General Comments


A provision in Sec. 251.54(e)(1) of the existing rule requiring the Forest Service to give due deference to the findings of another agency, such as a public utility commission, the Federal Energy Regulatory Commission, or the Interstate Commerce Commission, in lieu of another detailed finding, was proposed to be moved to a new Sec. 251.54(f)(4) of the proposed rule, since this provision relates to the processing of applications rather than to their content.

This was a technical rather than a substantive amendment.

Two respondents commented on this provision. One respondent stated that if the Forest Service defers to the findings of another agency, an application for a special use authorization could be subjected to the agenda of any part of government. The other respondent commented that this provision applies a large body of administrative law to the review of applications for a special use authorization, subject to the discretion of the authorized officer, and places the burden of documenting the findings of other agencies on the applicant.


This provision was not subject to substantive amendment under the proposed rule, is not being amended by the final rule, and has no bearing on the subject matter of this rule.

Therefore, this provision is beyond the scope of this rulemaking. Nevertheless, the Department believes that this provision makes the application process more efficient by allowing the Forest Service to defer to relevant findings of other agencies, rather than making another detailed finding, in evaluating applications for commercial special use authorizations.

Section 251.54(f)(5)

Listing of Comments

FS Regulation Page