[Federal Register Volume 62, Number 118 (Thursday, June 19, 1997)]
[Rules and Regulations]
[Pages 33365-33368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16011]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 200


Organization, Functions, and Procedures

AGENCY: Forest Service, USDA.

ACTION: Final rule; technical amendment.

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SUMMARY: This final rule amends 36 CFR part 200 to: Update field unit 
names and addresses and make minor corrections to language and format. 
The intended effect of this action is to ensure that agency 
organization and function is current.

EFFECTIVE DATE: June 19, 1997.

FOR FURTHER INFORMATION CONTACT: Elizabeth M. Anderson, Regulatory 
Analyst, (703) 235-2994.

SUPPLEMENTARY INFORMATION: This final rule amends 36 CFR part 200, 
making minor changes in text and format to update the names and 
addresses of Forest Service field units and making other minor 
editorial revisions. Section 200.1(a) is revised to update the address 
of the national office of the Forest Service. Section 200.1(c)(2) is 
revised to update the numbers of administrative units within the 
National Forest System. Section 200.2 is revised to reflect changes in 
the scope of the field research organization, to indicate the 
establishment of the International Institute of Tropical Forestry as a 
unit reporting to the Chief, and to correct unit names and addresses.
    In addition, Sec. 200.4 has been updated to clarify the description 
of the Forest Service Directive System with respect to the issuance of 
directives, correspondence, and memoranda. Section 200.10 has been 
revised to make a full cross-reference to Department of Agriculture 
rules governing requests for records at 7 CFR 1.6 and to update the 
list of agency officials who have the authority to grant or deny 
requests for records to include the Director of Law Enforcement and 
Investigations and the Regional Special Agent in Charge. Finally 
Secs. 200.1, 200.2, and 200.11 are amended to remove gender-specific 
references.

[[Page 33366]]

Environmental Impact

    This rulemaking consists of technical and administrative changes to 
the organization and procedures of the agency. Section 31.1b of Forest 
Service Handbook 1901.15 (57 FR 43180; September 18, 1992) excludes 
from documentation in an environmental assessment or impact statement 
``rules, regulations, or policies to establish Service-wide 
administrative procedures, program processes, or instructions.'' Also, 
7 CFR 1b.3(a)(1) excludes from documentation ``policy development, 
planning, and implementation which relate to routine activities, such 
as personnel, organizational changes, or similar administrative 
functions.'' Based on the nature and scope of this rulemaking, the 
Forest Service has determined that this rule falls within both of these 
categories of actions and that no extraordinary circumstances exist 
that would have a significant effect on the human environment and; 
therefore, preparation of an environmental assessment or environmental 
impact statement is not required.

Controlling Paperwork Burdens on the Public

    This technical rule does not contain any recordkeeping or reporting 
requirements or other information collection requirements as defined in 
5 CFR part 1320 and, therefore, imposes no paperwork burden on the 
public. Accordingly, the review provisions of the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501, et seq.) and implementing regulations at 5 
CFR 1320 do not apply.

Regulatory Impact

    This technical rule relates to internal agency management and 
organization; therefore, pursuant to the Administrative Procedures Act 
(5 U.S.C. 553), notice and opportunity for comment are not required, 
and this rule may be made effective less than 30 days after publication 
in the Federal Register. Furthermore, since this rule relates to 
internal agency management, it is exempt from the provisions of 
Executive Order 12866 on Regulatory Planning and Review. Finally, this 
action is not a rule as defined in the Regulatory Flexibility Act (5 
U.S.C. 601, et seq), and, thus, is exempt from the provisions of that 
Act.

No Takings Implications

    This technical rule has been reviewed in accordance with the 
principles and criteria contained in Executive Order 12630 and it has 
been determined that the rule does not pose the risk as a taking of 
constitutionally protected private property.

Civil Justice Reform Act

    This technical rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. Under this rule: (1) All state and local laws and 
regulations that are in conflict with this rule or which could impede 
its full implementation will be preempted; (2) No retroactive effect 
will be given to this rule; and (3) No administrative procedures are 
required before parties may file suit in court challenging its 
provisions.

Unfunded Mandates Reform

    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 Department has assessed the effects of this rule on State, 
local, and tribal government and the private sector. This technical 
rule does not compel the expenditure of $100 million or more by any 
State, local, and tribal governments or anyone in the private sector. 
Therefore, a statement under section 202 of the Act is not required.

List of Subjects in 36 CFR Part 200

    Administrative practice and procedure, Freedom of information, 
Organization and functions (Government agencies).

    Therefore, for reasons set forth in the preamble, Part 200 of Title 
36 of the Code of Federal Regulations is hereby amended as follows;

PART 200--ORGANIZATION, FUNCTIONS, AND PROCEDURES

    1. Revised the authority citation for 36 CFR part 200 to read as 
follows:

    Authority: 5 U.S.C. 552; 7 U.S.C. 6706; 16 U.S.C. 472, 521, 
1603, and 2101 et seq.

    2. Amend Sec. 200.1 as follows:
    a. by removing the National Forest System table in paragraph (c)(2) 
and adding in its place the following:


Sec. 200.1  Central organization.

* * * * *
    (c) * * *
    (2) * * *

155  Proclaimed or designated National Forests
20  National Grasslands
51  Purchase Units
8  Land Utilization Projects
20  Research and Experimental Areas
33  Other Areas
* * * * *
    b. And, by revising the first and last sentences of paragraph (a) 
to read as follows:


Sec. 200.1  Central organization.

    (a) Central office. The national office of the Forest Service, U.S. 
Department of Agriculture, is located in the Auditors Building, 14th 
and Independence Avenue, SW. Washington, DC. * * * All communications 
should be addressed to the Forest Service, Department of Agriculture, 
P.O. Box 96090, Washington, DC 20090-6090.
* * * * *


Sec. 200.2  [Amended]

    3. Amend Sec. 200.2 as follows:
    a. by removing the word ``his'' in the second sentence of paragraph 
(a) and adding in its place the word ``that,'' and
    b. By redesignating paragraph (d) as (e) and by revising paragraphs 
(b) and (c) and adding a new paragraph (d) to read as follows:


Sec. 200.2  Field organization.

* * * * *
    (b) Forest and rangeland research coordination. The field research 
program is coordinated by six research stations, the national Forest 
Products Laboratory, and the International Institute of Tropical 
Forestry. Each has a headquarters office and a Director who is 
responsible to the Chief for all research activities within a 
geographical area of the United States or its territories. Scientists 
are based at Research Work Units with laboratories located in 36 lower 
States, Hawaii, Alaska, and Puerto Rico. Scientists primarily conduct 
their work within a given geographical area, but due to the integrated 
and cooperative nature of the research program, they make work 
nationwide and internationally.
    (c) State and private forestry cooperation. Field level cooperation 
between the Forest Service, States, and the private sector on forestry 
activities is accomplished by the Northeastern Area State and Private 
Forestry for the Northeastern States; and by the National Forest 
Regional Offices in the Southeastern and Western States. The 
Northeastern Area is supervised by an Area Director who is responsible 
to the Chief for State and private forestry activities within the Area. 
Regional Foresters in Regions 1 through 8 and Region 10 are responsible 
for State and private forestry activities within those regions.
    (d) International Institute of Tropical Forestry. The Institute is 
managed by a Director who is the senior Forest Service official in 
Puerto Rico. The Director is responsible to the Chief for planning and 
directing research, science and technology exchange, technical 
assistance to the Commonwealth of Puerto Rico, and international

[[Page 33367]]

cooperation on natural resources concerning tropical forestry.
* * * * *
    c. By amending the table entitled ``National Forests by Region'' in 
redesignated paragraph (e) as follows:
    Region 1: Insert the words ``P.O. Box 7669,'' after the words 
``Federal Bldg.,'' and before the word ``Missoula'' in the left hand 
column thereof. Remove the number ``59801'' in the left hand column 
thereof and add in its place the number ``59807.''
    Region 2: Remove the words ``11177 West 8th St.'' and add the words 
``740 Simms Street, P.O. Box 25127,'' after the words ``Regional 
Forester,'' and before the words ``Lakewood, CO 80225'' in the left 
hand column thereof. Remove the line beginning with the words ``Rio 
Grande'' in the middle column and ending with ``Monte Vista'' in the 
right hand column. Remove the lines beginning with the word ``Routt'' 
in the middle column and ending with the words ``Steamboat Springs'' in 
the right hand column. Insert the words ``-Rio Grande'' after the words 
``San Juan'' in the middle column thereof. Remove the word ``Durango'' 
in the right hand column thereof and add in its place the words ``Monte 
Vista.'' Insert the word ``-Routt'' after the words ``Medicine Bow'' in 
the middle column thereof.
    Region 4: Remove the word ``Reno'' in the right hand column thereof 
and add in its place the word ``Sparks.''
    Region 5: Remove the word ``Pasadena'' in the right hand column 
thereof and add in its place the word ``Arcadia.''
    Region 6: Remove the words ``319 Southwest Pine St.'' after the 
words ``Regional Forester'' and before the words ``P.O. Box 3623'' in 
the left hand column thereof and add in their place the words ``333 
S.W. 1st Avenue.'' Remove the words ``Portland'' and ``Seattle'' in the 
right hand column thereof and add in their place the words ``Gresham'' 
and ``Mountain Terrace,'' respectively.
    Region 8: Remove the number ``30309'' after the words ``Atlanta, 
GA'' in the left hand column thereof and add in its place the number 
``30367.'' Insert the word ``-Jefferson'' after the words ``George 
Washington'' in the middle column thereof. Remove the word 
``Harrisonburg'' in the right hand column and add in its place the word 
``Roanoke.'' Remove the line beginning with the word ``Jefferson'' in 
the middle column and ending with the word ``Roanoke'' in the right 
hand column.
    Region 9: Remove the number ``633'' after the words ``Regional 
Forester'' and before the words ``West Wisconsin Ave.'' in the left 
hand column thereof and add in its place the number ``310.''
    Region 10: Remove the words ``P.O. Box 1628, Juneau, AK 99802'' 
following the words ``Federal Office Bldg.'' in the left hand column 
thereof and add in their place the words ``P.O. Box 21628, Juneau, AK 
99802-1628).''
    d. By revising the table entitled ``Forest and Range Experiment 
Stations'' in redesignated paragraph (e) to read as follows:

Forest and Range Experiment Stations, Laboratories, and Institutes Name 
of Unit and Headquarters of Director

North Central Research Station--1995 Folwell Avenue, St. Paul, MN 
55108.
Northeastern Research Station--100 Matsonford Road, 5 Radnor 
Corporate Center, Suite 200, P.O. Box 6775, Radnor, PA 19087-4585.
Pacific Northwest Research Station--333 S.W. 1st Avenue, P.O. Box 
3890, Portland, OR 97208-3890.
Pacific Southwest Research Station--800 Buchanan Street, West 
Building, Albany, CA 94710-0011.
Rocky Mountain Research Station--240 West Prospect Street, Fort 
Collins, CO 80526-2098.
Southern Research Station--200 Weaver Boulevard, P.O. Box 2680, 
Asheville, NC 28802.

Laboratory

Forest Products Laboratory--One Gifford Pinchot Drive, Madison, WI 
53705-2398.

Institute

International Institute of Tropical Forestry--Call Box 25000, UPR 
Experimental Station Grounds, Rio Piedras, Puerto Rico 00928-2500.

    e. And, by revising the listing entitled ``State and Private 
Forestry Areas'' in redesignated paragraph (e) to read as follows:

State and Private Forestry Area Office

Director, Northeastern Area--100 Matsonford Road, P.O. Box 6775, 
Radnor, PA 19087-4585.

    Note: In Regions 1 through 8 and 10, State and Private Forestry 
activities are directed from Regional headquarters.
    4. Revise Sec. 200.4 to read as follows:


Sec. 200.4  Administrative issuances.

    (a) The regulations of the Secretary of Agriculture governing the 
protection and administration of National Forest System lands and other 
programs of the Forest Service are set forth in Chapter 2 of Title 36 
of the Code of Federal Regulations.
    (b) Administrative policy, procedure, and guidance to Forest 
Service employees for the conduct of Forest Service activities are 
issued as directives, or through correspondence, by the office of the 
Chief of the Forest Service and by the field officers listed in 
Sec. 200.2.
    (1) Directives are issued through the Forest Service Directive 
System, which is comprised of the Forest Service Manual and related 
Forest Service Handbooks. The Directive System codifies the agency's 
policy, practice, and procedure affecting more than one unit and the 
delegations of continuing authority and assignment of continuing 
responsibilities; serves as the primary administrative basis for the 
internal management and control of all programs; and is the primary 
source of administrative direction to Forest Service employees.
    (2) In contrast to direction issued through the Directive System, 
guidance issued to one or more organizational units through letters and 
memoranda relate to decisions or interpretations on specific 
activities, cases, or incidents or to other matters of agency business, 
especially those matters of short-term duration or immediate interest.
    (c) Forest Service Directive System issuances are published under 
delegated authority as follows:
    (1) The Forest Service Manual and Forest Service Handbook issuances 
to all Forest Service units are published by the Office of the Chief.
    (2) Forest Service Manual and Forest Service Handbook issuances may 
be supplemented as needed for field office use by a Regional Forester, 
a Regional Special Agent in Charge of Law Enforcement and 
Investigations, a Research Station Director, the International 
Institute for Tropical Forestry Director, the Area Director, or a 
Forest Supervisor.
    (d) Guidance issued through letters and memoranda must be issued in 
accordance with signing authorities delegated through issuances to the 
Forest Service Directive System.
    (e) An alphabetical index of the contents of the Forest Service 
Manual and related Forest Service Handbooks is published in Forest 
Service Handbook 1109.11, Directive System User Guide. The index 
contains a listing of all Series, Titles, and Chapters in the Forest 
Service Manual and a listing of all Forest Service Handbooks in the 
Directive System.
    (f) Forest Service Handbook 6209.11, Records Management Handbook, 
outlines and indexes the filing system for all correspondence and other 
records.
    (g) Forms and reports used by the agency are listed in, and 
instructions for their use are issued throughout, the Forest Service 
Directive System and are collated in Forest Service Handbook

[[Page 33368]]

1309.14, Information Requirements Handbook.
    6. Revise Secs. 200.7 and 200.8 to read as follows:


Sec. 200.7  Request for records.

    Requests for records and the processing of those records are 
governed by the rules at 7 CFR 1.6. Agency officials are authorized to 
receive and act on requests for records as follows:
    (a) The Regional Forester, Regional Special Agent in Charge, 
Research Station Director, and Area Director at the field locations and 
addresses listed in Sec. 200.2; the Director of Law Enforcement and 
Investigations; and the Deputy Chief for the program area involved, 
located in Washington, DC, are authorized to receive requests for such 
records, to make determinations regarding whether records exist, and to 
grant or deny requests for records exempt from disclosure under the 
provisions of 5 U.S.C. 552(b).
    (b) Each of the officials listed in paragraph (a) of this section 
also is authorized to take the following actions:
    (1) Extend the 10-day administrative deadline for reply pursuant to 
7 CFR 1.14;
    (2) Make discretionary releases pursuant to 7 CFR 1.17(b) of 
records exempt from mandatory disclosure;
    (3) Deny records pursuant to 5 U.S.C. 552(b); and
    (4) Make determinations regarding the charges of fees pursuant to 7 
CFR 1.8(a).


Sec. 200.8  Appeals.

    (a) Appeals from denials of requests submitted under Sec. 200.7 
shall be submitted in accordance with 7 CFR 1.6(e) of the Chief, Forest 
Service, U.S. Department of Agriculture, Auditors Building, 14th and 
Independence Avenue, SW., P.O. Box 96090, Washington, DC 20090-6090.
    (b) The Chief, or other official to whom such authority is 
delegated, shall determine whether to grant or deny the appeal and make 
all necessary determinations relating to an extension of the 20-day 
administrative deadline for reply pursuant to 7 CFR 1.14, discretionary 
release pursuant to 7 CFR 1.17(b) of records exempt from mandatory 
disclosure under 5 U.S.C. 552(b), and charging the appropriate fees.

    Dated: June 11, 1997.
Ronald E. Stewart,
Acting Chief.
[FR Doc. 97-16011 Filed 6-18-97; 8:45 am]
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