[Federal Register Volume 70, Number 160 (Friday, August 19, 2005)]
[Notices]
[Pages 48663-48665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16493]
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DEPARTMENT OF AGRICULTURE
Forest Service
RIN 0596-AC12
Grazing Permit Administration Handbook (FSH 2209.13), Chapters 10
(Term Grazing Permits) and 20 (Grazing Agreements)
AGENCY: Forest Service, USDA Forest Service.
ACTION: Notice; request for comment.
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SUMMARY: On July 19, 2005, the Forest Service published a notice in the
Federal Register with request for comment on the issuance of two
interim directives (IDs) to Forest Service Handbook (FSH) 2209.13,
chapter 10--Term Grazing Permits and chapter 20--Grazing Agreements.
These IDs established procedures and responsibilities for administering
term grazing permits and grazing agreements (FR 70 41370). On that same
day, several other amendments to FSH 2209.13, as well as amendments to
several chapters of Forest Service Manual (FSM) 2200 on Range
Management were issued. The Forest Service has decided to rescind the
IDs and reissue revised IDs. In addition, the Forest Service has
prepared proposed directives containing the direction removed from the
above mentioned IDs. Public comment is invited and will be considered
in development of the final directives. Public comments received on the
earlier ID's will also be considered.
DATES: Interim Directive no. 2209.13-2005-4 (Chapter 10); and Interim
Directive no. 2209.13-2005-5 (Chapter 20) were effective August 16,
2005. Comments on the interim directives and the proposed directives
must be received in writing by December 19, 2005.
ADDRESSES: Interim Directive no. 2209.13-2005-4 (Chapter 10); and
Interim Directive no. 2209.13-2005-5 (Chapter 20) are available on the
World Wide Web/Internet at http://www/fs/fed/us/im/directives. The
proposed directives can be found on the Forest Service's Rangeland
Management Web site at http://www/fs/fed/us/rangelands. Paper copies
can be requested by writing to the USDA Forest Service, Attn: Director,
Rangeland Management Staff, Mail Stop 1103, 1400 Independence Ave.,
SW., Washington,
[[Page 48664]]
DC 20250-1153. Also send written comments by mail to that same address;
by electronic mail to [email protected]; or by facsimile to (202) 205-
1096. If comments are sent by electronic means or by facsimile, the
public is requested not to send duplicate comments via regular mail.
All comments, including names and addresses when provided, are
placed in the record and available for public inspection and copying.
The agency cannot confirm receipt of comments.
The public may inspect comments received on these proposed
directives in the Rangeland Management Staff, 3rd Floor, South Wing,
Yates Building, 14th and Independence Avenues, Southwest, Washington,
DC, between the hours of 8:30 a.m. and 4 p.m. Those wishing to inspect
comments are encouraged to call ahead to (202) 205-1460 to facilitate
entry into the building.
FOR FURTHER INFORMATION CONTACT: Ralph Giffen, Rangeland Management
Staff, USDA Forest Service, (202) 205-1455.
SUPPLEMENTARY INFORMATION: The last substantive amendments to the
Forest Service Manual (FSM 2200) for Rangeland Management and Grazing
Permit Administration Handbook (FSH 2209.13) were made in 1985.
Clarifications and adjustments in policy are necessary to respond to
changing needs of both the Forest Service and the livestock industry.
Therefore, the Forest Service issued directive amendments to 14
chapters and interim directives to 2 chapters in FSM 2200 and FSH
2209.13 to ensure the agency is both current and consistent in working
with grazing permittees in all Forest Service regions. The Office of
Management and Budget (OMB) determined that none of changes in the
chapters were significant. The Range Management regulations at 36 CFR
part 222 were not changed.
Regulatory Certifications
Regulatory Impact
This notice has been reviewed under USDA procedures and Executive
Order (E.O.) 12866, Regulatory Planning and Review. The Office of
Management and Budget (OMB) has determined that it is substantive,
nonsignificant. The directives would not have an annual effect of $100
million or more on the economy nor adversely affect productivity,
competition, jobs, the environment, public health or safety, nor State
or local governments. The directives would not interfere with an action
taken or planned by another agency nor raise new legal or policy
issues. Finally, the directives would not alter the budgetary impact on
entitlements, grants, user fees, or loan programs or the rights and
obligations of recipients of such programs.
Moreover, the directives have been considered in light of Executive
Order 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.). No
direct or indirect financial impact on small businesses or other
entities has been identified. Therefore, it is hereby certified that
these directives will not have a significant economic impact on a
substantial number of small entities as defined by this act.
Environmental Impact
These directives provide detailed direction to agency employees
necessary to administer term grazing permits and grazing agreements.
Section 31.12 of Forest Service Handbook 1909.15 (57 FR 43208;
September 18, 1992) excludes 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's conclusion is that these directives fall
within this category of actions and that no extraordinary circumstances
exist as currently defined that require preparation of an environmental
assessment or an environmental impact statement.
No Takings Implications
These directives have been analyzed in accordance with the
principles and criteria contained in Executive Order 12360,
Governmental Actions and Interference with Constitutionally Protected
Property Rights, and it has been determined that they would not pose
the risk of a taking of private property as they are limited to the
establishment of administrative procedures.
Energy Effects
These directives have been analyzed under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. It has been determined that they do not
constitute a significant energy action as defined in the Executive
order.
Civil Justice Reform
These directives have been reviewed under Executive Order 12988,
Civil Justice Reform. These directives will direct the work of Forest
Service employees and are not intended to preempt any State and local
laws and regulations that might be in conflict or that would impede
full implementation of these directives. The directives would not
retroactively affect existing permits, contracts, or other instruments
authorizing the occupancy and use of National Forest System lands and
would not require the institution of administrative proceedings before
parties may file suit in court challenging their provisions.
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), which the President signed into law on March 22,
1995, the effects of these directives on State, local, and tribal
governments, and on the private sector have been assessed and do 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.
Federalism
The agency has considered these directives under the requirements
of Executive Order 13132, Federalism. The agency has made a preliminary
assessment that the directives conform with the federalism principles
set out in this Executive order; would not impose any significant
compliance costs on the States; and would not have substantial direct
effects on the States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. Moreover,
these directives address term grazing permits and grazing agreements on
national forests and grasslands, which do not directly affect the
States. Based on comments received on these directives, the agency will
consider if any additional consultation will be needed with State and
local governments prior to adopting final directives.
Consultation and Coordination With Indian Tribal Governments
These directives do not have tribal implications as defined by
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, and therefore, advance consultation with Tribes is not
required.
Controlling Paperwork Burdens on the Public
These directives do not contain any record keeping or reporting
requirements or other information collection requirements as defined in
5 CFR part 1320 and, therefore, impose no paperwork burden on the
public.
[[Page 48665]]
Accordingly, the review provisions of the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.) and implementing regulations at 5 CFR
part 1320 do not apply.
Conclusion
The Forest Service is committed to providing adequate opportunities
for the public to comment on administrative directives that are of
substantial public interest or controversy, as provided in the
regulations at 36 CFR part 216. Because it is important to provide
Forest Service units with updated guidance and direction in a
comprehensive integrated package, the agency issued the ID's on August
16, 2005, making them effective immediately. However, pursuant to 36
CFR 216.7, the Forest Service is also requesting public comment on the
ID's along with the proposed directives.
All comments will be considered in the development of final
directives.
Paper copies are available upon request from the address and phone
numbers listed in the ADDRESSES section of this notice, as well as from
the nearest Regional Office, the location of which are also available
on the Washington Office headquarters home page on the World Wide Web
at http://www.fs.fed.us.
Dated: August 16, 2005.
Sally D. Collins,
Associate Chief of the Forest Service.
[FR Doc. 05-16493 Filed 8-18-05; 8:45 am]
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