Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Rules and Regulations 70493 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (34)(g), of the 

Instruction, from further environmental 

documentation. Under figure 2–1, 

paragraph (34)(g), of the Instruction, an 

‘‘Environmental Analysis Check List’’

and a ‘‘Categorical Exclusion 

Determination’’ are not required for this 

rule. 

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: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. A new temporary § 165.T07–153 is 

added to read as follows: 

§ 165.T07–153 Security Zone; Sea buoy at 

the entrance of St. Mary’s River to Kings 

Bay, GA. 

(a) Regulated area. The Coast Guard is 

establishing a temporary moving 

security zone around foreign naval 

submarines when they are within a 

regulated area 12 nautical miles offshore 

from the baseline, also known as the 

shoreline, at the mouth of the St. Mary’s 

River to the Kings Bay Naval Submarine 

Base, Kings Bay, GA. The temporary 

security zone encompasses all waters 

within 500 yards in any direction 

around a foreign navy submarine 

transiting within the regulated area. 

(b) Definitions. The following 

definitions apply to this section: 

Designated representatives 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 (COTP), 

Jacksonville, Florida, in the enforcement 

of the regulated navigation areas and 

security zones. 

Minimum safe speed means the speed 

at which a vessel proceeds when it is 

fully off plane, completely settled in the 

water and not creating excessive wake. 

Due to the different speeds at which 

vessels of different sizes and 

configurations may travel while in 

compliance with this definition, no 

specific speed is assigned to minimum 

safe speed. In no instance should 

minimum safe speed be interpreted as a 

speed less than that required for a 

particular vessel to maintain 

steerageway. A vessel is not proceeding 

at minimum safe speed if it is: 

(1) On a plane; 

(2) In the process of coming up onto 

or coming off a plane; or 

(3) Creating an excessive wake. 

(c) Regulations. In accordance with 

the general regulations in § 165.33 of 

this part, anchoring, mooring or 

transiting in the security zone described 

in paragraph (a) of this section is 

prohibited unless authorized by the 

Coast Guard Captain of the Port 

Jacksonville, FL or his designated 

representative. Persons or vessels that 

receive permission to enter the security 

zone must proceed at a minimum safe 

speed, must comply with all orders 

issued by the COTP or his designated 

representative, and must not proceed 

any closer than 100 yards, in any 

direction, to the submarine. 

(d) Dates. This section is effective 

from 8 a.m. on November 10, 2005, until 

12 midnight on December 1, 2005. 

Dated: November 10, 2005. 

David L. Lersch, 

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

Port Jacksonville. 

[FR Doc. 05–23097 Filed 11–21–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD11–05–002] 

RIN 1625–AA11 

Regulated Navigation Area; San Diego 

Bay, Mission Bay and Their 

Approaches, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a regulated navigation area 

(RNA) within San Diego Bay, Mission 

Bay, and their approaches out to the 12 

70494 Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Rules and Regulations 

nautical mile limit of the territorial sea. 

This action is necessary to provide the 

COTP a greater situational awareness of 

vessels intending to enter San Diego Bay 

or Mission Bay, to allow the COTP to 

enforce safety and security zones 

associated with naval vessel movements 

and exercises, and increase awareness of 

potential threats to national security 

assets within the area. This RNA will 

ensure the safe movement of vessels in 

the vicinity of San Diego Bay and 

Mission Bay. 

DATES: This rule is effective December 

22, 2005. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, are part of 

docket CGD11 05–002 and are available 

for inspection or copying at USCG 

Sector San Diego between 9:30 a.m. and 

2 p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

LCDR Andrew Cheney, Chief, Ports and 

Waterways Division, USCG Sector San 

Diego, telephone number 619–278–

7261. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On July 15, 2005, we published a 

Notice of Proposed Rulemaking (NPRM) 

entitled, Regulated Navigation Area; San 

Diego Bay, Mission Bay and Their 

Approaches, California in the Federal 

Register (70 FR 40944). We received no 

letters commenting on the proposed 

rule. No public meeting was requested, 

and none was held. 

Background and Purpose 

This rule is one of a number of 

measures to reduce potential terrorist 

threats to the Port of San Diego, 

California. San Diego is the homeport of 

numerous U.S. naval vessels and 

facilities. The RNA increases the safety 

and security of naval vessels and 

facilities, commercial vessels, and the 

public by improving enforcement of 

safety and security zones by providing 

greater situational awareness regarding 

vessel operations in the area. 

In this rulemaking, the Coast Guard 

introduces a series of procedures to 

organize the flow and operation of 

vessels legitimately seeking to enter, 

leave or navigate within San Diego Bay 

or Mission Bay. These procedures apply 

to vessels of 100 GT or more, including 

tug and barge combinations of 100 GT 

or more (combined) intending to enter, 

leave or navigate within San Diego Bay 

or Mission Bay. These regulations do 

not apply to vessels engaged in innocent 

passage, force majeure or any other 

entry allowed under principles of 

international law regardless of their 

presence in the RNA. Vessels operating 

Automatic Identification System (AIS) 

in accordance with the AIS carriage 

requirements of the Maritime 

Transportation Security Act of 2002 

(MTSA) and the International Maritime 

Organization requirements adopted 

under International Convention for the 

Safety of Life at Sea, 1974, (SOLAS) as 

amended, are also exempt from this 

regulation. The procedures are as 

follows: 

Vessels intending to cross the 

COLREGS Demarcation Line (denoted in 

33 CFR 80.1104 or 80.1106) and enter 

San Diego Bay or Mission Bay as part of 

normal operations must obtain 

permission from the COTP or 

designated representative upon entering 

into the RNA established in 33 CFR 

165.1122. Further, vessels of 100 GT or 

more that have already crossed the 

COLREGS Demarcation Line and 

entered San Diego or Mission Bay and 

intend to depart or move within the 

RNA must request permission from the 

COTP or designated representative. The 

Coast Guard recommends seeking 

permission 30 minutes prior to 

anticipated entry into the RNA or 

commencement of movement within the 

RNA to avoid delays. 

Upon receiving permission from the 

COTP or designated representative, the 

vessel may enter, depart, or move 

within the RNA and proceed in 

accordance with directives provided by 

the COTP or designated representative. 

Communication with the COTP may 

be made by telephone at (619) 278–7033 

(select option 2) or via VHF–FM marine 

band radio on channel 16 (156.800 

Mhz). Coast Guard Information 

regarding Port Security requirements in 

San Diego and Mission Bay will be 

conveyed via marine information 

broadcast on VHF–FM marine band 

radio, channel 22A (157.1 MHz). 

Discussion of Comments and Changes 

The Coast Guard received no 

comments on the proposed rule and has 

not changed the regulations from those 

proposed in the published NPRM. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). 

This conclusion is based on the fact 

that this rule applies only to vessels of 

100 GT or more, as described above, 

which are not using AIS and that intend 

on entering, departing, or moving 

within San Diego Bay or Mission Bay. 

This rule is not intended to infringe on 

internationally recognized principles 

such as innocent passage and force 

majeure. Further, because this rule is 

designed to manage the flow of qualified 

vessels, we do not anticipate significant 

delays in the movement of vessels 

through San Diego or Mission Bay. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule would not 

have a significant economic impact on 

a substantial number of small entities. 

This rule will affect only the 

following entities, some of which may 

be small entities: owners and operators 

of commercial vessels of 100 GT or more 

intending to enter, depart, or move in 

San Diego Bay or Mission Bay. Because 

the number of small entities owning/ 

operating commercial vessels of this 

size is not substantial and there is little 

anticipation of delay when requesting 

entry into San Diego Bay or Mission Bay 

the economic impact of this rule should 

be minimal. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. If 

your small business, organization, or 

governmental jurisdiction is affected by 

this rule and you have questions 

concerning its provisions or options for 

compliance, please contact LCDR 

Andrew Cheney, Chief, Ports and 

Waterways Division, USCG Sector San 

Diego, 619–278–7261. 

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 

Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Rules and Regulations 70495 

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). 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501–

3520. 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

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 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. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

would not create an environmental risk 

to health or risk to safety that might 

disproportionately affect children. 

Indian Tribal Governments 

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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (34)(g), of the 

Instruction, from further environmental 

documentation because it establishes a 

Regulated Navigation Area. 

A final ‘‘Environmental Analysis 

Check List’’ and final ‘‘Categorical 

Exclusion Determination’’ are available 

in the docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, 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: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.1122 to read as follows: 

§ 165.1122 San Diego Bay, Mission Bay 

and their Approaches—Regulated 

navigation area. 

(a) Regulated navigation area. The 

following area is a regulated navigation 

area (RNA): All waters of San Diego Bay, 

Mission Bay, and their approaches 

encompassed by a line commencing at 

Point La Jolla (32°51′06′′ N, 117°16′42′′ 

W); thence proceeding seaward on a line 

bearing 255° T to the outermost extent 

of the territorial seas; thence proceeding 

southerly along the outermost extent of 

the territorial seas to the intersection of 

the maritime boundary with Mexico; 

thence proceeding easterly, along the 

maritime boundary with Mexico to its 

intersection with the California coast; 

thence proceeding northerly, along the 

shoreline of the California coast—and 

including the inland waters of San 

Diego Bay and Mission Bay, California, 

shoreward of the COLREGS 

Demarcation Line —back to the point of 

origin. All coordinates reference 1983 

North American Datum (NAD 83). 

(b) Definitions. As used in this 

section—

COLREGS Demarcation Line means 

the line described at 33 CFR 80.1104 or 

80.1106. 

Public vessel means a vessel that is 

owned or demise—(bareboat) chartered 

by the government of the United States, 

by a State or local government, or by the 

government of a foreign country and 

that is not engaged in commercial 

service. 

Vessel means every description of 

watercraft or other artificial contrivance 

70496 Federal Register / Vol. 70, No. 224 / Tuesday, November 22, 2005 / Rules and Regulations 

used, or capable of being used, as a 

means of transportation on water other 

than a public vessel. 

(c) Applicability. This section applies 

to all vessels of 100 gross tons (GT) or 

more, including tug and barge 

combinations of 100 GT or more 

(combined), operating within the RNA, 

with the exception of public vessels, 

vessels not intending to cross the 

COLREGS Demarcation Line and enter 

San Diego Bay or Mission Bay, and any 

vessels exercising rights under 

principles of international law, 

including innocent passage or force 

majeure, within the area of this RNA. 

Vessels operating properly installed, 

operational, type approved automatic 

identification system (AIS) as denoted 

in 33 CFR 164.46 are exempted from 

making requests as required in this 

regulation. 

(d) Regulations. (1) No vessel to 

which this rule applies may enter, 

depart or move within San Diego Bay or 

Mission Bay unless it complies with the 

following requirements: 

(i) Obtain permission to enter San 

Diego Bay or Mission Bay from the 

Captain of the Port or designated 

representative immediately upon 

entering the RNA. However, to avoid 

potential delays, we recommend seeking 

permission 30 minutes prior to entering 

the RNA. 

(ii) Follow all instructions issued by 

the Captain of the Port or designated 

representative. 

(iii) Obtain permission for any 

departure from or movement within the 

RNA from the Captain of the Port or 

designated representative prior to 

getting underway. 

(iv) Follow all instructions issued by 

the Captain of the Port or designated 

representative. 

(v) Requests may be made by 

telephone at 619–278–7033 (select 

option 2) or via VHF–FM 

radiotelephone on channel 16 (156.800 

Mhz). The call sign for radiotelephone 

requests to the Captain of the Port or 

designated representative is ‘‘Coast 

Guard Sector San Diego.’’

(2) For purposes of the requirements 

in paragraph (d)(1) of this section, the 

Captain of the Port or designated 

representative means any official 

designated by the Captain of the Port, 

including but not limited to 

commissioned, warrant, and petty 

officers of the U.S. Coast Guard, and any 

U.S. Coast Guard patrol vessel. Upon 

being hailed by a U.S. Coast Guard 

vessel by siren, radio, flashing light, or 

other means, the operator of a vessel 

shall proceed as directed. 

(e) Waivers. The Captain of the Port or 

designated representative may, upon 

request, waive any regulation in this 

section. 

Dated: November 9, 2005. 

K.J. Eldridge, 

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

Eleventh Coast Guard District. 

[FR Doc. 05–23030 Filed 11–21–05; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Parts 251, 261, and 291 

RIN 0596–AC35 

Recreation Fees 

AGENCY: Forest Service, USDA. 

ACTION: Final rule. 

SUMMARY: This final rule is making 

minor, purely technical changes to 

implement the Federal Lands Recreation 

Enhancement Act (16 U.S.C. 6801–

6814). The Federal Lands Recreation 

Enhancement Act repealed and 

supplanted section 4 of the Land and 

Water Conservation Fund Act (16 U.S.C. 

460l–6a) as the authority for special 

recreation permits issued by federal 

land management agencies and for 

recreation fees charged by federal land 

management agencies, including the 

Forest Service. Consequently, in 36 CFR 

part 251, subpart B, the final rule is 

replacing the citation to section 4(c) of 

the Land and Water Conservation Fund 

Act for special recreation permits (16 

U.S.C. 460l–6a(c)) with a citation to 

section 803(h) of the Federal Lands 

Recreation Enhancement Act (16 U.S.C. 

6802(h)). The final rule also is adding a 

definition for recreation fee and revising 

the prohibition for failure to pay 

recreation fees in 36 CFR part 261, 

subpart A, to conform with the Federal 

Lands Recreation Enhancement Act. In 

addition, the final rule is removing 36 

CFR part 291 governing recreation fees 

authorized under section 4 of the Land 

and Water Conservation Fund Act. 

Because these changes are minor, purely 

technical, and nondiscretionary, the 

Department finds that good cause exists 

to exempt this rulemaking from public 

notice and comment under 5 U.S.C. 

553(b)(B). 

DATES: This rule is effective November 

22, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Eberlien, Program Leader, 

Recreation and Heritage Resources Staff, 

(202) 205–1169. 

SUPPLEMENTARY INFORMATION: The 

Federal Lands Recreation Enhancement 

Act (REA) (16 U.S.C. 6801–6814) was 

enacted December 8, 2004. REA 

provides the sole authority for the 

Forest Service to issue and collect fees 

for special recreation permits for use 

and occupancy of National Forest 

System lands and to establish, modify, 

charge, and collect recreation fees on 

National Forest System lands. Section 

813 of REA (16 U.S.C. 6812) repeals the 

agency’s other authorities for issuing 

these permits and charging these fees, 

including section 4 of the Land and 

Water Conservation Fund Act (LWCFA) 

(16 U.S.C. 460l–6a). 

Forest Service regulations at 36 CFR 

part 251, subpart B, govern special use 

authorizations for use and occupancy of 

National Forest System lands. In the list 

of authorities for part 251, subpart B, the 

final rule is replacing the citation to 

section 4(c) of the LWCFA (16 U.S.C. 

460l–6a(c)) with a citation to section 

803(h) of REA (16 U.S.C. 6802(h)) for 

special recreation permits. In addition, 

in § 251.53(k), which enumerates the 

authority for special recreation permits, 

the final rule is replacing the citation to 

section 4(c) of the LWCFA with a 

citation to section 803(h) of REA. 

The regulations at 36 CFR part 261, 

subpart A, establish prohibitions 

relating to acts or omissions relating to 

National Forest System lands. The final 

rule is adding a definition for recreation 

fee in § 261.2 to track the definition for 

that term in section 802(8) of REA (16 

U.S.C. 6801(8)) to the extent it applies 

to the Forest Service and revising the 

prohibition for failure to pay recreation 

fees in § 261.15 to conform precisely to 

the enforcement provisions in section 

812(d) of REA (16 U.S.C. 6811(d)). 

The Department also is removing 36 

CFR part 291 governing recreation fees 

authorized by section 4 of the LWCFA. 

The Department is not replacing part 

291, because the Department believes 

that REA is sufficiently prescriptive that 

it does not require interpretation in a 

regulation. The Forest Service intends to 

issue directives that provide specific 

direction on implementation of REA. 

Good Cause Statement 

The Administrative Procedure Act 

(APA) exempts certain rulemaking from 

its public notice and comment 

requirements, including rulemaking 

involving ‘‘public property’’ (5 U.S.C. 

553(a)(2)), such as Federal lands 

managed by the Forest Service. 

Furthermore, the APA allows agencies 

to promulgate rules without public 

notice and comment when an agency for 

good cause finds that public notice and 

comment are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest’’ (5 U.S.C. 553(b)(B)).