Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Proposed Rules 68035 

rule as being available in the docket, 

find the docket as described in the 

previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. Also, if you click 

on the’’ Dockets’’ tab and then the 

proposed rule, you should see a 

‘‘Subscribe’’ option for email alerts. 

Selecting this option will enable 

notifications when comments are 

posted, or if/when a final rule is 

published. 

We review all comments received, but 

we will only post comments that 

address the topic of the proposed rule. 

We may choose not to post off-topic, 

inappropriate, or duplicate comments 

that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions in response to this 

document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

DHS Delegation No. 0170.1, Revision No. 

01.3. 

■ 2. Amend § 117.799 by: 

■ a. Staying paragraph (h) until 3:30 

p.m. on May 15, 2024. 

■ b. Adding paragraph (k). 

The addition to read as follows: 

§ 117.799 Long Island, New York Inland 

Waterway from East Rockaway Inlet to 

Shinnecock Canal. 

* * * * * 

(k) The draw of the Meadowbrook 

State Parkway Bridge across Sloop 

Channel, mile 12.8, shall operate on 

single leaf openings until May 15, 2024. 

The draw will open for commercial 

vessels engaged in commerce and shall 

open Monday through Friday from 6:20 

a.m. to 9:50 a.m. and 3:20 p.m. to 7:20 

p.m. on signal at 20 and 50 minutes 

after the hour, and on signal at all other 

times. For all other vessels, the draw 

shall open on Monday thru Friday from 

6:20 a.m. to 7:20 p.m. on signal at 20 

and 50 minutes after the hour, and the 

draw shall open on Saturday, Sunday, 

and Federal holidays from 7:20 a.m. to 

8:20 p.m. on signal at 20 and 50 minutes 

after the hour, and on signal at all other 

times. 

Dated: August 21, 2023. 

J.W. Mauger, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2023–21754 Filed 9–28–23; 4:15 pm] 

BILLING CODE 9110–04–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 261 

RIN 0596–AD57 

Law Enforcement; Criminal 

Prohibitions 

AGENCY: Forest Service, Agriculture. 

ACTION: Proposed rule; request for 

public comment. 

SUMMARY: The Forest Service (Forest 

Service or Agency), United States 

Department of Agriculture, is proposing 

to revise the Forest Service’s criminal 

prohibitions to enhance consistency of 

the Forest Service’s law enforcement 

practices with those of State and other 

Federal land management agencies. The 

Forest Service is proposing to 

streamline enforcement of criminal 

prohibitions in related to fire and use of 

vehicles on National Forest System 

roads and trails by eliminating the 

requirement to issue an order for 

enforcement. 

DATES: Comments on the proposed rule 

must be received in writing by 

December 4, 2023. 

ADDRESSES: Comments, identified by 

RIN 0596–AD57, may be submitted via 

one of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for sending comments. 

2. Mail: Director, Law Enforcement 

and Investigations Staff, Mail Stop 1140, 

1400 Independence Avenue SW, 

Washington, DC 20250–1140. 

3. Hand Delivery/Courier: Director, 

Law Enforcement and Investigations 

Staff, Room 1SC, 201 14th Street SW, 

Washington, DC. 

Comments should be confined to 

issues pertinent to the proposed rule; 

should explain the reasons for any 

recommended changes; and should 

reference the specific section and 

wording being addressed, where 

possible. All timely comments, 

including names and addresses when 

provided, will be placed in the record 

and will be available for public review 

and copying. The public may review 

comments at the Office of the Director, 

Law Enforcement and Investigations 

Staff, Room 1SC, 201 14th Street SW, 

Washington, DC, during normal 

business hours. Visitors are encouraged 

to call ahead to 703–605–4730 to 

facilitate entry into the building. 

Comments may also be viewed on the 

Federal eRulemaking Portal at https://

www.regulations.gov. In the search box, 

enter ‘‘RIN 0596–AD57,’’ and click the 

‘‘Search’’ button. 

FOR FURTHER INFORMATION CONTACT: 

Gene Smithson, Assistant Director— 

Investigations, Law Enforcement and 

Investigations Staff, 703–605–4730 or 

wilmer.smithson@usda.gov. Individuals 

who use telecommunication devices for 

the hearing impaired may call the 

Federal Relay Service at 800–877–8339 

between 8:00 a.m. and 8:00 p.m. Eastern 

Time, Monday through Friday. 

SUPPLEMENTARY INFORMATION: 

Background and Need 

This proposed rule would revise 

certain criminal prohibitions in 36 CFR 

part 261, subpart A, to enhance 

consistency of the Forest Service’s law 

enforcement practices with those of 

State and other Federal land 

management law enforcement agencies. 

In addition, this proposed rule would 

streamline enforcement of some of the 

criminal prohibitions found in 36 CFR 

part 261, subpart B, which are 

enforceable only through issuance of an 

order, by moving them to 36 CFR part 

261, subpart A, which contains criminal 

prohibitions that are enforceable 

without issuance of an order. 

Forest Service law enforcement 

personnel continue to encounter a 

significant volume of violations for 

simple possession of controlled 

substances and drug paraphernalia. 

Agency personnel routinely deal with 

under-age alcohol possession on 

National Forest System (NFS) lands. 

These violations pose a threat to the 

safety of visitors to NFS lands as well 

as to Forest Service personnel. This 

proposed rule would enhance the Forest 

Service’s authority to address public 

safety issues by adding prohibitions 

relating to controlled substances, drug 

paraphernalia, and alcoholic beverages. 

These proposed prohibitions would 

enable the Forest Service to enforce 

more effectively violations on NFS 

lands for simple possession of 

controlled substances, possession of 

alcoholic beverages in violation of State 

law (for open containers or under-age 


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68036 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Proposed Rules 

drinking), and furnishing alcoholic 

beverages to minors. The proposed rule 

also would authorize the Forest Service 

to enforce violations for the possession 

of drug paraphernalia if prohibited by 

State law. These proposed changes are 

intended to align the Forest Service’s 

law enforcement practices more closely 

with those of State and local law 

enforcement agencies. 

Additionally, the proposed rule 

would update the prohibitions to 

enhance protection of persons visiting 

and working on NFS lands from theft of 

personal property and from disorderly 

conduct by other visitors. The proposed 

rule would enhance enforcement of 

wildfire prevention prohibitions by 

moving them from 36 CFR part 261, 

subpart B, which requires issuance of an 

order, to 36 CFR part 261, subpart A, 

which does not, and by adding a 

prohibition banning exploding targets 

year-round. The proposed rule also 

would make other revisions such as 

updating the prohibitions relating to offroad vehicles and updating the penalty 

for violating the criminal prohibitions in 

36 CFR part 261 consistent with current 

statutory law. 

Proposed revisions to specific types of 

public safety prohibitions are discussed 

below. 

Prohibition Relating to Controlled 

Substances 

It is a violation of Federal law for a 

person knowingly or intentionally to 

possess controlled substances (21 U.S.C. 

844(a)). Forest Service law enforcement 

officers enforce 21 U.S.C. 844(a) on NFS 

lands, and in some circumstances off 

these lands, under the National Forest 

System Drug Control Act of 1986 (16 

U.S.C. 559b–559g). A violation of 21 

U.S.C. 844(a) without aggravating 

factors is classified as a Class A 

misdemeanor. With aggravating factors, 

this type of violation is classified as a 

felony (18 U.S.C. 3559(a)). 

Violations of 21 U.S.C. 844(a) require 

referral to the appropriate United States 

Attorney’s Office for the filing of a 

complaint or information and 

prosecution before a United States 

District Court judge. Guidelines 

established by the United States 

Attorney’s Office for prosecutions under 

21 U.S.C. 844(a) are based upon the 

amount of the controlled substance 

involved in the violation. In many 

instances, violations for simple 

possession of a controlled substance on 

NFS lands are not prosecuted under 21 

U.S.C. 844(a) because they involve small 

amounts that are insufficient to meet 

these prosecutorial guidelines. 

The Forest Service’s criminal 

prohibitions at 36 CFR part 261, subpart 

A, do not expressly prohibit the 

possession of controlled substances on 

NFS lands. To provide an alternative to 

proceeding under 21 U.S.C. 844(a), the 

Forest Service is proposing to revise 36 

CFR part 261, subpart A, to prohibit 

knowingly or intentionally possessing a 

controlled substance in violation of 

Federal law. The proposed rule also 

would add a definition for the term 

‘‘controlled substance’’ that tracks the 

definition of that term in the Controlled 

Substances Act (21 U.S.C. 801 et seq.). 

With these changes, the possession of 

small amounts of a controlled substance 

could be handled through issuance of a 

notice of violation by a Forest Service 

law enforcement officer and prosecution 

before a United States magistrate judge 

and would be classified as a Class B 

misdemeanor. Forest Service law 

enforcement personnel would continue 

to refer cases involving larger amounts 

of controlled substances that meet 

prosecutorial guidelines to the 

appropriate United States Attorney’s 

Office. 

Prohibition Relating to Drug 

Paraphernalia 

Possession of drug paraphernalia is 

not a violation of Federal law (see 21 

U.S.C. 863(d)). Some States prohibit 

possession of drug paraphernalia only if 

it contains the residue of a controlled 

substance. Other States prohibit 

possession of drug paraphernalia even if 

it does not contain the residue of a 

controlled substance. The proposed rule 

would add a prohibition that would 

prohibit knowingly or intentionally 

possessing drug paraphernalia in either 

situation when it is in violation of State 

law. 

Prohibitions Relating to Alcoholic 

Beverages 

The Forest Service has limited 

authority in 36 CFR part 261 to address 

underage drinking and other violations 

of State law relating to alcoholic 

beverages, such as State laws 

prohibiting open containers of alcoholic 

beverages and furnishing alcoholic 

beverages to minors. The current 

authority is contained in 36 CFR 

261.58(bb), which prohibits possession 

of an alcoholic beverage as defined by 

State law when enforced through 

issuance of an order issued under 36 

CFR part 261, subpart B. The proposed 

rule would add two prohibitions 

relating to alcoholic beverages 

(possessing an alcoholic beverage in 

violation of State law and providing an 

alcoholic beverage to a minor in 

violation of State law) to 36 CFR part 

261, subpart A. These changes would 

make the prohibitions generally 

applicable to NFS lands and enforceable 

without issuance of an order. These 

proposed changes are intended to allow 

the Forest Service to address more 

effectively the use of NFS lands at 

gatherings where alcoholic beverages 

are consumed by giving Forest Service 

law enforcement officers the same 

enforcement options as their State and 

local counterparts. 

The prohibition in 36 CFR 261.58(bb) 

would be retained to allow the Forest 

Service to prohibit consumption of 

alcoholic beverages temporarily in 

specific areas of NFS lands when 

appropriate to protect public safety, 

such as at a large event, regardless of 

whether consumption of alcoholic 

beverages is in violation of State law. 

Protection of Persons on NFS Lands 

Both Federal and State laws apply to 

the national forests (16 U.S.C. 480). 

Generally, States enforce State laws, 

while Forest Service law enforcement 

personnel enforce Federal laws, 

including the criminal prohibitions in 

36 CFR part 261, subparts A and C, and 

in orders issued under 36 CFR part 261, 

subpart B. In most cases, the Federal 

laws and prohibitions relate to the 

Agency’s resource protection 

responsibilities. However, with the 

urbanization and development of areas 

near NFS lands, crimes against persons 

and personal property have become an 

increasing public safety concern. 

The Forest Service cooperates with 

State and local law enforcement 

agencies in the execution of their 

responsibilities related to NFS lands. 

Under the Cooperative Law 

Enforcement Act of 1971 (16 U.S.C. 

551a), the Forest Service has entered 

into reimbursable agreements with some 

State and local law enforcement 

agencies (usually a county sheriff’s 

office) for the protection of persons and 

their property on NFS lands where these 

lands and facilities account for 

increased visitor use. 

Over time, however, it has become 

evident that reimbursement through the 

cooperative law enforcement program 

alone cannot always provide for the 

appropriate level of protection. Many 

local law enforcement agencies find that 

their limited personnel, the remote 

location of NFS lands, and the seasonal 

nature of use those lands receive 

impede rapid response to crimes 

committed on NFS lands. When a 

person is victimized by theft of or 

damage to personal property on NFS 

lands—for example at a campsite or a 

trailhead parking lot—and State or local 

enforcement personnel are unable to 

respond, Forest Service law 

enforcement personnel have limited 


ddrumheller on DSK120RN23PROD with PROPOSALS1
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authority to assist. The proposed rule 

would add a prohibition that would 

allow Forest Service law enforcement 

personnel to take appropriate action in 

response to theft of or damage to 

personal property on NFS lands. 

To protect persons on NFS lands, the 

proposed rule also would revise the 

prohibitions relating to disorderly 

conduct. A significant increase in 

visitation to national forests and 

grasslands has coincided with an 

increase in incidents of public behavior 

that threatens the safety of others. Forest 

Service law enforcement personnel 

frequently encounter situations in 

which a person makes lewd or obscene 

comments to another person; follows 

another person around, including into a 

restroom, with no legitimate purpose 

and in a threatening manner; or engages 

in indecent exposure. The proposed rule 

would revise the disorderly conduct 

prohibitions in 36 CFR 261.4 to address 

these situations. 

Traffic Prohibitions 

The proposed rule would incorporate 

State traffic law in § 261.12 so that State 

traffic law is enforceable as Federal 

traffic law. Specifically, the proposed 

rule would incorporate two commonly 

cited violations of State traffic law: 

operating a motor vehicle without a 

valid license and operating a motor 

vehicle while under the influence of an 

alcoholic beverage or a controlled 

substance. The proposed rule also 

would incorporate a catch-all 

prohibition that would incorporate any 

other State traffic laws so that they are 

enforceable as Federal traffic law. 

Prohibitions Relating to Prevention of 

Wildfire 

Wildland fires, including catastrophic 

wildfires, have increased in frequency 

and severity on NFS lands. An 

accumulation of hazardous fuels 

combined with severe drought have 

resulted in extreme fire conditions and 

very large fires. Forest Service estimates 

indicate that more than 460 million 

acres of all vegetated lands are at 

moderate to high risk from 

uncharacteristically large wildfires, 

encompassing many wildland-urban 

interfaces with high densities of 

structures that intermingle with 

undeveloped wildlands. In 2022, more 

than 7.5 million acres burned in the 

United States, and more than 2,700 

structures were destroyed, including 

1,294 residences. These fires have longterm and sometimes irreversible 

consequences, including damage to 

watersheds that supply drinking water 

and damage to critical habitat for 

endangered species. The Forest Service 

also incurs significant annual costs 

related to wildland fire suppression. 

This proposed rule would allow the 

Forest Service to take additional 

enforcement actions to prevent wildfires 

on NFS lands. The possession and use 

of fireworks or other pyrotechnic 

devices are not generally prohibited on 

NFS lands. However, they may be 

prohibited in areas specified in an order 

issued under 36 CFR 261.52(f). 

Typically, the Forest Service issues 

orders under 36 CFR 261.52(f) on a 

seasonal basis when the threat of fire is 

high. However, given the higher risk 

and greater severity of wildland fires, 

the Agency has determined that a yearround ban is necessary to protect NFS 

lands and resources, persons using 

those lands, and surrounding 

communities from the threat of 

catastrophic wildfire. The proposed rule 

would move these prohibitions to 36 

CFR part 261, subpart A, so that they are 

enforceable anywhere on NFS lands 

during any season without issuance of 

an order under 36 CFR part 261, subpart 

B. 

Prohibition Relating to Exploding 

Targets 

Exploding targets—targets that 

explode when struck by a bullet—have 

become popular throughout the United 

States, and their use is increasing on 

NFS lands. Exploding targets can be 

purchased legally and are intended for 

use as a target for firearms practice. 

However, when detonated by a bullet, 

exploding targets often result in a 

fireball that can ignite vegetation and 

surrounding materials and spread to 

adjacent areas. A growing number of 

wildfires on NFS lands have been 

caused by exploding targets; from 2012 

to 2022, multiple fires burned over 

139,000 acres as result of exploding 

targets, costing taxpayers millions of 

dollars to suppress. Additionally, trash 

is often left behind after exploding 

targets are used, including undetonated 

targets, which present additional safety 

risks for visitors, employees, and 

firefighters. 

Exploding targets are regulated by the 

Forest Service as explosives under the 

Agency’s authority to issue orders 

banning the use of explosives in 

specified areas under 36 CFR 261.52(b). 

Because exploding targets present a 

significant fire hazard at any time of 

year, the Forest Service is proposing to 

add a generally applicable prohibition 

to 36 CFR 261.5 that does not require 

issuance of an order and that would ban 

possession as well as use of an 

exploding target on NFS lands. 

Exploding targets generally consist of 

two separate chemical components 

(usually an oxidizer like ammonium 

nitrate and a fuel such as aluminum or 

another metal) that become a binary 

explosive when combined. The 

individual components, which often are 

pre-packaged together, are kept separate 

within individual containers for sale 

and transport. Kept separate, the 

components are not explosives. 

Combined, however, the components 

become explosive and thus are subject 

to Federal explosive laws and 

regulations. To avoid triggering Federal 

law until they are ready to be used and 

to minimize the risk of injury, the 

components are typically combined at 

the site where the exploding targets are 

going to be used. This proposed rule 

would ban the possession and use of an 

exploding target (the binary explosive 

that is created by combining the two 

components). 

The Forest Service recognizes hunting 

and safe target shooting as valid uses of 

NFS lands. This proposed rule would 

not affect these valid uses. 

Proposed Regulatory Revisions 

A section-by-section description of 

the proposed rule follows. 

Section 261.1b Penalty 

The proposed rule would make a 

technical change to 36 CFR 261.1b, 

which governs penalties for violating a 

criminal prohibition in 36 CFR part 261, 

to make it consistent with current 

statutory law. The regulations at 36 CFR 

261.1b refer to the penalty in 16 U.S.C. 

551, which provides that a violation 

shall be punished by a fine of not more 

than $500, imprisonment for not more 

than six months, or both. Violations 

were classified as petty offenses. 

The Comprehensive Crime Control 

Act of 1984 established categories of 

offenses based on the maximum amount 

of imprisonment for each offense (18 

U.S.C. 3559). Offenses with a maximum 

term of six months of imprisonment, 

such as those offenses covered by 36 

CFR part 261, are considered Class B 

misdemeanors. The Comprehensive 

Crime Control Act of 1984 also 

prescribes a range of fines for Class B 

misdemeanors, depending on specific 

circumstances associated with the 

violation, with a maximum fine of 

$5,000 for a person and $10,000 for an 

organization (18 U.S.C. 3571). The 

proposed revision reflects this statutory 

change and provides for exceptions 

when a statute establishing an offense 

expressly sets a different penalty. 

Section 261.2 Definitions 

The proposed rule would add six 

definitions to 36 CFR 261.2 for the terms 

‘‘alcoholic beverage,’’ ‘‘controlled 


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68038 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Proposed Rules 

substance,’’ ‘‘exploding target,’’ 

‘‘firework,’’ ‘‘pyrotechnic device,’’ and 

‘‘recreation site.’’ The proposed rule 

also would revise the definition of 

‘‘developed recreation site.’’ 

The term ‘‘alcoholic beverage’’ would 

be defined to have the same meaning as 

under State law. This definition is 

consistent with the current use of the 

term in 36 CFR 261.58(bb). 

The term ‘‘controlled substance’’ 

would be defined to have the same 

meaning as in the Controlled Substance 

Act (21 U.S.C. 801 et seq.). 

The term ‘‘exploding target’’ would be 

defined to mean a binary explosive that 

is designed to explode when struck by 

a bullet. Exploding targets consist of two 

components that are combined to create 

the explosive. Individually, the parts are 

inert. However, when combined, they 

become explosive. 

The term ‘‘firework’’ would be 

defined to have the same meaning as in 

27 CFR 555.11. As defined in those 

regulations, the term ‘‘firework’’ means 

any composition or device that is 

designed to produce a visible or an 

audible effect by combustion, 

deflagration, or detonation and that 

meets the definition of ‘‘consumer 

fireworks’’ or ‘‘display fireworks’’ as 

defined by 27 CFR 555.11. This 

definition is consistent with the Forest 

Service’s current interpretation of what 

constitutes a firework. 

The term ‘‘pyrotechnic device’’ would 

be defined to have the same meaning as 

the term ‘‘articles pyrotechnic’’ in 27 

CFR 555.11. As currently defined in 

those regulations, the term ‘‘articles 

pyrotechnic’’ means devices for 

professional use that are similar to 

consumer fireworks in chemical 

composition and construction but are 

not intended for consumer use. This 

definition is consistent with the Forest 

Service’s current interpretation of what 

constitutes a pyrotechnic device. 

This proposed rule would amend 36 

CFR 261.2 by revising the definition of 

‘‘developed recreation site’’ and adding 

a definition of ‘‘recreation site’’ to be 

consistent with the definitions of those 

terms in Chapter 50 of the Forest 

Service’s Recreation Site Handbook, 

Forest Service Handbook 2309.13. 

Chapter 50 of the Recreation Site 

Handbook defines the terms ‘‘developed 

recreation site’’ and ‘‘recreation site’’ 

based on the scale of development at a 

site. Chapter 50 of the Recreation Site 

Handbook also contains a recreation site 

development scale showing the 

characteristics of each scale of 

development. 

The term ‘‘developed recreation site’’ 

is currently defined in 36 CFR 261.2 as 

‘‘an area which has been improved or 

developed for recreation.’’ The proposed 

definition of ‘‘developed recreation site’’ 

would be more specific than the current 

definition and would match the 

definition of that term in Chapter 50 of 

the Recreation Site Handbook. As 

defined in Chapter 50 of the Recreation 

Site Handbook, a developed recreation 

site is ‘‘a recreation site that has a 

development scale of 3, 4, or 5 (sec. 

50.5, ex. 01)’’. Recreation sites with a 

development scale of 3, 4, or 5 range 

from moderate to extensive site 

development. 

Additionally, the proposed rule 

would add a definition of ‘‘recreation 

site’’ to 36 CFR 261.2 that tracks the 

definition of that term in Chapter 50 of 

the Recreation Site Handbook. Chapter 

50 of the Recreation Site Handbook 

defines the term ‘‘recreation site’’ as ‘‘an 

area that is improved, developed, or 

otherwise authorized by the Forest 

Service for recreation and that has a 

development scale of 0, 1, 2, 3, 4, or 5 

(sec. 50.5, ex. 01).’’ Under this added 

definition, the term ‘‘recreation site’’ 

would cover a broader range of areas 

than the term ‘‘developed recreation 

site’’ and would include recreation sites 

with a development scale of 0, 1, or 2, 

which range from no to little site 

modification. 

Currently, the term ‘‘developed 

recreation site’’ is used in the criminal 

prohibitions in 36 CFR part 261, subpart 

A, specifically, in 36 CFR 261.10(d)(1), 

(i), and (j) and 261.16. These 

prohibitions would continue to apply 

only to developed recreation sites, that 

is, to recreation sites that have a 

development scale of 3, 4, or 5. The 

prohibitions would not be broadened to 

apply to recreation sites with a 

development scale of 0, 1, or 2, which 

have little to no site modification, 

because the public may not have 

adequate notice that such a site exists, 

given the lack of development, and that 

a prohibition applies. 

In contrast, the term ‘‘recreation site’’ 

would be substituted for ‘‘developed 

recreation site’’ each time the latter term 

appears in prohibitions designated by 

order in 36 CFR part 261, subpart B, 

specifically, in 36 CFR 261.52(d) and 

261.58(b) and (d). Prohibitions 

designated by orders can be broader in 

scope and can cover recreation sites 

with a development scale of 0, 1, or 2 

because orders specify the area to which 

they apply. 

Section 261.4 Disorderly Conduct 

The prohibitions in 36 CFR 261.4 

pertain to disorderly conduct. This 

proposed rule would add a criminal 

intent element, or mens rea, that the 

violator acted intentionally or recklessly 

in committing the offense. To be cited 

for a violation of disorderly conduct, a 

person must have committed one of the 

acts described in paragraphs (a) through 

(c) with the intent to cause, or recklessly 

to create a substantial risk of causing, 

public alarm, nuisance, jeopardy, or 

violence. The criminal intent standard 

would require a showing that the 

violator knowingly intended to cause 

public alarm, nuisance, jeopardy, or 

violence by the prohibited acts or 

words. Alternatively, the reckless 

standard, which has a lesser mens rea, 

would require a showing that the 

violator was aware of, but consciously 

disregarded, the substantial risk that the 

prohibited acts or words would cause 

public alarm, nuisance, jeopardy, or 

violence. 

This proposed rule also would revise 

the types of conduct that would 

constitute disorderly conduct when 

committed with the requisite mens rea. 

The current paragraph (a) prohibits only 

fighting. This proposed rule would add 

threatening or other violent behavior. 

This proposed rule also would revise 

paragraph (b) and would substitute it for 

current paragraphs (b) and (c), which 

cover ‘‘fighting words,’’ such as 

utterances that are likely to provoke 

violence or unlawful acts. Fighting 

words are not protected speech under 

the First Amendment. Revised 

paragraph (b) would cover fighting 

words by prohibiting ‘‘making an 

utterance or performing an act . . . that 

is made or performed in a manner likely 

to inflict injury or to incite an 

immediate breach of peace.’’ Because 

revised paragraph (b) also would cover 

an utterance or act that is obscene or 

threatening when committed with the 

intent to cause public alarm, nuisance, 

jeopardy, or violence, or recklessly 

create a risk thereof, revised paragraph 

(b) would address situations when a 

person (1) makes lewd or obscene 

comments short of solicitation to 

another person; (2) follows another 

person around, including into a 

restroom, with no legitimate purpose if 

done in a threatening manner; and (3) 

commits indecent exposure. This 

proposed rule also would redesignate 

paragraph (d) as paragraph (c) and 

would provide further instruction as to 

what constitutes unreasonable noise in 

violation of the disorderly conduct 

prohibition. 

Section 261.5 Fire 

The Forest Service proposes to add 

paragraphs (h), (i), and (j) to 36 CFR 

261.5, which contains prohibitions 

relating to fire. The prohibitions in 

proposed paragraphs (h), (i), and (j) are 

currently enforceable only through 


ddrumheller on DSK120RN23PROD with PROPOSALS1
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issuance of an order under 36 CFR 

261.52. Moving these prohibitions to 

§ 261.5 would make them generally 

applicable to NFS lands year-round and 

enforceable without issuance of an 

order. 

Specifically, proposed paragraph (h) 

would prohibit possessing or using an 

exploding target or any kind of firework 

or other pyrotechnic device. The 

prohibition banning the possession or 

use of fireworks or other pyrotechnic 

devices is currently enforced in areas 

specified by an order issued under 36 

CFR 261.52(f). The proposed rule would 

move this prohibition to 36 CFR part 

261, subpart A, which would make it 

generally applicable to NFS lands yearround and enforceable without issuance 

of an order. The proposed rule also 

would add a prohibition to paragraph 

(h) that would ban the possession and 

use of exploding targets. 

Proposed paragraph (i) would prohibit 

violating any State law concerning 

burning or fires or any State law whose 

purpose is to prevent or restrict the 

spread of fire. This prohibition is 

currently enforced in areas specified by 

an order issued under 36 CFR 261.52(k). 

The Forest Service may incorporate 

State law concerning burning or fires or 

any State law which is for the purpose 

of preventing or restricting the spread of 

fire in an order issued under § 261.52(k). 

Violations of these orders constitute 

violations of Federal law. The proposed 

rule would move this prohibition to 36 

CFR part 261, subpart A, which would 

make it generally applicable to NFS 

lands year-round and enforceable 

without issuance of an order. 

Proposed paragraph (j) would prohibit 

operating or using any internal or 

external combustion engine without a 

properly installed and maintained 

spark-arresting device that meets 

specified requirements. This prohibition 

is currently enforced in areas specified 

by an order issued under 36 CFR 

261.52(j). The proposed rule would 

move this prohibition to 36 CFR part 

261, subpart A, which would make it 

generally applicable to NFS lands yearround and enforceable without issuance 

of an order. 

Section 261.9 Property 

This proposed rule would add 

paragraph (j) to 36 CFR 261.9 to provide 

enforcement authority for theft by 

prohibiting damaging or removing 

without authorization any personal 

property belonging to another person. 

Section 261.10 Occupancy and Use 

This proposed rule would revise 

paragraphs (a) and (e), would remove 

paragraph (o), and would add 

paragraphs (o) through (s) to 36 CFR 

261.10 relating to occupancy and use of 

NFS lands. 

Paragraph (a) currently prohibits 

constructing, placing, or maintaining 

certain improvements on NFS lands or 

facilities without an authorization. 

Signs are not listed as a type of 

improvement that is prohibited without 

an authorization. This proposed rule 

would revise paragraph (a) to prohibit 

constructing, placing, or maintaining a 

sign on NFS lands or facilities without 

an authorization. 

Paragraph (e) prohibits abandoning 

any personal property. Forest Service 

law enforcement personnel have 

encountered a noticeable increase in 

personal property, such as camping and 

other recreational equipment, being 

stored on NFS lands. Because the term 

‘‘abandon’’ connotes relinquishing 

property without an intent to reclaim 

possession, the Forest Service needs a 

better tool to manage illegally stored 

personal property on NFS lands. This 

proposed rule would prohibit leaving 

personal property unattended for longer 

than 24 hours, except in locations where 

longer periods have been designated. 

Paragraph (o) prohibits discharging or 

igniting a firecracker, rocket or other 

firework, or explosive into or within any 

cave. This prohibition is no longer 

necessary because it is covered by 

proposed paragraph (h) that would be 

added to § 261.5. Paragraph (p) in 36 

CFR 261.10 would become paragraph 

(o). 

Proposed paragraphs (p) and (q) 

would add prohibitions for simple 

possession of controlled substances and 

drug paraphernalia, respectively. 

Proposed paragraph (r) would add a 

prohibition for possessing an alcoholic 

beverage in violation of State law. 

Under this proposed prohibition, Forest 

Service law enforcement personnel 

could issue a notice of violation for 

possession of alcohol by a minor or for 

possession of an open container in a 

vehicle, where prohibited by State law. 

Proposed paragraph (s) would add a 

prohibition for providing an alcoholic 

beverage to a minor in violation of State 

law. 

Section 261.12 National Forest System 

Roads and Trails 

The proposed rule would move the 

prohibition in 36 CFR 261.54(f), which 

prohibits operating a vehicle or motor 

vehicle carelessly, recklessly, or in a 

manner or at a speed that would 

endanger or be likely to endanger any 

person or property, to proposed 

paragraph (e) of 36 CFR 261.12, which 

contains prohibitions relating to NFS 

roads and NFS trails. Moving this 

prohibition to § 261.12 would make it 

generally applicable to NFS lands yearround and enforceable without issuance 

of an order. The proposed rule also 

would add a prohibition for operating a 

motor vehicle in violation of a posted 

sign or traffic control device. 

Section 261.15 Use of Vehicles Off 

Roads 

The proposed rule would amend 36 

CFR 261.15, which pertains to off-road 

vehicle use on NFS lands. The proposed 

rule would revise paragraphs (e) and (g). 

Paragraph (e), which prohibits off-road 

vehicle use while under the influence of 

alcohol or another drug, would be 

updated to refer to the proposed defined 

terms in § 261.2, i.e., ‘‘alcoholic 

beverage’’ and ‘‘controlled substance.’’ 

The terminology in paragraph (g), which 

prohibits careless and reckless driving, 

also would be updated without altering 

the substance of the prohibition. 

Section 261.50 Orders 

The United States Court of Appeals 

for the Ninth Circuit has interpreted 36 

CFR 261.50 to allow only those persons 

holding the positions specified in 36 

CFR 261.50(a) and (b), including 

persons acting in those positions, to 

issue orders under 36 CFR part 261, 

subpart B. United States v. True, 946 

F.2d 682, 687 (9th Cir. 1991). The 

proposed rule would amend § 261.50(a) 

and (b) to expressly authorize the 

persons holding the positions specified 

in those paragraphs to delegate the 

authority to issue orders under 36 CFR 

part 261, subpart B, to officials acting in 

those positions or to their deputy. The 

proposed rule would amend § 261.50(a) 

and (b) to clarify that the authority of 

officials issuing an order is limited to 

areas over which those officials have 

delegated authority. 

Section 261.52 Fire 

This proposed rule would move the 

prohibitions in paragraphs (f), (j), and 

(k) to § 261.5, which would make the 

prohibitions generally applicable to NFS 

lands year-round and enforceable 

without issuance of an order. 

Section 261.53 Special Closures 

This proposed rule would amend 36 

CFR 261.53 relating to special closures. 

The changes to the heading and 

introductory text of § 261.53 would 

clarify that this provision can be used to 

restrict use of an area, such as to close 

an area to a particular use, as well as to 

close an area in its entirety to all uses. 


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68040 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Proposed Rules 

Section 261.54 National Forest System 

Roads 

The proposed rule would move the 

prohibition in 36 CFR 261.54(f), which 

prohibits operating a vehicle or motor 

vehicle carelessly, recklessly, or in a 

manner or at a speed that would 

endanger or be likely to endanger any 

person or property, to proposed 

paragraph (e) of 36 CFR 261.12, which 

contains prohibitions relating to NFS 

roads and NFS trails. This revision 

would make the prohibition in 36 CFR 

261.54(f) generally applicable to NFS 

lands year-round and enforceable 

without issuance of an order. 

Section 261.58 Occupancy and Use 

The authority to issue orders relating 

to occupancy and use of NFS lands is 

contained in 36 CFR 261.58. Paragraph 

(bb) prohibits possession of an alcoholic 

beverage as defined under State law, 

when enforced through issuance of an 

order. This proposed rule would revise 

paragraph (bb) to be consistent with the 

proposed definition of ‘‘alcoholic 

beverage’’ that would be added to 

§ 261.2. 

Regulatory Certifications 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Executive Order (E.O.) 12866 provides 

that the Office of Information and 

Regulatory Affairs (OIRA) in the Office 

of Management and Budget will 

determine whether a regulatory action is 

significant as defined by E.O. 12866 and 

will review significant regulatory 

actions. OIRA has determined that this 

proposed rule is not significant as 

defined by E.O. 12866. E.O. 13563 

reaffirms the principles of E.O. 12866 

while calling for improvements in the 

Nation’s regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. The Agency 

has developed the proposed rule 

consistent with E.O. 13563. 

Congressional Review Act 

Pursuant to Subtitle E of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (known as the 

Congressional Review Act) (5 U.S.C. 801 

et seq.), OIRA has designated this 

proposed rule as not a major rule as 

defined by 5 U.S.C. 804(2). 

National Environmental Policy Act 

The proposed rule would streamline 

enforcement of criminal prohibitions in 

existing regulations by providing for 

enforcement without issuance of an 

order and enhance consistency of the 

Forest Service’s law enforcement 

practices with those of State and other 

Federal land management agencies. 

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 

Agency’s preliminary assessment is that 

this proposed rule falls within this 

category of actions and that no 

extraordinary circumstances exist which 

would require preparation of an 

environmental assessment or 

environmental impact statement. A final 

determination will be made upon 

adoption of the final rule. 

Regulatory Flexibility Act 

The Forest Service has considered 

this proposed rule under the Regulatory 

Flexibility Act (5 U.S.C. 602 et. seq.). 

This proposed rule would not have any 

direct effect on small entities as defined 

by the Regulatory Flexibility Act. This 

proposed rule would not impose recordkeeping requirements on small entities; 

would not affect their competitive 

position in relation to large entities; and 

would not affect their cash flow, 

liquidity, or ability to remain in the 

market. Therefore, the Forest Service 

has determined that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities pursuant to the Regulatory 

Flexibility Act. 

Federalism 

The Agency has considered this 

proposed rule under the requirements of 

E.O. 13132, Federalism. The Agency has 

determined that the proposed rule 

conforms with the federalism principles 

set out in this executive order; would 

not impose any compliance costs on the 

States; and would not have substantial 

direct effects on the States, on the 

relationship between the Federal 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, the 

Agency has concluded that this 

proposed rule would not have 

federalism implications. 

Consultation and Coordination With 

Indian Tribal Governments 

E.O. 13175, Consultation and 

Coordination with Indian Tribal 

Governments, requires Federal agencies 

to consult and coordinate with Tribes 

on a government-to-government basis on 

policies that have Tribal implications, 

including regulations, legislative 

comments or proposed legislation, and 

other policy statements or actions that 

have substantial direct effects on one or 

more 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. 

This proposed rule would streamline 

enforcement of criminal prohibitions in 

existing regulations by providing for 

enforcement without issuance of an 

order and enhance consistency of the 

Forest Service’s law enforcement 

practices with those of State and other 

Federal land management agencies. The 

Agency has reviewed this proposed rule 

in accordance with the requirements of 

E.O. 13175 and has determined that this 

proposed rule would not have 

substantial direct 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. 

Therefore, consultation and 

coordination with Indian Tribal 

governments is not required for this 

proposed rule. 

No Takings Implications 

The Agency has analyzed this 

proposed rule in accordance with the 

principles and criteria in E.O. 12630, 

Governmental Actions and Interference 

with Constitutionally Protect Property 

Rights. The Agency has determined that 

the proposed rule would not pose the 

risk of a taking of private property. 

Energy Effects 

The Agency has reviewed this 

proposed rule under E.O. 13211, 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. The Agency has 

determined that this proposed rule 

would not constitute a significant 

energy action as defined in E.O. 13211. 

Civil Justice Reform 

The Forest Service has analyzed this 

proposed rule in accordance with the 

principles and criteria in E.O. 12988, 

Civil Justice Reform. After adoption of 

this proposed rule, (1) all State and local 

laws and regulations that conflict with 

this proposed rule or that impede its full 

implementation would be preempted; 

(2) no retroactive effect would be given 

to this proposed rule; and (3) it would 

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 Agency has assessed 


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Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Proposed Rules 68041 

the effects of this proposed rule on 

State, local, and Tribal governments and 

the private sector. This proposed rule 

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 

This proposed rule does 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 and therefore would impose no 

additional paperwork burden on the 

public. 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 6 CFR Part 261 

Law enforcement, National forests. 

Therefore, for the reasons set forth in 

the preamble, the Forest Service 

proposes to amend chapter II of title 36 

of the Code of Federal Regulations as 

follows: 

PART 261—PROHIBITIONS 

■ 1. The authority citation for part 261 

continues to read: 

Authority: 7 U.S.C. 1011(f); 16 U.S.C. 

460l–6d, 472, 551, 620(f), 1133(c)–(d)(1), 

1246(i). 

■ 2. Revise § 261.1b to read as follows: 

§ 261.1b Penalty. 

Unless otherwise provided by law, the 

punishment for violation of any 

prohibition in or order issued under this 

part shall be imprisonment of not more 

than six months or a fine in accordance 

with the applicable provisions of 18 

U.S.C. 3571 or both. 

■ 3. Amend § 261.2 by: 

■ a. Adding in alphabetical order 

definitions for ‘‘alcoholic beverage,’’ 

and ‘‘controlled substance’’; 

■ b. Revising the definition for 

‘‘developed recreation site’’; and 

■ c. Adding in alphabetical order 

definitions for ‘‘exploding target,’’ 

‘‘firework,’’ ‘‘pyrotechnic device,’’ and 

‘‘recreation site.’’ 

The additions and revisions read as 

follows: 

§ 261.2 Definitions. 

* * * * * 

Alcoholic beverage means alcoholic 

beverage as defined by State law. 

* * * * * 

Controlled substance means a drug or 

other substance, its immediate precursor 

included in schedules I, II, III, IV, or V 

of section 202 of the Controlled 

Substance Act (21 U.S.C. 812), or a drug 

or other substance added to these 

schedules under the terms of the Act. 

* * * * * 

Developed recreation site has the 

same meaning as in Chapter 50 of Forest 

Service Handbook 2309.13. 

* * * * * 

Exploding target means a binary 

explosive consisting of two separate 

components (usually an oxidizer like 

ammonium nitrate and a fuel such as 

aluminum or another metal) that is 

designed to explode when struck by a 

bullet. 

* * * * * 

Firework has the same meaning as in 

27 CFR 555.11 or a successor regulation. 

* * * * * 

Pyrotechnic device has the same 

meaning as the term ‘‘articles 

pyrotechnic’’ in 27 CFR 555.11 or a 

successor regulation. 

* * * * * 

Recreation site has the same meaning 

as in Chapter 50 of Forest Service 

Handbook 2309.13. 

* * * * * 

■ 4. Revise § 261.4 to read as follows: 

§ 261.4 Disorderly conduct. 

The following are prohibited when 

committed intentionally to cause, or 

recklessly to create a substantial risk of 

causing, public alarm, nuisance, 

jeopardy, or violence: 

(a) Engaging in fighting or any 

threatening or other violent behavior. 

(b) Making an utterance or performing 

an act that is obscene or threatening or 

that is made or performed in a manner 

that is likely to inflict injury or incite an 

immediate breach of peace. 

(c) Making noise that is unreasonable 

considering the nature and purpose of 

the conduct, location, and time. 

■ 5. Amend § 261.5 by adding 

paragraphs (h), (i), and (j) to read as 

follows: 

§ 261.5 Fire. 

* * * * * 

(h) Possessing or using an exploding 

target or any kind of firework or other 

pyrotechnic device. 

(i) Violating any State law concerning 

burning or fires or any State law that is 

for the purpose of preventing or 

restricting the spread of fire. 

(j) Operating or using any internal or 

external combustion engine without a 

spark arresting device that is properly 

installed, maintained, and in effective 

working order in accordance with 

USDA Forest Service Standard 5100–1. 

■ 6. Amend § 261.9 by adding paragraph 

(j) to read as follows: 

§ 261.9 Property. 

* * * * * 

(j) Damaging or removing without 

authorization any personal property that 

belongs to another person. 

■ 7. Amend § 261.10 by revising 

paragraphs (a), (e), (o), and (p), and 

adding paragraphs (q), (r), and (s) to 

read as follows: 

§ 261.10 Occupancy and use. 

The following are prohibited: 

(a) Constructing, placing, or 

maintaining any kind of road, trail, 

structure, fence, enclosure, 

communications equipment, sign, 

significant surface disturbance, or other 

improvement on National Forest System 

lands or facilities without a special use 

authorization, contract, approved plan 

of operations, or other written 

authorization when that written 

authorization is required. 

* * * * * 

(e) Leaving personal property 

unattended for longer than 24 hours, 

except in locations where longer periods 

have been designated. 

(o) Use or occupancy of National 

Forest System lands or facilities without 

a special use authorization, contract, 

approved plan of operations, or other 

written authorization when that written 

authorization is required. 

(p) Knowingly or intentionally 

possessing any controlled substance in 

violation of Federal law. 

(q) Knowingly or intentionally 

possessing any drug paraphernalia in 

violation of State law. 

(r) Possessing any alcoholic beverage 

in violation of State law. 

(s) Providing any alcoholic beverage 

to a minor in violation of State law. 

■ 8. Amend § 261.12 by adding 

paragraphs (e) through (i) to read as 

follows: 

§ 261.12 National Forest System roads and 

National Forest System trails. 

The following are prohibited: 

* * * * * 

(e) Operating a motor vehicle without 

a valid license as required by State law. 

(f) Operating a motor vehicle while 

under the influence of an alcoholic 

beverage or a controlled substance in 

violation of State law. 

(g) Operating a motor vehicle in 

violation of any State law other than 

those described in paragraph (e) or (f) of 

this section. 

(h) Operating a vehicle or motor 

vehicle carelessly, recklessly, or in a 

manner or at a speed that would 

endanger or be likely to endanger any 

person or property. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
68042 Federal Register / Vol. 88, No. 190 / Tuesday, October 3, 2023 / Proposed Rules 

(i) Operating a motor vehicle in 

violation of a posted sign or traffic 

control device. 

■ 9. Amend § 261.15 by revising 

paragraphs (e) and (g) to read as follows: 

§ 261.15 Use of vehicles off roads. 

* * * * * 

(e) While under the influence of an 

alcoholic beverage or a controlled 

substance in violation of State law. 

* * * * * 

(g) Carelessly, recklessly, or in a 

manner or at a speed that endangers or 

is likely to endanger any person or 

property. 

* * * * * 

■ 10. Amend § 261.50 by revising 

paragraphs (a) and (b) to read as follows: 

§ 261.50 Orders. 

(a) The Chief, each Regional Forester, 

each Experiment Station Director, the 

head of each administrative unit, their 

deputies, or persons acting in these 

positions may issue orders, consistent 

with their delegations of authority, that 

close or restrict the use of described 

areas by applying the prohibitions 

authorized in this subpart, individually 

or in combination. 

(b) The Chief, each Regional Forester, 

each Experiment Station Director, the 

head of each administrative unit, their 

deputies, or persons acting in these 

positions may issue orders, consistent 

with their delegations of authority, that 

close or restrict the use of any National 

Forest System road or National Forest 

System trail. 

* * * * * 

■ 11. Revise § 261.52 to read as follows: 

§ 261.52 Fire. 

When provided by an order, the 

following are prohibited: 

(a) Building, maintaining, attending, 

or using a fire, campfire, or stove fire. 

(b) Using an explosive. 

(c) Smoking. 

(d) Smoking, except within an 

enclosed vehicle or building, at a 

recreation site, or while stopped in an 

area at least 3 feet in diameter that is 

barren or cleared of all flammable 

material. 

(e) Entering or being in an area. 

(f) Entering an area without any 

firefighting tool prescribed by the order. 

(g) Operating an internal combustion 

engine. 

(h) Welding or operating an acetylene 

or other torch with open flame. 

■ 12. Amend § 261.53 by revising the 

title and introductory text to read as 

follows: 

§ 261.53 Special closures or restrictions. 

When provided by an order, it is 

prohibited to go into or be in any area 

which is closed or restricted for the 

protection of: 

* * * * * 

§ 261.54 [Amended] 

■ 13. Amend § 261.54 by removing 

paragraph (f). 

■ 14. Amend § 261.58 by revising 

paragraphs (b), (d), and (bb) to read as 

follows: 

§ 261.58 Occupancy and use. 

* * * * * 

(b) Entering or using a recreation site 

or portion thereof. 

* * * * * 

(d) Occupying a recreation site with 

prohibited camping equipment 

prescribed by the order. 

* * * * * 

(bb) Possessing an alcoholic beverage. 

* * * * * 

Homer Wilkes, 

Under Secretary, Natural Resources and 

Environment. 

[FR Doc. 2023–21563 Filed 10–2–23; 8:45 am] 

BILLING CODE 3411–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 10 

[Docket No. USCG–2021–0288] 

RIN 1625–AC83 

Exemption for Active-Duty Uniformed 

Service Members From Merchant 

Mariner Credentialing Fees 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to exempt certain members of the 

uniformed services from Merchant 

Mariner Credential (MMC) fees for the 

evaluation of an MMC application, the 

administration of an examination 

required for an MMC endorsement, and 

the issuance of an MMC. This proposal 

is in response to Executive Order 13860, 

‘‘Supporting the Transition of ActiveDuty Service Members and Military 

Veterans Into the Merchant Marine,’’ 

and section 3511 of the National 

Defense Authorization Act for Fiscal 

Year 2020. Under this proposal, 

members of the uniformed services 

would be exempt from paying fees for 

an MMC. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before January 2, 2024. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2021–0288 using the Federal Decision 

Making Portal at www.regulations.gov. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

Collection of information. Submit 

comments on the collection of 

information discussed in section VI.D of 

this preamble both to the Coast Guard’s 

online docket and to the Office of 

Information and Regulatory Affairs 

(OIRA) in the White House Office of 

Management and Budget (OMB) using 

their website www.reginfo.gov/public/ 

do/PRAMain. Comments sent to OIRA 

on the collection of information must 

reach OMB on or before the comment 

due date listed on their website. 

FOR FURTHER INFORMATION CONTACT: For 

information about this document, call or 

email Mr. James Cavo, U.S. Coast Guard 

Office of Merchant Mariner 

Credentialing; telephone 202–372–1205, 

email James.D.Cavo@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Public Participation and Request for 

Comments 

II. Abbreviations 

III. Background 

IV. Legal Authority 

V. Discussion of Proposed Rule 

VI. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Public Participation and Request for 

Comments 

The Coast Guard views public 

participation as essential to effective 

rulemaking and will consider all 

comments and material received during 

the comment period. Your comment can 

help shape the outcome of this 

rulemaking. If you submit a comment, 

please include the docket number for 

this rulemaking, indicate the specific 

section of this document to which each 

comment applies, and provide a reason 

for each suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision Making Portal at 

www.regulations.gov. To do so, go to 


ddrumheller on DSK120RN23PROD with PROPOSALS1