[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Pages 33211-33213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13242]


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DEPARTMENT OF AGRICULTURE

Forest Service


Alaska Region Supplement to Forest Service Manual 2720: Special 
Uses; Outfitting and Guiding Permit for Strictly Point-To-Point 
Commercial Transportation to, From, and Within the Mendenhall Glacier 
Visitor Center Subunit of the Mendenhall Glacier Recreation Area

AGENCY: Forest Service, USDA.

ACTION: Notice of availability for public comment.

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SUMMARY: The United States Department of Agriculture (USDA), Forest 
Service, is seeking public comment on a proposed revision to a 
directive supplement that would require an outfitting and guiding 
permit for strictly point-to-point commercial transportation to, from, 
and within the Mendenhall Glacier Visitor Center subunit of the 
Mendenhall Glacier Recreation Area (Visitor Center subunit) in the 
Alaska Region of the Forest Service (Alaska Region). Comment is also 
requested on the revision to the Forest Service's approved information 
collection for outfitting and guiding permits.

DATE: Comments must be received in writing by August 23, 2021.

ADDRESSES: The proposed revision to the directive supplement is 
available at, and comments may be submitted electronically to, https://cara.ecosystem-management.org/Public/CommentInput?project=ORMS-2314. 
Written comments may be mailed to Jennifer Berger, Alaska Region Public 
Services Program Leader (RLM), P.O. Box 21628, Room 535b, Juneau, AK 
99802-1628. All timely comments, including names and addresses, will be 
placed in the record and will be available for public inspection and 
copying. The public may inspect comments received at https://cara.ecosystem-management.org/Public/ReadingRoom?project=ORMS-2314.

FOR FURTHER INFORMATION CONTACT: Jennifer Berger, Alaska Region Public 
Services Program Leader, at 907-586-8843 or [email protected].

[[Page 33212]]

Individuals using telecommunication devices for the hearing-impaired 
may call the Federal Information Relay Service at 800-877-8339 between 
8 a.m. and 8 p.m. Eastern Daylight Time, Monday through Friday.

SUPPLEMENTARY INFORMATION: The Forest Service's special use regulations 
require a special use authorization for commercial activities like 
outfitting and guiding (36 CFR 251.50(a), 251.51) and define the term 
``guiding'' to include transporting people on National Forest System 
(NFS) lands for remuneration or other gain (36 CFR 251.51). The 
principal purpose of outfitting and guiding is to provide or facilitate 
an outdoor recreational experience involving NFS lands, improvements, 
or resources. In contrast, the primary purpose of public transportation 
such as taxi and bus service is to provide point-to-point public 
transportation.
    Because public transportation such as taxi, air taxi, and bus 
service in Alaska is often provided on NFS lands, the Alaska Region 
issued a supplement to Forest Service Manual (FSM) 2721.53 that exempts 
strictly point-to-point commercial transportation from the requirement 
to obtain an outfitting and guiding permit. The existing FSM supplement 
also provides that in areas where activities are causing conflicts with 
recreational users on NFS lands, operators must cooperate with the 
District Ranger to reduce the conflicts. Since 2007, the Alaska Region 
has used this authority in the existing FSM supplement to require 
existing outfitters and guides to obtain an outfitting and guiding 
permit for commercial point-to-point transportation to, from, and 
within the Visitor Center subunit during cruise ship season to manage 
traffic congestion prompted by growing cruise ship tourism.
    Cruise ship visitation to the Visitor Center subunit has continued 
to grow, increasing by 20 percent between 2007 and 2017. While the 
COVID-19 pandemic has depressed visitation, the Forest Service expects 
it to return to pre-pandemic levels and continue to increase now that 
vaccines are more widely available. In 2015, the Alaska Region 
reassessed the commercial capacity of the Visitor Center subunit to 
address growing tourism demand and allocated all existing commercial 
capacity by means of a prospectus. Due to overwhelming demand, current 
permit holders could not be granted the level of use they had 
requested, and only five new operators could be issued a permit.
    Commercial point-to-point transportation to, from, and within the 
Visitor Center subunit increased substantially after 2017 when the 
State of Alaska allowed transportation network companies (TNCs) such as 
Uber and Lyft to begin operating in the State. There are 5 to 10 
businesses that attempt to operate at the Visitor Center subunit 
without a permit each year. Some TNCs are known nationally (like Uber 
and Lyft), and some are local small businesses. Juneau is a landlocked 
city of 30,000 residents. The number of TNC drivers conducting business 
in the city fluctuates to accommodate residents in the non-cruise 
season (when there are fewer drivers) and to accommodate a surge of an 
additional 3,600 to 18,000 cruise passengers per day during cruise 
season (when there are more drivers). The highest number of TNC drivers 
the Forest Service has recorded operating at one time within the city 
of Juneau is 12 at the height of cruise season on a 5-ship-day, meaning 
18,000 passengers disembarked. Although the 4 to 12 drivers do not 
operate simultaneously in the Visitor Center subunit, they operate 
there repeatedly throughout the day during the 6-month cruise season, 
contributing significantly to congestion. Based on the number of Uber 
and Lyft trips recorded by Forest Service personnel and reported by 
permit holders, approximately 1,440 to 4,320 trips occur during cruise 
season per (non-pandemic) year. This is a conservative estimate based 
on a 6-month cruise season and 4 to 12 Uber and Lyft drivers traveling 
to the Visitor Center subunit twice per day.
    Under the existing FSM supplement, the Alaska Region cannot require 
an outfitting and guiding permit for TNCs and other new operators. 
Consequently, these new operators are unfairly competing with existing 
outfitters and guides. In addition, the unmanaged commercial use in the 
Visitor Center subunit is resulting in use conflicts, increased risks 
to black bears frequenting the area from wildlife/vehicle conflicts, 
greater congestion and public safety risks such as near-miss vehicle/
pedestrian incidents, and a diminished recreational experience for 
visitors. Feedback from visitors, permit holders, and Forest Service 
personnel indicates that wildlife/vehicle conflicts average 10 to 14 
per season and that vehicle/pedestrian near-misses average 5 to 7 per 
season in the Visitor Center subunit.
    To address these concerns, the Alaska Region is proposing to revise 
its FSM supplement to require an outfitting and guiding permit for all 
strictly point-to-point commercial transportation (including services 
provided by TNCs) to, from, and within the Visitor Center subunit. 
Consistent with the definition for guiding in the Forest Service's 
regulations, this activity involves transporting people and has as its 
principal purpose the facilitation of an outdoor recreational 
experience involving NFS lands, improvements, or resources. The permit 
requirement would apply only during the cruise season as reflected in 
the calendar published annually by Cruise Line Agencies of Alaska, 
approximately April 1 to October 31, and only to the Visitor Center 
subunit. All other strictly point-to-point commercial transportation in 
the Alaska Region would continue to be exempt from the permit 
requirement. The existing exemption from the permit requirement and the 
criteria for applying the permit requirement in the Alaska Region are 
also being published for public comment.
    Environmental analysis for major road, trail, and other 
infrastructure upgrades is underway to accommodate additional outfitted 
and guided use in the Visitor Center subunit. The draft environmental 
impact statement (EIS) for the infrastructure improvements at the 
Visitor Center subunit is scheduled to be published in the summer of 
2021. The final EIS is expected to be published and site design and 
contracting are expected to begin in fiscal year 2022. Construction is 
anticipated to begin in fiscal year 2023 with funding through the Great 
American Outdoors Act. Once the new infrastructure is in place, the 
Alaska Region will issue a new prospectus to allocate additional use 
for strictly point-to-point commercial transportation to, from, and 
within the Visitor Center subunit. Until then, and after allocation of 
additional use if they do not obtain a permit, the Alaska Region has 
identified a location on the border of the Visitor Center subunit where 
operators without a permit can pick up and drop off clients.
    The Forest Service has determined that the proposed FSM supplement 
formulates a standard, criterion, or guideline applicable to a Forest 
Service program and is therefore publishing the proposed FSM supplement 
for public comment in accordance with 36 CFR part 216.
    After the public comment period closes, the Alaska Region will 
consider timely and relevant comments in the development of the final 
FSM supplement. A notice of the final FSM supplement, including a 
response to timely and relevant comments, will be posted on the Forest 
Service's web page at https://www.fs.fed.us/about-agency/regulations-policies.

[[Page 33213]]

    The Forest Service has conducted an economic analysis of the 
proposed directive pursuant to the Regulatory Flexibility Act, 5 U.S.C. 
602 et seq., and has determined that the proposed directive would not 
have a significant economic impact on a substantial number of small 
entities. The Forest Service invites public comment on the economic 
analysis. The Juneau Economic Development Council (JEDC) reported that 
in 2019 there were just over 1.7 million visitors to Juneau. The 
Visitor Center subunit attracted approximately 540,000 of these 
visitors during cruise season. This means that in 2019 about 1.16 
million visitors engaged in tourism activities other than Visitor 
Center subunit visitation while in Juneau. Under the proposed 
directive, nonpermitted operators could still deliver clients to a 
location on the border of the Visitor Center subunit or provide service 
to the 1.16 million visitors engaged in Juneau tourism activities other 
than the Visitor Center subunit visitation. The JEDC reported 
$103,225,389 in leisure, hospitality, and transportation industry 
earnings (i.e., tourism revenue) for Juneau during 2019. Figures have 
not yet been published for 2020 calendar year. Thus, not doing business 
in the Visitor Center subunit does not equate to not doing business in 
Juneau, either for large or small entities. In 2015, all commercial 
capacity in the Visitor Center subunit was allocated by means of a 
prospectus, consistent with existing Forest Service regulations. Due to 
overwhelming demand, current permit holders could not be granted the 
level of use they had requested, and only five new operators could be 
issued a permit. The 2015 prospectus resulted in distribution of 
157,179 Visitor Center subunit service days (1 service day = 1 client) 
to 15 permit holders, all of which were small businesses. Of these 15 
small businesses, 10 were allocated new use that was added to existing 
permits, while 5 of the small businesses became first-time permit 
holders through this prospectus. There were 3 small businesses that 
applied but were not selected. There are currently 26 permits issued to 
tourism businesses operating in the Visitor Center subunit. One is a 
large business (affiliated with Princess-Holland-America Cruises); the 
other 25 are small businesses. Thus, most of the businesses currently 
operating in the Visitor Center subunit are small. There are 5 to 10 
businesses that attempt to operate at the Visitor Center subunit 
without a permit each year. Some of these companies are known 
nationally (like Uber and Lyft), and some are local small businesses.
    The 25 small businesses would continue to operate in the Visitor 
Center subunit. Companies without a permit would be invited to submit 
an application in response to a prospectus once the infrastructure 
improvements have been completed and recreation capacity in the Visitor 
Center subunit has increased. Like the 2015 prospectus, this prospectus 
is expected to help existing permit holders expand their operations, if 
desired, and allow new operators to enter the market. Companies issued 
a permit would be authorized to provide transportation to, from, and 
within the Visitor Center subunit. Companies who apply for but do not 
obtain a permit could continue to drop off and pick up passengers at 
the border of the Visitor Center subunit and could still deliver 
clients to a location on the border of the Visitor Center subunit or 
provide service to the 1.16 million visitors engaged in Juneau tourism 
activities other than Visitor Center subunit visitation.

Paperwork Reduction Act Compliance

    Title: Special Uses Administration.
    OMB Number: 0596-0082.
    Type of Request: Revision.
    Abstract: The agency uses Form FS-2700-4i to issue outfitting and 
guiding permits, and the proposed directive, by requiring an outfitting 
and guiding permit for strictly point-to-point commercial 
transportation to, from, and within the Visitor Center subunit, would 
expand the use of this form and therefore increase the burden hours 
associated with the form.
    Affected Public: Individuals or businesses providing strictly 
point-to-point commercial transportation to, from, and within the 
Visitor Center subunit would need to have an outfitting and guiding 
permit, Form FS-2700-4i.
    Estimate of Burden per Response: 1 hour.
    Estimated Annual Number of Respondents: 3-5.
    Estimated Annual Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 3-5 hours.

    Dated: June 17, 2021.
Tina Johna Terrell,
Associate Deputy Chief, National Forest System.
[FR Doc. 2021-13242 Filed 6-23-21; 8:45 am]
BILLING CODE 3411-15-P