Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Rules and Regulations 4499 

position 27°30.43′ N, 82°34.62′ W, 

thence back to the original position, 

27°30.58′ N, 82°34.62′ W. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port St. Petersburg in the 

enforcement of the regulated areas. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated areas 

unless an authorized race participant. 

(2) Designated representatives may 

control vessel traffic throughout the 

regulated areas as determined by the 

prevailing conditions. 

(3) Persons and vessels may request 

authorization to enter, transit through, 

anchor in, or remain within the 

regulated areas by contacting the 

Captain of the Port St. Petersburg by 

telephone at (727) 824–7506, or a 

designated representative via VHF radio 

on channel 16. If authorization is 

granted by the Captain of the Port St. 

Petersburg or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port St. Petersburg or a 

designated representative. 

(d) Enforcement Date. This section 

will be enforced annually from 11 a.m. 

to 7:30 p.m. on the first Saturday of 

February. 

Dated: January 8, 2015. 

G.D. Case, 

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

Port St. Petersburg. 

[FR Doc. 2015–01620 Filed 1–27–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF TRANSPORATION 

Saint Lawrence Seaway Development 

Corporation 

33 CFR Part 401 

[2135–AA36] 

Seaway Regulations and Rules: 

Periodic Update, Various Categories 

AGENCY: Saint Lawrence Seaway 

Development Corporation, DOT. 

ACTION: Final rule. 

SUMMARY: The Saint Lawrence Seaway 

Development Corporation (SLSDC) and 

the St. Lawrence Seaway Management 

Corporation (SLSMC) of Canada, under 

international agreement, jointly publish 

and presently administer the St. 

Lawrence Seaway Regulations and 

Rules (Practices and Procedures in 

Canada) in their respective jurisdictions. 

Under agreement with the SLSMC, the 

SLSDC is amending the joint regulations 

by updating the Seaway Regulations and 

Rules in various categories. The changes 

will update the following sections of the 

Regulations and Rules: Seaway 

Navigation, and Radio Communications. 

Because these changes to the joint 

regulations are either technical 

amendments or corrections, the SLSDC 

finds that a notice-and-comment period 

would be unnecessary and impractical. 

The rule will become effective on March 

31, 2015 in Canada and in order to 

avoid confusion among the users of the 

Seaway, the rule will become effective 

on the same date in the United States. 

DATES: The rule will become effective 

on March 31, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Mann Lavigne, Chief Counsel, 

Saint Lawrence Seaway Development 

Corporation, 180 Andrews Street, 

Massena, New York 13662; 315/764– 

3200. 

SUPPLEMENTARY INFORMATION: The Saint 

Lawrence Seaway Development 

Corporation (SLSDC) and the St. 

Lawrence Seaway Management 

Corporation (SLSMC) of Canada, under 

international agreement, jointly publish 

and presently administer the St. 

Lawrence Seaway Regulations and 

Rules (Practices and Procedures in 

Canada) in their respective jurisdictions. 

Under agreement with the SLSMC, the 

SLSDC is amending the joint regulations 

by updating the Regulations and Rules 

in various categories. The changes will 

update the following sections of the 

Regulations and Rules: Seaway 

Navigation, and Radio Communications. 

Because these changes to the joint 

regulations are either technical 

amendments or corrections, the SLSDC 

finds that a notice-and-comment period 

would be unnecessary and impractical. 

The rule will become effective on March 

31, 2015 in Canada and in order to 

avoid confusion among the users of the 

Seaway, the rule will become effective 

on the same date in the United States. 

Regulatory Notices 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://www.Regulations.gov. 

The changes to the joint regulations 

are technical amendments or 

corrections. 

Regulatory Evaluation 

This regulation involves a foreign 

affairs function of the United States and 

therefore Executive Order 12866 does 

not apply and evaluation under the 

Department of Transportation’s 

Regulatory Policies and Procedures is 

not required. 

Regulatory Flexibility Act 

Determination 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities. 

The St. Lawrence Seaway Regulations 

and Rules primarily relate to 

commercial users of the Seaway, the 

vast majority of whom are foreign vessel 

operators. Therefore, any resulting costs 

will be borne mostly by foreign vessels. 

Environmental Impact 

This regulation does not require an 

environmental impact statement under 

the National Environmental Policy Act 

(49 U.S.C. 4321, et seq.) because it is not 

a major federal action significantly 

affecting the quality of the human 

environment. 

Federalism 

The Corporation has analyzed this 

rule under the principles and criteria in 

Executive Order 13132, dated August 4, 

1999, and has determined that this rule 

does not have sufficient federalism 

implications to warrant a Federalism 

Assessment. 

Unfunded Mandates 

The Corporation has analyzed this 

rule under Title II of the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4, 109 Stat. 48) and determined that 

it does not impose unfunded mandates 

on State, local, and tribal governments 

and the private sector requiring a 

written statement of economic and 

regulatory alternatives. 

Paperwork Reduction Act 

This regulation has been analyzed 

under the Paperwork Reduction Act of 

1995 and does not contain new or 

modified information collection 

requirements subject to the Office of 

Management and Budget review. 

List of Subjects in 33 CFR Part 401 

Hazardous materials transportation, 

Navigation (water), Penalties, Radio, 

Reporting and recordkeeping 

requirements, Vessels, Waterways. 


wreier-aviles on DSK4TPTVN1PROD with RULES
4500 Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Rules and Regulations 

Accordingly, the Saint Lawrence 

Seaway Development Corporation is 

amending 33 CFR part 401, Regulations 

and Rules, as follows: 

PART 401—SEAWAY REGULATIONS 

AND RULES 

Subpart A—Regulations 

■ 1. The authority citation for subpart A 

of part 401 continues to read as follows: 

Authority: 33 U.S.C. 983(a) and 984(a)(4), 

as amended; 49 CFR 1.52, unless otherwise 

noted. 

■ 2. In § 401.29, remove footnote 1 and 

revise paragraph (a) to read as follows: 

§ 401.29 Maximum draft. 

(a) Notwithstanding any provision 

herein, the loading of cargo, draft and 

speed of a vessel in transit shall be 

controlled by the master, who shall take 

into account the vessel’s individual 

characteristics and its tendency to list or 

squat, so as to avoid striking bottom. 

* * * * * 

■ 3. Revise § 401.61 to read as follows: 

§ 401.61 Assigned frequencies. 

The Seaway stations operate on the 

following assigned VHF frequencies: 

156.8 MHz—(channel 16)—Distress 

and Calling. 

156.7 MHz—(channel 14)—Working 

(Canadian stations in Sector 1 and the 

Welland Canal). 

156.65 MHz—(channel 13)—Working 

(U.S. station in Lake Ontario). 

156.6 MHz—(channel12)—Working 

(U.S. station in Lake Ontario). 

156.6 MHz—(channel 12)—Working 

(U.S. stations in Sector 2 of the River); 

and 

156.55 MHz—(channel 11)—Working 

(Canadian stations in Sector 3, Lake 

Ontario and Lake Erie). 

Issued at Washington, DC, on January 23, 

2015. 

Saint Lawrence Seaway Development 

Corporation. 

Carrie Lavigne, 

Chief Counsel. 

[FR Doc. 2015–01554 Filed 1–27–15; 8:45 am] 

BILLING CODE 4910–61–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Parts 212 and 261 

RIN 0596–AD17 

Use By Over-Snow Vehicles (Travel 

Management Rule) 

AGENCY: Forest Service, USDA. 

ACTION: Final rule. 

SUMMARY: The Forest Service manages 

winter uses to protect National Forest 

System (NFS) resources and to provide 

a range of opportunities for motorized 

and non-motorized recreation. In 2005, 

the agency regulated winter motorized 

use as a discretionary activity under its 

regulations for Use by Over-Snow 

Vehicles. Consistent with a court order 

dated March 29, 2013, the United States 

Department of Agriculture (the 

Department) amends the Department’s 

travel management rule (TMR) to 

require designation of roads, trails, and 

areas on NFS lands to provide for oversnow vehicle (OSV) use. An over-snow 

vehicle is defined as ‘‘a motor vehicle 

that is designed for use over snow and 

that runs on a track and/or a ski or skis, 

while in use over snow’’. The 

Responsible Official will establish a 

system of routes and areas to provide for 

over-snow vehicle use. The regulations 

will continue to exempt over-snow 

vehicle use from the travel management 

rule, which provides for designation of 

a system of routes and areas for other 

types of motor vehicle use. 

DATES: This rule is effective February 

27, 2015. 

ADDRESSES: The record for this final rule 

contains all the documents pertinent to 

this rulemaking. These documents are 

available for inspection and copying at 

the Office of the Director, Recreation, 

Heritage, and Volunteer Resources Staff, 

5th Floor, Sidney R. Yates Federal 

Building, 1400 Independence Avenue 

SW., Washington, DC, on business days 

between 8:30 a.m. and 4:00 p.m. Those 

wishing to inspect or copy these 

documents are encouraged to call Jamie 

Schwartz, Recreation, Heritage, and 

Volunteer Resources Staff, at 202–205– 

1589 beforehand to facilitate access into 

the building. 

FOR FURTHER INFORMATION CONTACT: 

Jamie Schwartz, 202–205–1589, 

Recreation, Heritage, and Volunteer 

Resources Staff. 

SUPPLEMENTARY INFORMATION: 

1. Background and Need for the Rule 

Between 1982 and 2009, the number 

of people who operated motor vehicles 

off road increased by more than 153 

percent in the United States (‘‘Outdoor 

Recreation Trends and Futures, a 

Technical Document Supporting the 

Forest Service 2010 RPA [Forest and 

Rangeland Renewable Resources 

Planning Act of 1974] Assessment,’’ p. 

135 (H. Cordell, 2012)). While both 

motor vehicle use and OSV use are 

increasing in the National Forests and 

Grasslands, so are many other types of 

recreational activities. From 1982 to 

2009, the number of people in the 

United States participating in viewing 

or photographing birds increased 304.2 

percent, the number of people 

participating in day hiking increased 

228.2 percent, the number of people 

participating in backpacking increased 

167 percent, the number of people 

participating in fishing increased 36 

percent, and the number of people 

participating in hunting increased 34 

percent (id. at 135–36). Providing for the 

long-term sustainable use of NFS lands 

and resources is essential to maintaining 

the quality of the recreation experience 

in the National Forests and Grasslands. 

In 2005, the Forest Service (Agency) 

promulgated the TMR to provide more 

effective management of public motor 

vehicle use. The 2005 TMR includes 

subpart B, which requires designation of 

those NFS roads, NFS trails, and areas 

on NFS lands where public motor 

vehicle use is allowed (36 CFR 

212.51(a)), and subpart C, under which 

the Responsible Official has the 

discretion to determine whether to 

regulate OSV use and to establish a 

system of routes and areas where OSV 

use is allowed unless prohibited or a 

system of routes and areas where OSV 

use is prohibited unless allowed. 

Subpart C of the 2005 TMR authorizes 

but does not require the Responsible 

Official to allow, restrict, or prohibit 

OSV use on NFS roads, on NFS trails, 

and in areas on NFS lands. 

On March 29, 2013, the U.S. District 

Court for the District of Idaho ruled that 

subpart C of the TMR violated Executive 

Order (E.O.) 11644, as amended by E.O. 

11989. Winter Wildlands Alliance v. 

U.S. Forest Serv., 2013 WL 1319598, No. 

1:11–CV–586–REB (D. Idaho Mar. 29, 

2013). The court did not rule that the 

Agency lacks the discretion to 

determine how to regulate OSV use. To 

the contrary, the court held that the 

Forest Service has the discretion to 

determine where and when OSV use 

can occur on NFS lands. The ruling 

requires the Agency to designate routes 

and areas where OSV use is permitted 

and routes and areas where OSV use is 

not permitted on NFS lands, consistent 

with E.O. 11644, as amended by E.O. 

11989, sec. 3(a), but does not dictate 

where and when OSV use can occur on 

those lands. The court ordered the 

Forest Service to issue a new rule 

consistent with the E.O.s. 

The Department is amending subpart 

C of the TMR to provide for 

management of OSVs on NFS lands 

consistent with the EOs, the court’s 

order, and subpart B of the TMR. 

Specifically, the Department is 

amending subpart C of the TMR to 


wreier-aviles on DSK4TPTVN1PROD with RULES