Comment:Two respondents commented on this provision. One respondent stated that it is
reasonable for the Forest Service to request the date and time of a proposed activity,
but that requiring that information before an activity places an undue burden on the
public. Another respondent commented that the agency could authorize a shorter time than
requested, so that anyone at the site before or after that time would be in violation
of the permit.
Section 251.54(e)(2)(i)(D) of the proposed rule
required applicants to provide the date and time of the proposed
The proposed rule merely required the date and time of the proposed
Thus, the proposed rule required applicants to specify when but not how long
a proposed activity would occur. Accordingly, the Department has amended Sec.
251.54(e)(2)(i)(D) in the final rule to require applicants to provide the starting and
ending date and time of a proposed activity.
The Department believes that it is both reasonable and necessary to require
applicants to indicate in advance both when and how long a proposed activity will occur.
Failure to require prior notice of this information would defeat the Department's
purposes of resource protection, promotion of public health and safety, and allocation
of space within the National Forest System. Without this information, for example, the
Forest Service would not know the kinds of mitigative and preventive measures to take
in authorizing noncommercial group uses. As a result, these uses could pose a
substantial risk of danger to National Forest System lands and resources.
Authorization of noncommercial group uses will not be less likely than authorization
of other uses. On the contrary, the Department intends to authorize noncommercial group
uses to the full extent allowed under this rule. The Department also intends to apply
this rule consistently and fairly as required by law to all noncommercial group uses.
It would be inconsistent with this intent to authorize a shorter time than requested
for the purpose of finding anyone at the site before or after that time in violation
of the authorization. However, there could be a compelling need to adjust the requested
time period. For example, the agency might suggest an alternate date or site for a
school-sponsored camping event if the requested date and site would place students in
jeopardy on the opening day of deer hunting season.
Listing of Comments
FS Regulation Page