[Federal Register Volume 85, Number 11 (Thursday, January 16, 2020)]
[Rules and Regulations]
[Page 2864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00666]
[[Page 2863]]
Vol. 85
Thursday,
No. 11
January 16, 2020
Part III
Department of Agriculture
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Forest Service
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36 Part 216
Public Notice and Comment for Forest Service Directives; Rule and
Forest Service Handbook 1109.12; Directive System Handbook; Providing
Notice and Opportunity to Comment on Forest Service Directives; Notice
Federal Register / Vol. 85 , No. 11 / Thursday, January 16, 2020 /
Rules and Regulations
[[Page 2864]]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 216
Public Notice and Comment for Forest Service Directives
AGENCY: Forest Service, USDA.
ACTION: Technical corrections to final rule.
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SUMMARY: The United States Department of Agriculture (USDA) is
affirming the final rule that appeared in the Federal Register on March
30, 2018, with technical corrections. One of the technical corrections
responds to comments received during the comment period for the final
rule, and the other removes a phrase that does not apply.
DATES: Technical corrections to the final rule at 36 CFR part 216 are
effective January 16, 2020.
FOR FURTHER INFORMATION CONTACT: Michael Migliori, Program Analyst,
Directives and Regulations, Office of Regulatory and Management
Services, [email protected], (202) 205-2496. Individuals who
use telecommunication devices for the deaf may call the Federal
Information Relay Service at (800) 877-8339 between 8:00 a.m. and 8:00
p.m., Eastern Time, Monday through Friday.
SUPPLEMENTARY INFORMATION:
Response to Comments on Final 36 CFR part 216
The Forest Service received 74 comments on final 36 CFR part 216
(83 FR 13646). A record of all comments received on the final rule can
be accessed at the Forest Service Regulations and Policies web page via
https://www.fs.fed.us/about-agency/regulations-policies. The
Department's summary response to those comments that are within the
scope of the final rule and substantive is posted at the Forest Service
Regulations and Policies web page at https://www.fs.fed.us/about-agency/regulations-policies.
Definition of a Directive
One commenter noted that the definition of a directive in 36 CFR
216.2, which is limited to directives issued ``by the Office of the
Chief,'' is too narrow, since field officials issue directive
supplements that may require public notice and opportunity to comment.
The Department agrees. The Department has removed the phrase ``by
the Office of the Chief'' from Sec. 216.2 consistent with existing
regulations at 36 CFR 200.4(c), which provide for directive supplements
issued by certain field officials, as well as national directives
issued by the Chief. This technical correction clarifies that final 36
CFR part 216 applies to directive supplements, as well as to national
directives.
Inapplicable Phrase
As currently written, Sec. 216.3(b) of the final rule prescribes
certain procedures for public comments, as well as public notices,
required by the final rule. The reference to public comments in Sec.
216.3(b) has been removed, since public comments are not required under
the final rule. Rather, the final rule requires public notice and
opportunity for comment on Forest Service directives as provided in the
final rule.
List of Subjects in 36 CFR Part 216
Administrative practice and procedure, National forests.
Therefore, for the reasons set out in the preamble, the Department
is affirming the final rule at part 216 of title 36 of the Code of
Federal Regulations, with the following technical corrections:
PART 216--PUBLIC NOTICE AND COMMENT FOR STANDARDS, CRITERIA, AND
GUIDANCE APPLICABLE TO FOREST SERVICE PROGRAMS
0
1. The authority citation for part 216 continues to read as follows:
Authority: 16 U.S.C. 1612(a).
0
2. Section 216.2 is revised to read as follows:
Sec. 216.2 Definition.
Directive means the contents of the Forest Service Manual and
Forest Service Handbooks issued as described at 36 CFR 200.4(c).
0
3. Section 216.3(b) is revised to read as follows:
Sec. 216.3 Notice and opportunity for public comment.
* * * * *
(b) Notices required by paragraph (a) of this section shall:
(1) Be published on a schedule for proposed directives and interim
directives maintained by the Forest Service in a centralized repository
on the Forest Service website.
(2) Provide a physical mailing address and an internet address or
similar online resource for submitting comments.
* * * * *
Dated: December 3, 2019.
J. Lenise Lago,
Associate Chief.
[FR Doc. 2020-00666 Filed 1-15-20; 8:45 am]
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