Rule2021-25947
National Forest System Land Management Planning; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 1, 2021
Effective
December 1, 2021
Issuing agencies
Agriculture DepartmentForest Service
Abstract
This document makes technical corrections to Forest Service regulations regarding National Forest System land management planning. The correction reinstates paragraphs that were inadvertently removed from a final rule published on December 15, 2016.
Full Text
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<title>Federal Register, Volume 86 Issue 228 (Wednesday, December 1, 2021)</title>
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[Federal Register Volume 86, Number 228 (Wednesday, December 1, 2021)]
[Rules and Regulations]
[Pages 68149-68150]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25947]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 219
RIN 0596-AD28
National Forest System Land Management Planning; Correction
AGENCY: Forest Service, Agriculture (USDA).
ACTION: Technical correction.
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SUMMARY: This document makes technical corrections to Forest Service
regulations regarding National Forest System land management planning.
The correction reinstates paragraphs that were inadvertently removed
from a final rule published on December 15, 2016.
DATES: This correction is effective December 1, 2021.
ADDRESSES: Written inquiries about this correction may be sent to the
Director, Ecosystem Management Coordination Staff, USDA Forest Service,
1400 Independence Ave. SW, Mailstop Code 1104, Washington, DC 20250-
1104.
FOR FURTHER INFORMATION CONTACT: Ecosystem Management Coordination
Staff's Planning Specialist Nick DiProfio at (202) 253-0640 or by email
at <a href="/cdn-cgi/l/email-protection#77191e141f181b160459131e070518111e18370204131659101801"><span class="__cf_email__" data-cfemail="345a5d575c5b5855471a505d44465b525d5b74414750551a535b42">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
On December 15, 2016 (81 FR 90723), the United States Department of
Agriculture (Department) published a final rule to amend 36 CFR part
219 (the planning rule) clarifying the direction for plan amendments,
and to correct Sec. 219.11(d)(4). The intent of the final rule was to
reinstate paragraph (d)(4) in its entirety. The paragraph establishes
maximum size openings for even aged harvests which the National Forest
Management Act requires (16 U.S.C. 1604 (g)(3)(F)(iv)). Reinstatement
of the paragraph was necessary because a sentence that had been
included in the paragraph when the rule was issued on April 9, 2012,
was inadvertently removed when correcting amendments were made in July
2012 (compare the rule text as set out on April 9, 2012, and July 27,
2012: 77 FR 21260, 21266 and 77 FR 44144, 44145).
However, the December 15, 2016, rule to reinstate the entire
paragraph failed to maintain paragraphs (d)(4)(i), (ii), and (iii) as
part of Sec. 219.11(d)(4).
Need for Correction
To ensure that Sec. 219.11 is complete, as it was set out when the
planning rule was issued in 2012, the Department is issuing a technical
correction to Sec. 219.11(d)(4)(i) through (iii) of the planning rule.
List of Subjects in 36 CFR Part 219
Administrative practice and procedure, Environmental impact
statements, Indians, Intergovernmental relations, National forests,
Reporting and recordkeeping requirements, Science and technology.
Accordingly, 36 CFR part 219 is corrected by making the following
correcting amendment:
PART 219--PLANNING
0
1. The authority citation for part 219 continues to read as follows:
Authority: 5 U.S.C. 301; 16 U.S.C. 1604, 1613.
Subpart A--National Forest System Land Management Planning
0
2. Amend Sec. 219.11 by revising paragraph (d)(4) to read as follows:
Sec. 219.11 Timber requirements based on the NFMA.
* * * * *
(d) * * *
(4) Where plan components will allow clearcutting, seed tree
cutting, shelterwood cutting, or other cuts designed to regenerate an
even-aged stand of timber, the plan must include standards limiting the
maximum size for openings that may be cut in one harvest operation,
according to geographic areas, forest types, or other suitable
classifications. Except as provided in paragraphs (d)(4)(i) through
(iii) of this section, this limit may not exceed 60 acres for the
Douglas-fir forest type of California, Oregon, and Washington; 80 acres
for the southern yellow pine types of Alabama, Arkansas, Georgia,
Florida, Louisiana, Mississippi, North Carolina, South Carolina,
Oklahoma, and Texas; 100 acres for the hemlock-Sitka spruce forest type
of coastal Alaska; and 40 acres for all other forest types.
(i) Plan standards may allow for openings larger than those
specified in
[[Page 68150]]
paragraph (d)(4) of this section to be cut in one harvest operation
where the responsible official determines that larger harvest openings
are necessary to help achieve desired ecological conditions in the plan
area. If so, standards for exceptions shall include the particular
conditions under which the larger size is permitted and must set a
maximum size permitted under those conditions.
(ii) Plan components may allow for size limits exceeding those
established in paragraphs (d)(4) introductory text and (d)(4)(i) of
this section on an individual timber sale basis after 60 days public
notice and review by the regional forester.
(iii) The plan maximum size for openings to be cut in one harvest
operation shall not apply to the size of openings harvested as a result
of natural catastrophic conditions such as fire, insect and disease
attack, or windstorm (16 U.S.C. 1604(g)(3)(F)(iv)).
* * * * *
Dated: November 23, 2021.
Meryl Harrell,
Deputy Under Secretary, Natural Resources & Environment.
[FR Doc. 2021-25947 Filed 11-30-21; 8:45 am]
BILLING CODE 3411-15-P
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