83_FR_13708 83 FR 13646 - Forest Service Directives

83 FR 13646 - Forest Service Directives

DEPARTMENT OF AGRICULTURE
Forest Service

Federal Register Volume 83, Issue 62 (March 30, 2018)

Page Range13646-13649
FR Document2018-06130

This final rule updates the current regulations that establish procedures for public participation in the formulation of standards, criteria, and guidelines applicable to Forest Service programs as required by the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended (FRRRPA). These revisions will provide greater opportunity for public participation in the formulation of such standards, criteria, and guidelines by expanding and better defining the scope of policies subject to such review and utilizing technologies for public engagement that were not available at the time of the last amendment to these regulations in 1984.

Federal Register, Volume 83 Issue 62 (Friday, March 30, 2018)
[Federal Register Volume 83, Number 62 (Friday, March 30, 2018)]
[Rules and Regulations]
[Pages 13646-13649]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06130]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 216

RIN 0596-AC65


Forest Service Directives

AGENCY: Forest Service, USDA.

ACTION: Final rule with request for comments.

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SUMMARY: This final rule updates the current regulations that establish 
procedures for public participation in the formulation of standards, 
criteria, and guidelines applicable to Forest Service programs as 
required by the Forest and Rangeland Renewable Resources Planning Act 
of 1974, as amended (FRRRPA). These revisions will provide greater 
opportunity for public participation in the formulation of such 
standards, criteria, and guidelines by expanding and better defining 
the scope of policies subject to such review and utilizing technologies 
for public engagement that were not available at the time of the last 
amendment to these regulations in 1984.

DATES: This rule is effective April 30, 2018. The Forest Service is 
publishing this rule as a final rule with comment. The Forest Service 
will accept written comments on this final rule until close of business 
May 29, 2018. See SUPPLEMENTARY INFORMATION for a description of how 
the Forest Service will respond to comments.

ADDRESSES: Please submit comments via one of the following methods:
    1. Public participation portal (preferred): https://cara.ecosystem-management.org/Public/CommentInput?project=ORMS-1893.
    2. Mail: Office of Regulatory and Management Services, c/o Michael 
Migliori; USDA Forest Service, Mailstop 1150, 1400 Independence Avenue 
SW, Washington, DC 20250.
    3. Email: [email protected].
    4. Fax: 202-649-1161.
    All comments, including names and addresses when provided, are 
placed in the record and are available for public inspection and 
copying. The public may inspect comments received online via an online 
public reading room at https://cara.ecosystem-management.org/Public/ReadingRoom?project=ORMS-1893, or at U.S. Forest Service, Office of 
Management and Regulatory Services, 201 14th St. SW, 2 Central, 
Washington, DC 20024.Visitors are encouraged to call ahead to (202) 
205-1475 to facilitate entry to the building.

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 a.m. and 8 p.m., Eastern 
Time, Monday through Friday.

SUPPLEMENTARY INFORMATION: 

[[Page 13647]]

Background and Explanation of the Final Rule

    The Forest Service will consider revising this rule based on public 
comments received. If the Forest Service determines that no changes to 
the rule are warranted, the Forest Service will publish a notice 
affirming this final rule by September 26, 2018. If the Forest Service 
seeks to incorporate changes based on the public comments, the final 
rule will be revised as appropriate.
    This final rule is promulgated pursuant to section 14(a) of the 
FRRRPA (16 U.S.C. 1612(a)), which provides that the Secretary, in 
exercising his authority [under the Act] and other laws applicable to 
the Forest Service, by regulation, shall establish procedures, 
including public hearings where appropriate, to give the Federal, 
State, and local governments and the public adequate notice and an 
opportunity to comment upon the formulation of standards, criteria, and 
guidelines applicable to Forest Service programs.
    This provision of law has been implemented through 36 CFR part 216, 
published on April 23, 1984. The purpose of that provision is to ensure 
that Federal, State, and local governments and the public have adequate 
notice and opportunity to comment upon the formulation of standards, 
criteria, and guidelines applicable to Forest Service programs.
    Currently, 36 CFR part 216 only applies to directives published in 
the Forest Service Manual, which are policies and guidance for Forest 
Service staff. Part 216 reflects an Agency assumption that the Forest 
Service Handbook--which contains detailed instructions on how to 
implement the Forest Service Manual--is administrative or technical in 
nature, and does not include standards, criteria or guidelines. Over 
the past three decades, however, the complexity of management of the 
National Forest System (NFS) has increased, and the Agency has realized 
that the Forest Service Handbook may contain directives subject to the 
notice and comment requirements of section 14(a) of FRRRPA.
    This final rule revises part 216 to require public notice and 
comment on the formulation of standards, criteria or guidelines 
applicable to Forest Service programs, regardless of whether they are 
published in the Forest Service Manual or Handbook. The part 216 
requirements would not apply to Forest Service directives pertaining to 
law enforcement and investigations; personnel matters; procurement; 
administrative support activities such as budget and finance; business 
operations; and activities undertaken by the Forest Service on behalf 
of other Federal agencies.
    The revision of part 216 will also require the Forest Service to 
establish an internet-based notice and comment system, as notice of 
proposed changes to directives will be posted on a Forest Service-
administered schedule on the agency's national website. While interim 
and final directives are available to the public on the internet, 
revision of part 216 will allow the public to have notice of, and ready 
access to, proposed, directives issued by the Forest Service. By 
utilizing modern technology, the public will be presented with several 
options for submitting comments, including at least one electronic 
means of submittal such as email or through a web form, as well as the 
traditional means of submitting comments by post-mailed letters. The 
process for submitting comments will be specified on the schedule. 
Several supplemental notification methods may also be employed in order 
to communicate about such notice to a broader segment of the public, 
including publishing notices of proposed, interim, and final directives 
in the Federal Register, issuing press releases, or holding public 
meetings. Other similar processes could also be utilized when 
appropriate.
    These revisions are issued as a final rule as provided for in 5 
U.S.C. 553(a)(2) and 553(b)(3)(A) and (B) and (d)(1). The final rule 
does not impose additional burdens on any governmental entity or the 
public but significantly expands the opportunity for all parties to 
comment more readily on Forest Service policies set forth in Forest 
Service directives. These revisions maintain the public's right to 
participate in the formulation of internal standards, criteria, and 
guidelines and expands the options available to the Forest Service as 
it manages this procedural process. These revisions are intended to 
expand the public's awareness and ability to comment upon these 
directives.
    Since certain situations require implementation of standards, 
criteria, and guidelines applicable to Forest Service programs prior to 
completion of the public notice and comment process, this final rule 
continues to allow the use of interim directives that are effective 
upon publication. The same public participation process for proposed 
directives applies to interim directives.
    Use of the Forest Service website for providing notice and comment 
opportunities results in both expanded capacity and actual savings 
(estimated at $72,000-$110,000 over 10 years). The revision has many 
non-economic and non-quantifiable benefits. It will allow the Forest 
Service to reach a broader cross-section of the interested public when 
publishing notice of proposed directives, fostering robust public 
participation.
    The Forest Service solicited input from the public to inform the 
content of this final rule. These outreach efforts included direct 
engagements with State natural resource agencies, Federally-recognized 
Indian Tribes and Alaska Native Corporations, agencies within the 
Department of Agriculture (USDA), and other Federal land management 
agencies. In addition, the Forest Service published a Request for 
Information in the Federal Register, inviting interested members of the 
public to attend an informational webinar and to submit questions, 
comments, and suggestions to a dedicated agency email address (80 FR 
74740 (Nov. 30, 2015)).
    Collectively, the feedback provided in these conversations 
indicated broad support for the use of web-based technology, in 
addition to maintaining traditional, postal-based commenting, to 
improve public participation in the formulation of Forest Service 
directives. No outright opposition to this approach was expressed. 
Several stakeholder groups reiterated the importance of ensuring that 
the web platform used to facilitate the notice and comment process for 
Forest Service directives be accessible, reliable, and user-friendly.
    Several specific provisions were also suggested for inclusion in 
this final rule. For example, representatives from certain State 
agencies requested that the comment period for any directives involving 
an issue of overlapping State and Federal jurisdiction be at least 60 
days to provide States sufficient opportunity to explore the questions 
and formulate meaningful input. To support engagement of 
representatives of public agencies, as well as other communities of 
interest, the revised Part 216 notes that the Forest Service will 
maintain generally on a quarterly basis a schedule of pending and 
proposed directives in a centralized repository on the Forest Service 
website.
    In addition, several stakeholders asked that criteria be 
established to guide the Forest Service's determination as to whether 
point-by-point responses must be issued to individual comments or 
whether issuance of a single summary response to all timely and 
relevant comments is sufficient for a given directive. The Forest 
Service intends to provide a framework, consistent with the Office of 
Management and Budget's Good Guidance Practice Bulletin, for responding 
to comments through revision of the directives that will

[[Page 13648]]

include more detailed guidance on managing public notice and comment.
    For example, Agency response should reflect the nature of public 
comment provided; a high volume of very similar comments may need to be 
handled differently than a small number of very detailed comments. 
There may be situations where no comments are within the scope of the 
proposed policy so no Agency response is needed. The directives will 
ensure that the Agency's approach to responding to comments is 
consistent with FRRRPA requirements and supports transparency, public 
participation and collaboration. While the directives will provide a 
flexible approach to responding to comments, it should be noted that it 
is the Agency's intent that all comments received will be viewable 
through the Forest Service website.

Regulatory Certifications

Environmental Impact

    This final rule updates the process the Forest Service will use in 
implementing section 14(a) of the FRRRPA. Forest Service regulations at 
36 CFR 220.6(d)(2) exclude ``rules, regulations, or policies to 
establish service-wide administrative procedures, program processes, or 
instructions'' from documentation in an environmental assessment or 
environmental impact statement. The Department's assessment is that 
this final rule falls within this category of actions, and that no 
extraordinary circumstances exist that would require preparation of an 
environmental assessment or environmental impact statement.

Regulatory Impact

    This final rule has been reviewed under applicable USDA procedures, 
as well as Executive Order (E.O.) 12866 on regulatory planning and 
review. The Office of Management and Budget (OMB) has designated this 
rule to be significant based on its applicability to a wide segment of 
the public.
    This final rule is not subject to the requirements of E.O. 13771 
(82 FR 9339, February 3, 2017) because this final rule is related to 
agency organization, management or personnel. This final rule will have 
no costs to the public, and result in fiscal savings in the long-run. 
Cost savings will result from expected reductions in utilizing the 
Federal Register for publication; moreover, the final rule allows the 
Forest Service to expand its ability to provide notice and opportunity 
for public comment on directives by posting them on the Agency website, 
even as it reduces publication costs. The Agency estimates it spent 
nearly $39,000 over the last three years on the publication of 
directives in the Federal Register, whereas setting up an email 
subscription service will incur a one-time cost of $24,766. The new 
regulations will result in an annualized cost savings of between $7,431 
to $13,371 per year at 3%, and between $6,807 to $13,157 at 7% using 
the low and high ends of the three years of data on Federal Register 
costs and the annualized cost of CARA over 10 years of $2,904 at 3% and 
$3,528 at 7%.
    The Agency expects to recoup the costs associated with setting up 
the internal software that allows publications of such notices, and 
commenting functionality within 3-4 years and achieve significant long 
term savings, thereafter. Additional cost savings would be realized 
through improved staff efficiency in the time and effort required to 
review and issue directives. Details on the estimated cost savings of 
this final rule can be found in the rule's economic analysis.

Regulatory Flexibility Act

    This final rule has been considered in light of the Regulatory 
Flexibility Act (5 U.S.C. 601-612). The final rule updates the process 
used by the Forest Service in implementing section 14(a) of the FRRPRA 
with regard to the issuance of Forest Service Directives. This final 
rule will not have a significant economic impact on a substantial 
number of small entities as defined by the Act, because the Rule will 
not impose recordkeeping requirements on them. Neither will it affect 
small entities' competitive position in relation to large entities, nor 
would it not affect their cash flow, liquidity, or ability to remain in 
the market.

No Takings Implications

    This final rule has been analyzed in accordance with the principles 
and criteria contained in E.O. 12630. It has been determined that the 
rule would not pose a risk of a taking of private property.

Civil Justice Reform

    This final rule has been reviewed under E.O. 12988 on civil justice 
reform. Upon publication of the final rule, (1) all State and local 
laws and regulations that conflict with this Rule or impede its full 
implementation are preempted; (2) no retroactive effect is given to 
this Rule; and (3) no exhaustion of administrative proceedings before 
parties may file suit in court challenging its provisions is required.

Federalism and Consultation and Coordination With Indian Tribal 
Governments

    The Forest Service has considered this final rule under the 
requirements of E.O. 13132 on federalism, and has determined that the 
rule: Conforms with the principles of federalism set out in the E.O.; 
will not impose any compliance costs on the States; and will 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. This final rule has been considered under 
the requirements of E.O. 13175, Consultation and Coordination with 
Indian Tribal Governments. The Forest Service's Office of Tribal 
Relations has conducted the 120 day consultation period, which ended on 
May 31, 2016.
    Only one Tribe commented on this rule. The comment expressed 
support for expanding the public notification procedures through a 
centralized, internet-based schedule, and reiterated the desire of 
Tribes to receive early and meaningful consultation opportunities on 
applicable policy changes that are separate and distinct from the 
general public participation requirements. It recommended that Tribal 
consultation occur before notice and comment procedures are initiated 
to ensure the general public is commenting on polices that are not in 
conflict with Tribal interests.
    In response to these comments, the Forest Service reiterates its 
commitment to ensuring that consultation procedures are maintained 
according to existing authorities. This regulatory revision makes no 
change to any Tribal consultation policy. This revision seeks to update 
and expand outreach, engagement, and notice of changes to the 
Directives System; as such, the Forest Service is developing electronic 
engagement platforms, and it intends to link to the online Forest 
Service Tribal Relations Consultation Schedule whenever appropriate and 
practicable.

Energy Effects

    This final rule has been reviewed under E.O. 13211 of May 18, 2001, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. It has been determined that this rule does not 
constitute a significant energy action as defined in E.O. 13211.

[[Page 13649]]

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 final 
rule on State, local, and Tribal governments and the private sector. 
This rule will not compel the expenditure of $100 million or more by 
any State, local, or Tribal government, or any entity in the private 
sector. Therefore, a statement under section 202 of the Act is not 
required.

Controlling Paperwork Burdens on the Public

    This final rule does not contain any recordkeeping or reporting 
requirements or other information collection requirements as defined in 
5 CFR part 1320 that are not already required by law or are not already 
approved for use. Accordingly, the review provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501-3521), and its implementing 
regulations at 5 CFR part 1320, do not apply.

List of Subjects in 36 CFR Part 216

    Administrative practice and procedure, National Forests.

0
Therefore, for the reasons set out in the preamble, the Forest Service 
revises part 216 of title 36 of the Code of Federal Regulations to read 
as follows:

PART 216--PUBLIC NOTICE AND COMMENT FOR STANDARDS, CRITERIA, AND 
GUIDANCE APPLICABLE TO FOREST SERVICE PROGRAMS

Sec.
216.1 Purpose and scope.
216.2 Definition.
216.3 Notice and opportunity for public comment.
216.4 Interim directives.

    Authority: 16 U.S.C. 1612(a).


Sec.  216.1  Purpose and scope.

    (a) This part sets forth the process that the Forest Service will 
use to ensure adequate notice and an opportunity for comment from the 
public, Tribal, State and local governments, and other Federal agencies 
with respect to the formulation in Forest Service directives of 
standards, criteria, and guidelines applicable to Forest Service 
programs. Nothing in this Part restricts the Forest Service from 
providing additional public participation opportunities, including 
public hearings, where appropriate.
    (b) This part applies to the formulation in Forest Service 
directives of standards, criteria, and guidelines applicable to Forest 
Service programs. This part does not apply to Forest Service directives 
pertaining to law enforcement and investigations; personnel matters; 
procurement; administrative support activities such as budget and 
finance; business operations; and activities undertaken by the Forest 
Service on behalf of other Federal agencies. To the extent that any 
other part in this chapter of the Code of Federal Regulations requires 
greater opportunities for the public to participate with respect to 
policymaking or the issuance of directives than are required by this 
part, the other Part shall be controlling.


Sec.  216.2   Definition.

    Directive means the contents of the Forest Service Manual and 
Forest Service Handbooks issued by the Office of the Chief, as 
described at 36 CFR 200.4(c).


Sec.  216.3  Notice and an opportunity for public comment.

    (a) Prior to issuing a final directive subject to this part, the 
Forest Service shall:
    (1) Provide notice to the public of a proposed directive or interim 
directive and provide an opportunity to submit comments during a 
comment period of not less than 30 days in accordance with the 
requirements this section; and,
    (2) Review, consider and respond to timely comments received.
    (b) Notices and comments 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.
    (c) Notices of final directives shall be published on a schedule on 
the Forest Service website.


Sec.  216.4  Interim directives.

    Upon a finding of good cause that an exigency exists, an interim 
directive may be effective in advance of providing notice and an 
opportunity for public comment. As described in Sec.  216.3, 
opportunity will be given for public comment before the interim 
directive is made final. The basis for the determination that good 
cause exists for the issuance of an interim directive shall be 
published at the time the directive is issued.

    Dated: March 22, 2018.
Daniel James Jiron,
Acting Deputy Under Secretary, Natural Resources and Environment, USDA.
[FR Doc. 2018-06130 Filed 3-29-18; 8:45 am]
 BILLING CODE 3411-15-P



                                           13646               Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations

                                           supporting this determination is                           (2) To seek permission to enter or                 SUMMARY:    This final rule updates the
                                           available in the docket where indicated                 remain in the zone, unless moored or                  current regulations that establish
                                           under ADDRESSES.                                        anchored outside the main navigational                procedures for public participation in
                                                                                                   channel, contact the COTP or the                      the formulation of standards, criteria,
                                           G. Protest Activities
                                                                                                   COTP’s representative via VHF–FM                      and guidelines applicable to Forest
                                             The Coast Guard respects the First                    Channel 16. Those in the safety zone                  Service programs as required by the
                                           Amendment rights of protesters.                         must comply with all lawful orders or                 Forest and Rangeland Renewable
                                           Protesters are asked to contact the                     directions given to them by the COTP or               Resources Planning Act of 1974, as
                                           person listed in the FOR FURTHER                        the COTP’s designated representative.                 amended (FRRRPA). These revisions
                                           INFORMATION CONTACT section to                             (3) Vessels may transit the safety zone            will provide greater opportunity for
                                           coordinate protest activities so that your              described in paragraph (a)(2) of this                 public participation in the formulation
                                           message can be received without                         section if all of the following criteria are          of such standards, criteria, and
                                           jeopardizing the safety or security of                  met:                                                  guidelines by expanding and better
                                           people, places or vessels.                                 (i) Vessel shall maintain the minimum              defining the scope of policies subject to
                                           List of Subjects in 33 CFR Part 165                     safe speed to reduce wake and maintain                such review and utilizing technologies
                                                                                                   steerage.                                             for public engagement that were not
                                             Harbors, Marine Safety, Navigation                       (ii) Except towing vessels designated              available at the time of the last
                                           (water), Reporting and recordkeeping                    as assist tugs and operating in such                  amendment to these regulations in 1984.
                                           requirements, Security Measures,                        capacity, no vessel may meet, overtake                DATES: This rule is effective April 30,
                                           Waterways.                                              or otherwise pass another unmoored or                 2018. The Forest Service is publishing
                                             For the reasons discussed in the                      unanchored vessel within the safety                   this rule as a final rule with comment.
                                           preamble, the Coast Guard amends 33                     zone.                                                 The Forest Service will accept written
                                           CFR part 165 as follows:                                   (iii) Regardless of travel direction,              comments on this final rule until close
                                                                                                   vessels shall remain east of the                      of business May 29, 2018. See
                                           PART 165—REGULATED NAVIGATION                           centerline of the main navigation                     SUPPLEMENTARY INFORMATION for a
                                           AREAS AND LIMITED ACCESS AREAS                          channel. The centerline is depicted on                description of how the Forest Service
                                           ■ 1. The authority citation for part 165                U.S. Electronic Navigational Chart                    will respond to comments.
                                           continues to read as follows:                           US5PA12M and is a line drawn
                                                                                                                                                         ADDRESSES: Please submit comments via
                                                                                                   approximately from 39°53′39″ N,
                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                   one of the following methods:
                                                                                                   075°08′11″ W, thence north-northeast to
                                           33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                        1. Public participation portal
                                                                                                   approximate position 39°54′19″ N,
                                           Department of Homeland Security Delegation                                                                    (preferred): https://cara.ecosystem-
                                                                                                   075°07′54″ W, and thence north to
                                           No. 0170.1.                                                                                                   management.org/Public/
                                                                                                   approximate position 39°54′20″ N,
                                           ■ 2. Add § 165.T05–0246 to read as                                                                            CommentInput?project=ORMS-1893.
                                                                                                   075°07′54″ W.
                                           follows:                                                                                                         2. Mail: Office of Regulatory and
                                                                                                      (d) Enforcement. The U.S. Coast
                                                                                                                                                         Management Services, c/o Michael
                                           § 165.T05–0246 Safety Zones; Delaware                   Guard may be assisted in the patrol and
                                                                                                                                                         Migliori; USDA Forest Service, Mailstop
                                           River, Philadelphia, PA.                                enforcement of the safety zone by
                                                                                                                                                         1150, 1400 Independence Avenue SW,
                                              (a) Location. The following area is a                Federal, State, and local agencies.
                                                                                                                                                         Washington, DC 20250.
                                           safety zone: All navigable waters                          (e) Enforcement period. Enforcement
                                                                                                                                                            3. Email: directive_comments@
                                           bounded to the south by a line drawn                    of the safety zone will begin when the
                                                                                                                                                         fs.fed.us.
                                           from the southeast corner of Pier 124S                  M/V ZHEN HUA 16 arrives at berth at
                                                                                                                                                            4. Fax: 202–649–1161.
                                           at 39°53′42″ N, 075°08′20″ W, thence                    the Greenwich Terminal in
                                                                                                   Philadelphia, Pennsylvania and end 7                     All comments, including names and
                                           east-southeast to the New Jersey                                                                              addresses when provided, are placed in
                                           shoreline at 39°53′34″ N, 075°07′47″ W,                 days thereafter. The M/V ZHEN HUA 16
                                                                                                   is expected to arrive at berth sometime               the record and are available for public
                                           and bounded to the north by the                                                                               inspection and copying. The public may
                                           southernmost edge of the Walt Whitman                   between March 23rd and March 29th,
                                                                                                   2018.                                                 inspect comments received online via
                                           Bridge. These coordinates are based on                                                                        an online public reading room at
                                           the 1984 World Geodetic System (WGS                       Dated: March 22, 2018.                              https://cara.ecosystem-
                                           84).                                                    Scott E. Anderson,                                    management.org/Public/ReadingRoom
                                              (b) Definitions. As used in this                     Captain, U.S. Coast Guard, Captain of the             ?project=ORMS-1893, or at U.S. Forest
                                           section, designated representative                      Port Delaware Bay.                                    Service, Office of Management and
                                           means a Coast Guard Patrol                              [FR Doc. 2018–06395 Filed 3–29–18; 8:45 am]           Regulatory Services, 201 14th St. SW, 2
                                           Commander, including a Coast Guard                      BILLING CODE 9110–04–P                                Central, Washington, DC 20024.Visitors
                                           coxswain, petty officer, or other officer                                                                     are encouraged to call ahead to (202)
                                           operating a Coast Guard vessel and a                                                                          205–1475 to facilitate entry to the
                                           Federal, State, and local officer                                                                             building.
                                                                                                   DEPARTMENT OF AGRICULTURE
                                           designated by or assisting the Captain of
                                           the Port Delaware Bay (COTP) in the                                                                           FOR FURTHER INFORMATION CONTACT:
                                                                                                   Forest Service                                        Michael Migliori, Program Analyst,
                                           enforcement of the safety zone.
                                              (c) Regulations. (1) In accordance with                                                                    Directives and Regulations, Office of
                                                                                                   36 CFR Part 216                                       Regulatory and Management Services,
                                           the general safety zone regulations in
                                           subpart C of this part and except for as                RIN 0596–AC65                                         mmigliori@fs.fed.us, (202) 205–2496.
amozie on DSK30RV082PROD with RULES




                                           described in paragraph (c)(3) of this                                                                         Individuals who use telecommunication
                                           section, vessels may not enter, remain                  Forest Service Directives                             devices for the deaf may call the Federal
                                           in, or transit the safety zone described                                                                      Information Relay Service at (800) 877–
                                                                                                   AGENCY:Forest Service, USDA.
                                           in paragraph (a) of this section unless                                                                       8339 between 8 a.m. and 8 p.m., Eastern
                                                                                                         Final rule with request for
                                                                                                   ACTION:                                               Time, Monday through Friday.
                                           authorized by the COTP or the COTP’s
                                                                                                   comments.
                                           designated representative.                                                                                    SUPPLEMENTARY INFORMATION:



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                                                               Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations                                          13647

                                           Background and Explanation of the                       business operations; and activities                   the Forest Service to reach a broader
                                           Final Rule                                              undertaken by the Forest Service on                   cross-section of the interested public
                                             The Forest Service will consider                      behalf of other Federal agencies.                     when publishing notice of proposed
                                                                                                      The revision of part 216 will also                 directives, fostering robust public
                                           revising this rule based on public
                                                                                                   require the Forest Service to establish an            participation.
                                           comments received. If the Forest Service
                                                                                                   internet-based notice and comment                        The Forest Service solicited input
                                           determines that no changes to the rule
                                                                                                   system, as notice of proposed changes to              from the public to inform the content of
                                           are warranted, the Forest Service will
                                                                                                   directives will be posted on a Forest                 this final rule. These outreach efforts
                                           publish a notice affirming this final rule
                                                                                                   Service-administered schedule on the                  included direct engagements with State
                                           by September 26, 2018. If the Forest
                                                                                                   agency’s national website. While                      natural resource agencies, Federally-
                                           Service seeks to incorporate changes
                                                                                                   interim and final directives are available            recognized Indian Tribes and Alaska
                                           based on the public comments, the final
                                                                                                   to the public on the internet, revision of            Native Corporations, agencies within
                                           rule will be revised as appropriate.                    part 216 will allow the public to have                the Department of Agriculture (USDA),
                                             This final rule is promulgated
                                                                                                   notice of, and ready access to, proposed,             and other Federal land management
                                           pursuant to section 14(a) of the FRRRPA
                                                                                                   directives issued by the Forest Service.              agencies. In addition, the Forest Service
                                           (16 U.S.C. 1612(a)), which provides that
                                                                                                   By utilizing modern technology, the                   published a Request for Information in
                                           the Secretary, in exercising his authority              public will be presented with several                 the Federal Register, inviting interested
                                           [under the Act] and other laws                          options for submitting comments,                      members of the public to attend an
                                           applicable to the Forest Service, by                    including at least one electronic means               informational webinar and to submit
                                           regulation, shall establish procedures,                 of submittal such as email or through a               questions, comments, and suggestions to
                                           including public hearings where                         web form, as well as the traditional                  a dedicated agency email address (80 FR
                                           appropriate, to give the Federal, State,                means of submitting comments by post-                 74740 (Nov. 30, 2015)).
                                           and local governments and the public                    mailed letters. The process for                          Collectively, the feedback provided in
                                           adequate notice and an opportunity to                   submitting comments will be specified                 these conversations indicated broad
                                           comment upon the formulation of                         on the schedule. Several supplemental                 support for the use of web-based
                                           standards, criteria, and guidelines                     notification methods may also be                      technology, in addition to maintaining
                                           applicable to Forest Service programs.                  employed in order to communicate                      traditional, postal-based commenting, to
                                             This provision of law has been                        about such notice to a broader segment                improve public participation in the
                                           implemented through 36 CFR part 216,                    of the public, including publishing                   formulation of Forest Service directives.
                                           published on April 23, 1984. The                        notices of proposed, interim, and final               No outright opposition to this approach
                                           purpose of that provision is to ensure                  directives in the Federal Register,                   was expressed. Several stakeholder
                                           that Federal, State, and local                          issuing press releases, or holding public             groups reiterated the importance of
                                           governments and the public have                         meetings. Other similar processes could               ensuring that the web platform used to
                                           adequate notice and opportunity to                      also be utilized when appropriate.                    facilitate the notice and comment
                                           comment upon the formulation of                            These revisions are issued as a final              process for Forest Service directives be
                                           standards, criteria, and guidelines                     rule as provided for in 5 U.S.C. 553(a)(2)            accessible, reliable, and user-friendly.
                                           applicable to Forest Service programs.                  and 553(b)(3)(A) and (B) and (d)(1). The                 Several specific provisions were also
                                             Currently, 36 CFR part 216 only                       final rule does not impose additional                 suggested for inclusion in this final rule.
                                           applies to directives published in the                  burdens on any governmental entity or                 For example, representatives from
                                           Forest Service Manual, which are                        the public but significantly expands the              certain State agencies requested that the
                                           policies and guidance for Forest Service                opportunity for all parties to comment                comment period for any directives
                                           staff. Part 216 reflects an Agency                      more readily on Forest Service policies               involving an issue of overlapping State
                                           assumption that the Forest Service                      set forth in Forest Service directives.               and Federal jurisdiction be at least 60
                                           Handbook—which contains detailed                        These revisions maintain the public’s                 days to provide States sufficient
                                           instructions on how to implement the                    right to participate in the formulation of            opportunity to explore the questions
                                           Forest Service Manual—is                                internal standards, criteria, and                     and formulate meaningful input. To
                                           administrative or technical in nature,                  guidelines and expands the options                    support engagement of representatives
                                           and does not include standards, criteria                available to the Forest Service as it                 of public agencies, as well as other
                                           or guidelines. Over the past three                      manages this procedural process. These                communities of interest, the revised Part
                                           decades, however, the complexity of                     revisions are intended to expand the                  216 notes that the Forest Service will
                                           management of the National Forest                       public’s awareness and ability to                     maintain generally on a quarterly basis
                                           System (NFS) has increased, and the                     comment upon these directives.                        a schedule of pending and proposed
                                           Agency has realized that the Forest                        Since certain situations require                   directives in a centralized repository on
                                           Service Handbook may contain                            implementation of standards, criteria,                the Forest Service website.
                                           directives subject to the notice and                    and guidelines applicable to Forest                      In addition, several stakeholders
                                           comment requirements of section 14(a)                   Service programs prior to completion of               asked that criteria be established to
                                           of FRRRPA.                                              the public notice and comment process,                guide the Forest Service’s determination
                                             This final rule revises part 216 to                   this final rule continues to allow the use            as to whether point-by-point responses
                                           require public notice and comment on                    of interim directives that are effective              must be issued to individual comments
                                           the formulation of standards, criteria or               upon publication. The same public                     or whether issuance of a single
                                           guidelines applicable to Forest Service                 participation process for proposed                    summary response to all timely and
                                           programs, regardless of whether they are                directives applies to interim directives.             relevant comments is sufficient for a
                                           published in the Forest Service Manual                     Use of the Forest Service website for              given directive. The Forest Service
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                                           or Handbook. The part 216 requirements                  providing notice and comment                          intends to provide a framework,
                                           would not apply to Forest Service                       opportunities results in both expanded                consistent with the Office of
                                           directives pertaining to law enforcement                capacity and actual savings (estimated                Management and Budget’s Good
                                           and investigations; personnel matters;                  at $72,000–$110,000 over 10 years). The               Guidance Practice Bulletin, for
                                           procurement; administrative support                     revision has many non-economic and                    responding to comments through
                                           activities such as budget and finance;                  non-quantifiable benefits. It will allow              revision of the directives that will


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                                           13648               Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations

                                           include more detailed guidance on                       Agency estimates it spent nearly                      Federalism and Consultation and
                                           managing public notice and comment.                     $39,000 over the last three years on the              Coordination With Indian Tribal
                                              For example, Agency response should                  publication of directives in the Federal              Governments
                                           reflect the nature of public comment                    Register, whereas setting up an email
                                           provided; a high volume of very similar                 subscription service will incur a one-                   The Forest Service has considered
                                           comments may need to be handled                         time cost of $24,766. The new                         this final rule under the requirements of
                                           differently than a small number of very                 regulations will result in an annualized              E.O. 13132 on federalism, and has
                                           detailed comments. There may be                         cost savings of between $7,431 to                     determined that the rule: Conforms with
                                           situations where no comments are                        $13,371 per year at 3%, and between                   the principles of federalism set out in
                                           within the scope of the proposed policy                 $6,807 to $13,157 at 7% using the low                 the E.O.; will not impose any
                                           so no Agency response is needed. The                    and high ends of the three years of data              compliance costs on the States; and will
                                           directives will ensure that the Agency’s                on Federal Register costs and the                     not have substantial direct effects on the
                                           approach to responding to comments is                   annualized cost of CARA over 10 years                 States, the relationship between the
                                           consistent with FRRRPA requirements                     of $2,904 at 3% and $3,528 at 7%.                     Federal Government and the States, or
                                           and supports transparency, public                                                                             the distribution of power and
                                                                                                     The Agency expects to recoup the                    responsibilities among the various
                                           participation and collaboration. While                  costs associated with setting up the
                                           the directives will provide a flexible                                                                        levels of government. Therefore, the
                                                                                                   internal software that allows                         Agency, has determined that no further
                                           approach to responding to comments, it                  publications of such notices, and
                                           should be noted that it is the Agency’s                                                                       assessment of federalism implications is
                                                                                                   commenting functionality within 3–4                   necessary. This final rule has been
                                           intent that all comments received will                  years and achieve significant long term
                                           be viewable through the Forest Service                                                                        considered under the requirements of
                                                                                                   savings, thereafter. Additional cost                  E.O. 13175, Consultation and
                                           website.                                                savings would be realized through                     Coordination with Indian Tribal
                                           Regulatory Certifications                               improved staff efficiency in the time                 Governments. The Forest Service’s
                                                                                                   and effort required to review and issue               Office of Tribal Relations has conducted
                                           Environmental Impact                                    directives. Details on the estimated cost             the 120 day consultation period, which
                                              This final rule updates the process the              savings of this final rule can be found               ended on May 31, 2016.
                                           Forest Service will use in implementing                 in the rule’s economic analysis.
                                                                                                                                                            Only one Tribe commented on this
                                           section 14(a) of the FRRRPA. Forest
                                                                                                   Regulatory Flexibility Act                            rule. The comment expressed support
                                           Service regulations at 36 CFR
                                                                                                                                                         for expanding the public notification
                                           220.6(d)(2) exclude ‘‘rules, regulations,                  This final rule has been considered in             procedures through a centralized,
                                           or policies to establish service-wide                   light of the Regulatory Flexibility Act (5            internet-based schedule, and reiterated
                                           administrative procedures, program                      U.S.C. 601–612). The final rule updates               the desire of Tribes to receive early and
                                           processes, or instructions’’ from                       the process used by the Forest Service                meaningful consultation opportunities
                                           documentation in an environmental                       in implementing section 14(a) of the                  on applicable policy changes that are
                                           assessment or environmental impact                      FRRPRA with regard to the issuance of                 separate and distinct from the general
                                           statement. The Department’s assessment                  Forest Service Directives. This final rule            public participation requirements. It
                                           is that this final rule falls within this               will not have a significant economic                  recommended that Tribal consultation
                                           category of actions, and that no                        impact on a substantial number of small               occur before notice and comment
                                           extraordinary circumstances exist that                  entities as defined by the Act, because               procedures are initiated to ensure the
                                           would require preparation of an                         the Rule will not impose recordkeeping                general public is commenting on polices
                                           environmental assessment or                             requirements on them. Neither will it                 that are not in conflict with Tribal
                                           environmental impact statement.                         affect small entities’ competitive                    interests.
                                           Regulatory Impact                                       position in relation to large entities, nor
                                                                                                                                                            In response to these comments, the
                                                                                                   would it not affect their cash flow,
                                              This final rule has been reviewed                                                                          Forest Service reiterates its commitment
                                                                                                   liquidity, or ability to remain in the
                                           under applicable USDA procedures, as                                                                          to ensuring that consultation procedures
                                                                                                   market.
                                           well as Executive Order (E.O.) 12866 on                                                                       are maintained according to existing
                                           regulatory planning and review. The                     No Takings Implications                               authorities. This regulatory revision
                                           Office of Management and Budget                                                                               makes no change to any Tribal
                                           (OMB) has designated this rule to be                      This final rule has been analyzed in                consultation policy. This revision seeks
                                           significant based on its applicability to               accordance with the principles and                    to update and expand outreach,
                                           a wide segment of the public.                           criteria contained in E.O. 12630. It has              engagement, and notice of changes to
                                              This final rule is not subject to the                been determined that the rule would not               the Directives System; as such, the
                                           requirements of E.O. 13771 (82 FR 9339,                 pose a risk of a taking of private                    Forest Service is developing electronic
                                           February 3, 2017) because this final rule               property.                                             engagement platforms, and it intends to
                                           is related to agency organization,                      Civil Justice Reform                                  link to the online Forest Service Tribal
                                           management or personnel. This final                                                                           Relations Consultation Schedule
                                           rule will have no costs to the public,                     This final rule has been reviewed                  whenever appropriate and practicable.
                                           and result in fiscal savings in the long-               under E.O. 12988 on civil justice reform.             Energy Effects
                                           run. Cost savings will result from                      Upon publication of the final rule, (1)
                                           expected reductions in utilizing the                    all State and local laws and regulations                This final rule has been reviewed
                                           Federal Register for publication;                       that conflict with this Rule or impede its            under E.O. 13211 of May 18, 2001,
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                                           moreover, the final rule allows the                     full implementation are preempted; (2)                Actions Concerning Regulations That
                                           Forest Service to expand its ability to                 no retroactive effect is given to this                Significantly Affect Energy Supply,
                                           provide notice and opportunity for                      Rule; and (3) no exhaustion of                        Distribution, or Use. It has been
                                           public comment on directives by                         administrative proceedings before                     determined that this rule does not
                                           posting them on the Agency website,                     parties may file suit in court challenging            constitute a significant energy action as
                                           even as it reduces publication costs. The               its provisions is required.                           defined in E.O. 13211.


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                                                               Federal Register / Vol. 83, No. 62 / Friday, March 30, 2018 / Rules and Regulations                                               13649

                                           Unfunded Mandates                                       Service directives pertaining to law                    Dated: March 22, 2018.
                                             Pursuant to Title II of the Unfunded                  enforcement and investigations;                       Daniel James Jiron,
                                           Mandates Reform Act of 1995 (2 U.S.C.                   personnel matters; procurement;                       Acting Deputy Under Secretary, Natural
                                           1531–1538), the Agency has assessed                     administrative support activities such as             Resources and Environment, USDA.
                                           the effects of this final rule on State,                budget and finance; business operations;              [FR Doc. 2018–06130 Filed 3–29–18; 8:45 am]
                                           local, and Tribal governments and the                   and activities undertaken by the Forest               BILLING CODE 3411–15–P
                                           private sector. This rule will not compel               Service on behalf of other Federal
                                           the expenditure of $100 million or more                 agencies. To the extent that any other
                                           by any State, local, or Tribal                          part in this chapter of the Code of                   AMERICAN BATTLE MONUMENTS
                                           government, or any entity in the private                Federal Regulations requires greater                  COMMISSION
                                           sector. Therefore, a statement under                    opportunities for the public to
                                           section 202 of the Act is not required.                 participate with respect to policymaking              36 CFR Part 407
                                           Controlling Paperwork Burdens on the                    or the issuance of directives than are                RIN 3263–AA00
                                           Public                                                  required by this part, the other Part shall
                                                                                                   be controlling.                                       ABMC Privacy Program
                                             This final rule does not contain any
                                           recordkeeping or reporting requirements                 § 216.2   Definition.                                 AGENCY:  American Battle Monuments
                                           or other information collection                                                                               Commission.
                                                                                                     Directive means the contents of the                 ACTION: Final rule.
                                           requirements as defined in 5 CFR part
                                           1320 that are not already required by                   Forest Service Manual and Forest
                                                                                                   Service Handbooks issued by the Office                SUMMARY:    This rule provides guidance
                                           law or are not already approved for use.                                                                      and assigns responsibility for the
                                           Accordingly, the review provisions of                   of the Chief, as described at 36 CFR
                                                                                                   200.4(c).                                             privacy program under the American
                                           the Paperwork Reduction Act of 1995                                                                           Battle Monuments Commission (ABMC)
                                           (44 U.S.C. 3501–3521), and its                          § 216.3 Notice and an opportunity for                 pursuant to the Privacy Act of 1974 and
                                           implementing regulations at 5 CFR part                  public comment.                                       applicable Office of Management Budget
                                           1320, do not apply.                                                                                           (OMB) guidance.
                                                                                                     (a) Prior to issuing a final directive
                                           List of Subjects in 36 CFR Part 216                     subject to this part, the Forest Service              DATES: This rule is effective April 30,
                                             Administrative practice and                           shall:                                                2018.
                                           procedure, National Forests.                              (1) Provide notice to the public of a               FOR FURTHER INFORMATION CONTACT:
                                           ■ Therefore, for the reasons set out in                 proposed directive or interim directive               Edwin L. Fountain, General Counsel,
                                           the preamble, the Forest Service revises                and provide an opportunity to submit                  American Battle Monuments
                                           part 216 of title 36 of the Code of                                                                           Commission, 2300 Clarendon
                                                                                                   comments during a comment period of
                                           Federal Regulations to read as follows:                                                                       Boulevard, Suite 500, Arlington, VA
                                                                                                   not less than 30 days in accordance with
                                                                                                                                                         22201, 703–696–6907, fountaine@
                                           PART 216—PUBLIC NOTICE AND                              the requirements this section; and,                   abmc.gov.
                                           COMMENT FOR STANDARDS,                                    (2) Review, consider and respond to
                                                                                                                                                         SUPPLEMENTARY INFORMATION: The
                                           CRITERIA, AND GUIDANCE                                  timely comments received.                             authority for this rulemaking is 5 U.S.C.
                                           APPLICABLE TO FOREST SERVICE                              (b) Notices and comments required by                552a, the Privacy Act of 1974, as
                                           PROGRAMS                                                paragraph (a) of this section shall:                  amended, which requires the
                                           Sec.                                                      (1) Be published on a schedule for                  implementation of the Act by Federal
                                           216.1 Purpose and scope.                                proposed directives and interim                       agencies.
                                           216.2 Definition.                                       directives maintained by the Forest                      This action ensures that ABMC’s
                                           216.3 Notice and opportunity for public
                                                                                                   Service in a centralized repository on                collection, use, maintenance, or
                                                comment.                                                                                                 dissemination of information about
                                           216.4 Interim directives.                               the Forest Service website.
                                                                                                                                                         individuals for purposes of discharging
                                              Authority: 16 U.S.C. 1612(a).                          (2) Provide a physical mailing address              its statutory responsibilities will be
                                                                                                   and an internet address or similar                    performed in accordance with the
                                           § 216.1   Purpose and scope.                            online resource for submitting                        Privacy Act of 1974 and applicable
                                             (a) This part sets forth the process that             comments.                                             OMB guidance. This rule:
                                           the Forest Service will use to ensure                     (c) Notices of final directives shall be               • Establishes rules of conduct for
                                           adequate notice and an opportunity for                  published on a schedule on the Forest                 ABMC personnel and ABMC contractors
                                           comment from the public, Tribal, State                  Service website.                                      involved in the design, development,
                                           and local governments, and other                                                                              operation, or maintenance of any system
                                           Federal agencies with respect to the                    § 216.4   Interim directives.                         of records.
                                           formulation in Forest Service directives                                                                         • Establishes appropriate
                                           of standards, criteria, and guidelines                    Upon a finding of good cause that an                administrative, technical, and physical
                                           applicable to Forest Service programs.                  exigency exists, an interim directive                 safeguards to ensure the security and
                                           Nothing in this Part restricts the Forest               may be effective in advance of providing              confidentiality of records and to protect
                                           Service from providing additional                       notice and an opportunity for public                  against any anticipated threats or
                                           public participation opportunities,                     comment. As described in § 216.3,                     hazards to their security or integrity that
                                           including public hearings, where                        opportunity will be given for public                  could result in substantial harm,
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                                           appropriate.                                            comment before the interim directive is               embarrassment, inconvenience, or
                                             (b) This part applies to the                          made final. The basis for the                         unfairness to any individual about
                                           formulation in Forest Service directives                determination that good cause exists for              whom information is maintained.
                                           of standards, criteria, and guidelines                  the issuance of an interim directive                     • Ensures that guidance, assistance,
                                           applicable to Forest Service programs.                  shall be published at the time the                    and subject matter expert support are
                                           This part does not apply to Forest                      directive is issued.                                  provided ABMC staff, contractors and


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Document Created: 2018-11-01 08:57:46
Document Modified: 2018-11-01 08:57:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule with request for comments.
DatesThis rule is effective April 30, 2018. The Forest Service is publishing this rule as a final rule with comment. The Forest Service will accept written comments on this final rule until close of business May 29, 2018. See SUPPLEMENTARY INFORMATION for a description of how the Forest Service will respond to comments.
ContactMichael 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 a.m. and 8 p.m., Eastern Time, Monday through Friday.
FR Citation83 FR 13646 
RIN Number0596-AC65
CFR AssociatedAdministrative Practice and Procedure and National Forests

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