81 FR 2788 - Prohibitions in Region 8, Southern Region
DEPARTMENT OF AGRICULTURE
Forest Service Federal Register Volume 81, Issue 11 (January 19, 2016)
Forest Service
Federal Register Volume 81, Issue 11 (January 19, 2016)
| Page Range | 2788-2791 | |
| FR Document | 2016-00888 |
[Federal Register Volume 81, Number 11 (Tuesday, January 19, 2016)] [Proposed Rules] [Pages 2788-2791] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-00888] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![2788 Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Proposed Rules
FOR FURTHER INFORMATION CONTACT: compensation benefits if a Physicians ADDRESSES: Send written comments to
Rachel P. Leiton, Director, Division of Panel determined that the employee in Proposed Rule Amendment, c/o USDA
Energy Employees Occupational Illness question had sustained a covered illness Forest Service, R8 Planning, 1720
Compensation, Office of Workers’ as a result of work-related exposure to Peachtree Street NW., Suite 811N,
Compensation Programs, U.S. a toxic substance at a DOE facility. A Atlanta, GA 30309. Electronic
Department of Labor, Room C–3321, 200 positive panel finding that was accepted comments may be sent to comments-
Constitution Avenue NW., Washington, by DOE required DOE, to the extent southern-regional-office@fs.fed.us; or by
DC 20210, Telephone: 202–693–0081 permitted by law, to order its contractor facsimile to 404–347–5401. If comments
(this is not a toll-free number). not to contest the claim for state are sent electronically, do not duplicate
Individuals with hearing or speech workers’ compensation benefits. via regular mail. Comments should only
impairments may access this telephone However, Congress amended EEOICPA address issues relevant to this proposed
number via TTY by calling the toll-free in Subtitle E of Title XXXI of the Ronald regulation.
Federal Information Relay Service at 1– W. Reagan National Defense All comments, including names and
800–877–8339. Authorization Act for Fiscal Year 2005, addresses when provided, will be
SUPPLEMENTARY INFORMATION: In Public Law 108–375, 118 Stat. 1811, placed in the rulemaking record and
response to requests from members of 2178 (October 28, 2004), by abolishing will be available for public inspection
the public, the Department has decided Part D of the Act and creating a new Part and copying. The public may inspect
to extend the public comment period for E (codified at 42 U.S.C. 7385s through comments received on this proposed
the notice of proposed rulemaking it 7385s–15) that it assigned to DOL for rule in the USDA, Forest Service
published on November 18, 2015 (80 FR administration. Part E established a new Regional Office, 1720 Peachtree Street,
72296). The 60-day comment period system of variable federal payments for Suite 811N, Atlanta, GA, on business
that was originally scheduled to close DOE contractor employees, uranium days between the hours of 8:30 a.m. and
on January 19, 2016 is being extended workers covered by section 5 of RECA, 4:30 p.m. Those wishing to inspect
for another 30 days through February and eligible survivors of such comments should call ahead at 404–
18, 2016. employees. 347–4984 to schedule a time and to
The notice of proposed rulemaking facilitate entry into the office.
Leonard J. Howie III,
contains changes to the regulations FOR FURTHER INFORMATION CONTACT: Paul
Director, Office of Workers’ Compensation
governing the administration of the Programs. Arndt, Regional Planner, Planning Unit,
Energy Employees Occupational Illness [FR Doc. 2016–00835 Filed 1–15–16; 8:45 am]
Southern Region, 404–347–4984.
Compensation Program Act of 2000, as Individuals who use telecommunication
BILLING CODE 4510–CR–P
amended (EEOICPA or Act), 42 U.S.C. devices for the deaf (TDD) may call the
7384 et seq., which was originally Federal Information Relay Service
enacted on October 30, 2000. The initial (FIRS) at 800–877–8339 between 8:00
version of EEOICPA established a DEPARTMENT OF AGRICULTURE a.m. and 8:00 p.m., Eastern Standard
compensation program (known as Part B Time, Monday through Friday.
of the Act) to provide a uniform lump- Forest Service SUPPLEMENTARY INFORMATION:
sum payment of $150,000 and medical
benefits as compensation to covered 36 CFR Part 261 Background and Purpose for the
employees who had sustained Amendment
RIN 0596–AD24
designated illnesses due to their In 1974, Congress designated the 57-
exposure to radiation, beryllium or Prohibitions in Region 8, Southern mile Chattooga River (and its 15,432-
silica while in the performance of duty Region acre corridor) as a component of the
for DOE and certain of its vendors, National Wild and Scenic River System.
contractors and subcontractors. Part B of AGENCY: Forest Service, USDA. The uppermost portion of the Chattooga
the Act also provides for payment of ACTION: Proposed rule. Wild and Scenic River is located in the
compensation to certain survivors of Nantahala National Forest (NF) in North
these covered employees, and for SUMMARY: The Chattooga Wild and Carolina. The river then flows in a
payment of a smaller uniform lump-sum Scenic River is located in the Nantahala southerly, south-westerly direction to
($50,000) to individuals (who would National Forest in North Carolina, the form the boundary between Georgia and
also receive medical benefits), or their Sumter National Forest in South South Carolina, and also the boundary
survivors, who were determined to be Carolina and the Chattahoochee between the Chattahoochee NF (in
eligible for compensation under section National Forest in Georgia. Forest Georgia) and the Sumter NF (in South
5 of the Radiation Exposure Service regulations generally prohibit Carolina).
Compensation Act (RECA), 42 U.S.C. floating activities on the Chattooga Wild In the initial 1976 river management
2210 note, by DOJ. Primary and Scenic River unless authorized by plan for the Chattooga River, the U.S.
responsibility for the administration of a permit. On January 31, 2012, the U.S. Forest Service used zoning to manage
Part B of the Act was assigned to DOL Department of Agriculture (USDA), the upper and lower segments of the
by Executive Order 13179 (‘‘Providing Forest Service issued decisions to river for different recreational
Compensation to America’s Nuclear change some of the locations where, and opportunities. As part of the initial
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Weapons Workers’’) of December 7, conditions under which, boating would zoning effort, management direction
2000 (65 FR 77487). be allowed. Consequently, the Forest prohibited floating on the upper
The initial version of EEOICPA also Service proposes to amend the segment above GA/SC Highway 28
created a second program (known as regulations to more accurately reflect (which includes a section of the river in
Part D of the Act) that required DOE to the new management direction for the the Sumter NF in South Carolina, a
establish a system by which DOE Chattooga Wild and Scenic River. section of the river in the Chattahoochee
contractor employees (and their eligible DATES: Comments on this proposed rule NF in Georgia, and all of the sections of
survivors) could seek assistance from must be received in writing by March the river in the Nantahala NF in North
DOE in obtaining state workers’ 21, 2016. Carolina).
VerDate Sep<11>2014 15:55 Jan 15, 2016 Jkt 238001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\19JAP1.SGM 19JAP1](https://thefederalregister.org/doc/81_FR_2799/page/1.svg)
![Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Proposed Rules 2791
collection requirements as defined in 5 or segment of the Chattooga River authority to identify impaired waters on
CFR part 1320 that are not already within National Forest System land in, their reservations and to establish
required by law or not already approved on, or upon any floatable object or craft TMDLs, which serve as plans for
for use. Accordingly, the review of every kind or description, unless attaining and maintaining applicable
provisions of the Paperwork Reduction permitted under a special use water quality standards (WQS). The
Act of 1995 (44 U.S.C. 3501 et seq.) and authorization. proposal is comparable to similar
its implementing regulations at 5 CFR (f) Violating or failing to comply with regulations that EPA issued in the 1990s
part 1320 do not apply. any of the terms or conditions of any for the CWA Section 303(c) WQS and
special use authorization or permit CWA Section 402 and 404 Permitting
List of Subjects in 36 CFR Part 261 authorizing the occupancy and use Programs, and includes features
Prohibitions, Law enforcement, specified in paragraph (d) or (e) of this designed to minimize paperwork and
National forests. section is prohibited. unnecessary reviews. EPA requests
Therefore, for the reasons set out in Dated: December 21, 2015. comments on all aspects of the proposed
the preamble, we propose to amend part Thomas L. Tidwell,
rule.
261 of title 36 of the Code of Federal Chief, Forest Service. DATES: EPA must receive comments on
Regulations as follows: or before March 21, 2016. EPA will
[FR Doc. 2016–00888 Filed 1–15–16; 8:45 am]
discuss this proposed rule and answer
PART 261—PROHIBITIONS BILLING CODE 3411–15–P
questions about it in one or more
webinars during the above comment
■ 1. The authority citation for part 261
period. If you are interested, see EPA’s
continues to read as follows: ENVIRONMENTAL PROTECTION Web site at http://www2.epa.gov/tmdl/
Authority: 7 U.S.C. 1011(f); 16 U.S.C. AGENCY tribal-consultation-rulemaking-provide-
4601–6d, 472, 551, 620(f), 1133(c)–(d)(1), more-opportunities-tribes-engage-clean-
1246(i). 40 CFR Part 130
water-act for the date and time of the
[EPA–HQ–OW–2014–0622; FRL–9941–33– webinar(s) and instructions on how to
Subpart C—Prohibitions in Regions OW] register and participate. Additionally,
■ 2. Revise § 261.77 to read as follows: RIN 2040–AF52 under the Paperwork Reduction Act
(PRA), comments on the information
§ 261.77 Prohibitions in Region 8,
Treatment of Indian Tribes in a Similar collection provisions are best assured of
Southern Region.
Manner as States for Purposes of consideration if the Office of
(a) Using or occupying any area of Section 303(d) of the Clean Water Act Management and Budget (OMB)
National Forest System land abutting
receives a copy of your comments on or
the Chattooga River for the purpose of AGENCY: Environmental Protection
before February 18, 2016.
entering or going upon the River in, on, Agency (EPA).
ADDRESSES: Submit your comments,
or upon any floatable object or craft of ACTION: Proposed rule.
every kind or description, unless identified by Docket identification (ID)
authorized by permit or through a SUMMARY: In section 518(e) of the Clean No. EPA–HQ–OW–2014–0622, at
special use authorization. (The Water Act (CWA), Congress authorized http://www.regulations.gov. Follow the
Chattooga River is located in the EPA to treat eligible federally online instructions for submitting
Nantahala National Forest in North recognized Indian tribes in a similar comments. Once submitted, comments
Carolina, the Sumter National Forest in manner as states for purposes of cannot be edited or removed from
South Carolina and the Chattahoochee administering section 303 and certain Regulations.gov. EPA may publish any
National Forest in Georgia.) other provisions of the CWA, and comment received to its public docket.
(b) Using or occupying within the directed the agency to promulgate Do not submit electronically any
scope of any commercial operation or regulations effectuating this information you consider to be
business any area of National Forest authorization. EPA has issued Confidential Business Information (CBI)
System land abutting the Chattooga regulations establishing a process for or other information whose disclosure is
River for the purpose of entering or federally recognized tribes to obtain restricted by statute. Multimedia
going upon the River in, on, or upon any treatment in a similar manner as states submissions (audio, video, etc.) must be
floatable object or craft of every kind or (TAS) for several provisions of the accompanied by a written comment.
description, unless permitted under a CWA; 50 tribes, for example, have The written comment is considered the
special use authorization. obtained TAS authority to issue water official comment and should include
(c) Violating or failing to comply with quality standards under CWA section discussion of all points you wish to
any of the terms or conditions of any 303(c). EPA, however, has not yet make. EPA will generally not consider
special use authorization or permit promulgated regulations expressly comments or comment contents located
authorizing the occupancy and use establishing a process for such tribes to outside of the primary submission (i.e.
specified in paragraph (a) or (b) of this obtain TAS authority to administer the on the web, cloud, or other file sharing
section is prohibited. water quality restoration provisions of system). For additional submission
(d) Entering, going, riding, or floating CWA section 303(d), including issuing methods, the full EPA public comment
upon any portion or segment of the lists of impaired waters and developing policy, information about CBI or
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Chattooga River within National Forest total maximum daily loads (TMDLs) multimedia submissions, and general
System land in, on, or upon any under CWA section 303(d), as states guidance on making effective
floatable object or craft of every kind or routinely do. EPA is now proposing to comments, please visit http://
description, unless authorized by a remedy this gap. By establishing www2.epa.gov/dockets/commenting-
permit or through a special use regulatory procedures for eligible tribes epa-dockets.
authorization. to obtain TAS for the CWA Section FOR FURTHER INFORMATION CONTACT:
(e) Entering, going, riding, or floating 303(d) Impaired Water Listing and Sarah Furtak, Assessment and
within the scope of any commercial TMDL Program, the proposed rule Watershed Protection Division, Office of
operation or business upon any portion would enable eligible tribes to obtain Wetlands, Oceans and Watersheds
VerDate Sep<11>2014 15:55 Jan 15, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\19JAP1.SGM 19JAP1](https://thefederalregister.org/doc/81_FR_2799/page/4.svg)
Document Created: 2016-01-16 01:10:30
Document Modified: 2016-01-16 01:10:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments on this proposed rule must be received in writing by March 21, 2016. | |
| 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. | |
| FR Citation | 81 FR 2788 | |
| RIN Number | 0596-AD24 | |
| CFR Associated | Prohibitions; Law Enforcement and National Forests |
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