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| USDA/FS | RIN: 0596-AC88 | Publication ID: Spring 2010 |
| Title: Law Enforcement Prohibitions | |
| Abstract: The Forest Service is proposing to make changes to 36 CFR part 212 to clarify enforcement authority regarding forest roads concerns, the health and safety of the public and protection of National Forest System lands. The proposed changes will amend sections 212.5(a) Federal Traffic rules and 212.5(a)(1) State Traffic law. The proposed revisions to 36 CFR part 212, subpart A provide clarification regarding the enforcement authority of the Forest Service on roads and trails. The intended effect of this proposal is to provide clarification of existing authorities on NFS lands that can directly affect the safety and well being of forest visitors and employees, as well as to more closely align those efforts with state and local laws, and state enforcement measures. These proposed changes would clarify Forest Service authority under the Property Clause in its law enforcement regulations so that this authority may be implemented as effectively as possible, but only to the extent of that authority; that is, only to the extent enforcement is necessary to protect NFS lands or persons on those lands. Clear property clause authority is particularly important in remote areas of the NFS, where it may be difficult for State and local law enforcement officers to conduct routine patrols, and where a road crossing the NFS may alternate between Forest Service and State or county jurisdiction. | |
| 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: No |
| CFR Citation: 36 CFR 212 | |
| Legal Authority: Not Yet Determined | |
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Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
| Federalism: No | |
| Included in the Regulatory Plan: No | |
| RIN Data Printed in the FR: No | |
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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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