[Federal Register Volume 70, Number 226 (Friday, November 25, 2005)]
[Notices]
[Pages 71081-71083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23256]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596-AC41
Advertising and Sponsorship in Connection With Concessions
Involving Privately Owned Improvements on National Forest System Lands
AGENCY: Forest Service, USDA.
ACTION: Notice of interim directive; request for public comment.
-----------------------------------------------------------------------
SUMMARY: The Forest Service is issuing an interim directive (ID)
revising direction in Forest Service Manual (FSM) 2340.03 governing
advertising and sponsorship in connection with concessions involving
privately owned improvements operated under special use permits on
National Forest System (NFS) lands. The ID allows holders of concession
permits to advertise inside buildings and other interior spaces that
they own, subject to certain conditions, and encourages cooperative
relationships and sponsorships that promote public participation in the
management of NFS lands. The Forest Service is requesting comment from
the public on the provisions contained in this ID in order to develop a
final policy. The ID will be in effect until removed or adoption of a
final policy through an amendment to FSM 2340.03.
DATES: Comments must be received in writing by March 27, 2006.
ADDRESSES: Send comments by mail to USDA, Forest Service, Attention:
Carolyn Holbrook, Recreation and Heritage Resources Staff (2340), 1400
Independence Avenue, SW., Stop 1125, Washington, DC 20250-1125 or by
facsimile to Carolyn Holbrook, 202-205-1145, or by e-mail to
[email protected]. Comments also may be submitted by following the
instructions at the federal eRulemaking portal at http://www.regulation.gov. If comments are sent by e-mail or facsimile, the
public is requested not to send duplicate comments via mail. Please
confine comments to issues pertinent to the ID, explain the reasons for
any recommended changes, and where possible reference the specific
wording being addressed.
All comments on the ID, including names and addresses when
provided, will be placed in the record and will be available for public
inspection and copying. The public may inspect comments received on
this ID in the Office of the Director, Recreation and Heritage
Resources Staff, 4th Floor Central, Sidney R. Yates Federal Building,
14th and Independence Avenue, SW., Washington, DC, on business days
between the hours of 8:30 a.m. and 4 p.m. Those wishing to inspect
comments are encouraged to call ahead at (202) 205-1399 to facilitate
entry into the building.
FOR FURTHER INFORMATION CONTACT: Carolyn Holbrook, Recreation and
Heritage Resources Staff, (202) 205-1399.
SUPPLEMENTARY INFORMATION:
1. Background and Need
Encouraging Investment Through Limited Advertising and Recognition of
Cooperators and Sponsors
The Forest Service regulates the provision of concession services
to the public by private individuals and entities that own and operate
recreational facilities and services on NFS lands (concessionaires).
These facilities and services, which are authorized by special use
permits, enhance opportunities for the public to recreate on NFS lands.
Concessionaires are the primary contact for many people visiting
National Forests, and they often provide information and education to
the public about the National Forests. Thus, concessionaires, such as
resort, marina, and ski area operators, greatly assist the Forest
Service in providing information and services to the public.
The Forest Service wants to encourage concessionaires to promote
public participation in the management of NFS lands by proposing public
services, evaluating solutions to specific natural resource management
problems, and promoting conservation awareness and public health and
safety. These endeavors may cost money without generating a return on
investment by the concessionaires. Concessionaires have encouraged the
agency to consider sponsorship and advertisement as ways to generate
funding for these types of activities.
Proposed Changes to FSM 2343.03
Paragraph 11. Paragraph 11 has been revised to allow
concessionaires to advertise products and services inside buildings and
other interior spaces they own, including chairlift restraining bars
facing the rider. However, paragraph 11 does not allow display of the
Forest Service shield or other agency symbols in conjunction with
product or service names or advertisements to avoid any other
appearance of agency endorsement of products or services. Paragraph 11
allows exterior signage that merely identifies the types of goods or
services provided within the permitted facilities with prior written
approval from the authorized officer. Except for short-term special
events provided for in paragraph 12(c), advertising outside of
buildings or interior spaces owned by the concessionaire or along roads
on NFS lands is prohibited.
Current paragraph 12. Current paragraph 12 has been renumbered as
paragraph 13 in the ID. No other changes were made to this paragraph.
New Paragraph 12. New Paragraph 12 encourages cooperative
relationships and sponsorships that promote public participation in the
management of NFS lands, including programs or projects that involve
public services, evaluate solutions to specific natural resource
management problems, or promote conservation awareness or public health
and safety. Paragraph 12 requires that these programs or projects have
prior written approval from the authorized officer and that they
include a plan that describes the program or project; its duration,
objective, outcome, and target audience; and communication or marketing
strategies for the program or project.
Paragraph 12(a) allows cooperator or sponsor recognition only
during and within the proximity of the program or project and, to the
extent practical, requires that the recognition be integrated into the
program or project so that participants and spectators can make a clear
connection between the cooperator or sponsor and the public service
being provided. In addition, paragraph 12(a) prohibits recognition of
cooperators or sponsors on government vehicles.
[[Page 71082]]
Paragraph 12(b) limits recognition of cooperators or sponsors in
signs, printed and electronic media, wayside and kiosk exhibits, and
temporary facilities to acknowledgment of the cooperator's or sponsor's
public service initiative, which can include the cooperator's or
sponsor's name and trademark.
Paragraph 12(c) allows recognition of cooperative support for or
sponsorship of short-term special events, such as races, competitions,
festivals, clean-up days, and volunteer events. Paragraph 12(c) allows
temporary waiver of the prohibition against exterior advertising during
short-term special events sponsored by the holder (rather than by the
Forest Service, with support from a cooperator). Recognition of
sponsors during these events may appear on banners, posters, flyers,
and temporary facilities and could include sponsor names, sponsor
trademarks, sponsor product names and services, and sponsor
advertisements. Paragraph 12(c) also prohibits use of the Forest
Service shield or other agency symbol in conjunction with sponsor
product names, services, and advertisements on banners, posters,
flyers, and temporary facilities, and care has to be taken to avoid any
other appearance of agency endorsement of sponsor products and services
in connection with the events. In addition, paragraph 12(c) also
prohibits recognition of cooperators or sponsors on government
vehicles.
Current Paragraph 13. Current paragraph 13 is renumbered as
paragraph 14 in the ID.
Paragraph 14. Paragraph 14 has been revised for clarity. In
contrast to advertising of commercial products and services at
concession sites as provided under paragraphs 11 and 12, it is
appropriate in advertising about Forest Service concessions to identify
authorized facilities and services with the Forest Service.
2. Regulatory Requirements
Environmental Impact
This ID revises national policy governing administration of special
use permits for concession uses involving privately owned facilities.
Section 31b of Forest Service Handbook 1909.15 (57 FR 43180, September
18, 1992) excludes from documentation in an environmental assessment or
environmental impact statement ``rules, regulations, or policies to
establish Service-wide administrative procedures, program processes, or
instructions.'' The agency's conclusion is that this ID 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 Impact
This ID has been reviewed under USDA procedures and Executive Order
12866 on regulatory planning and review. It has been determined that
this is not a significant directive. This ID will not have an annual
effect of $100 million or more on the economy, nor would it adversely
affect productivity, competition, jobs, the environment, public health
and safety, or State or local governments. This ID will not interfere
with an action taken or planned by another agency, nor will it raise
new legal or policy issues. Finally, this ID will not alter the
budgetary impact of entitlement, grant, user fee, or loan programs or
the rights and obligations of beneficiaries of such programs.
Accordingly, this ID is not subject to Office of Management and Budget
review under Executive Order 12866.
Moreover, this ID has been considered in light of the Regulatory
Flexibility Act (5 U.S.C. 602 et seq.). It has been determined that
this ID will not have a significant economic impact on a substantial
number of small entities as defined by the act because the ID will not
impose recordkeeping requirements on them; it will not affect their
competitive position in relation to large entities; and it will not
significantly affect their cash flow, liquidity, or ability to remain
in the market. The benefits cannot be quantified and are not likely
substantially to alter costs to small businesses.
No Takings Implications
This ID has been analyzed in accordance with the principles and
criteria contained in Executive Order 12630, and it has been determined
that the ID will not pose the risk of a taking of private property.
Civil Justice Reform
This ID has been reviewed under Executive Order 12988 on civil
justice reform. If this ID were adopted, (1) all State and local laws
and regulations that are in conflict with this proposed directive or
that would impede its full implementation will be preempted; (2) no
retroactive effect will be given to this proposed directive; and (3) it
will not require administrative proceedings before parties may file
suit in court challenging its provisions.
Federalism and Consultation and Coordination With Indian Tribal
Governments
The agency has considered this proposed directive under the
requirements of Executive Order 13132 on federalism, and has made an
assessment that the ID 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, the
relationship between the Federal Government and the States, or the
distribution of power and responsibilities among the various levels of
government. Therefore, the agency has determined that no further
assessment of federalism implications is necessary at this time.
Moreover, this ID does not have tribal implications as defined by
Executive Order 13175, entitled ``Consultation and Coordination With
Indian Tribal Governments,'' and therefore advance consultation with
Tribes is not required.
Energy Effects
This ID has been reviewed under Executive Order 13211, entitled
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use.'' It has been determined that this ID
does not constitute a significant energy action as defined in the
executive order.
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), which the President signed into law on March 22,
1995, the agency has assessed the effects of this ID on State, local,
and Tribal governments and the private sector. This ID 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
This ID does not contain any record-keeping or reporting
requirements or other information collection requirements as defined in
5 U.S.C. part 1320 that are not already required by law or not already
approved for use. Any information collected from the public as a result
of implementing this ID has been approved by the Office of Management
and Budget under control number 0596-0082. 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.
[[Page 71083]]
Dated: October 24, 2005.
Dale N. Bosworth,
Chief.
3. Proposed Directive Changes for Advertising and Sponsorship at
Certain Concessions
Note: The Forest Service organizes its directive system by
alphanumeric codes and subject headings. Only those sections of the
Forest Service Handbook that are the subject of this notice are set
out here. The intended audience for this direction is Forest Service
employees charged with issuing and administrating concession special
use permits involving privately owned improvements.
Forest Service Manual
2300--Recreation, Wilderness, and Related Resource Management
Chapter 2340 Privately Provided Recreation Opportunities
* * * * *
2343.03--Policy
* * * * *
11. The holder of a term permit may advertise products and services
inside buildings or other interior spaces owned by the holder,
including chair lift restraining bars facing the rider. The Forest
Service shield and any other symbol identified with the agency shall
not appear in conjunction with product or service names and
advertisements and care shall be taken to avoid any other appearance of
agency endorsement of products or services. The holder may also post
exterior signage that merely identifies the types of products and
services provided within those buildings. Except as provided in
paragraph 12(c) for short-term special events, advertising outside
those buildings or interior spaces, or along roads on National Forest
System (NFS) lands, is prohibited. Any exterior signage must have prior
written approval from the authorized officer.
12. Encourage cooperative relationships and sponsorships that
promote public participation in the management of NFS lands, including
programs or projects that propose public services, evaluate solutions
to specific natural resource management problems, or promote
conservation awareness or public health and safety. These programs or
projects must have prior written approval from the authorized officer
and must include a plan that describes the program or project; its
duration, objective, outcome, and target audience; and communication or
marketing strategies for the program or project. Cooperators and
sponsors of these programs or projects may be recognized in accordance
with the following:
a. Duration and Location of Recognition. Cooperator or sponsor
recognition shall be allowed only during and within the proximity of
the program or project and, to the extent practical, shall be
integrated into the program or project so that participants and
spectators can make a clear connection between the cooperator and
sponsor and the public service being performed. Recognition of
cooperators or sponsors on government vehicles is prohibited.
b. Content of the Recognition. Cooperator or sponsor recognition in
signs, printed and electronic media, wayside and kiosk exhibits, and
temporary facilities shall be limited to acknowledgement of the
cooperator's or sponsor's public service initiative and may include the
cooperator's or sponsor's name and trademark. The purpose of the
recognition is to identify the sponsor, not to promote the sponsor's
products or services.
c. Special Events. Recognize cooperative support for or sponsorship
of short-term special events, such as races, competitions, festivals,
clean-up days, and volunteer events. During short-term special events
sponsored by the holder (rather than by the Forest Service, with
support from a cooperator), the authorized officer may temporarily
waive the prohibition on exterior advertisement. Recognition of
sponsors during the events may appear on banners, posters, flyers, and
temporary facilities and may include sponsor names, sponsor trademarks,
sponsor product names and services, and sponsor advertisements. The
Forest Service shield and any other agency symbol shall not appear in
conjunction with sponsor product names, services, and advertisements on
banners, posters, flyers, and temporary facilities. In addition, care
shall be taken to avoid any other appearance of agency endorsement of
sponsor product names and services in connection with the events.
Recognition of cooperators or sponsors on government vehicles is
prohibited.
13. Clearly define the holders' responsibilities for the safety of
their employees and the public within the boundaries of the
authorization and while participating in activities covered by the
authorization. Require that safety be addressed in applications
responding to prospectus offerings, special use authorizations, and
operating plans.
14. Ensure that literature, brochures, and other advertising of
facilities and services under special use permit that holders display
or distribute do not contain misleading statements or statements that
discriminate on the basis of race, color, sex (in educational and
training programs), national origin, age, or disability. Also ensure
that these materials state that the permitted facilities and services
are located on NFS lands.
* * * * *
[FR Doc. 05-23256 Filed 11-23-05; 8:45 am]
BILLING CODE 3410-11-U