Information Collection; Application for Permit for Use of Roads, Trails, or Areas Restricted by Regulation or Order

Richard A. Cooksey
Department of Agriculture
27 September 2019

[Federal Register Volume 84, Number 188 (Friday, September 27, 2019)]
[Notices]
[Pages 51107-51109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21024]


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DEPARTMENT OF AGRICULTURE

Forest Service


Information Collection; Application for Permit for Use of Roads, 
Trails, or Areas Restricted by Regulation or Order

AGENCY: Forest Service, USDA.

ACTION: Notice; request for comment.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the 
Forest Service is seeking comment from all interested individuals and 
organizations on the extension with no revisions of a currently 
approved information collection, OMB 0596-0016), Application for Permit 
for Use of Roads, Trails, or Areas Restricted by Regulation or Order 
(form FS-7700-40). The Forest Service is also seeking renewal of an 
associated existing, form FS-7700-48, Permit for Use of Roads, Trails, 
or Areas Restricted by Regulation or Order, and renewal of an 
associated existing information collection, form FS-7700-41, Non-
Federal Commercial Road Use Permit.

[[Page 51108]]


DATES: Comments must be received in writing by November 26, 2019 to be 
considered.

ADDRESSES: Comments concerning this notice should be addressed to USDA 
Forest Service, Director, Engineering Staff, RPC5, 201 14th Street SW, 
Mail Stop 1101, Washington, DC 20024-1101. Comments also may be 
submitted via facsimile to 703-605-1542 or by email to 
david.b.payne@usda.gov.
    The public may inspect comments received at the Office of the 
Director of Engineering, USDA Forest Service, 201 14th Street SW, Mail 
Stop 1101, Washington, DC 20024-1101 during normal business hours. 
Visitors are encouraged to call ahead at 202-205-0963 to facilitate 
entry into the building.

FOR FURTHER INFORMATION CONTACT: David Payne, Engineering Staff, 202-
205-0963. Individuals who use telecommunication devices for the deaf 
may call the Federal Relay Service at 1-800-877-8339 twenty four hours 
a day, every day of the year, including holidays.

SUPPLEMENTARY INFORMATION: 
    Title: Application for Permit for Use of Roads, Trails, or Areas 
Restricted by Regulation or Order.
    OMB Number: 0596-0016.
    Expiration Date of Approval: November 30, 2019.
    Type of Request: Extension of a currently approved information 
collection.
    Abstract: Authority for permits for use of National Forest System 
(NFS) roads, NFS trails, and areas on NFS lands restricted by order or 
regulation derives from the National Forest Roads and Trails Act (16 
U.S.C. 532-538). This statute authorizes the Secretary of Agriculture 
to promulgate regulations regarding use of NFS roads, NFS trails, and 
areas on NFS lands; establish procedures for sharing investments in NFS 
roads; and require commercial users to perform road maintenance 
commensurate with their use of NFS roads. Forest Service regulations 
implementing this authority are found in 36 CFR 212.5, 212.9, 212.51, 
261.10, 261.12, 261.13, 261.54, and 261.55.
    In particular, 36 CFR 212.5 and 212.9 authorize the Chief of the 
Forest Service to establish procedures for investment sharing and to 
require commercial users to perform maintenance commensurate with their 
road use. Section 261.10 contains a national prohibition against 
constructing or maintaining an NFS road or NFS trail without a written 
authorization. Section 212.12 contains a national prohibition against 
violating the load, weight, height, length, or width limitations of 
State law when using NFS roads without a written authorization. Section 
212.13 contains a national prohibition against possessing or operating 
a motor vehicle on NFS roads, NFS trails, or areas on NFS lands that 
are not designated for motor vehicle use on a motor vehicle use map, 
unless the use is authorized by a written authorization. Section 261.54 
authorizes issuance of an order prohibiting use of an NFS road in a 
manner prohibited by the order without a written authorization, 
including commercial hauling without a permit or written authorization 
when required by order. Section 261.55 authorizes issuance of an order 
prohibiting use of an NFS trail in a manner prohibited by the order 
without a written authorization.
    Forest Service directives implementing the regulations are found in 
Forest Service Manual 2350, 7710, and 7730 and Forest Service Handbook 
7709.59, chapter 20. These directives provide for the size and weight 
limits under State traffic law to apply on NFS roads and require the 
responsible official to designate NFS roads, NFS trails, and areas on 
NFS lands for motor vehicle use; enter into appropriate investment 
sharing arrangements, require commercial users of NFS roads to perform 
maintenance commensurate with their road use; and issue orders that 
implement the authority in 36 CFR261.54. The permits road users obtain 
contain appropriate requirements for implementation of applicable 
regulations and directives.
    Form FS-7700-40, Application for Permit for Use of Roads, Trails, 
or Areas Restricted by Regulation or Order. This form will be used by 
individuals and entities that apply for a permit to use NFS roads, NFS 
trails, or areas on NFS lands that are subject to a restriction 
established by regulation or order. Examples of restrictions requiring 
permits are motor vehicle use on NFS roads and NFS trails that are not 
designated for that purpose; operating trucks that exceed size limits 
established by State traffic law on NFS roads; area closures during 
periods of high fire danger; and non-Federal commercial use of NFS 
roads.
    The following information is collected: (1) The applicant's name, 
address, and telephone number; (2) identification of the NFS roads, NFS 
trails, and areas on NFS lands proposed for use (NFS roads and NFS 
trails are identified by Forest Service route number, and areas on NFS 
lands are identified using a map); (3) purpose of use; and (4) the 
proposed use schedule. The applicant is asked to provide explanatory 
information specific to the proposed use, including information on the 
types and size of vehicles, through attachments and remarks. There are 
standard attachments available for use when the application requests 
oversize vehicle use or commercial use of roads. The application is 
submitted to the Forest Supervisor or District Ranger responsible for 
the NFS roads, NFS trails, or areas on NFS lands for which a permit is 
requested.
    When applications for commercial use of roads restricted by order 
are received, the information is used to identify maintenance 
commensurate with the applicant's road use. The information is also 
used to calculate the proportion of acquisition, construction, and 
maintenance costs associated with the NFS roads proposed for use that 
is assignable to the applicant for purposes of investment sharing. When 
requests are for oversize vehicle use, the information is used to 
evaluate the structural capacity of bridges and potential adverse 
effects on the safety of other traffic on the roads proposed for use. 
When the application requests use of NFS roads, NFS trails, or areas on 
NFS lands that are not designated for motor vehicle use or are 
restricted by order, the information is used to decide whether and, if 
appropriate, when the use should be permitted.
    The identifying information collected on form FS-7700-40, 
Application for Permit for Use of Roads, Trails, or Areas Restricted by 
Regulation or Order, is used on form FS-7700-41, Non-Federal Commercial 
Road Use Permit, and form FS-7700-48, Permit for Use of Roads, Trails, 
or Areas Restricted by Regulation or Order, to identify the permit 
holder and the routes or areas requested for use. When form FS-7700-41 
is issued, road maintenance requirements, road use schedules, and any 
necessary payments to be made in lieu of performance of maintenance 
developed from the data submitted on or with form FS-7700-40 are 
included in form FS-7700-41. When form FS-7700-48 is issued, 
requirements resulting from data submitted with form FS-7700-40, such 
as requirements for signs and pilot cars when moving oversize vehicles, 
are included. A copy of form FS-7700-41 or form FS-7700-48 must be 
carried in the holder's motor vehicle during use of the NFS roads, NFS 
trails, or areas on NFS lands covered by the permit.
    Forms FS-7700-41, Non-Federal Commercial Road Use Permit, and FS-
7700-48, Permit for Use of Roads, Trails, or Areas Restricted by 
Regulation or Order. Form FS-7700-40, FS-7700-41, and FS-7700-48 have 
been approved by the Office of Management and Budget (OMB). The Forest 
Service is seeking renewal of this approval. No

[[Page 51109]]

information beyond that collected on form FS-7700-40 will be collected 
on forms FS-7700-41 and FS-7700-48.
    Estimate of Annual Burden: 15 minutes per application.
    Type of Respondents: All those who need to use NFS roads, NFS 
trails, or areas on NFS lands that are restricted by regulation or 
order.
    Estimated Annual Number of Respondents: 20,000.
    Estimated Annual Number of Responses per Respondent: One.
    Estimated Total Annual Burden on Respondents: 5,000 hours.
    Public Comment: Public comment is invited on (1) whether this 
information collection is necessary for the stated purposes and the 
proper performance of the functions of the Agency, including whether 
the information will have practical or scientific utility; (2) the 
accuracy of the Agency's estimate of the burden of the information 
collection, including the validity of the methodology and assumptions 
used; (3) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (4) ways to minimize the burden of the 
information collection on respondents, including the use of automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology.
    All comments received in response to this notice, including names 
and addresses when provided, will be a matter of public record. 
Comments will be summarized and included in the request for OMB 
approval of the information collection.

    Dated: September 13, 2019.
Richard A. Cooksey,
Acting Associate Deputy Chief, National Forest System.
[FR Doc. 2019-21024 Filed 9-26-19; 8:45 am]
BILLING CODE 3411-15-P