This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

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rulings, delegations of authority, filing of

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statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

32276 

Vol. 72, No. 112 

Tuesday, June 12, 2007 

DEPARTMENT OF AGRICULTURE 

Forest Service 

[FSM 2350] 

Northern, Rocky Mountain, 

Southwestern, and Intermountain 

Regions Continental Divide National 

Scenic Trail 

AGENCY: Forest Service, USDA 

ACTION: Notice—Proposed directives; 

request for comment. 

SUMMARY: The Northern, Rocky 

Mountain, Southwestern, and 

Intermountain Regions of the USDA 

Forest Service are considering issuing 

directives, and are requesting 

comments, for the planning, 

development, and management of the 

Continental Divide National Scenic 

Trail (CDNST). After considering 

comments, the USDA Forest Service 

proposes to issue a supplemental 

directive for each Region. The directives 

would also amend the CDNST 

Comprehensive Plan of 1985. 

Policy direction is needed to clarify 

the nature and purposes of the CDNST 

and to align the CDNST planning with 

USDA Forest Service land management 

planning processes. 

DATES: Comments are requested and 

must be submitted on or before August 

13, 2007. 

FOR FURTHER INFORMATION CONTACT: Greg 

Warren, CDNST Administrator, (303) 

275–5054. 

Written comments concerning this 

proposal are to be sent to USDA Forest 

Service, Attn: CDNST, P.O. Box 25127, 

Lakewood, CO 80225–0127; delivered to 

740 Simms, Golden, CO 80401; or via email to cdnst@fs.fed.us. 

All comments, including names and 

addresses, when provided, will be 

placed in the record and will be 

available for public inspection and 

copying. The public may inspect 

comments received in the office of the 

Director of Recreation, Heritage, and 

Wilderness Resources, USDA Forest 

Service, Rocky Mountain Regional 

Office, 740 Simms, Golden, CO 80401, 

on business days between the hours of 

8:30 a.m. and 4 p.m. Those wishing to 

inspect comments are encouraged to call 

ahead at (303) 275–5200 to facilitate 

entry into the building. 

SUPPLEMENTARY INFORMATION: 

Background 

The USDA Forest Service provides 

internal direction to field units through 

its Directives System, consisting of the 

USDA Forest Service Manuals (FSM) 

and USDA Forest Service Handbooks 

(FSH). Directives provide guidance to 

field units in implementing programs 

established by statute and regulation. 

USDA Forest Service directives 

establish agency policies for delegations 

of authority, consistent definitions of 

terms, clear and consistent 

interpretation of regulatory language, 

and standard processes. 

The USDA Forest Service is 

requesting comment on policy that 

promotes the nature and purposes of the 

CDNST as depicted in the CDNST Study 

Report and Final Environment 

Statement. In addition, the directives 

recommend land management planning 

integration and management direction 

for the CDNST, and amends the CDNST 

Comprehensive Plan of 1985. 

The Continental Divide National 

Scenic Trail is administered by the 

Secretary of Agriculture in consultation 

with the Secretary of the Interior. The 

Regional Forester of the Rocky 

Mountain Region is the lead Forest 

Service official for coordinating matters 

concerning the study, planning, and 

operation of the CDT. 

The issuance of timely direction for 

the planning and management of the 

CDNST is important due to the 

extensive nature of ongoing land 

management planning and project 

planning assessments along the trail 

corridor throughout these four Regions 

of the USDA Forest Service. These 

assessments need to provide for the 

integrated management of the CDNST 

designated area. Additional information 

regarding this proposed directive can be 

found on the Internet at http:// 

www.fs.fed.us/r2/projects/ 

cdnst_directive/. 

Because the agency plans to propose 

additional revisions to USDA Forest 

Service Manual 2300, chapter 50, 

proposed directives are issued for 

comments at this time. The current 

Forest Service Manual can be found on 

the Internet at: http://www.fs.fed.us/im/ 

directives/fsm/. 

Digest 

2353.42(4)(5)—Adds policy direction 

for the Continental Divide National 

Scenic Trail. 

2353.43(1–11) Planning and 

Development of the Continental Divide 

National Scenic Trail (CDNST)—Adds 

planning and development direction for 

the CDNST. 

2353.44(1–8) Management of the 

Continental Divide National Scenic 

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 Scenic 

Trail are to provide for high quality, 

scenic, primitive hiking and horsebackriding, non-motorized recreational 

experiences and to conserve natural, 

historic, and cultural resources along 

the Continental Divide. 

5. The policy, development, and 

management direction in this directive 

amends and supersedes the purpose 

depiction, management policy, and 

direction contained in the ‘‘Continental 

Divide National Scenic Trail 

Comprehensive Plan’’ of 1985. 

2353.43—National Scenic and Historic 

Trail System Development 

Planning and Development of the 

Continental Divide National Scenic 

Trail (CDNST) 

1. Land Management Planning (FSM 

1921) is to provide for the nature and 

purposes of the CDNST congressionally 

designated area, and address the 

Comprehensive Plan programmatic 

requirements of the National Trails 

System Act, as amended (Title 16, 

United States Code, section 1244(f) (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 CDNST in 

the land management planning area, 

and 


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Federal Register / Vol. 72, No. 112 / Tuesday, June 12, 2007 / Notices 32277 

e. Where the CDNST travel route is 

outside of congressionally established 

wilderness delineate a special area or 

management area for the trail corridor. 

2. For each land management plan 

area that encompasses the CDNST, a 

management plan should be completed 

to address the site-specific requirements 

of the National Trails System Act, as 

amended (16 U.S.C. 1244(f)): 

a. Identify and display the located 

CDNST travel route, 

b. Identify the significant natural, 

historical, and cultural resources to be 

preserved along the CDNST corridor, 

c. Identify the carrying capacity for 

the trail that reflects the nature and 

purposes of the CDNST, 

d. Provide for CDNST development, 

signing, and maintenance programs, 

e. Establish monitoring programs to 

evaluate the condition of each CDNST 

segment as related to the nature and 

purposes of the CDNST, and 

f. Where applicable, protect high 

potential segments until such time that 

the CDNST is located and delineated as 

a special area of management area (FSM 

2353.43, Planning and Development of 

the CDNST (1)(e)). 

3. The Scenery Management System 

(FSM 2382) should be followed when 

developing land management plans. The 

foreground zone from the CDNST travel 

route should be a primary consideration 

in delineating a CDNST special area or 

management area. 

4. Use the Recreation Opportunity 

Spectrum (ROS) system to delineate, 

define, and integrate CDNST 

recreational opportunities in land 

management planning (FSM 2311.1). 

The CDNST should be located in 

Primitive and Semi-Primitive NonMotorized ROS settings where available 

in the land management planning area, 

while recognizing that the CDNST will 

intermittently traverse through more 

developed areas, and across designated 

motor vehicle use routes (Subpart B—

Designation of Roads, Trails, and Areas 

for Motor Vehicle Use, Part 212 Travel 

Management, of Title 36 Code of the 

Code of Federal Regulations (36 CFR 

212 subpart B)), in order to provide for 

a continuous travel route between 

Canada and Mexico along the 

Continental Divide. 

5. A new segment of the CDNST travel 

route should only be constructed if 

current National Forest System trails 

cannot be managed, maintained, and 

reconstructed to provide for the nature 

and purposes of the CDNST. 

6. A CDNST trail segment (16 U.S.C. 

1246(c)) is not to be designated for 

motor vehicle use (36 CFR 212 subpart 

B) by the general public, unless such 

use is consistent with FSM 2353.44, 

Management of the CDNST (5). 

7. A CDNST segment may only be 

located on a road (16 U.S.C. 1244(5)) 

where the following conditions are met: 

a. The road is primitive in nature and 

offers a recreation experience not 

materially different in quality than that 

extended by a bona fide hiking and 

equestrian trail, 

b. An affirmative determination has 

been made that motor vehicle use would 

not substantially interfere with the 

nature and purposes of the CDNST, and 

c. Motor vehicle use does not 

constitute a safety hazard to hikerspedestrians and equestrians. 

8. Locating the CDNST in wilderness 

on a National Forest System trail, and 

marking the travel route at trail 

junctions with the CDNST marker 

brand, is consistent with the Wilderness 

Act (Title 16, United States Code, 

1131(a) and 1133(b)). 

9. The CDNST should be located on 

a permanent easement where the trail 

crosses private land (FSM 5460.3). 

10. The CDNST should be designed 

following the Pack-and-Saddle Trail 

Class 2 or 3 design parameters when 

constructed or reconstructed (FSH 

2309.18). However, a CDNST segment 

may be designed following the HikerPedestrian Trail Class 1, 2, or 3 design 

parameters where there exists a 

substantial safety or resource concern, 

or the overall management direction for 

the land management plan area only 

provides for Hiker-Pedestrain use. 

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 

System (FSM 2380)). The CDNST is a 

concern level 1 travel route, and scenic 

integrity objective is to be high or very 

high. 

2. Use the Recreation Opportunity 

Spectrum (ROS) system (FSM 2311.1) in 

the management of the CDNST corridor. 

The CDNST is to be managed primarily 

for Primitive and Semi-Primitive NonMotorized ROS conditions and 

experiences. 

3. The CDNST should be managed for 

both Pack-and-Saddle and HikerPedestrian uses (FSH 2309.18). 

However, where the trail design 

parameters reflect only Hiker-Pedestrian 

use, the management use should be only 

Hiker-Pedestrian. 

4. Motor vehicle use may be allowed 

on a trail segment of the CDNST (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 access to 

their lands or where there are existing 

valid rights, and 

c. On a designated motor vehicle use 

route (36 CFR 212 subpart B) that 

crosses the CDNST where an affirmative 

determination has been made that such 

use would not substantially interfere 

with the nature and purposes of the 

CDNST. 

d. In addition to one of the above 

three situations being met, motor 

vehicle use must also be allowed by the 

overall management direction for the 

land management plan area. 

e. Motor vehicle use is also allowed 

on a trail segment if such use is 

consistent with FSM 2353.44, 

Management of the CDNST (5). 

5. Motor vehicle use shall be allowed 

on a trail segment of the CDNST where 

the following conditions are met (16 

U.S.C. 1246(c)): 

a. An affirmative determination has 

been made that motor vehicle use would 

not substantially interfere with the 

nature and purposes of the CDNST, and 

b. Motor vehicle use was allowed by 

administrative regulations on a National 

Forest System travel route that was 

developed prior to November 10, 1978, 

which is the time of designation of the 

CDNST by Public Law 95–625. 

c. In addition to both of the above two 

situations being met, motor vehicle use 

must also be allowed by the overall 

management direction for the land 

management plan area. 

d. Motor vehicle use may also be 

allowed on a trail segment if such 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. 1244(5)) or 

trail segment (16 U.S.C. 1246(c)) of the 

CDNST, consider establishing motor 

vehicle use prohibitions and restrictions 

(Part 261—Prohibitions, of Title 36 Code 

of Federal Regulations (36 CFR part 

261)) to mitigate the effects of such use 

on the nature and purposes of the 

CDNST. Management practices and 

actions that would promote or result in 

increased motor vehicle use on the 

CDNST should not occur. 

7. Bicycle (mountain bike) use may 

only be allowed on a trail segment of the 

CDNST where the following conditions 

are met (16 U.S.C. 1246(c)): 

a. An affirmative determination has 

been made that bicycle use would not 

substantially interfere with the nature 

and purposes of the CDNST, and 

b. Bicycles must also be allowed by 

the overall management direction for 

the land management plan area. 


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32278 Federal Register / Vol. 72, No. 112 / Tuesday, June 12, 2007 / Notices 

8. Where bicycle (mountain bike) use 

is allowed on the CDNST, consider 

establishing bicycle use prohibitions 

and restrictions (36 CFR part 261) to 

mitigate the effects of such use on the 

nature and purposes of the CDNST. 

Management practices and actions that 

would promote or result in increased 

bicycle use on the CDNST should not 

occur. 

Regulatory Certifications 

Environmental Impact 

The directives would provide policy 

and procedural guidance to agency 

officials implementing the National 

Trails System Act. CDNST management 

decisions implementing the directives 

would include appropriate site-specific 

environmental analysis and public 

involvement. The directives would have 

no effect on the ground until sitespecific planning decisions are 

completed, with opportunity for public 

involvement. Section 31b of USDA 

Forest Service Handbook 1909.15 (57 FR 

43180, September 18, 1992) excludes 

from documentation in an 

environmental assessment or 

environmental impact statement ‘‘rules, 

regulations, or policies to establish 

Service-wide administrative procedures, 

program processes, or instructions.’’ The 

agency’s conclusion is that the 

directives fall within this category of 

actions and that no extraordinary 

circumstances exist which would 

require preparation of an environmental 

assessment or environmental impact 

statement. 

Regulatory Impact 

The directives have been reviewed 

under USDA procedures and Executive 

Order (E.O.) 12866 on regulatory 

planning and review. The directives 

would not have an annual effect of $100 

million or more on the economy, nor 

would it adversely affect productivity, 

competition, jobs, the environment, 

public health and safety, or State and 

local governments. The directives 

would not interfere with any action 

taken or planned by another agency, nor 

would they raise new legal or policy 

issues. Finally, the directives would not 

alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

beneficiaries of such programs. 

Accordingly, the 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 Flexibility Act 

(5 U.S.C. 602 et seq.). The directives 

would not have any effect on small 

entities as defined by the Regulatory 

Flexibility Act. The directives would 

not directly affect small businesses, 

small organizations, and small 

governmental jurisdictions. Therefore, 

the agency has determined that the 

directives would not have a significant 

economic impact on a substantial 

number of small entities pursuant to the 

Regulatory Flexibility Act because the 

directives would not impose recordkeeping requirements on them; the 

directives would not affect their 

competitive position in relation to large 

entities; and it would not affect their 

cash flow, liquidity, or ability to remain 

in the market. 

No Takings Implications 

The directives have been analyzed in 

accordance with the principles and 

criteria contained in E.O. 12630. It has 

been determined that the directives 

would not pose the risk of a taking of 

private property. 

Federalism and Consultation and 

Coordination With Indian Tribal 

Governments 

The agency has considered the 

directives under the requirements of 

E.O. 13132 on federalism, and has 

determined that the directives conform 

with the federalism principles set out in 

this E.O.; would not impose any 

compliance costs on the States; and 

would 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. 

Moreover, the directives would not 

have Tribal implications as defined by 

E.O. 13175, Consultation and 

Coordination With Indian Tribal 

Governments, and therefore advance 

consultation with Tribes is not required. 

Energy Effects 

The directives have been reviewed 

under E.O. 13211 of May 18, 2001, 

Actions Concerning Regulations That 

Significantly Affect the Energy Supply. 

It has been determined that the 

directives would not constitute 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 U.S.C. 

1531–1538), which the President signed 

into law on March 22, 1995, the agency 

has assessed the effects of the directives 

on State, local, and Tribal governments 

and the private sector. The directives 

would 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 

These directives do not contain any 

recordkeeping 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 of 1995 

(44 U.S.C. 3501 et seq.) and its 

implementing regulations at 5 CFR part 

1320 do not apply. 

Dated: June 1, 2007. 

Richard Stem, 

Deputy Regional Forester. 

[FR Doc. 07–2840 Filed 6–11–07; 8:45 am] 

BILLING CODE 3410–11–M 

DEPARTMENT OF COMMERCE 

Foreign–Trade Zones Board 

[Docket 21–2007] 

Foreign–Trade Zone 65 – Panama City, 

FL, Application for Subzone Status, 

Eastern Shipbuilding Group, Inc., 

(Shipbuilding) 

An application has been submitted to 

the Foreign–Trade Zones Board (the 

Board) by the Port of Panama City, 

Florida, grantee of FTZ 65, requesting 

special–purpose subzone status for the 

shipbuilding facilities of Eastern 

Shipbuilding Group (ESG), in Panama 

City, Florida. The application was 

submitted pursuant to the provisions of 

the Foreign–Trade Zones Act, as 

amended (19 U.S.C. 81a–81u), and the 

regulations of the Board (15 CFR Part 

400). It was formally filed on June 5, 

2007. 

The proposed subzone would 

comprise ESG’s facilities at two sites in 

Bay County, Florida: Site 1 ‘‘Nelson 

Street Shipyard’’ (27.2 acres/4 parcels/ 

82,500 sq.ft.) – 2200 Nelson Street, 

Panama City, Florida; and, Site 2 

‘‘Allanton Shipyard’’ (142.5 acres, 

67,300 sq.ft.) – 13300 Allanton Road, 

Panama City, located 15 miles southeast 

of Site 1. The ESG facilities (580 

employees) are used for the 

construction, fabrication, and repair of 

commercial and military oceangoing 

vessels for domestic and international 

customers. Foreign components that 


cprice-sewell on PROD1PC67 with NOTICES