72990 Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Rules and Regulations 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect 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. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have Tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect 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. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or Tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone that will prohibit mariners and the 

public near the opening of St. Louis 

Bay, extending the entire width of the 

channel approximately 1 mile south of 

the Hwy 90 Bridge in Bay St. Louis, MS. 

It is categorically excluded from further 

review under paragraph L60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T08–0768 to read as 

follows: 

§ 165.T08–0768 Safety Zone; Bay St. 

Louis, MS. 

(a) Location. The following area is a 

safety zone: All navigable waters of St. 

Louis Bay, Bay St. Louis, MS, bound by 

a line connecting the following 

coordinates beginning at 30°19.133′ N, 

89°19.317′ W, thence to 30°18.967′ N, 

89°17.417′ W, thence to 30°18.367′ N, 

89°19.650′ W, thence to 30°18.300′ N, 

89°17.567′ W, then back to the point of 

origin. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Sector 

Mobile Captain of the Port (COTP) in 

the enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

No person may anchor, dredge, or trawl 

in the safety zone unless authorized by 

the COTP or the COTP’s designated 

representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

designated representative on VHF–CH 

16. Those in the safety zone must 

comply with all lawful orders or 

directions given to them by the COTP or 

the COTP’s designated representative. 

(d) Enforcement period. This section 

will be enforced September 15, 2024, 

from 7 to 9:30 a.m. The enforcement 

period will be announced via marine 

broadcast, local notice to mariners, or by 

an on-scene oral notice as appropriate. 

Dated: September 3, 2024. 

M.O. Vega, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Mobile. 

[FR Doc. 2024–20211 Filed 9–6–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Parts 214 and 251 

RIN 0596–AD56 

Special Uses; Land Use Fees; 

Temporary Land Use Fee Reductions 

for Recreation Residence Permits 

AGENCY: Forest Service, USDA. 

ACTION: Final rule. 

SUMMARY: The Forest Service (Forest 

Service or Agency), United States 

Department of Agriculture, is issuing 

this final rule to update its special uses 

regulations, consistent with the 

requirement in the Cabin Fee Act, to 

provide for suspension or temporary 


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Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Rules and Regulations 72991 

reduction of the land use fee for a 

recreation residence permit if access to 

or occupancy of the recreation residence 

is significantly restricted. 

DATES: The final rule is effective 

October 9, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Brandon Smith, Lands, Minerals, and 

Geology Management Staff, (406) 491– 

1605 or brandon.c.smith@usda.gov. 

Individuals who use 

telecommunications devices for the 

hearing-impaired may call 711 to reach 

the Telecommunications Relay Service, 

24 hours a day, every day of the year, 

including holidays. 

SUPPLEMENTARY INFORMATION: 

Background 

The Forest Service administers the 

use and occupancy of National Forest 

System lands through issuance of 

special use authorizations. The Forest 

Service administers approximately 

74,000 special use authorizations, 

including nearly 14,000 recreation 

residence permits for use and 

occupancy of National Forest System 

lands across 24 states and 114 national 

forests. Recreation residences are 

privately owned cabins that have been 

authorized on National Forest System 

lands since 1915. Like other types of 

special use authorizations, permits for 

recreation residences are subject to an 

annual land use fee, payable in advance 

at the beginning of the calendar year. 

Need for the Final Rule 

The Cabin Fee Act of 2014 (16 U.S.C. 

6214) establishes a tiered fee structure 

for the use and occupancy of recreation 

residences on National Forest System 

lands. Section (f)(3)(A) of the Cabin Fee 

Act (16 U.S.C. 6214(f)(3)(A)) requires 

the Forest Service to establish criteria by 

which the annual land use fee for a 

recreation residence permit may be 

suspended or temporarily reduced if 

access to or occupancy of the recreation 

residence is significantly restricted. 

Section (f)(3)(B) of the Cabin Fee Act (16 

U.S.C. 6214(f)(3)(B)) requires the 

determination of whether to suspend or 

temporarily reduce the annual land use 

fee for a recreation residence permit to 

be administratively appealable. 

Revisions to 36 CFR Part 214 

The final rule amends 36 CFR 214.4(c) 

by adding paragraph (6) to provide for 

appeal of a decision of whether to 

temporarily reduce the annual land use 

fee for a recreation residence permit 

during significantly restricted access to 

or occupancy of the recreation 

residence. 

Revisions to 36 CFR Part 251, Subpart 

B 

The final rule adds a definition to 36 

CFR 251.51 for the term ‘‘significantly 

restricted access to or occupancy of a 

recreation residence,’’ which is defined 

as when access to or occupancy of a 

recreation residence is prohibited by 

law for a period of at least 30 

consecutive calendar days (a) by an 

order issued under 36 CFR part 261, 

subpart B, closing an area including the 

National Forest System lands occupied 

by the recreation residence or closing a 

National Forest System road providing 

the sole access to the recreation 

residence to address public health or 

safety concerns, such as severe risk of 

fire or flooding, or (b) by a State or 

county department of transportation 

imposing a round-the-clock closure of a 

State or county road providing the sole 

access to a recreation residence. The 

objectivity and simplicity of this 

definition avoids the need for a detailed 

factual inquiry or exercise of discretion, 

thereby facilitating and enhancing 

consistency in implementation. 

The definition for ‘‘significantly 

restricted access to or occupancy of a 

recreation residence’’ does not include 

other situations where access to or 

occupancy of the recreation residence is 

restricted, such as situations where the 

recreation residence cannot be accessed 

or occupied because a private access 

road or the recreation residence has not 

been adequately maintained or where a 

private access road or the recreation 

residence has been destroyed or 

substantially damaged. The Department 

believes these situations should be 

outside the scope of the temporary land 

use fee reduction, consistent with the 

risk of loss clause in the term special 

use permit for recreation residences, 

which is a standard clause in special 

use authorizations. 

The final rule amends 36 CFR 251.57 

by adding paragraph (i) to provide for 

temporarily reducing the annual land 

use fee for a recreation residence permit 

during significantly restricted access to 

or occupancy of the recreation 

residence. For consistency and ease of 

implementation, the final rule provides 

for temporarily reducing the land use 

fee proportionate to the number of days 

of significantly restricted access to or 

occupancy of the recreation residence, 

rather than for suspending the land use 

fee after significantly restricted access to 

or occupancy of the recreation residence 

has reached a specified number of days. 

A temporary land use fee reduction will 

be calculated by dividing the annual 

land use fee for the recreation residence 

by 365 to determine the daily land use 

fee and then multiplying the daily land 

use fee by the number of days of 

significantly restricted access to or 

occupancy of the recreation residence. 

For ease of administration, if 

significantly restricted access to or 

occupancy of a recreation residence 

includes part of one day, that day would 

be counted as a whole day. A temporary 

land use fee reduction during 

significantly restricted access to or 

occupancy of a recreation residence will 

be applied to the annual land use fee for 

the recreation residence permit for the 

following year. 

The final rule has no effect on the risk 

of loss clause in term special use 

permits for recreation residences, other 

than by temporarily reducing the annual 

land use fee for a recreation residence 

permit in accordance with the terms of 

the final rule, consistent with the Cabin 

Fee Act. The final rule has no effect on 

any other type of special use or special 

use authorization. 

This final rule is entirely within the 

scope of section (f)(3)(A) and (B) of the 

Cabin Fee Act (16 U.S.C. 6214(f)(3)(A) 

and (B)), which is unambiguous. Section 

(f)(3)(A) requires the Department to 

promulgate regulations that ‘‘establish 

criteria pursuant to which the annual 

fee determined in accordance with this 

section may be suspended or reduced 

temporarily if access to, or the 

occupancy of, the recreational residence 

is significantly restricted.’’ Section 

(f)(3)(A) thus gives the Department 

discretion to determine the criteria for 

suspending or temporarily reducing the 

annual land use fee if access to or 

occupancy of a recreation residence is 

significantly restricted. The final rule 

establishes those criteria as provided by 

the Cabin Fee Act. Section (f)(3)(B) of 

the Cabin Fee Act requires the 

Department to promulgate regulations 

that ‘‘grant the cabin owner the right of 

an administrative appeal of the 

determination made in accordance with 

subparagraph (A) whether to suspend or 

reduce temporarily the annual fee.’’ The 

final rule provides for such an 

administrative appeal right as required 

by the Cabin Fee Act. 

Summary of Comments and Responses 

Overview 

The proposed rule was published in 

the Federal Register on October 2, 2023 

(88 FR 67694). The Federal Register 

notice provided for a 60-day comment 

period that closed December 1, 2023. 

The Forest Service received 29 

comments during the comment period. 

One comment was from an organization, 

and the other comments, which were 

from individuals, referenced the 


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comment from the organization or 

incorporated text from that comment 

with slight modifications. Most of the 

comments addressed the scope of the 

criteria for determining when a 

recreation residence would qualify for a 

suspension or temporary reduction of 

the annual land use fee for a recreation 

residence and the calculation for 

determining a temporary reduction in 

the annual land use fee. 

The comments on the proposed rule 

and the Department’s responses follow. 

General Comments 

Comment: Several commenters 

believed that the requirement in the 

Cabin Fee Act to provide for suspension 

or temporary reduction of the annual 

land use fee for a recreation residence 

permit if access to or occupancy of the 

recreation residence is significantly 

restricted should be interpreted broadly 

to encompass a wide range of scenarios. 

These commenters believed that 

additional scenarios, such as when a 

recreation residence is destroyed or 

partially damaged, should trigger a 

suspension or temporary reduction of 

the annual land use fee for a recreation 

residence because of significantly 

restricted access to or occupancy of the 

recreation residence. 

Response: As required by the Cabin 

Fee Act, the proposed and final rules 

specify the criteria for when the annual 

land use fee for a recreation residence 

permit will be temporarily reduced if 

access to or occupancy of the recreation 

residence is significantly restricted. 

Recreation residence permits contain 

standard terms to provide for legal and 

programmatic sufficiency and that are 

included in special use authorizations 

for a wide range of uses and activities 

on National Forest System lands. 

Comments regarding standard terms in 

recreation residence permits, including 

the risk of loss clause, are outside the 

scope of the proposed and final rules. 

The Federal Register notices for the 

proposed and final rules reference the 

standard risk of loss clause in the 

recreation residence permit strictly in 

connection with scenarios that will not 

trigger a temporary reduction in the 

annual land use fee because they are 

risks assumed by the holder under the 

standard risk of loss clause, and to limit 

the effect of the rule on the standard risk 

of loss clause to providing for 

temporarily reducing the annual land 

use fee for a recreation residence permit 

in accordance with the terms of the 

proposed and final rules, consistent 

with the Cabin Fee Act. 

This final rule implements a statutory 

requirement in the Cabin Fee Act to 

provide for suspension or temporary 

reduction of the annual land use fee for 

a recreation residence because of 

significantly restricted access to or 

occupancy of the recreation residence. 

The Cabin Fee Act requires the rule to 

specify the criteria for when this 

requirement is met. The specific criteria 

in the rule are when access to or 

occupancy of a recreation residence is 

prohibited by law for a period of at least 

30 consecutive calendar days either (a) 

by an order issued under 36 CFR part 

261, subpart B, closing an area 

including the National Forest System 

lands occupied by the recreation 

residence or closing a National Forest 

System road providing the sole access to 

the recreation residence to address 

public health or safety concerns, such as 

severe risk of fire or flooding, or (b) by 

a State or county department of 

transportation imposing a round-theclock closure of a State or county road 

providing the sole access to a recreation 

residence. 

The Department does not believe it is 

appropriate to include other situations 

where access to or occupancy of a 

recreation residence is restricted, such 

as situations where the recreation 

residence cannot be accessed or 

occupied because a private access road 

or the recreation residence has not been 

adequately maintained or where a 

private access road or the recreation 

residence has been destroyed or 

substantially damaged. The Department 

believes these situations fall outside the 

scope of the temporary annual land use 

fee reduction for a recreation residence 

because they are risks assumed by the 

holder of a recreation residence permit 

under the standard risk of loss clause in 

form FS–2700–5a, Term Special Use 

Permit for Recreation Residences. 

Comment: Commenters expressed 

interest in factoring in seasonal and 

weather-related limitations on access to 

a recreation residence in calculating a 

temporary reduction in the annual land 

use fee for a recreation residence based 

on significantly restricted access to or 

occupancy of the recreation residence. 

Response: Access to recreation 

residences was considered in and 

influenced the valuation process that 

was used to establish the 11 land use fee 

tiers in the Cabin Fee Act. The 

methodology in the final rule for 

calculating the temporary reduction in 

the annual land use fee for significantly 

restricted access to or occupancy of a 

recreation residence allows for a 

simplified, consistent, and national 

approach that avoids additional 

processes and analysis. Annual land use 

fees for recreation residences are 

charged for the entire year, and there is 

nothing in form FS–2700–5a, Term 

Special Use Permit for Recreation 

Residences, that limits the use and 

occupancy for any season. Recreation 

residences may be used any month of 

the year and depending on the 

circumstances may be accessed on foot 

or by over-snow vehicle, snowshoes, or 

watercraft, as well as by car. The No 

Warranty of Access, Site Suitability, or 

Services clause in Form FS–2700–5a 

states that the Forest Service does not 

make any express or implied warranty 

of access to the permit area, of the 

suitability of the permit area for the 

authorized uses, or for the furnishing of 

road or trail maintenance, water, fire 

protection services, search and rescue 

services, or any other services by a 

government agency, utility, association, 

or individual. 

Regulatory Certifications 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Executive Order 12866 provides that 

the Office of Information and Regulatory 

Affairs in the Office of Management and 

Budget will determine whether a 

regulatory action is significant and will 

review significant regulatory actions. 

The Office of Information and 

Regulatory Affairs has determined that 

this final rule is not significant. 

Executive Order 13563 reaffirms the 

principles of Executive Order 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 

Department has developed the final rule 

consistent with Executive Order 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.), the Office of Information and 

Regulatory Affairs has designated this 

final rule as not a major rule as defined 

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

National Environmental Policy Act 

The final rule updates the 

Department’s regulations consistent 

with the requirement in the Cabin Fee 

Act to provide for a suspension or 

temporary reduction in the annual land 

use fee for a recreation residence permit 

if access to or occupancy of the 

recreational residence is significantly 

restricted. 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 


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Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 / Rules and Regulations 72993 

to establish servicewide administrative 

procedures, program processes, or 

instructions.’’ The Department’s 

assessment is that this final 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. 

Regulatory Flexibility Act Analysis 

The Department has considered the 

final rule under the requirements of the 

Regulatory Flexibility Act (5 U.S.C. 602 

et seq.). The final rule updates the 

Department’s regulations consistent 

with the requirement in the Cabin Fee 

Act to provide for a suspension or 

temporary reduction in the annual land 

use fee for a recreation residence permit 

if access to or occupancy of the 

recreational residence is significantly 

restricted. This final rule will not have 

any direct effect on small entities as 

defined by the Regulatory Flexibility 

Act. The final rule will not impose 

recordkeeping requirements on small 

entities; will not affect their competitive 

position in relation to large entities; and 

will not affect their cash flow, liquidity, 

or ability to remain in the market. 

Therefore, the Department has 

determined that this final rule will not 

have a significant economic impact on 

a substantial number of small entities 

pursuant to the Regulatory Flexibility 

Act. 

Federalism 

The Department has considered the 

final rule under the requirements of 

Executive Order 13132, Federalism. The 

Department has determined that the 

final rule conforms with the federalism 

principles set out in this executive 

order; will not impose any compliance 

costs on the States; and will not have 

substantial direct effects on the States, 

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 

Department has concluded that the final 

rule does not have federalism 

implications. 

Consultation and Coordination With 

Indian Tribal Governments 

Executive Order 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. 

The final rule updates the Department’s 

regulations consistent with the 

requirement in the Cabin Fee Act to 

provide for a suspension or temporary 

reduction in the annual land use fee for 

a recreation residence permit if access to 

or occupancy of the recreational 

residence is significantly restricted. The 

Department has reviewed this final rule 

in accordance with the requirements of 

Executive Order 13175 and has 

determined that this final rule will 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 

final rule. 

Environmental Justice 

The Department has considered the 

final rule under the requirements of 

Executive Order 12898, Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations. The Department has 

determined that the final rule is not 

expected to result in disproportionately 

high and adverse impacts on minority or 

low-income populations or the 

exclusion of minority and low-income 

populations from meaningful 

involvement in decision-making. 

Family Policymaking Assessment 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277), requires 

Federal agencies to issue a Family 

Policymaking Assessment for a rule that 

may affect family well-being. The final 

rule will have no impact on the 

autonomy or integrity of the family as 

an institution. Accordingly, the 

Department has concluded that it is not 

necessary to prepare a Family 

Policymaking Assessment for the final 

rule. 

No Takings Implications 

The Department has analyzed the 

final rule in accordance with the 

principles and criteria in Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. The 

Department has determined that the 

final rule will not pose the risk of a 

taking of private property. 

Energy Effects 

The Department has reviewed the 

final rule under Executive Order 13211, 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. The Department 

has determined that the final rule will 

not constitute a significant energy action 

as defined in Executive Order 13211. 

Civil Justice Reform 

The Department has analyzed the 

final rule in accordance with the 

principles and criteria in Executive 

Order 12988, Civil Justice Reform. After 

adoption of the final rule, (1) all State 

and local laws and regulations that 

conflict with the final rule or that 

impede its full implementation will be 

preempted; (2) no retroactive effect will 

be given to the final rule; and (3) it will 

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 Department has 

assessed the effects of the final rule on 

State, local, and Tribal governments and 

the private sector. The final rule will 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 

The final rule does not contain 

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. 

List of Subjects 

36 CFR Part 214 

Administrative practice and 

procedure, National forests. 

36 CFR Part 251 

Administrative practice and 

procedure, Alaska, Electric power, 

Mineral resources, National forests, 

Public lands—rights-of-way, Reporting 

and recordkeeping requirements, Water 

resources. 

Therefore, for the reasons set forth in 

the preamble, the Forest Service amends 

chapter II of title 36 of the Code of 

Federal Regulations as follows: 


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PART 214—POSTDECISIONAL 

ADMINISTRATIVE REVIEW PROCESS 

FOR OCCUPANCY OR USE OF 

NATIONAL FOREST SYSTEM LANDS 

AND RESOURCES 

■ 1. The authority citation for part 214 

continues to read as follows: 

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

551. 

■ 2. Amend § 214.4(c) by adding 

paragraph (c)(6) to read as follows: 

§ 214.4 Decisions that are appealable. 

* * * * * 

(c) * * * 

(6) A decision of whether to 

temporarily reduce the annual land use 

fee for a recreation residence permit 

during a period of significantly 

restricted access to or occupancy of the 

recreation residence. 

* * * * * 

PART 251—LAND USES 

Subpart B—Special Uses 

■ 3. The authority citation for part 251, 

subpart B, continues to read as follows: 

Authority: 16 U.S.C. 460l–6a, 460l–6d, 

472, 497b, 497c, 551, 580d, 1134, 3210; 30 

U.S.C. 185; 43 U.S.C. 1740, 1761–1772. 

■ 4. Amend § 251.51 by adding in 

alphabetical order a definition for 

‘‘significantly restricted access to or 

occupancy of a recreation residence’’ to 

read as follows: 

§ 251.51 Definitions. 

* * * * * 

Significantly restricted access to or 

occupancy of a recreation residence— 

When access to or occupancy of a 

recreation residence is prohibited by 

law for a period of at least 30 

consecutive calendar days: 

(1) By an order issued under 36 CFR 

part 261, subpart B, closing an area 

including the National Forest System 

lands occupied by the recreation 

residence or closing a National Forest 

System road providing the sole access to 

the recreation residence to address 

public health or safety concerns, such as 

severe risk of fire or flooding, or 

(2) By a State or county department of 

transportation imposing a round-theclock closure of a State or county road 

providing the sole access to a recreation 

residence. 

* * * * * 

■ 5. Amend § 251.57 by adding 

paragraph (i) to read as follows: 

§ 251.57 Land use fees. 

* * * * * 

(i) The annual land use fee for a 

recreation residence permit shall be 

temporarily reduced during periods of 

significantly restricted access to or 

occupancy of the recreation residence. 

A temporary land use fee reduction for 

significantly restricted access to or 

occupancy of a recreation residence 

shall be calculated by dividing the 

annual land use fee for the recreation 

residence permit by 365 to determine 

the daily land use fee and then 

multiplying the daily land use fee by the 

number of days of significantly 

restricted access to or occupancy of the 

recreation residence. If significantly 

restricted access to or occupancy of the 

recreation residence includes part of 

one day, that day shall be counted as a 

whole day. A temporary land use fee 

reduction during significantly restricted 

access to or occupancy of a recreation 

residence shall be applied as a credit to 

the annual land use fee for the 

recreation residence permit for the 

following year. 

Homer Wilkes, 

Under Secretary, Natural Resources and 

Environment. 

[FR Doc. 2024–20239 Filed 9–6–24; 8:45 am] 

BILLING CODE 3411–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2023–0080; FRL–12040–01– 

OCSPP] 

Saflufenacil; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

new tolerances for residues of 

saflufenacil in or on Mint, dried leaves 

and Mint, fresh leaves and crop group 

expansions for Fruit, citrus, group 10– 

10; Fruit, pome, group 11–10; Fruit, 

stone, group 12–12; and Nut, tree, group 

14–12. The Interregional Project 

Number 4 (IR–4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

September 9, 2024. Objections and 

requests for hearings must be received 

on or before November 8, 2024, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2023–0080, is 

available at https://www.regulations.gov 

or in-person at the Office of Pesticide 

Programs Regulatory Public Docket 

(OPP Docket) in the Environmental 

Protection Agency Docket Center (EPA/ 

DC), West William Jefferson Clinton 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW, Washington, DC 20460–0001. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room and the OPP Docket is 

(202) 566–1744. For the latest status 

information on EPA/DC services, docket 

access, visit https://www.epa.gov/ 

dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Director, Registration 

Division (7505T), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (202) 566–1030; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Office of the Federal Register’s eCFR site at https://www.ecfr.gov/ 

current/title-40/chapter-I/subchapter-E/ 

part-180. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 


ddrumheller on DSK120RN23PROD with RULES1