[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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