[Federal Register Volume 86, Number 228 (Wednesday, December 1, 2021)]
[Rules and Regulations]
[Pages 68149-68150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25947]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 219

RIN 0596-AD28


National Forest System Land Management Planning; Correction

AGENCY: Forest Service, Agriculture (USDA).

ACTION: Technical correction.

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SUMMARY: This document makes technical corrections to Forest Service 
regulations regarding National Forest System land management planning. 
The correction reinstates paragraphs that were inadvertently removed 
from a final rule published on December 15, 2016.

DATES: This correction is effective December 1, 2021.

ADDRESSES: Written inquiries about this correction may be sent to the 
Director, Ecosystem Management Coordination Staff, USDA Forest Service, 
1400 Independence Ave. SW, Mailstop Code 1104, Washington, DC 20250-
1104.

FOR FURTHER INFORMATION CONTACT: Ecosystem Management Coordination 
Staff's Planning Specialist Nick DiProfio at (202) 253-0640 or by email 
at [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On December 15, 2016 (81 FR 90723), the United States Department of 
Agriculture (Department) published a final rule to amend 36 CFR part 
219 (the planning rule) clarifying the direction for plan amendments, 
and to correct Sec.  219.11(d)(4). The intent of the final rule was to 
reinstate paragraph (d)(4) in its entirety. The paragraph establishes 
maximum size openings for even aged harvests which the National Forest 
Management Act requires (16 U.S.C. 1604 (g)(3)(F)(iv)). Reinstatement 
of the paragraph was necessary because a sentence that had been 
included in the paragraph when the rule was issued on April 9, 2012, 
was inadvertently removed when correcting amendments were made in July 
2012 (compare the rule text as set out on April 9, 2012, and July 27, 
2012: 77 FR 21260, 21266 and 77 FR 44144, 44145).
    However, the December 15, 2016, rule to reinstate the entire 
paragraph failed to maintain paragraphs (d)(4)(i), (ii), and (iii) as 
part of Sec.  219.11(d)(4).

Need for Correction

    To ensure that Sec.  219.11 is complete, as it was set out when the 
planning rule was issued in 2012, the Department is issuing a technical 
correction to Sec.  219.11(d)(4)(i) through (iii) of the planning rule.

List of Subjects in 36 CFR Part 219

    Administrative practice and procedure, Environmental impact 
statements, Indians, Intergovernmental relations, National forests, 
Reporting and recordkeeping requirements, Science and technology.

    Accordingly, 36 CFR part 219 is corrected by making the following 
correcting amendment:

PART 219--PLANNING

0
1. The authority citation for part 219 continues to read as follows:

    Authority: 5 U.S.C. 301; 16 U.S.C. 1604, 1613.

Subpart A--National Forest System Land Management Planning

0
2. Amend Sec.  219.11 by revising paragraph (d)(4) to read as follows:


Sec.  219.11  Timber requirements based on the NFMA.

* * * * *
    (d) * * *
    (4) Where plan components will allow clearcutting, seed tree 
cutting, shelterwood cutting, or other cuts designed to regenerate an 
even-aged stand of timber, the plan must include standards limiting the 
maximum size for openings that may be cut in one harvest operation, 
according to geographic areas, forest types, or other suitable 
classifications. Except as provided in paragraphs (d)(4)(i) through 
(iii) of this section, this limit may not exceed 60 acres for the 
Douglas-fir forest type of California, Oregon, and Washington; 80 acres 
for the southern yellow pine types of Alabama, Arkansas, Georgia, 
Florida, Louisiana, Mississippi, North Carolina, South Carolina, 
Oklahoma, and Texas; 100 acres for the hemlock-Sitka spruce forest type 
of coastal Alaska; and 40 acres for all other forest types.
    (i) Plan standards may allow for openings larger than those 
specified in

[[Page 68150]]

paragraph (d)(4) of this section to be cut in one harvest operation 
where the responsible official determines that larger harvest openings 
are necessary to help achieve desired ecological conditions in the plan 
area. If so, standards for exceptions shall include the particular 
conditions under which the larger size is permitted and must set a 
maximum size permitted under those conditions.
    (ii) Plan components may allow for size limits exceeding those 
established in paragraphs (d)(4) introductory text and (d)(4)(i) of 
this section on an individual timber sale basis after 60 days public 
notice and review by the regional forester.
    (iii) The plan maximum size for openings to be cut in one harvest 
operation shall not apply to the size of openings harvested as a result 
of natural catastrophic conditions such as fire, insect and disease 
attack, or windstorm (16 U.S.C. 1604(g)(3)(F)(iv)).
* * * * *

    Dated: November 23, 2021.
Meryl Harrell,
Deputy Under Secretary, Natural Resources & Environment.
[FR Doc. 2021-25947 Filed 11-30-21; 8:45 am]
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