80 FR 34610 - Proposed Directive for National Saw Program Policy

DEPARTMENT OF AGRICULTURE
Forest Service

Federal Register Volume 80, Issue 116 (June 17, 2015)

The Forest Service proposes to revise Forest Service Manual (FSM) 2350 to establish guidance for the National Saw Program and associated monitoring protocols and require their use on National Forest System (NFS) lands. The proposed revisions establish national training, evaluation, and certification requirements for the use of chain saws and crosscut saws by employees, volunteers, training consultants, and cooperators on NFS lands. The National Saw Program, which includes these directives, training, and other associated materials, would provide a consistent framework for conducting saw activities on NFS lands. Public comment is invited and will be considered in the development of the final directive. The proposed directive can be viewed in its entirety at www.fs.fed.us/sites/default/ files/2358-Saw-Policy-TAI-6-11-15_0.pdf.

[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Notices]
[Pages 34610-34612]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14817]


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DEPARTMENT OF AGRICULTURE

Forest Service

RIN 0596-AD16


Proposed Directive for National Saw Program Policy

AGENCY: Forest Service, USDA.

ACTION: Notice of proposed directive; request for public comment.

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SUMMARY: The Forest Service proposes to revise Forest Service Manual 
(FSM) 2350 to establish guidance for the National Saw Program and 
associated monitoring protocols and require their use on National 
Forest System (NFS) lands. The proposed revisions establish national 
training, evaluation, and certification requirements for the use of 
chain saws and crosscut saws by employees, volunteers, training 
consultants, and cooperators on NFS lands. The National Saw Program, 
which includes these directives, training, and other associated 
materials, would provide a consistent framework for conducting saw 
activities on NFS lands. Public comment is invited and will be 
considered in the development of the final directive. The proposed 
directive can be viewed in its entirety at www.fs.fed.us/sites/default/
files/2358-Saw-Policy-TAI-6-11-15_0.pdf.

DATES: Comments must be received, in writing, on or before August 17, 
2015.

ADDRESSES: Submit comments electronically by following the instructions 
at the Federal eRulemaking portal at http://www.regulations.gov or 
submit comments via facsimile to 703-605-5131. Please identify 
facsimiled comments by including ``Saw Program Directive'' on the cover 
sheet or first page. Comments may also be submitted via mail to 
National Saw Policy Program Comments, USDA Forest Service, Attn: 
Jonathan Stephens, Recreation, Heritage and Volunteer Resources, 201 
14th Street SW., Washington, DC 20250. If comments are submitted 
electronically, duplicate comments should not be sent by mail. Please 
confine comments to issues pertinent to the proposed directive, explain 
the reasons for any recommended changes, and, where possible, reference 
the specific section and wording being addressed.
    All comments, including names and addresses when provided, will be 
placed in the record and will be made available for public inspection 
and copying. The public may inspect the comments received on the 
proposed directive at the USDA Forest Service Headquarters, located in 
the Yates Federal Building at 201 14th Street SW., Washington, DC, on 
regular business days between 8:30 a.m. and 4:30 p.m. Visitors are 
encouraged to call ahead at 202-205-1701 to facilitate entry into the 
building.

FOR FURTHER INFORMATION CONTACT: Jonathan Stephens, National Trails 
Program Manager, 202-205-1701 or [email protected]. Individuals who 
use telecommunication devices for the deaf (TDD) may call the Federal 
Information Relay Service at 800-877-8339 between 8:00 a.m. and 8:00 
p.m., Monday through Friday.

SUPPLEMENTARY INFORMATION: The development of a national saw policy 
will allow the Forest Service to facilitate the safe use of chain saws 
and crosscut saws while optimizing the critical skills and cooperative 
opportunities for trail maintenance and other projects on NFS lands. 
The proposed FSM 2358 provides direction on sawyer qualifications, 
training, evaluation, and certification requirements for Forest Service 
employees, volunteers, training consultants, and cooperators using 
either chain saws or crosscut saws on NFS lands. This proposed 
directive would supersede all existing Forest Service regional 
supplements to Forest Service Handbook (FSH) 6709.11, section 22.48. 
Sawyers who are certified when the proposed directive becomes effective 
would not be subject to the certification requirements in the proposed 
directive until their certification expires.

Overview of the Proposed Directive

    The following provides an overview of the proposed directive for 
the Forest Service's National Saw Program.
    Training and Certification. Under the proposed directive, the 
Forest Service would allow the use of saws on NFS lands only if the 
sawyer has successfully completed sawyer training and field evaluation, 
possesses a valid National Sawyer Certification Card, and meets any 
other specified qualifications to perform assigned saw work safely, 
including current training on first aid and cardiopulmonary 
resuscitation (CPR). Sawyers would receive certification upon sucessful 
completion of required sawyer training and a field

[[Page 34611]]

proficiency evaluation. The issuance of a National Sawyer Certification 
Card documents the sawyer's certification and qualifies the sawyer to 
work on NFS lands within the restrictions noted on the card. A Crosscut 
Sawyer Trainee may occasionally use a crosscut saw, but for bucking 
only (bucking is sawing logs and limbs into shorter lengths) and only 
under the immediate supervision of a certified sawyer.
    Forest Service Cooperators. Forest Service agreements with 
cooperators (other than those working under interagency fire management 
cooperative agreements) would provide that cooperators are responsible 
for sawyer training and certification of their employees and volunteers 
in accordance with this proposed directive. Cooperators could take 
Nationally Recognized Sawyer Training Courses (NRSTCs) offered by the 
Forest Service or could train and certify their volunteers and 
employees through NRSTCs offered by Forest Service-recommended 
cooperator Sawyer Evaluators and Sawyer Instructors.
    Scope of Certification. Sawyers would be precluded from performing 
saw activities outside the limits of their certification or 
qualifications, except during formal evaluation proceedings or under 
the immediate supervision of a higher Qualified Sawyer.
    No Guarantee of Certification. Completion of classroom, field 
proficiency, and evaluation requirements could result in certification, 
certification with restrictions, or no certification.
    Minimum Eligible Sawyer Age. Under the proposed directive, chain 
saw sawyers would have to be at least 18 years of age (29 CFR part 570, 
subpart E). Crosscut sawyers should be at least 16 years of age.
    National Database. The Forest Service is developing a web-based 
database to track Forest Service sawyer certifications nationwide. The 
name of the sawyer, contact information, and certification level will 
be entered into the database and will be accessible by authorized 
Forest Service and cooperator employees. The system will allow the 
Forest Service and cooperators to verify that employees, volunteers, 
training consultants, and cooperators intending to operate saws on NFS 
lands have met the requirements of this proposed directive to achieve 
their specific sawyer certification level. The database will establish 
consistency and avoid redundancy in training and certification 
requirements for sawyers working on NFS lands.
    Information Collection Requirements. The Forest Service has 
developed two forms for evaluating sawyers: one for chain saws and one 
for crosscut saws. In accordance with 5 CFR 1320.3(h)(1), these forms 
do not entail an information collection to the extent they require 
sawyers who are being evaluated to affirm that they have completed and 
will maintain first aid and cardiopulmonary resuscitation (CPR) 
training, and to indicate whether they give the Forest Service 
permission to share their sawyer qualifications and add their email 
address to a mailing list shared with other Federal agencies and non-
Federal organizations so that they can be contacted about saw project 
opportunities in their area. Furthermore, in accordance with 5 CFR 
1320.3(h)(7), the evaluation forms do not entail an information 
collection to the extent they document examinations designed to test 
the aptitude, abilities, or knowledge of the persons tested and involve 
the collection of information for identification or classification in 
connection with those examinations. The National Sawyer Certification 
Card does not entail any information collections, as it is completed by 
the Forest Service without any additional information from the public 
beyond what is collected on the sawyer evaluation forms.

Regulatory Certifications

Environmental Impact

    This proposed directive would revise the administrative policies 
and procedures for using crosscut saws and chain saws on NFS lands. 
Agency regulations at 36 CFR 220.6(d)(2) (73 FR 43093) exclude from 
documentation in an environmental assessment or impact statement 
``rules, regulations, or policies to establish Service-wide 
administrative procedures, program processes, or instructions.'' The 
Agency has concluded that these directives fall within this category of 
actions and that no extraordinary circumstances exist which would 
require preparation of an environmental assessment or environmental 
impact statement.

Regulatory Impact

    This proposed directive has been reviewed under USDA procedures and 
Executive Order (E.O.) 12866 on regulatory planning and review. It has 
been determined that this is not an economically significant action. 
This proposed directive, which would clarify national Agency saw 
policy, would not have an annual effect of $100 million or more on the 
economy, nor would it adversely affect productivity, competition, jobs, 
the environment, public health and safety, or State or local 
governments. This proposed directive would not interfere with an action 
taken or planned by another agency, nor would it raise new legal or 
policy issues. The proposed directive also would not alter the 
budgetary impact of entitlement, grant, user fee, or loan programs or 
the rights and obligations of beneficiaries of those programs.
    This proposed directive has been considered in light of E.O. 13272 
regarding proper consideration of small entities and the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), which amended the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). A small entities 
flexibility assessment has determined that this action will not have a 
significant economic impact on a substantial number of small entities 
as defined by SBREFA. This proposed directive focuses on NFS saw 
program activities and would impose no requirements on small or large 
entities.

Federalism and Consultation and Coordination With Indian Tribal 
Governments

    The Agency has considered this directive under the requirements of 
E.O. 13132 on federalism and has determined that the proposed directive 
conforms with the federalism principles set out in this E.O.; would not 
impose any compliance costs on the States; and would not have 
substantial direct effects on the States, the relationship between the 
Federal Government and the States, or the distribution of power and 
responsibilities among the various levels of government. Therefore, the 
Agency has determined that no further assessment of federalism 
implications is necessary.
    In conjunction with E.O. 13175, entitled ``Consultation and 
Coordination with Indian Tribal Governments,'' USDA Departmental 
Regulation on Tribal Consultation, Coordination and Collaboration, and 
Forest Service Handbook 1509.13, Chapter 10--Consultation with Tribes, 
the Agency invites Tribes to consult on the proposed directive during 
this public comment period. Tribal consultation will continue for 90 
additional days after the close of the public comment period, giving 
Tribes 150 total days to discuss the proposed directive. Other 
opportunities to engage Tribes will be explored including information 
sharing via Web sites and notices to major tribal associations and 
groups with interest in use of chainsaws and crosscut saws. Forest 
Service regional offices have information on the proposed directive to 
guide consultation with Tribes in the

[[Page 34612]]

regions. Tribes interested in requesting a consultation may contact 
their regional foresters' office.

No Taking Implications

    The Agency has analyzed the proposed directive in accordance with 
the principles and criteria contained in E.O. 12630. The Agency has 
determined that the proposed directive would not pose the risk of a 
taking of private property.

Civil Justice Reform

    The proposed directive has been reviewed under E.O. 12988, titled 
``Civil Justice Reform.'' Upon adoption of the proposed directive, (1) 
all State and local laws and regulations that conflict with the 
proposed directive or that impede its full implementation would be 
preempted; (2) no retroactive effect would be given to the proposed 
directive; and (3) administrative proceedings would not be required 
before parties could file suit in court to challenge its provisions.

Unfunded Mandates

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1531-1538), the Agency has assessed the effects of this proposed 
directive on State, local, and Tribal governments and the private 
sector. The proposed directive would not compel the expenditure of $100 
million or more by any State, local, or Tribal government or anyone in 
the private sector. Therefore, a statement under section 202 of the act 
is not required.

Energy Effects

    The Agency has reviewed the directive under E.O. 13211, titled 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use.'' The Agency has determined that the 
proposed directive would not constitute a significant energy action as 
defined in the Executive Order.

Controlling Paperwork Burdens on the Public

    This proposed directive does not contain any additional 
recordkeeping or reporting requirements or other information collection 
requirements as defined in 5 CFR part 1320 that are not already 
required by law or not already approved for use and therefore imposes 
no additional paperwork burden on the public. Accordingly, the review 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.) and its implementing regulations at 5 CFR part 1320 do not apply.

    Dated: June 9, 2015.
Mary Wagner,
Associate Chief, U.S. Forest Service.
[FR Doc. 2015-14817 Filed 6-16-15; 8:45 am]
 BILLING CODE 3411-15-P