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USDA/FS RIN: 0596-AC30 Publication ID: Fall 2008 
Title: Clarifying Prohibitions Against Damage to the National Forest by Escaped Fires 
Abstract: The Forest Service amends 36 CFR 261.1, 261.2, and 261.5 to clarify that strict liability will be applied to a person who commits a prohibited action under section 261 that results in a fire escaping and damaging or threatening National Forest System lands. In addition, the CFR is amended to clarify that a person conducting a legitimate prescribed fire on private or public lands adjacent to National Forest System Lands will be subject to the Model Penal Code standard of negligence. This will bring the law enforcement action in line with the objectives and goals of the National Fire Plan and the Healthy Forest Initiative by assuring those who conduct those activities with due diligence that they will not be subject to a strict liability interpretation in 36 CFR 261.5. The comment period has ended following publication of the proposed rule in the Federal Register. Two comments in support of this clarification were received and will be considered in the publication of the Final Rule. Based on the two comments, no changes will be made to the proposed rule. Justification for Proposed Action (Market Failure or Other Problem Addressed, Objectives, Alternatives, Expected Results): These sections of 36 CFR 261 have not been interpreted consistently in the courts. We intend to achieve consistency in application and interpretation by amending the CFR to align with the Model Penal Code definitions of criminal intent. 
Agency: Department of Agriculture(USDA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 36 CFR 261.1    36 CFR 261.2    36 CFR 261.5   
Legal Authority: 16 USC 551   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  04/02/2007  72 FR 15641   
NPRM Comment Period End  06/01/2007    
Final Action  05/27/2008  73 FR 30305   
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Lorrie Parker
Regulatory Analyst
Department of Agriculture
Forest Service
ATTN: ORMS, D&R Branch, 1400 Independence Avenue SW,
Washington, DC 20250-0003
Phone:202 205-6560
Fax:202 260-6539
Email: lsparker@fs.fed.us