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Federal Register / Vol. 70, No.

226 / Friday, November 25, 2005 / Notices 71081

Winema Resource Advisory Committee, Carolyn Holbrook, Recreation and promoting conservation awareness and
c/o USDA Forest Service, P.O. Box 67, Heritage Resources Staff (2340), 1400 public health and safety. These
Paisley, OR 97636, or electronically to Independence Avenue, SW., Stop 1125, endeavors may cost money without
agowan@fs.fed.us. Washington, DC 20250–1125 or by generating a return on investment by the
FOR FURTHER INFORMATION CONTACT:
facsimile to Carolyn Holbrook, 202– concessionaires. Concessionaires have
205–1145, or by e-mail to encouraged the agency to consider
Amy Gowan, Designated Federal
rhr2300@fs.fed.us. Comments also may sponsorship and advertisement as ways
Official, c/o Klamath National Forest,
be submitted by following the to generate funding for these types of
1312 Fairlane Road, Yreka, CA 96097,
instructions at the federal eRulemaking activities.
telephone (530) 841–4421.
portal at http://www.regulation.gov. If
SUPPLEMENTARY INFORMATION: The Proposed Changes to FSM 2343.03
comments are sent by e-mail or
agenda will include time for RAC facsimile, the public is requested not to Paragraph 11. Paragraph 11 has been
proposal workshop planning, funding send duplicate comments via mail. revised to allow concessionaires to
review and 2002 to 2005 project status Please confine comments to issues advertise products and services inside
report. 1 All Fremont and Winema pertinent to the ID, explain the reasons buildings and other interior spaces they
Resource Advisory Committee Meetings for any recommended changes, and own, including chairlift restraining bars
are open to the public. There will be a where possible reference the specific facing the rider. However, paragraph 11
time for public input and comment. wording being addressed. does not allow display of the Forest
Interested citizens are encouraged to All comments on the ID, including Service shield or other agency symbols
attend. names and addresses when provided, in conjunction with product or service
Dated: November 16, 2005. will be placed in the record and will be names or advertisements to avoid any
Amy A. Gowan, available for public inspection and other appearance of agency
copying. The public may inspect endorsement of products or services.
Designated Federal Official.
comments received on this ID in the Paragraph 11 allows exterior signage
[FR Doc. 05–23261 Filed 11–23–05; 8:45 am] that merely identifies the types of goods
Office of the Director, Recreation and
BILLING CODE 3410–11–M or services provided within the
Heritage Resources Staff, 4th Floor
Central, Sidney R. Yates Federal permitted facilities with prior written
Building, 14th and Independence approval from the authorized officer.
DEPARTMENT OF AGRICULTURE Except for short-term special events
Avenue, SW., Washington, DC, on
Forest Service business days between the hours of 8:30 provided for in paragraph 12(c),
a.m. and 4 p.m. Those wishing to advertising outside of buildings or
RIN 0596–AC41 inspect comments are encouraged to call interior spaces owned by the
ahead at (202) 205–1399 to facilitate concessionaire or along roads on NFS
Advertising and Sponsorship in entry into the building. lands is prohibited.
Connection With Concessions Current paragraph 12. Current
FOR FURTHER INFORMATION CONTACT:
Involving Privately Owned Carolyn Holbrook, Recreation and paragraph 12 has been renumbered as
Improvements on National Forest Heritage Resources Staff, (202) 205– paragraph 13 in the ID. No other
System Lands 1399. changes were made to this paragraph.
New Paragraph 12. New Paragraph 12
AGENCY: Forest Service, USDA. SUPPLEMENTARY INFORMATION: encourages cooperative relationships
ACTION: Notice of interim directive; 1. Background and Need and sponsorships that promote public
request for public comment. participation in the management of NFS
Encouraging Investment Through lands, including programs or projects
SUMMARY: The Forest Service is issuing Limited Advertising and Recognition of that involve public services, evaluate
an interim directive (ID) revising Cooperators and Sponsors solutions to specific natural resource
direction in Forest Service Manual
The Forest Service regulates the management problems, or promote
(FSM) 2340.03 governing advertising
provision of concession services to the conservation awareness or public health
and sponsorship in connection with
public by private individuals and and safety. Paragraph 12 requires that
concessions involving privately owned
entities that own and operate these programs or projects have prior
improvements operated under special
recreational facilities and services on written approval from the authorized
use permits on National Forest System
NFS lands (concessionaires). These officer and that they include a plan that
(NFS) lands. The ID allows holders of
facilities and services, which are describes the program or project; its
concession permits to advertise inside
authorized by special use permits, duration, objective, outcome, and target
buildings and other interior spaces that
enhance opportunities for the public to audience; and communication or
they own, subject to certain conditions,
recreate on NFS lands. Concessionaires marketing strategies for the program or
and encourages cooperative
are the primary contact for many people project.
relationships and sponsorships that Paragraph 12(a) allows cooperator or
visiting National Forests, and they often
promote public participation in the sponsor recognition only during and
provide information and education to
management of NFS lands. The Forest within the proximity of the program or
the public about the National Forests.
Service is requesting comment from the project and, to the extent practical,
Thus, concessionaires, such as resort,
public on the provisions contained in requires that the recognition be
marina, and ski area operators, greatly
this ID in order to develop a final integrated into the program or project so
assist the Forest Service in providing
policy. The ID will be in effect until that participants and spectators can
information and services to the public.
removed or adoption of a final policy The Forest Service wants to encourage make a clear connection between the
through an amendment to FSM 2340.03. concessionaires to promote public cooperator or sponsor and the public
DATES: Comments must be received in participation in the management of NFS service being provided. In addition,
writing by March 27, 2006. lands by proposing public services, paragraph 12(a) prohibits recognition of
ADDRESSES: Send comments by mail to evaluating solutions to specific natural cooperators or sponsors on government
USDA, Forest Service, Attention: resource management problems, and vehicles.

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71082 Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Notices

Paragraph 12(b) limits recognition of environmental assessment or Federalism and Consultation and
cooperators or sponsors in signs, printed environmental impact statement. Coordination With Indian Tribal
and electronic media, wayside and Governments
kiosk exhibits, and temporary facilities Regulatory Impact
The agency has considered this
to acknowledgment of the cooperator’s This ID has been reviewed under proposed directive under the
or sponsor’s public service initiative, USDA procedures and Executive Order requirements of Executive Order 13132
which can include the cooperator’s or 12866 on regulatory planning and on federalism, and has made an
sponsor’s name and trademark. assessment that the ID conforms with
review. It has been determined that this
Paragraph 12(c) allows recognition of the federalism principles set out in this
is not a significant directive. This ID
cooperative support for or sponsorship executive order; will not impose any
of short-term special events, such as will not have an annual effect of $100
million or more on the economy, nor compliance costs on the States; and will
races, competitions, festivals, clean-up not have substantial direct effects on the
days, and volunteer events. Paragraph would it adversely affect productivity,
competition, jobs, the environment, States, the relationship between the
12(c) allows temporary waiver of the Federal Government and the States, or
prohibition against exterior advertising public health and safety, or State or
the distribution of power and
during short-term special events local governments. This ID will not responsibilities among the various
sponsored by the holder (rather than by interfere with an action taken or levels of government. Therefore, the
the Forest Service, with support from a planned by another agency, nor will it agency has determined that no further
cooperator). Recognition of sponsors raise new legal or policy issues. Finally, assessment of federalism implications is
during these events may appear on this ID will not alter the budgetary necessary at this time.
banners, posters, flyers, and temporary impact of entitlement, grant, user fee, or Moreover, this ID does not have tribal
facilities and could include sponsor loan programs or the rights and implications as defined by Executive
names, sponsor trademarks, sponsor obligations of beneficiaries of such Order 13175, entitled ‘‘Consultation and
product names and services, and programs. Accordingly, this ID is not Coordination With Indian Tribal
sponsor advertisements. Paragraph 12(c) subject to Office of Management and Governments,’’ and therefore advance
also prohibits use of the Forest Service Budget review under Executive Order consultation with Tribes is not required.
shield or other agency symbol in 12866. Energy Effects
conjunction with sponsor product
names, services, and advertisements on Moreover, this ID has been considered This ID has been reviewed under
banners, posters, flyers, and temporary in light of the Regulatory Flexibility Act Executive Order 13211, entitled
facilities, and care has to be taken to (5 U.S.C. 602 et seq.). It has been ‘‘Actions Concerning Regulations That
avoid any other appearance of agency determined that this ID will not have a Significantly Affect Energy Supply,
endorsement of sponsor products and significant economic impact on a Distribution, or Use.’’ It has been
services in connection with the events. substantial number of small entities as determined that this ID does not
In addition, paragraph 12(c) also defined by the act because the ID will constitute a significant energy action as
prohibits recognition of cooperators or not impose recordkeeping requirements defined in the executive order.
sponsors on government vehicles. on them; it will not affect their Unfunded Mandates
Current Paragraph 13. Current competitive position in relation to large
paragraph 13 is renumbered as entities; and it will not significantly Pursuant to Title II of the Unfunded
paragraph 14 in the ID. affect their cash flow, liquidity, or Mandates Reform Act of 1995 (2 U.S.C.
Paragraph 14. Paragraph 14 has been 1531–1538), which the President signed
ability to remain in the market. The
revised for clarity. In contrast to into law on March 22, 1995, the agency
benefits cannot be quantified and are
advertising of commercial products and has assessed the effects of this ID on
not likely substantially to alter costs to State, local, and Tribal governments and
services at concession sites as provided small businesses.
under paragraphs 11 and 12, it is the private sector. This ID will not
appropriate in advertising about Forest No Takings Implications compel the expenditure of $100 million
Service concessions to identify or more by any State, local, or Tribal
authorized facilities and services with This ID has been analyzed in government or anyone in the private
the Forest Service. accordance with the principles and sector. Therefore, a statement under
criteria contained in Executive Order section 202 of the act is not required.
2. Regulatory Requirements 12630, and it has been determined that Controlling Paperwork Burdens on the
Environmental Impact the ID will not pose the risk of a taking Public
of private property.
This ID revises national policy This ID does not contain any record-
governing administration of special use Civil Justice Reform keeping or reporting requirements or
permits for concession uses involving other information collection
privately owned facilities. Section 31b This ID has been reviewed under requirements as defined in 5 U.S.C. part
of Forest Service Handbook 1909.15 (57 Executive Order 12988 on civil justice 1320 that are not already required by
FR 43180, September 18, 1992) excludes reform. If this ID were adopted, (1) all law or not already approved for use.
from documentation in an State and local laws and regulations that Any information collected from the
environmental assessment or are in conflict with this proposed public as a result of implementing this
environmental impact statement ‘‘rules, directive or that would impede its full ID has been approved by the Office of
regulations, or policies to establish implementation will be preempted; (2) Management and Budget under control
Service-wide administrative procedures, no retroactive effect will be given to this number 0596–0082. Accordingly, the
program processes, or instructions.’’ The proposed directive; and (3) it will not review provisions of the Paperwork
agency’s conclusion is that this ID falls require administrative proceedings Reduction Act of 1995 (44 U.S.C. 3501
within this category of actions and that before parties may file suit in court et seq.) and its implementing
no extraordinary circumstances exist challenging its provisions. regulations at 5 CFR part 1320 do not
which would require preparation of an apply.

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Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Notices 71083

Dated: October 24, 2005. recognized in accordance with the statements that discriminate on the
Dale N. Bosworth, following: basis of race, color, sex (in educational
Chief. a. Duration and Location of and training programs), national origin,
Recognition. Cooperator or sponsor age, or disability. Also ensure that these
3. Proposed Directive Changes for recognition shall be allowed only during materials state that the permitted
Advertising and Sponsorship at Certain and within the proximity of the program facilities and services are located on
Concessions or project and, to the extent practical, NFS lands.
shall be integrated into the program or * * * * *
Note: The Forest Service organizes its
directive system by alphanumeric codes and project so that participants and
[FR Doc. 05–23256 Filed 11–23–05; 8:45 am]
subject headings. Only those sections of the spectators can make a clear connection
BILLING CODE 3410–11–U
Forest Service Handbook that are the subject between the cooperator and sponsor and
of this notice are set out here. The intended the public service being performed.
audience for this direction is Forest Service Recognition of cooperators or sponsors
employees charged with issuing and on government vehicles is prohibited. COMMITTEE FOR PURCHASE FROM
administrating concession special use b. Content of the Recognition. PEOPLE WHO ARE BLIND OR
permits involving privately owned Cooperator or sponsor recognition in SEVERELY DISABLED
improvements. signs, printed and electronic media,
wayside and kiosk exhibits, and Procurement List Proposed Additions
Forest Service Manual
temporary facilities shall be limited to AGENCY: Committee for Purchase From
2300—Recreation, Wilderness, and acknowledgement of the cooperator’s or People Who Are Blind or Severely
Related Resource Management sponsor’s public service initiative and Disabled.
Chapter 2340 Privately Provided may include the cooperator’s or ACTION: Proposed Additions to
sponsor’s name and trademark. The Procurement List.
Recreation Opportunities
purpose of the recognition is to identify
* * * * * the sponsor, not to promote the SUMMARY: The Committee is proposing
2343.03—Policy sponsor’s products or services. to add to the Procurement List products
c. Special Events. Recognize to be furnished by nonprofit agencies
* * * * * cooperative support for or sponsorship employing persons who are blind or
11. The holder of a term permit may of short-term special events, such as have other severe disabilities.
advertise products and services inside races, competitions, festivals, clean-up DATES: Comments Must be Received on
buildings or other interior spaces owned days, and volunteer events. During or Before: December 25, 2005.
by the holder, including chair lift short-term special events sponsored by
restraining bars facing the rider. The ADDRESSES: Committee for Purchase
the holder (rather than by the Forest
Forest Service shield and any other From People Who Are Blind or Severely
Service, with support from a
symbol identified with the agency shall Disabled, Jefferson Plaza 2, Suite 10800,
cooperator), the authorized officer may
not appear in conjunction with product 1421 Jefferson Davis Highway,
temporarily waive the prohibition on
or service names and advertisements Arlington, Virginia 22202–3259.
exterior advertisement. Recognition of
and care shall be taken to avoid any sponsors during the events may appear FOR FURTHER INFORMATION OR TO SUBMIT
other appearance of agency on banners, posters, flyers, and COMMENTS CONTACT: Sheryl D. Kennerly,
endorsement of products or services. temporary facilities and may include Telephone: (703) 603–7740, Fax: (703)
The holder may also post exterior sponsor names, sponsor trademarks, 603–0655, or e-mail
signage that merely identifies the types sponsor product names and services, SKennerly@jwod.gov.
of products and services provided and sponsor advertisements. The Forest SUPPLEMENTARY INFORMATION: This
within those buildings. Except as Service shield and any other agency notice is published pursuant to 41 U.S.C
provided in paragraph 12(c) for short- symbol shall not appear in conjunction 47(a) (2) and 41 CFR 51–2.3. Its purpose
term special events, advertising outside with sponsor product names, services, is to provide interested persons an
those buildings or interior spaces, or and advertisements on banners, posters, opportunity to submit comments on the
along roads on National Forest System flyers, and temporary facilities. In proposed actions.
(NFS) lands, is prohibited. Any exterior addition, care shall be taken to avoid If the Committee approves the
signage must have prior written any other appearance of agency proposed additions, the entities of the
approval from the authorized officer. endorsement of sponsor product names Federal Government identified in the
12. Encourage cooperative and services in connection with the notice for each product or service will
relationships and sponsorships that events. Recognition of cooperators or be required to procure the products
promote public participation in the sponsors on government vehicles is listed below from nonprofit agencies
management of NFS lands, including prohibited. employing persons who are blind or
programs or projects that propose public 13. Clearly define the holders’ have other severe disabilities.
services, evaluate solutions to specific responsibilities for the safety of their
natural resource management problems, employees and the public within the Regulatory Flexibility Act Certification
or promote conservation awareness or boundaries of the authorization and I certify that the following action will
public health and safety. These while participating in activities covered not have a significant impact on a
programs or projects must have prior by the authorization. Require that safety substantial number of small entities.
written approval from the authorized be addressed in applications responding The major factors considered for this
officer and must include a plan that to prospectus offerings, special use certification were:
describes the program or project; its authorizations, and operating plans. 1. If approved, the action will not
duration, objective, outcome, and target 14. Ensure that literature, brochures, result in any additional reporting,
audience; and communication or and other advertising of facilities and recordkeeping or other compliance
marketing strategies for the program or services under special use permit that requirements for small entities other
project. Cooperators and sponsors of holders display or distribute do not than the small organizations that will
these programs or projects may be contain misleading statements or furnish the products to the Government.

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