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USDA/FS RIN: 0596-AC76 Publication ID: Fall 2009 
Title: Law Enforcement Prohibitions  
Abstract: Description of Proposed Action: On February 16, 1994, the Forest Service published a proposed rule amending 36 CFR part 261 and 262 (59 FR 7880). Comments received on the 1994 proposed rule were considered in this proposed rule to part 261. In addition to the issues raised in 1994, the Forest Service reviewed 36 CFR part 261 as part of the regulatory reinvention effort to determine the rule’s applicability in view of changing laws, resource conditions, evolving public safety issues, and other factors affecting management of National Forest System lands. This proposed rule change plans to clarify and move regulations currently located in 36 CFR part 261, subpart B to subpart A regarding the possession of controlled substances, State alcohol prohibitions, and the operation of motor vehicles on National Forest System roads and trails. In addition, the penalty portion of 36 CFR part 261.1b will be corrected to reflect current Federal sentencing guidelines for fine amounts pursuant to title 18 United States Code 3571, establish some additional definitions for clarification, and make minor technical corrections in subpart A. Justification for Proposed Action (Market Failure or Other Problem Addressed, Objectives, Alternatives, Expected Results): Evolving demographics, increased visitor use, and corresponding public safety issues require regulatory enforcement be readily at the disposal and deployment of the Forest Service to help ensure a safe and quality environment for all visitors. Currently, Forests and Districts incur time, process, and renewal constraints to enforce the primary public safety issues under 36 CFR subpart B guidelines, within the scope of Special Orders. By clarifying and moving these public safety regulations to 36 CFR part 261, subpart A, they will become permanent and available at all operating levels and eliminate the need for continual renewal. Subpart B Special Orders are normally intended to temporarily address an enforcement issue. The proposed rule would clarify and move several existing prohibitions currently located in 36 CFR part 261, subpart B, and relegate them to 36 CFR subpart A. The Forest Service is publishing in the Federal Register for notice and comment, proposed changes to the prohibitions at 36 CFR part 261, subparts A and B. This proposal is necessary to enable units to apply prohibitions promoting public safety, provide both regional and national law enforcement consistency, and provide congruency with State laws governing the possession of controlled substances, State prohibitions regarding alcohol, and the operation of motor vehicles on National Forest System roads and trails. The Forest Service will make every effort to ensure that all local, State, and Federal law enforcement organizations, State and Federal court system agencies, and other interested parties are informed of the availability of the proposed rule when they are published in the Federal Register. In order to ensure the widest distribution, the Forest Service intends to distribute the proposed rule through direct paper copy mailings, e-mail notices, and the posting of pertinent information on the Forest Service’s Internet website. Copies of the proposed rule will also be provided to the appropriate congressional committees. 
Agency: Department of Agriculture(USDA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: Undetermined 
CFR Citation: 36 CFR 261 
Legal Authority: Not Yet Determined 
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  12/00/2009   
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
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

 
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