[Federal Register Volume 79, Number 171 (Thursday, September 4, 2014)]
[Notices]
[Pages 52626-52628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21093]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596-AD20
Proposed Directive for Commercial Filming in Wilderness; Special
Uses Administration
AGENCY: Forest Service, USDA.
ACTION: Notice of proposed directive; request for public comment.
-----------------------------------------------------------------------
SUMMARY: The Forest Service proposes to incorporate interim directive
(ID) 2709.11-2013.1 into Forest Service Handbook (FSH) 2709.11, chapter
40 to make permanent guidance for the evaluation of proposals for still
photography and commercial filming on National Forest System Lands. The
proposed amendment would address
[[Page 52627]]
the establishment of consistent national criteria to evaluate requests
for special use permits on National Forest System (NFS) lands.
Specifically, this policy provides the criteria used to evaluate
request for special use permits related to still photography and
commercial filming in congressionally designated wilderness areas.
Public comment is invited and will be considered in the development of
the final directive.
DATES: Comments must be received in writing on or before November 3,
2014 to be assured of consideration.
ADDRESSES: Submit comments electronically by following the instructions
at the federal eRulemaking portal at http://www.regulation.gov or
submit comments via fax to 703-605-5131 or 703-605-5106. Please
identify faxed comments by including ``Commercial Filming in
Wilderness'' on the cover sheet or first page. Comments may also be
submitted via mail to Commercial Filming in Wilderness, USDA, Forest
Service, Attn: Wilderness & Wild and Scenic Rivers (WWSR), 201 14th
Street SW., Mailstop Code: 1124, Washington, DC 20250-1124. Email
comments may be sent to: [email protected]. If comments are
submitted electronically, duplicate comments should not be sent by
mail. Hand-delivered comments will not be accepted and receipt of
comments cannot be confirmed. Please restrict comments to issues
pertinent to the proposed directive, 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 be made available for public inspection and
copying. The public may inspect the comments received at the USDA
Forest Service Headquarters, Sidney R. Yates Federal Building, 201 14th
Street SW., Washington, DC, in the Office of the Director, WWSR, 5th
Floor South, during normal business hours. Visitors are encouraged to
call ahead to 202-644-4862 to facilitate entry to the building.
FOR FURTHER INFORMATION CONTACT: Elwood York, WWSR, at 202-649-1727.
Individuals who use telecommunication devices for the deaf (TDD)
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339
between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through
Friday.
SUPPLEMENTARY INFORMATION:
1. Background and Need for the Proposed Directive
The proposed directive is necessary for the Forest Service to issue
and administer special use authorizations that will allow the public to
use and occupy National Forest System (NFS) lands for still photography
and commercial filming in wilderness. The proposed directive FSH
2709.11, chapter 40, is currently issued as the third consecutive
interim directive (ID) which is set to expire in October 2014. The
previous directive addressed still photography in wilderness and did
not provide adequate guidance to review commercial filming in
wilderness permit proposals. The notice and comments are collected and
used by Forest Service officials, unless otherwise noted, to ensure the
use of NFS lands are authorized, in the public interest, and compatible
with the Agency's mission and/or record authorization of use granted by
appropriate Forest Service officials.
2. Overview of Proposed Directive, FSH 2709.11, Chapter 40
The Forest Service is requesting public input with respect to
Agency policy. Our intent with the issuance of this notice of proposed
directive is to consider such input and, as appropriate, incorporate it
into future policy. Certain suggestions, whether due to legislative or
other limitations, may not be implemented through Agency policy, and we
wish for the public to understand that as well.
The current language has been in place for 48 months. This proposal
would make permanent guidelines for the acceptance and denial for still
photography and commercial filming permits in congressionally
designated wilderness areas.
Section 45.1c--Evaluation of Proposals
This proposed section would include criteria in addition to that of
still photography to incorporate commercial filming activities.
Furthermore, the Agency is proposing to clarify when a special use
permit may be issued to authorize the use of NFS lands if the proposed
activity, other than noncommercial still photography would be in a
congressionally designated wilderness area.
The proposed directive for FSH 2709.11, chapter 40, section 45.1c
is as follows:
45.1c--Evaluation of Proposals
A special use permit may be issued (when required by sections 45.1a
and 45.2a) to authorize the use of National Forest System lands for
still photography or commercial filming when the proposed activity:
1. Meets the screening criteria in 36 CFR 251.54(e);
2. Would not cause unacceptable resource damage;
3. Would not unreasonably disrupt the public's use and enjoyment of
the site where the activity would occur;
4. Would not pose a public health and safety risk; and
5. Meets the following additional criteria, if the proposed
activity, other than noncommercial still photography (36 CFR 251.51),
would be in a congressionally designated wilderness area:
a. Has a primary objective of dissemination of information about
the use and enjoyment of wilderness or its ecological, geological, or
other features of scientific, educational, scenic, or historical value
(16 U.S.C. 1131(a) and (b));
b. Would preserve the wilderness character of the area proposed for
use, for example, would leave it untrammeled, natural, and undeveloped
and would preserve opportunities for solitude or a primitive and
unconfined type of recreation (16 U.S.C. 1131(a));
c. Is wilderness-dependent, for example, a location within a
wilderness area is identified for the proposed activity and there are
no suitable locations outside of a wilderness area (16 U.S.C.
1133(d)(6));
d. Would not involve use of a motor vehicle, motorboat, or
motorized equipment, including landing of aircraft, unless authorized
by the enabling legislation for the wilderness area (36 CFR 261.18(a)
and (c));
e. Would not involve the use of mechanical transport, such as a
hang glider or bicycle, unless authorized by the enabling legislation
for the wilderness area (36 CFR 261.18(b));
f. Would not violate any applicable order (36 CFR 261.57); and
g. Would not advertise any product or service (16 U.S.C. 1133(c)).
3. Regulatory Certifications
Environmental Impact
The proposed directive is incorporating Interim Directive FSH
2709.11, chapter 40, section 45.51b into its parent text at section
45.1c. It will provide guidelines for accepting and denying still
photography and commercial filming applications in congressionally
designated wilderness areas. Agency regulations at 35 CFR 220.6(d)(2)
(73 FR 43093) exclude from documentation in an environmental assessment
or impact statement ``rules, regulations, or policies to establish
[[Page 52628]]
Service-wide administrative procedures, program processes, or
instructions.'' The Agency has concluded that this directive falls
within this category of actions and that no extraordinary circumstances
exist which would require preparation of an environment assessment or
environmental impact statement.
Regulatory Impact
The proposed directive has been reviewed under USDA procedures and
Executive Order 12866 on regulatory planning and review. It has been
determined that this is not an economically significant action. This
action 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 proposed directive will not interfere with an action
taken or planned by another agency, nor will it raise new legal or
policy issues. Finally the proposed directive will not alter the
budgetary impact of entitlement, grant, user fee, or loan programs or
the rights and obligations of beneficiaries of those programs.
The proposed directive has been considered in light of Executive
Order 13272 regarding proper consideration of small entities and the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),
which amended the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). A
small entity flexibility assessment has determined that this action
will not have a significant economic impact on a substantial number of
small entities as defined by SBREFA. This proposed directive focuses on
National Forest System special use permits regarding still photography
and commercial filming in congressionally designated wilderness areas.
Federalism
The Agency has considered this directive under the requirements of
Executive Order 13132 on federalism and has determined that the
proposed directive 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 Agency has determined that no further
assessment of federalism implications is necessary.
Consultation and Coordination With Indian Tribal Governments
In conjunction with Executive Order 13175, entitled ``Consultation
and Coordination with Indian Tribal Governments'' the Agency invited
Tribes to consult on the proposed directive prior to review and comment
by the general public starting November 29, 2013, and ending on April
30, 2014. The consultation process was initiated through written
instructions from the Deputy Chief for the National Forest System to
the Regional Foresters and subsequently to the Forest Supervisors.
Tribes were provided 120 days to discuss the proposed policy.
During that time, Tribal Liaisons and Line Officers were available to
review the proposed directive and answer Tribal concerns.
Through this Tribal consultation, the Agency has assessed the
impact of this proposed directive on Indian Tribes and determined that
it does not have substantial direct or unique effects on Indian Tribes,
on the relationship between the Federal Government and Indian Tribes,
or on the distribution of power and responsibilities between the
Federal Government and Indian Tribes.
The Agency has also determined that the directive does not impose
substantial direct compliance costs on Indian tribal governments or
preempt tribal law.
No Taking Implications
The Agency has analyzed the proposed directive in accordance with
the principles and criteria contained in Executive Order 12630. The
Agency has determined that the proposed directive does not pose the
risk of taking private property.
Civil Justice Reform
The directive has been reviewed under Executive Order 12988 of
February 7th, 1996, ``Civil Justice Reform''. At the time of adoption
of the directives, (1) all State and local laws and regulations that
conflict with the directives or that impede full implementation of the
directives were not preempted; (2) no retroactive effect was given to
the directives; and (3) administrative proceedings are not required
before parties can file suit in court to challenge its provisions.
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandate Reform Act of 1995, (2
U.S.C. 1531-1538) the Agency has assessed the effects of the proposed
directive on State, local and Tribal governments and the private
sector. Therefore a statement under section 202 of the act is not
required.
Energy Effects
The Agency has reviewed the proposed directive under Executive
Order 13211 of May 18, 2001, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.'' The Agency
has determined that the directive does not constitute a significant
energy action as defined in the Executive Order.
Controlling Paperwork Burdens on the Public
The directive does not contain any additional 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 and, therefore, imposes no additional
paperwork burden on the public. Accordingly, the review provisions of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et al.) and its
implementing regulations at 5 CFR part 1320 do not apply.
Dated: August 27, 2014.
Mary Wagner,
Associate Chief, Forest Service.
[FR Doc. 2014-21093 Filed 9-3-14; 8:45 am]
BILLING CODE 3411-15-P