[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Rules and Regulations]
[Pages 58403-58404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24231]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 261
RIN 0596-AC98
Prohibitions--Developed Recreation Sites
AGENCY: Forest Service, USDA.
ACTION: Direct final rule.
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SUMMARY: The Forest Service is making a purely technical, non-
substantive change to Forest Service regulations, which will conform
Forest Service regulations to U.S. Department of Justice (DOJ)
regulations implementing Title II of the Americans with Disabilities
Act (ADA). Effective March 15, 2011, these regulations use the phrase
``service animal'' to refer to a dog that has been individually trained
to do work or perform tasks for the benefit of an individual with a
disability. Accordingly, the references to ``seeing eye dog'' are being
changed to ``service animal.''
DATES: The rule is effective September 21, 2011.
FOR FURTHER INFORMATION CONTACT: Mary King, Assistant Director for
Enforcement and Liaison at 703-605-4527 or via e-mail: [email protected].
Individuals who use telecommunication devices for the deaf (TDD)
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339
between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through
Friday.
SUPPLEMENTARY INFORMATION:
1. Background
Effective March 15, 2011, DOJ regulations implementing Title II of
the ADA use the term ``service animal'' to refer to a dog that has been
individually trained to do work or perform tasks for the benefit of an
individual with a disability. This final rule replaces ``seeing eye
dog'' with ``service animal'' in Forest Service regulations at 36 CFR
261.16(j) and (k) to conform to DOJ's revised regulations.
2. Section-by-Section Analysis
36 CFR Part 261, Subpart A
Section 261.16 Developed Recreation Sites. Paragraph (j) currently
prohibits ``bringing in or possessing an animal, other than a seeing
eye dog, unless it is crated, caged, or upon a leash not longer than
six feet, or otherwise under physical restrictive control.'' This final
rule amends paragraph (j) prohibit, ``bringing in or possessing an
animal, other than a service animal, unless it is crated, caged, or
upon a leash not longer than six feet, or otherwise under physical
restrictive control.''
Paragraph (k) currently prohibits ``bringing in or possessing in a
swimming area an animal, other than a seeing eye dog.'' This final rule
amends paragraph (k) to prohibit, ``bringing in or possessing in a
swimming area an animal, other than a service animal.''
3. Regulatory Certifications
Environmental Impact
This final rule revises law enforcement regulations governing
certain activities on National Forest System lands. Forest Service
regulations at 36 CFR 220.6(d)(2) exclude from documentation in an
environmental assessment or environmental impact statement rules,
regulations, or policies to establish servicewide administrative
procedures, program processes, or instructions. The Department has
determined that this final rule falls within this category of actions
and that no extraordinary circumstances exist which require preparation
of an environmental assessment or environmental impact statement.
This final rule has been reviewed under USDA procedures and
Executive Order (E.O.) 12866 on regulatory planning and review. It has
been determined that this final rule is not significant. This final
rule 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 or safety, or State or local
governments. This final rule will not interfere with an action taken or
planned by another agency, nor will this final rule raise new legal or
policy issues. Finally, this final rule will not alter the budgetary
impact of entitlements, grants, user fees, or loan programs or the
rights and obligations of beneficiaries of those programs. Accordingly,
this final rule is not subject to review by the Office of Management
and Budget under E.O. 12866.
This final rule has been considered in light of the Regulatory
Flexibility Act (5 U.S.C. 602 et seq.) This final rule makes a purely
technical, non-substantive change to Forest Service regulations.
Therefore, the Department has determined that this final rule will not
[[Page 58404]]
have a significant economic impact on a substantial number of small
entities as defined by that Act, because this final rule will not
impose record-keeping 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.
Federalism and Consultation and Coordination With Indian Tribal
Governments
The Department has considered this final rule under the
requirements of E.O. 13132 on federalism. The Department has determined
that this final rule conforms to the federalism principles set out in
this E.O.; will not impose any compliance costs on the States; and will
not have substantial direct effects on the States, on the relationship
between the Federal Government and States, or on the distribution of
power and responsibilities among the various levels of government.
Therefore, the Department has determined that no further determination
of federalism implications is necessary at this time.
This final rule does not have tribal implications per E.O. 13175,
Consultation and Coordination with Indian Tribal Governments.
Therefore, advance consultation with tribes is not required in
connection with the final rule.
No Takings Implications
The Department has analyzed the final rule in accordance with the
principles and criteria in E.O. 12630 and has determined that his final
rule will not pose the risk of a taking of private property.
Civil Justice Reform
The Department has reviewed this final rule under E.O. 12988 on
civil justice reform. After adoption of this final rule, (1) all State
and local laws and regulations that conflict with this final rule or
that impedes its full implementation will be preempted; (2) no
retroactive effect will be given to this final rule; and (3) it will
not require administrative proceedings before parties may file suit in
court challenging its provisions.
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), the Department has assessed the effects of this
final rule on State, local, and tribal governments and the private
sector. This final rule 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.
Energy Effects
The Department has reviewed the final rule under E.O. 13211 of May
18, 2001, Actions Concerning Regulations That Significantly Affect
Energy Supply. The Department has determined that this final rule does
not constitute a significant energy action as defined in the E.O.
Controlling Paperwork Burdens on the Public
This final rule does not contain any record-keeping or reporting
requirements or other information collection requirements as defined in
5 CFR part 1320 that are not already required by law or not already
approved for use. Accordingly, the review provisions of the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.) and its implementing regulations
at 5 CFR part 1320 do not apply to this final rule.
List of Subjects in 36 CFR Part 261
Law Enforcement, National Forests.
Therefore, for the reasons set forth in the preamble, the Forest
Service is amending subpart A of part 261 of Title 36 of the Code of
Federal Regulations, as follows:
PART 261--PROHIBITIONS
Subpart A--General Prohibitions
0
1. In Sec. 261.16, revise paragraphs (j) and (k) to read as follows:
Sec. 261.16 Developed recreation sites.
* * * * *
(j) Bringing in or possessing an animal, other than a service
animal, unless it is crated, caged, or upon a leash not longer than six
feet, or otherwise under physical restrictive control.
(k) Bringing in or possessing in a swimming area an animal, other
than a service animal.
* * * * *
Dated: September 15, 2011.
Harris D. Sherman,
Under Secretary, NRE.
[FR Doc. 2011-24231 Filed 9-20-11; 8:45 am]
BILLING CODE 3410-11-P