36 CFR - Title 36—Parks, Forests, and Public Property

The National Park Service is proposing this rule to establish a management framework that allows the public to experience the unique winter resources and values at Yellowstone National Park. This rule includes provisions that allow greater flexibility for commercial tour operators, provide mechanisms to make the park cleaner and quieter than what has been authorized during the previous four winter seasons, reward oversnow vehicle innovations and technologies, and allow increases in visitation. It also would require snowmobiles and snowcoaches operating in the park to meet air and sound emission requirements and be accompanied by a guide.

NARA proposes to amend its regulations on the public use of NARA facilities in the Washington, DC area. The regulations are being revised to clarify instances where fees may be charged for services related to building use. It also updates contact information for requesting use of NARA public areas in the Washington, DC National Archives Building and the National Archives at College Park.

This final rule establishes regulations for seasons, harvest limits, methods, and means related to taking of fish for subsistence uses in Alaska during the 2013-2014 and 2014-2015 regulatory years. The Federal Subsistence Board (Board) completes the biennial process of revising subsistence hunting and trapping regulations in even-numbered years and subsistence fishing and shellfish regulations in odd-numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable biennial cycle. This rulemaking replaces the fish taking regulations that expire on March 31, 2013.

The United States Department of Agriculture (the Department) is issuing this final rule to establish the sole process by which the public may file objections seeking predecisional administrative review for proposed projects and activities implementing land management plans and documented with a Record of Decision (ROD) or Decision Notice (DN). The final rule carries out the direction in the Consolidated Appropriations Act of 2012, section 428, which directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to apply section 105(a) of the Healthy Forests Restoration Act of 2003 (HFRA) to provide for a predecisional objection process. Section 428 further directs the Secretary to apply these procedures in lieu of the procedures required by the Appeal Reform Act (ARA) sections that provided for a postdecisional administrative appeal process for project decisions. This rule revises Forest Service regulations to implement the direction of section 428 and also includes predecisional administrative review procedures applicable to projects authorized pursuant to the Healthy Forests Restoration Act of 2003 (HFRA).

The Medical Diagnostic Equipment Accessibility Standards Advisory Committee will hold its fifth meeting. On July 5, 2012, the Architectural and Transportation Barriers Compliance Board (Access Board) established the advisory committee to make recommendations to the Board on matters associated with comments received and responses to questions included in a previously published Notice of Proposed Rulemaking (NPRM) on Medical Diagnostic Equipment Accessibility Standards.

We, the National Park Service, are amending the regulations on demonstrations and special events for the National Capital Region. This rule revises the definition of “demonstration,” lifts the prior regulatory ban on soliciting money or funds but requires a permit for the in-person solicitation of money or funds on Federal park land, and revises an introductory sentence prohibiting demonstrations or special events in designated memorial areas. This rule also changes the name of the permit office to the Division of Permits Management.

This rule designates certain multi-use pathways in Chattahoochee River National Recreation Area as routes for bicycle use. National Park Service general regulations require promulgation of a special regulation to designate new routes for bicycle use off park roads and outside developed areas. Several segments of multi-use pathways at Chattahoochee River National Recreation Area have been, or are planned to be, constructed to replace eroded social trails with a sustainable trail system. Allowing bicycling on the new trail system improves connectivity to regional trail networks, enhances opportunities for non-motorized enjoyment of the park, and encourages the use of alternate transportation by park visitors and staff.

This rule designates the Sleeping Bear Heritage Trail currently under construction within Sleeping Bear Dunes National Lakeshore as a route for bicycle use. The approximately 27-mile-long trail will generally parallel major state highways and offer visitors safe, non-motorized access to the park. National Park Service general regulations require promulgation of a special regulation to designate new routes for bicycle use outside developed areas or off park roads.

We, the Architectural and Transportation Barriers Compliance Board (Access Board), issued an advance notice of proposed rulemaking (ANPRM) announcing our intent to develop accessibility guidelines for shared used paths. Shared use paths are multi-use paths designed primarily for use by bicyclists and pedestrians, including pedestrians with disabilities, for transportation and recreation purposes. Shared use paths are physically separated from motor vehicle traffic by an open space or barrier, and are either within the highway right-of-way or within an independent right-of-way. We noted in the ANPRM that we are considering including accessibility guidelines for shared use paths in the accessibility guidelines that we are developing for sidewalks and other pedestrian facilities in the public right-of-way. We subsequently issued a notice of proposed rulemaking (NPRM) requesting comments on proposed accessibility guidelines for pedestrian facilities in the public right-of-way. The NPRM did not include specific provisions for shared use paths. We are issuing this supplemental notice of proposed rulemaking (SNPRM) to include specific provisions for shared use paths in the proposed accessibility guidelines for pedestrian facilities in the public right-of-way. The proposed accessibility guidelines would apply to the design, construction, and alteration of pedestrian facilities in the public right-of-way, including shared use paths, covered by the Americans with Disabilities Act and the Architectural Barriers Act, and would ensure that the facilities are readily accessible to and usable by individuals with disabilities.

The Presidio Trust (Trust) is requesting public comment on a proposed public use limit on persons who are walking four or more dogs at one time in Area B of the Presidio of San Francisco for consideration (Commercial Dog Walkers). The limit will require any person walking four or more dogs at one time for consideration in Area B to possess a valid Commercial Dog Walking permit obtained from the City and County of San Francisco (City). Commercial Dog Walkers with four or more dogs at one time in Area B will be required to comply with the terms and conditions of the City permit as well as those rules and regulations otherwise applicable to Area B. The Trust is also proposing that throughout Area B, all pet walkers, whether or not for consideration, shall remove pet excrement and deposit it in refuse containers.

This proposed rule would establish regulations for hunting and trapping seasons, harvest limits, methods and means related to taking of wildlife for subsistence uses during the 2014-15 and 2015-16 regulatory years. The Federal Subsistence Board is on a schedule of completing the process of revising subsistence taking of wildlife regulations in even-numbered years and subsistence taking of fish and shellfish regulations in odd-numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable cycle. When final, the resulting rulemaking will replace the existing subsistence wildlife taking regulations. This rule would also amend the general regulations on subsistence taking of fish and wildlife.

The Medical Diagnostic Equipment Accessibility Standards Advisory Committee will hold its third meeting. On July 5, 2012, the Architectural and Transportation Barriers Compliance Board (Access Board) established the advisory committee to make recommendations to the Board on matters associated with comments received and responses to questions included in a previously published Notice of Proposed Rulemaking (NPRM) on Medical Diagnostic Equipment Accessibility Standards.

This rule implements the amended Record of Decision for the 2011 Winter Use Plan/Environmental Impact Statement and governs winter visitation and certain recreational activities in Yellowstone National Park for the 2012-2013 winter season. The rule retains, for one additional year, the regulation and management framework that have been in place for the past three winter seasons (2009-2010, 2010-2011, and 2011-2012). Specifically, the rule retains provisions that require most recreational snowmobiles operating in the park to meet certain National Park Service air and sound emissions requirements; requires snowmobiles and snowcoaches in Yellowstone to be accompanied by a commercial guide; sets daily entry limits on the numbers of snowmobiles (up to 318) and snowcoaches (up to 78) that may enter the park; and prohibits traveling off designated oversnow routes.

The Presidio Trust (Trust) is proposing a public use limit on persons who are walking four or more dogs at one time in Area B of the Presidio of San Francisco (Presidio) for consideration (Commercial Dog Walkers). The limit will require any person walking four or more dogs at one time for consideration in Area B to possess a valid Commercial Dog Walking permit obtained from the City and County of San Francisco (City). Commercial Dog Walkers with four or more dogs at one time in Area B will be required to comply with the terms and conditions of the City permit as well as those rules and regulations otherwise applicable to Area B of the Presidio. The Trust is also proposing that throughout Area B, all pet walkers, whether or not for consideration, shall remove pet excrement and deposit it in refuse containers. The Trust invites comments on the proposals.

The Medical Diagnostic Equipment Accessibility Standards Advisory Committee (Committee) will hold its second meeting. The second Committee meeting was originally planned for October 29 and 30, 2012 but cancelled on these dates due to the imminent approach of Hurricane Sandy. On July 5, 2012, the Architectural and Transportation Barriers Compliance Board (Access Board) established an advisory committee to make recommendations to the Board on matters associated with comments received and responses to questions included in a previously published Notice of Proposed Rulemaking (NPRM) on Medical Diagnostic Equipment Accessibility Standards.

The final rule entitled Community Forest and Open Space Conservation Program was published on October 20, 2011. The Office of Management and Budget approved and cleared the associated information collection requirements (ICR) on August 22, 2012. This document announces approval of the ICR.

This rule designates the Hope Camp Trail as a route for bicycle use and allows for management of bicycle use within Saguaro National Park. Further, the rule meets the provision of the National Park Service general regulation pertaining to bicycles requiring promulgation of a special regulation to designate bicycle routes outside of developed areas.

The Forest Service is making purely technical, nonsubstantive changes to Forest Service regulations. These regulations authorize issuance of an order prohibiting operation or use of any internal or external combustion engine without a spark arresting device that is properly installed, maintained, and in effective working order in accordance with the standards. The reference to the standard is obsolete and needs to be updated. The standard does not apply and needs to be removed.

The Architectural and Transportation Barriers Compliance Board (Access Board) is holding an information meeting in Seattle, WA on October 2, 2012 on pending rulemaking to revise and update accessibility guidelines for buses, over-the-road buses, and vans. The purpose of the meeting is to discuss issues related to the design and slope of bus ramps and the space needed at the top of ramps by individuals who use wheeled mobility devices to access the fare collection device and to turn into the main aisle.

This rule designates four bicycle routes within Mammoth Cave National Park to address the interest and demand of the visiting public for bicycling opportunities without compromising the National Park Service's mandate “to conserve the scenery and the natural and historic objects and the wild life” in the park. This rule will implement portions of the park's Comprehensive Trail Management Plan and satisfy the requirement of National Park Service general regulations that a special regulation be promulgated to allow off-road bicycle use on routes outside of developed areas. This rule allows bicycle use on a new Connector Trail in the vicinity of Maple Springs; a new Big Hollow Trail in the hilly country of the park north of the Green River; the Mammoth Cave Railroad Bike & Hike Trail; and the White Oak Trail.

This rule would implement an amended Record of Decision for the 2011 Winter Use Plan/Environmental Impact Statement and would govern winter visitation and certain recreational activities in Yellowstone National Park for the 2012-2013 winter season. The rule proposes to retain, for one additional year, the regulation and management framework that have been in place for the past three winter seasons (2009-2010, 2010-2011 and 2011-2012). Specifically, the rule would retain provisions that require most recreational snowmobiles operating in the park to meet certain National Park Service air and sound emissions requirements; require snowmobiles and snowcoaches in Yellowstone to be accompanied by a commercial guide; set daily entry limits on the numbers of snowmobiles (up to 318) and snowcoaches (up to 78) that may enter the park; and prohibit traveling off designated oversnow routes.

The Medical Diagnostic Equipment Accessibility Standards Advisory Committee (Committee) will hold its first meeting on September 27 and 28, 2012.

The National Park Service proposes to designate new and existing multi-use trails and administrative roads within the New River Gorge National River as bicycle routes. The rule is necessary because the National Park Service general regulation requires publication of a special regulation to designate routes for bicycle use when such use will be outside of developed areas and special use zones.

The Architectural and Transportation Barriers Compliance Board (Access Board) is holding a public information meeting in Washington, DC on September 19, 2012 on the pending rulemaking to revise and update its accessibility guidelines for buses, over-the-road buses, and vans. The purpose of the meeting is to discuss issues related to the design and slope of bus ramps and the space needed at the top of ramps by individuals who use wheeled mobility devices to access the fare collection device and to turn into the main aisle. The Access Board is also reopening the comment period on the rulemaking.

This proposed rule establishes the sole process by which the public may file objections seeking predecisional administrative review for proposed projects and activities implementing land management plans, including projects authorized pursuant to the Healthy Forests Restoration Act of 2003 (HFRA). The Consolidated Appropriations Act of 2012 directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to provide for a pre-decisional objection process for proposed actions of the Forest Service concerning projects and activities implementing land and resource management plans developed under the Forest and Rangeland Renewable Resources Planning Act of 1974, and documented with a Record of Decision (ROD) or Decision Notice (DN). Section 428 further directs the Secretary to apply these procedures in lieu of the Appeal Reform Act (ARA), which provided for a postdecisional administrative appeal process. The proposed rule also establishes procedures concerning how the Forest Service will provide notice for such projects and activities. The Forest Service invites written comments on this proposed rule.

The Department of Agriculture (USDA) published a National Forest System land management planning rule in the Federal Register , on April 9, 2012, (77 FR 21162). Errors have been found in the rule with respect to punctuation, hyphenation, and wording. The errors have been corrected in the rule published today.

The National Park Service proposes to designate certain multi-use pathways in Chattahoochee River National Recreation Area as routes for bicycle use. National Park Service regulations require promulgation of a special regulation to designate routes for bicycle use off park roads and outside developed areas. Several segments of multi-use pathways at Chattahoochee River National Recreation Area have been, or are planned to be, constructed as part of an effort to replace eroded social trails with sustainable trail systems. Allowing bicycling on the new trail system will improve connectivity to regional trail networks, enhance opportunities for non-motorized enjoyment of the park, and encourage the use of alternate transportation by park visitors and staff.

This rule amends current regulations for designating bicycle routes and managing bicycle use within park units throughout the National Park System. It authorizes park superintendents to open existing trails to bicycle use within park units under specific conditions, in accordance with appropriate plans and in compliance with applicable law. It also retains the current requirement for a special regulation to authorize construction of new trails for bicycle use outside developed areas.

The Architectural and Transportation Barriers Compliance Board (Access Board) has decided to establish an advisory committee to assist on matters associated with comments received and responses to questions included in a previously published Notice of Proposed Rulemaking on Medical Diagnostic Equipment Accessibility Standards.

The U.S. Department of Agriculture (USDA or Department), is adopting a State-specific final rule to provide management direction for conserving and managing approximately 4.2 million acres of Colorado Roadless Areas (CRAs) on National Forest System (NFS) lands. The final Colorado Roadless Rule is a rule that addresses current issues and concerns specific to Colorado. The State of Colorado and Forest Service, working in partnership, have found a balance between conserving roadless area characteristics for future generations and allowing management activities within CRAs that are important to the citizens and economy of the State of Colorado.