26578 Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Proposed Rules 

of personnel for enlistment will be 

based upon their ability to meet all 

requirements, including procurement of 

prescribed waivers. 

(2) Applicants applying for moral or 

medical waivers will document their 

waiver requests, as prescribed by AR 

601–210 or AR 40–501. 

(3) The approval authorities for 

various types of waiver requests are set 

forth in AR 601–210. Commanders at 

levels below the approval authority may 

disapprove waivers for applicants who 

do not meet prescribed standards and 

who do not substantiate a meritorious 

case. 

(4) Unless otherwise stated in AR 

601–210, waivers are valid for 6 months. 

(b) Nonwaiver medical, moral, and 

administrative disqualifications are 

defined in AR 601–210. 

§ 571.4 Periods of enlistment. 

Enlistments are authorized for periods 

of 2, 3, 4, 5, 6, 7, or 8 years. 

§ 571.5 Enlistment options. 

Personnel who enlist in the Regular 

Army for 2 or more years may select 

certain initial assignments or 

classifications, provided they meet the 

criteria set forth in AR 601–210 and 

valid Army requirements exist for the 

assignments and skills. 

Subpart B—[Reserved] 

[FR Doc. E7–8793 Filed 5–9–07; 8:45 am] 

BILLING CODE 3710–08–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 261 

RIN 0596–AC38 

Amend Certain Paragraphs in 36 CFR 

261.2 and 261.10 To Clarify Issuing a 

Criminal Citation for Unauthorized 

Occupancy and Use of National Forest 

System Lands and Facilities by Mineral 

Operators 

AGENCY: Forest Service, USDA. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This proposed rule would 

allow, if necessary, a criminal citation to 

be issued for unauthorized mineral 

operations on National Forest System 

lands. The Forest Service invites written 

comments on this proposed rule. 

DATES: Comments on this proposed rule 

must be received in writing by July 9, 

2007. 

ADDRESSES: Send written comments to 

Forest Service, USDA, Attn: Director, 

Minerals and Geology Management 

(MGM) Staff, (2810), at Mail Stop 1126, 

Washington, DC 20250–1126; by 

electronic mail to 36cfr228a@fs.fed.us; 

or by fax to (703) 605–1575; or by the 

electronic process available at Federal eRulemaking portal at http:// 

www.regulations.gov. If comments are 

sent by electronic mail or by fax, the 

public is requested not to send 

duplicate written comments via regular 

mail. Please confine written comments 

to issues pertinent to the proposed rule; 

explain the reasons for any 

recommended changes; and, where 

possible, reference the specific wording 

being addressed. 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 on this 

proposed rule in the Office of the 

Director, MGM Staff, 5th Floor, Rosslyn 

Plaza Central, 1601 North Kent Street, 

Arlington, Virginia 22209, Monday 

through Friday (except for Federal 

holidays) between the hours of 8:30 a.m. 

and 4 p.m. Those wishing to inspect 

comments are encouraged to call ahead 

at (703) 605–4545 to facilitate entry into 

the building. 

FOR FURTHER INFORMATION CONTACT: 

Janine Clayton, Minerals and Geology 

Management Staff, (703) 605–4788, or 

electronic mail to jclayton01@fs.fed.us. 

SUPPLEMENTARY INFORMATION: 

Public Notification and Request for 

Comments 

The Department is making every effort 

to ensure that all interested parties, 

including mineral operators, mineralsrelated organizations and associations, 

are informed of the availability of the 

proposed rule. To ensure the widest 

distribution, the proposed rule will be 

distributed by paper copy mailings, 

e-mail notices, posting on the Forest 

Service Minerals and Geology 

Management Staff internet web site, as 

well as published notices in local 

newspapers. Copies of the proposed rule 

also will be provided to the appropriate 

Congressional committee members. 

Background and Need for Proposed 

Rule 

The Forest Service uses two 

enforcement options, civil and criminal, 

to enforce its mining regulations at 36 

CFR part 228, subpart A. Criminal 

enforcement (36 CFR part 261) is often 

used in situations that are factually 

uncomplicated and where immediate 

action is needed, or other resolutions 

have failed. 

In 1984, a Federal district judge ruled 

that the prohibitions at 36 CFR 261.10 

did not apply to mineral operations. As 

a result, the Forest Service amended 

§§ 261.10(a) and 261.10(l) to directly tie 

the wording to locatable mineral 

operations by adding ‘‘or approved 

operating plan’’ to both of these 

paragraphs. Unfortunately, the wording 

was not added to §§ 261.10(b) and 

261.10(k), and that omission makes 

these paragraphs less clearly applicable 

to mineral operations. 

Two recent court decisions have 

prompted the Forest Service to amend 

the prohibitions at 36 CFR 261.10. In 

California, the Forest Service cited a 

suction dredge operator under the 

criminal regulations at 36 CFR 261.10(k) 

for use or occupancy without a special 

use permit authorization. The magistrate 

court judge dismissed the charge in U.S. 

v. McClure, 364 F. Supp. 2d 1183 

(E.D.Cal., 2005), and cited in support of 

the ruling another recent California 

Eastern District Court decision, U.S. v. 

Lex, 300 F. Supp. 2d 951 (E.D.Cal., 

2003). In summary, these decisions 

found that special-use authorizations 

and the application of 36 CFR 261.10(b) 

and 261.10(k) do not apply to mineral 

operations. 

As a result of the McClure and Lex 

court decisions, it is advisable to again 

amend certain paragraphs in 36 CFR 

261.10 to clearly tie them to locatable 

mineral operations and other mineral 

operations. The Regions dealing with 

suction dredge operators are particularly 

concerned about the effects of the two 

adverse ruling on their use of provisions 

in 261. 

Clarification for Issuing a Criminal 

Citation for Unauthorized Occupancy 

and Use of National Forest System 

Lands and Facilities by Mineral 

Operators 

The technical amendments to 36 CFR 

part 261 clarify that a criminal citation 

can be issued for unauthorized 

occupancy and use of National Forest 

System lands and facilities by mineral 

operators when such authorization is 

required. The technical amendments to 

36 CFR part 261 also clarify what 

constitutes residential occupancy as 

well as show there is a clear distinction 

between a special-use authorization and 

an operating plan. 

Exemption From Notice and Comment 

Comments received on this proposed 

rule will be considered in adoption of 

a final rule, notice of which will be 

published in the Federal Register. The 

final rule will include a response to 

comments received and identify any 

revisions made to the rule as a result of 

the comments. 


ycherry on PROD1PC64 with PROPOSALS
Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Proposed Rules 26579 

Regulatory Impact 

This proposed rule has been reviewed 

under USDA procedures and Executive 

Order 12866 on Regulatory Planning 

and Review. It has been determined that 

this proposed rule is not significant. It 

will not have an annual effect of $100 

million or more on the economy, nor 

adversely affect productivity, 

competition, jobs, the environment, 

public health or safety, nor State or local 

governments. This proposed rule would 

not interfere with an action taken or 

planned by another agency, nor raise 

new legal or policy issues. Finally, this 

action will not alter the budgetary 

impact of entitlements, grants, user fees, 

loan programs, nor the rights and 

obligations of recipients of such 

programs. 

Moreover, this proposed rule has been 

considered in light of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.), 

and it has been determined that this 

action will not have a significant 

economic impact on a substantial 

number of small entities as defined by 

that Act. Therefore, a regulatory 

flexibility analysis is not required. 

Environmental Impacts 

This proposed rule more clearly 

establishes when mineral operators can 

be issued a criminal citation for 

unauthorized occupancy and use of 

National Forest System lands and 

facilities when such authorization is 

required. Section 31.1(b) of Forest 

Service Handbook 1909.15 (57 FR 

43168; 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 instruction.’’ This 

proposed rule falls within this category 

of actions and no extraordinary 

circumstances exist which would 

require preparation of an environmental 

assessment or an environmental impact 

statement. 

Energy Effects 

This proposed rule has been reviewed 

under the Executive Order 13211 of May 

18, 2001, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use.’’ It 

has been determined that this proposed 

rule does not constitute a significant 

energy action as defined in the 

Executive order. 

Controlling Paperwork Burdens on the 

Public 

This proposed rule does not contain 

any new 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. 

Federalism 

The agency has considered this 

proposed rule under the requirements of 

Executive Order 13132—Federalism, 

and Executive Order 12875—

Government Partnerships. The agency 

has made a preliminary assessment that 

the proposed rule conforms with the 

federalism principles set out in these 

Executive orders; would not impose any 

compliance costs on the States; and 

would not have substantial direct effects 

on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. Based on 

comments received on this proposed 

rule, the agency will consider if any 

additional consultations will be needed 

with the State and local governments 

prior to adopting a final rule. 

Consultation and Coordination With 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications as defined by 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments; therefore, advance 

consultation with tribes is not required. 

No Takings Implications 

This proposed rule has been analyzed 

in accordance with the principles and 

criteria contained in Executive Order 

12630—Government Actions and 

Interference with Civil Constitutionally 

Protected Property Rights. It has been 

determined that the proposed rule does 

not pose the risk of a taking of private 

property. 

Civil Justice Reform 

This proposed rule has been reviewed 

under Executive Order 12988—Civil 

Justice Reform. If this proposed rule 

were adopted, (1) all State and local 

laws and regulations that are in 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 to 

challenge its provisions. 

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 Forest 

Service has assessed 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 would not be required. 

List of Subjects in 36 CFR Part 261 

Law enforcement, Mines, National 

Forests. 

Therefore, for the reasons set forth in 

the preamble, amend subpart A of part 

261 of Title 36 of the Code of Federal 

Regulations as follows: 

PART 261—PROHIBITIONS 

Subpart A—General Prohibitions 

1. The authority citation for part 261 

continues to read as follows: 

Authority: 7 U.S.C. 1011(f); 16 U.S.C. 472, 

551, 620(f), 1133(c), (d)(1), 1246(i). 

2. Amend § 261.2 Definitions, by 

revising the definitions for motorized 

equipment and operating plan, and 

adding a definition for residence to read 

as follows: 

§ 261.2 Definitions. 

* * * * * 

Motorized equipment means any 

machine activated by a nonliving power 

source except small battery-powered 

handcarried devices such as flashlights, 

shavers, Geiger counters, 

magnetometers, seismographs, and 

cameras. 

* * * * * 

Operating plan means the following 

documents, providing that the 

document has been issued or approved 

by the Forest Service: A plan of 

operations as provided for in 36 CFR 

part 228, subparts A and D, and 36 CFR 

part 292, subparts C and G; a 

supplemental plan of operations as 

provided for in 36 CFR part 228, subpart 

A, and 36 CFR part 292, subpart G; an 

operating plan as provided for in 36 

CFR part 228, subpart C, and 36 CFR 

part 292, subpart G; an amended 

operating plan and a reclamation plan 

as provided for in 36 CFR part 292, 

subpart G; a surface use plan of 

operations as provided for in 36 CFR 

part 228, subpart E; a supplemental 

surface use plan of operations as 

provided for in 36 CFR part 228, subpart 

E; a permit as provided for in 36 CFR 


ycherry on PROD1PC64 with PROPOSALS
26580 Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Proposed Rules 

251.15; and an operating plan and a 

letter of authorization as provided for in 

36 CFR part 292, subpart D. 

* * * * * 

Residence means any temporary or 

permanent, natural or fabricated 

structure or object including but are not 

limited to, boats, buildings, buses, 

cabins, houses, lean-tos, mills, motor 

homes, pole barns, recreational vehicles, 

sheds, shops, tents, trailers, caves, cliff 

ledges, and tunnels which is being used 

as, or designed to be used as, living or 

sleeping quarters, in whole or in part, by 

any person, including a watchman, 

except structures or objects used for 

camping. 

* * * * * 

3. Amend § 261.10 Occupancy and 

use, by revising paragraphs (a) and (b) 

and adding (p) to read as follows: 

§ 261.10 Occupancy and use. 

* * * * * 

(a) Constructing, placing, or 

maintaining any kind of road, trail, 

structure, fence, enclosure, 

communications equipment, significant 

surface disturbance, or other 

improvement on National Forest System 

land or facilities without a special-use 

authorization, contract, or approved 

operating plan when such authorization 

is required. 

(b) Constructing, reconstructing, 

improving, maintaining, occupying, or 

using a residence on National Forest 

System land unless authorized by a 

special use authorization or approved 

operating plan when such authorization 

is required. 

* * * * * 

(p) Use or occupancy of National 

Forest System land or facilities without 

an approved operating plan when such 

authorization is required. 

Dated: March 26, 2007. 

Abigail R. Kimbell, 

Chief, Forest Service. 

[FR Doc. E7–8706 Filed 5–9–07; 8:45 am] 

BILLING CODE 3410–11–P 

ARCHITECTURAL AND 

TRANSPORTATION BARRIERS 

COMPLIANCE BOARD 

36 CFR Parts 1193 and 1194 

Telecommunications Act Accessibility 

Guidelines; Electronic and Information 

Technology Accessibility Standards 

AGENCY: Architectural and 

Transportation Barriers Compliance 

Board. 

ACTION: Notice of meeting. 

SUMMARY: The Architectural and 

Transportation Barriers Compliance 

Board (Access Board) has established a 

Telecommunications and Electronic and 

Information Technology Advisory 

Committee (Committee) to assist it in 

revising and updating accessibility 

guidelines for telecommunications 

products and accessibility standards for 

electronic and information technology. 

This notice announces the dates, time, 

and location of the next committee 

meeting, which will be open to the 

public. 

DATES: The meeting is scheduled for 

May 22–24, 2007 (beginning at 9 a.m. 

and ending at 5 p.m. on May 22 and 23; 

and beginning at 9 a.m. and ending at 

3 p.m. on May 24). Notices of future 

meetings will be published in the 

Federal Register. 

ADDRESSES: The meeting will be held at 

the National Science Foundation, 4201 

Wilson Boulevard, Room II–555, 

Arlington, VA 22230. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Creagan, Office of Technical 

and Information Services, Architectural 

and Transportation Barriers Compliance 

Board, 1331 F Street, NW., suite 1000, 

Washington, DC 20004–1111. 

Telephone number: 202–272–0016 

(Voice); 202–272–0082 (TTY). 

Electronic mail address: creagan

@access-board.gov. 

SUPPLEMENTARY INFORMATION: The 

Architectural and Transportation 

Barriers Compliance Board (Access 

Board) established the 

Telecommunications and Electronic and 

Information Technology Advisory 

Committee (Committee) to assist it in 

revising and updating accessibility 

guidelines for telecommunications 

products and accessibility standards for 

electronic and information technology. 

The next meeting of the Committee will 

take place on May 22–24, 2007. A 

summary of the meeting agenda is 

provided below. The full agenda is 

available at the Access Board’s Web site 

at: http://www.access-board.gov/sec508/ 

refresh/agenda.htm. 

Topics To Be Discussed on Tuesday, 

May 22 

Report and discussion on 

recommendations contained in the 

reports of the following subcommittees: 

• Software, Web, and Content 

• General Interface Requirements and 

Functional Performance Criteria 

• Desktops, Portables, Peripherals, 

and Other Computer Hardware 

• Subpart A 

• Documentation and Technical 

Support 

Presentation and directed discussion 

on proposals of the editorial working 

group. 

Topics To Be Discussed on Wednesday, 

May 23 

Report and discussion on 

recommendations contained in the 

reports of the following subcommittees: 

• Telecommunications 

• Audio/Visual 

• Self Contained, Closed Products 

After the reports and discussion on 

recommendations from the 

subcommittees, the following 

subcommittees will meet: 

• Telecommunications 

• Audio/Visual 

• Self Contained, Closed Products 

• Software, Web, and Content 

• General Interface Requirements and 

Functional Performance Criteria 

Topics To Be Discussed on Thursday, 

May 24 

Discussion and resolution of 

proposals of the editorial working group 

followed by these subcommittees 

meetings: 

• Subpart A 

• Desktops, Portables, Peripherals, 

and Other Computer Hardware 

• Documentation and Technical 

Support 

Information about the Committee, 

including future meeting dates is 

available on the Access Board’s Web site 

(http://www.access-board.gov/sec508/ 

update-index.htm) or at a special Web 

site created for the Committee’s work 

(http://teitac.org). The site includes a 

calendar for subcommittee meetings, 

e-mail distribution lists, and a ‘‘Wiki’’

(http://teitac.org/wiki/TEITAC_Wiki) 

which provides interactive online work 

space. 

Committee meetings are open to the 

public and interested persons can attend 

the meetings and communicate their 

views. Members of the public will have 

opportunities to address the Committee 

on issues of interest to them and the 

Committee during public comment 

periods scheduled on each day of the 

meeting. Members of groups or 

individuals who are not members of the 

Committee are invited to participate on 

subcommittees; participation of this 

kind is very valuable to the advisory 

committee process. 

The meeting site is accessible to 

individuals with disabilities. Sign 

language interpreters, an assistive 

listening system, and real-time 

captioning will be provided. For the 

comfort of other participants, persons 

attending Committee meetings are 

requested to refrain from using perfume, 

cologne, and other fragrances. Due to 


ycherry on PROD1PC64 with PROPOSALS