will be given to this rule; and (3) it will not 
require administrative proceedings before parties may file suit in 
court challenging its provisions.

Federalism and Consultation and Coordination With Indian Tribal 
Governments

    The Department has considered this proposed rule under the 
requirements of Executive Order 13132 on federalism, and has determined 
that the rulemaking conforms with the federalism principles set out in 
this Executive Order; will not impose any compliance costs on the 
States; and will not have substantial direct effects on the States, the 
relationship between the Federal government and the States, or the 
distribution of power and responsibilities among the various levels of 
government. Therefore, the Department has determined that no further 
assessment of federalism implications is necessary.
    Moreover, this proposed rule is not expected to have Tribal 
implications as defined by Executive Order 13175, Consultation and 
Coordination with Indian Tribal Governments. The Department does 
recognize that one or more Indian Tribes may have direct interest in 
the management of Chattooga Wild & Scenic River. Therefore, the 
Department will request consultation with all potentially affected 
Indian Tribes on this proposed rule. The tribal consultation will be 
held concurrently with the public comment period.

Energy Effects

    This proposed rule has been reviewed under Executive Order 13211 of 
May 18, 2001, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use. It has been determined that this 
proposed rule does not constitute a significant energy action as 
defined in the Executive Order.

Unfunded Mandates

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

Controlling Paperwork Burdens on the Public

    This proposed rule does not contain any recordkeeping or reporting 
requirements or other information

[[Page 2791]]

collection requirements as defined in 5 CFR part 1320 that are not 
already required by law or not already approved for use. Accordingly, 
the review provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.) and its implementing regulations at 5 CFR part 1320 do 
not apply.

List of Subjects in 36 CFR Part 261

    Prohibitions, Law enforcement, National forests.

    Therefore, for the reasons set out in the preamble, we propose to 
amend part 261 of title 36 of the Code of Federal Regulations as 
follows:

PART 261--PROHIBITIONS

0
1. The authority citation for part 261 continues to read as follows:

    Authority:  7 U.S.C. 1011(f); 16 U.S.C. 4601-6d, 472, 551, 
620(f), 1133(c)-(d)(1), 1246(i).

Subpart C--Prohibitions in Regions

0
2. Revise Sec.  261.77 to read as follows:


Sec.  261.77  Prohibitions in Region 8, Southern Region.

    (a) Using or occupying any area of National Forest System land 
abutting the Chattooga River for the purpose of entering or going upon 
the River in, on, or upon any floatable object or craft of every kind 
or description, unless authorized by permit or through a special use 
authorization. (The Chattooga River is located in the Nantahala 
National Forest in North Carolina, the Sumter National Forest in South 
Carolina and the Chattahoochee National Forest in Georgia.)
    (b) Using or occupying within the scope of any commercial operation 
or business any area of National Forest System land abutting the 
Chattooga River for the purpose of entering or going upon the River in, 
on, or upon any floatable object or craft of every kind or description, 
unless permitted under a special use authorization.
    (c) Violating or failing to comply with any of the terms or 
conditions of any special use authorization or permit authorizing the 
occupancy and use specified in paragraph (a) or (b) of this section is 
prohibited.
    (d) Entering, going, riding, or floating upon any portion or 
segment of the Chattooga River within National Forest System land in, 
on, or upon any floatable object or craft of every kind or description, 
unless authorized by a permit or through a special use authorization.
    (e) Entering, going, riding, or floating within the scope of any 
commercial operation or business upon any portion or segment of the 
Chattooga River within National Forest System land in, on, or upon any 
floatable object or craft of every kind or description, unless 
permitted under a special use authorization.
    (f) Violating or failing to comply with any of the terms or 
conditions of any special use authorization or permit authorizing the 
occupancy and use specified in paragraph (d) or (e) of this section is 
prohibited.

     Dated: December 21, 2015.
Thomas L. Tidwell,
Chief, Forest Service.
[FR Doc. 2016-00888 Filed 1-15-16; 8:45 am]
 BILLING CODE 3411-15-P