From: Subject: FR Doc 07-3770 Date: Thu, 2 Aug 2007 23:02:24 -0700 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/07-3770.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3138 FR Doc 07-3770 
[Federal Register: August 2, 2007 (Volume 72, Number 148)]
[Notices]              =20
[Page 42378-42381]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02au07-55]                        =20

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DEPARTMENT OF AGRICULTURE

Forest Service

[FSM 2350]

=20
Continental Divide National Scenic Trail

AGENCY: Forest Service, USDA.

ACTION: Notice of extension of public comment period for Proposed=20
Continental Divide National Scenic Trail (CDNST) Directives.

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SUMMARY: The Northern, Rocky Mountain, Southwestern, and Intermountain=20
Regions of the USDA Forest Service are extending the public comment=20
period through October 12, 2007, for the proposed directives for the=20
planning, development, and management of the CDNST. The notice of=20
proposed directives was first published in Federal Register Notice Vol.=20
72, No. 112, on Tuesday, June 12, 2007. After considering comments, the=20
USDA Forest Service proposes to issue a supplemental directive for each=20
Region. The directives would also amend the CDNST Comprehensive Plan of=20
1985.
    Policy direction is needed to clarify the nature and purposes of=20
the CDNST and to align the CDNST planning with USDA Forest Service land=20
management planning processes. The directives would have no effect on=20
the ground until site-specific planning decisions are completed, with=20
additional opportunity for public involvement. Additional information=20
regarding this proposed directive can be found on the Internet at:=20
http://frwe=
bgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3D=
linklog&to=3Dhttp://www.fs.fed.us/cdt.


DATES: Comments are requested and must be submitted on or before=20
October 12, 2007.

FOR FURTHER INFORMATION CONTACT: Greg Warren, CDNST Administrator,=20
(303) 275-5054.
    Written comments concerning this proposal are to be sent to US=20
Forest Service, Attn: CDNST, 740 Simms St, Golden, CO 80401-4720; or=20
via e-mail cdnst@fs.fed.us.
    All comments, including names and addresses, when provided, will be=20
placed in the record and will be available for public inspection and=20
copying. The public may inspect comments received in the office of the=20
Director of Recreation, Heritage, and Wilderness Resources, USDA Forest=20
Service, Rocky Mountain Regional Office, 740 Simms Street, Golden, CO=20
80401, on business days between the hours 8:30 a.m. and 4 p.m. Those=20
wishing to inspect comments are encouraged to call ahead at (303) 275-
5200 to facilitate entry into the building.

SUPPLEMENTARY INFORMATION:=20

Background

    The USDA Forest Service provides internal direction to field units=20
through its Directives System, consisting of the USDA Forest Service=20
Manuals (FSM) and USDA Forest Service Handbooks (FSH). Directives=20
provide guidance to field units in implementing programs established by=20
statute and regulation. USDA Forest Service directives establish agency=20
policies for delegations of authority, consistent definitions of terms,=20
clear and consistent interpretation of regulatory language, and=20
standard processes.
    The USDA Forest Service is requesting comment on policy that=20
promotes the nature and purposes of the CDNST as depicted in the CDNST=20
Study Report and Final Environment Statement. In addition, the=20
directives

[[Page 42379]]

recommend land management planning integration and management direction=20
for the CDNST, and amends the CDNST Comprehensive Plan of 1985.
    The Continental Divide National Scenic Trail is administered by the=20
Secretary of Agriculture in consultation with the Secretary of the=20
Interior. The Regional Forester of the Rocky Mountain Region is the=20
lead Forest Service official coordinating matters concerning the study,=20
planning, and operation of the CDT.
    The issuance of timely direction for the planning and management of=20
the CDNST is important due to the extensive nature of ongoing land=20
management planning and project planning assessments along the trail=20
corridor throughout these four Regions of the USDA Forest Service.=20
These assessments need to provide for the integrated management of the=20
CDNST designated area. Additional information regarding this proposed=20
directive can be found on the Internet at http://frwe=
bgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3D=
linklog&to=3Dhttp://www.fs.fed.us/cdt.

    Because the agency plans to propose additional revisions to USDA=20
Forest Service Manual 2300, chapter 50, proposed directives are issued=20
for comments at this time. The current Forest Service Manual can be=20
found on the Internet at: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=
=3DleavingFR.html&log=3Dlinklog&to=3Dhttp://www.fs.fed.us/im/dire=
ctives/fsm/2300/2350.doc
.

    The proposed directives for the four Regions are as follows:

Digest

    2353.42(4)(5)--Adds policy direction for the Continental Divide=20
National Scenic Trail.
    2353.43(1-11) Planning and Development of the Continental Divide=20
National Scenic Trail (CDNST)--Adds planning and development direction=20
for the CDNST.
    2353.44(1-8) Management of the Continental Divide National Scenic=20
Trail (CDNST)--Adds management direction for the CDNST.

2353.4--Administration of National Scenic and National Historic Trails

2353.42--Policy

    4. The nature and purposes of the Continental Divide National=20
Scenic Trail are to provide for high quality, scenic, primitive hiking=20
and horseback-riding, non-motorized recreational experiences and to=20
conserve natural, historic, and cultural resources along the=20
Continental Divide.
    5. The policy, development, and management direction in this=20
directive amends and supersedes the purpose depiction, management=20
policy, and direction contained in the ``Continental Divide National=20
Scenic Trail Comprehensive Plan'' of 1985.

2353.43--National Scenic and Historic Trail System Development

Planning and Development of the Continental Divide National Scenic=20
Trail (CDNST)

    1. Land Management Planning (FSM 1921) is to provide for the nature=20
and purposes of theCDNST congressionally designated area, and address=20
the Comprehensive Plan programmatic requirements of the National Trails=20
System Act, as amended (Title 16, United States Code, section 1244(f)=20
(16 U.S.C. 1244(f)):
    a. Identify CDNST desired conditions,
    b. Establish CDNST objectives,
    c. Establish CDNST management guidelines,
    d. Establish monitoring programs to evaluate the condition of the=20
CDNST in the land management planning area, and
    e. Where the CDNST travel route is outside the congressionally=20
established wilderness delineate a special area or management area for=20
the trail corridor.
    2. For each land management plan area that encompasses the CDNST, a=20
management plan should be completed to address the site-specific=20
requirements of the National Trails System Act, as amended (16 U.S.C.=20
1244(f)):
    a. Identify and display the located CDNST travel route,
    b. Identify the significant natural, historical, and cultural=20
resources to be preserved along the CDNST corridor,
    c. Identify the carrying capacity for the trail that reflects the=20
nature and purposes of the CDNST,
    d. Provide for CDNST development, signing, and maintenance=20
programs,
    e. Establish monitoring programs to evaluate the condition of each=20
CDNST segment as related to the nature and purposes of the CDNST, and
    f. Where applicable, protect high potential segments until such=20
time that the CDNST is located and delineated as a special area or=20
management area (FMS 2353.43, Planning and Development of the CDNST=20
(1)(e)).
    3. The Scenery Management System (FSM 2382) should be followed when=20
developing land management plans. The foreground zone from the CDNST=20
travel route should be a primary consideration in delineating a CDNST=20
special area or management area.
    4. Use the Recreation Opportunity Spectrum (ROS) system to=20
delineate, define and integrate CDNST recreational opportunities in=20
land management planning (FSM 2311.1). The CDNST should be located in=20
Primitive and Semi-Primitive Non-Motorized ROS settings where available=20
in the land management planning area, while recognizing that the CDNST=20
will intermittently traverse through more developed areas, and across=20
designated motor vehicle use routes (Subpart B--Designation of Roads,=20
Trails, and Areas for Motor Vehicle Use, part 212 Travel Management, of=20
Title 36 Code of the Code of Federal Regulations (36 CFR part 212=20
subpart B)), in order to provide for a continuous travel route between=20
Canada and Mexico along the Continental Divide.
    5. A new segment of the CDNST travel route should only be=20
constructed if current National Forest System trails cannot be managed,=20
maintained, and reconstructed to provide for the nature and purposes of=20
the CDNST.
    6. A CDNST trail segment (16 U.S.C. 1246(c)) is not to be=20
designated for motor vehicle use (36 CFR part 212 subpart B) by the=20
general public, unless such use is consistent with FSM 2353.44,=20
Management of the CDNST (5).
    7. A CDNST segment may only be located on a road (16 U.S.C.=20
1244(5)) where the following conditions are met:
    a. The road is primitive in nature and offers a recreation=20
experiences not materially different in quality than that extended by a=20
bona fide hiking and equestrian trail,
    b. An affirmative determination has been made that motor vehicle=20
use would not substantially interfere with the nature and purposes of=20
the CDNST, and
    c. Motor vehicle use does not constitute a safety hazard to hikers-
pedestrians and equestrians.
    8. Locating the CDNST in wilderness on a National Forest System=20
trail, and marking the travel route at trail junctions with the CDNST=20
marker brand, is consistent with the Wilderness Act (Title 16, United=20
States Code, sections 1131(a) and 1133(b)).
    9. The CDNST should be located on a permanent easement where the=20
trail crosses private land (FSM 5460.3).
    10. The CDNST should be designed following the Pack-and-Saddle=20
Trail Class 2 or 3 design parameters when constructed or reconstructed=20
(FSH 2309.18). However, a CDNST segment may be designed following the=20
Hiker-Pedestrian Trail Class 1, 2, or 3 design parameters where there=20
exists a substantial safety or resource concern, or the overall=20
management direction for the land management plan area only provides=20
for Hiker-Pedestrian use.

[[Page 42380]]

2353.44--Management of National Scenic and National Historic Trails

Management of the Continental Divide National Scenic Trail (CDNST)

    1. Scenery should be managed following the Scenery Management=20
System (FSM 2380). The CDNST is a concern level 1 travel route, and=20
scenic integrity objective is to be high or very high.
    2. Use the Recreation Opportunity Spectrum (ROS) system (FSM=20
2311.1) in the management of the CDNST corridor. The CDNST is to be=20
managed primarily for Primitive and Semi-Primitive Non-Motorized ROS=20
conditions and experiences.
    3. The CDNST should be managed for both Pack-and-Saddle and Hiker-
Pedestrian uses (FSH 2309.18). However, where the trail design=20
parameters reflect only Hiker-Pedestrian use, the managed use should be=20
only Hiker-Pedestrian.
    4. Motor vehicle use may be allowed on a trail segment of the CDNST=20
(Title 16 United States Code, section 1246(c) (16 U.S.C. 1246(c)):
    a. If necessary to meet emergencies,
    b. To enable adjacent landowners or land users to have reasonable=20
access to their lands or where there are existing valid rights, and
    c. On a designated motor vehicle use route (36 CFR part 212 subpart=20
B) that crosses the CDNST where an affirmative determination has been=20
made that such use would not substantially interfere with the nature=20
and purposes of the CDNST.
    d. In addition to one of the above three situations being met,=20
motor vehicle use must also be allowed by the overall management=20
direction for the land management plan area.
    e. Motor vehicle use is also allowed on a trail segment if such use=20
is consistent with FSM 2353.44, Management of the CDNST (5).
    5. Motor vehicle use shall be allowed on a trail segment of the=20
CDNST where the following conditions are met (16 U.S.C. 1246(c)):
    a. An affirmative determination has been made that motor vehicle=20
use would not substantially interfere with the nature and purposes of=20
the CDNST, and
    b. Motor vehicle use was allowed by administrative regulations on a=20
National Forest System travel route that was developed prior to=20
November 10, 1978, which is the time of designation of the CDNST by=20
Public Law 95-625.
    c. In addition to both of the above two situations being met, motor=20
vehicle use must also be allowed by the overall management direction=20
for the land management plan area.
    d. Motor vehicle use may also be allowed on a trail segment if such=20
use is consistent with FSM 2353.44, Management of the CDNST (4).
    6. Where motor vehicle use is allowed on a road segment (16 U.S.C.=20
1244(5)) or trail segment (16 U.S.C. 1246(c)) of the CDNST, consider=20
establishing motor vehicle use prohibitions and restrictions (part 261-
Prohibitions, of Title 36 Code of Federal Regulations (36 CFR part=20
261)) to mitigate the effects of such use on the nature and purposes of=20
the CDNST. Management practices and actions that would promote or=20
result in increased motor vehicle use ont he CDNST should not occur.
    7. Bicycle (mountain bike) use may only be allowed on a trail=20
segment of the CDNST where the following conditions are met (16 U.S.C.=20
1246(c)):
    a. An affirmative determination has been made that bicycle use=20
would not substantially interfere with the nature and purposes of the=20
CDNST, and
    b. Bicycles must also be allowed by the overall management=20
direction for the land management plan area.
    8. Where bicycle (mountain bike) use is allowed on the CDNST,=20
consider establishing bicycle use prohibitions and restrictions (36 CFR=20
part 261) to mitigate the effects of such use on the nature and=20
purposes of the CDNST. Management practices and actions that would=20
promote or result in increased bicycle use on the CDNST should not=20
occur.

Regulatory Certifications

Environmental Impact

    The directives would provide policy and procedural guidance to=20
agency officials implementing the National Trails System Act. CDNST=20
management decisions implementing the directives would include=20
appropriate site-specific environmental analysis and public=20
involvement. The directives would have no effect on the ground until=20
site-specific planning decisions are completed, with opportunity for=20
public involvement. Section 31b of USDA Forest Service Handbook 1909.15=20
(57 FR 43180, September 18, 1992) excludes from documentation in an=20
environmental assessment or environmental impact statement ``rules,=20
regulations, or policies to establish Service-wide administrative=20
procedures, program processes, or instructions.'' The agency's=20
conclusion is that the directives fall within this category of actions=20
and that no extraordinary circumstances exist which would require=20
preparation of an environmental assessment or environmental impact=20
statement.

Regulatory Impact

    The directives have been reviewed under USDA procedures and=20
Executive Order (E.O.) 12866 on regulatory planning and review. The=20
directives would not have an annual effect of $100 million or more on=20
the economy, nor would it adversely affect productivity, competition,=20
jobs, the environment, public health and safety, or State and local=20
governments. The directives would not interfere with any action taken=20
or planned by another agency, nor would they raise new legal or policy=20
issues. Finally, the directives would not alter the budgetary impact of=20
entitlements, grants, user fees, or loan programs or the rights and=20
obligations of beneficiaries of such programs. Accordingly, the=20
directives are not subject to OMB review under E.O. 12866.

Regulatory Flexibility Act Analysis

    The directives have been considered in light of the Regulatory=20
Flexibility Act (5 U.S.C. 602 et seq.). The directives would not have=20
any effect on small entities as defined by the Regulatory Flexibility=20
Act. The directives would not directly affect small businesses, small=20
organizations, and small governmental jurisdictions. Therefore, the=20
agency has determined that the directives would not have a significant=20
economic impact on a substantial number of small entities pursuant to=20
the Regulatory Flexibility Act because the directives would not impose=20
record-keeping requirements on them; the directives would not affect=20
their competitive position in relation to large entities; and it would=20
not affect their cash flow, liquidity, or ability to remain in the=20
market.

No Takings Implications

    The directives have been analyzed in accordance with the principles=20
and criteria contained in E.O. 12630. It has been determined that the=20
directives would not pose the risk of a taking of private property.

Federalism and Consultation and Coordination With Indian Tribal=20
Governments

    The agency has considered the directives under the requirements of=20
E.O. 13132 on federalism, and has determined that the directives=20
conform with the federalism principles set out in this E.O.; would not=20
impose any compliance costs on the States; and would not have=20
substantial direct effects on the States, the relationship between the=20
Federal government and the States, or the distribution of power and=20
responsibilities among the various

[[Page 42381]]

levels of government. Therefore, the agency has determined that no=20
further assessment of federalism implications is necessary.
    Moreover, the directives would not have Tribal implications as=20
defined by E.O. 13175, Consultation and Coordination With Indian Tribal=20
Governments, and therefore advance consultation with Tribes is not=20
required.

Energy Effects

    The directives have been reviewed under E.O. 13211 of May 18, 2001,=20
Actions Concerning Regulations That Significantly Affect the Energy=20
Supply. It has been determined that the directives would not constitute=20
a significant energy action as defined in the E.O.

Unfunded Mandates

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2=20
U.S.C. 1531-1538), which the President signed into law on March 22,=20
1995, the agency has assessed the effects of the directives on State,=20
local, and Tribal governments and the private sector. The directives=20
would not compel the expenditure of $100 million or more by an State,=20
local, or Tribal government or anyone in the private sector. Therefore,=20
a statement under section 202 of the act is not required.

Controlling Paperwork Burdens on the Public

    These directives do not contain any record-keeping or reporting=20
requirements or other information collection requirements as defined in=20
5 CFR part 1320 that are not already required by law or not already=20
approved for use. Accordingly, the review provisions of the Paperwork=20
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its implementing=20
regulations at 5 CFR part 1320 do not apply.

    Dated: July 26, 2007.
Richard Stem,
Deputy Regional Forester.
[FR Doc. 07-3770 Filed 8-1-07; 8:45 am]

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