[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Rules and Regulations]
[Pages 80299-80300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31165]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 219
RIN 0596-AB86
National Forest System Land Management Planning; Correction
AGENCY: Forest Service, USDA.
ACTION: Correcting amendment.
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SUMMARY: This document makes technical corrections Forest Service
regulations concerning the
[[Page 80300]]
administrative review procedures that the responsible official may use
in some cases when approving plans, plan amendments, or plan revisions
during the transition period for the rule. A final rule was published
in volume 73 of the Federal Register, page 21468, April 21, 2008. This
document makes corrections to the April 21 rule.
DATES: Effective Date: These corrections are effective December 31,
2008.
ADDRESSES: Written inquiries about this correction notice 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 Regis Terney at (202) 205-1552.
SUPPLEMENTARY INFORMATION:
Background
In volume 73 of the Federal Register, page 21468, April 21, 2008
(73 FR 21468) the United States Department of Agriculture (Department)
published a final rule setting forth directions for developing,
amending, revising, and monitoring land management plans (the planning
rule). On May 27, 2008, the Office of the Federal Register informed the
Department that citing ``36 CFR 217'' in the Code of Federal
Regulations (CFR) was not appropriate because ``36 CFR 217'' no longer
exists. Currently, part 219 refers several times to the administrative
review procedures ``at 36 CFR part 217 in effect prior to November 9,
2000 (see 36 CFR parts 200 to 299, revised as of July 1, 2000).''
Need for Correction
These Code of Federal Regulations references must be removed
because (1) they refer to an outdated edition of the CFR, (2) part 217
has not been codified in the CFR since 2000, and (3) the reference is
confusing to people who will not find part 217 in the CFR. Therefore
the Department is issuing a technical correction to section
219.14(b)(2) and section 219.14(b)(3)(iii) of the planning rule.
The planning rule's transition provisions, at 36 CFR 219.14(b),
allow a responsible official to provide either objection procedures, as
provided by section 219.13 of the planning rule, or the administrative
appeal procedures formerly codified under 36 CFR part 217 for
administrative review of land management plans or plan amendments in
some situations. In the place of ``36 CFR part 217'' in the corrected
rule, the Department cites the Federal Register notices for the
procedures formerly codified at 36 CFR part 217.
The Department identifies these procedures as the ``optional appeal
procedures available during the planning rule transition period.'' This
format eliminates references to the previous coding of the
administrative appeal and review procedures in the CFR to avoid
confusion as to the proper status of those procedures. The ``optional
appeal procedures available during the planning rule transition
period,'' are 54 FR 3357 (January 23, 1989), as amended at 54 FR 13807
(April 5, 1989); 54 FR 34509 (August 21, 1989); 55 FR 7895 (March 6,
1990); 56 FR 4918 (February 6, 1991); 56 FR 46550 (September 13, 1991);
and 58 FR 58915 (November 4, 1993). The ``optional appeal procedures
available during the planning rule transition period,'' are available
at http://www.fs.fed.us/emc/applit/includes/PlanAppealProceduresDuringTransition.pdf.
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.
0
Accordingly, 36 CFR part 219 is corrected by making the following
correcting amendments:
PART 219--PLANNING
0
1. The authority citation for subpart A 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. In Sec. 219.14 revise paragraphs (b)(2) and (b)(3)(iii) to read as
follows:
Sec. 219.14 Effective dates and transition.
* * * * *
(b) * * *
(2) Plan Amendments. With respect to plans approved or revised
pursuant to the planning regulation in effect before November 9, 2000,
(see 36 CFR parts 200 to 299, Revised as of July 1, 2000), a 3-year
transition period for plan amendments begins on April 21, 2008. During
the transition period, plan amendments may continue using the
provisions of the planning regulation in effect before November 9,
2000, or may conform to the requirements of this subpart. If the
responsible official uses the provisions of the prior planning
regulations, the responsible official may elect to use either the
objection procedures of this subpart or the optional appeal procedures
available during the planning rule transition period. The optional
appeal procedures available during the planning rule transition period
are published at 54 FR 3357 (January 23, 1989), as amended at 54 FR
13807 (April 5, 1989); 54 FR 34509 (August 21, 1989); 55 FR 7895 (March
6, 1990); 56 FR 4918 (February 6, 1991); 56 FR 46550 (September 13,
1991); and 58 FR 58915 (November 4, 1993). Plan amendments initiated
after the transition period must conform to the requirements of this
subpart.
(3) * * *
(iii) Except when a plan amendment is approved contemporaneously
with a project or activity and applies only to that project or activity
(in a way that 36 CFR part 215 or part 218, subpart A apply), the
responsible official may elect to use either the objection procedures
of this subpart or the optional appeal procedures available during the
planning rule transition period. The optional appeal procedures
available during the planning rule transition period are published at
54 FR 3357 (January 23, 1989), as amended at 54 FR 13807 (April 5,
1989); 54 FR 34509 (August 21, 1989); 55 FR 7895 (March 6, 1990); 56 FR
4918 (February 6, 1991); 56 FR 46550 (September 13, 1991); and 58 FR
58915 (November 4, 1993).
* * * * *
Dated: December 24, 2008.
Hank Kashdan,
Deputy Chief, Business Operations.
[FR Doc. E8-31165 Filed 12-30-08; 8:45 am]
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