Proposed Colorado Roadless Rule, Office of the Federal Register 04/15/2011

21272 Federal Register / Vol. 76, No. 73 / Friday, April 15, 2011 / Proposed Rules umbrella, constitutes time that must be statutory and regulatory interpretation DEPARTMENT OF AGRICULTURE included in the calculation of duty time suggest that the specific standard of one to determine the rest required under day off every week cannot be rendered Forest Service § 121.377, whether or not that unit itself completely inoperative by the more must adhere to the requirements of general equivalent standard. A previous 36 CFR Part 294 § 121.377. An employee using accrued interpretation allowed that a work RIN 0596–AC74 vacation or credit time is not ‘‘on duty’’ schedule that provides for personnel to even though the employee may receive have a group of 4 days off followed by Special Areas; Roadless Area compensation for that time. up to 24 days of work, or vice versa, Conservation; Applicability to the Nevertheless, the regulation aims to would still meet the standard of being National Forests in Colorado require repair stations to give its ‘‘equivalent’’ to one day off in every maintenance personnel at least one day AGENCY: Forest Service, USDA. seven within a month. Legal off every week without requiring that ACTION: Notice of proposed rulemaking. employee to use accrued vacation time Interpretation to Ron Webb from Donald to be free from any responsibility for P. Byrne, Assistant Chief Counsel, SUMMARY: The Forest Service, U.S. work. Regulations (June 21, 1991). That Department of Agriculture (USDA), is Once Pratt relieves the employee from interpretation, however, was issued proposing to establish a State-specific duty, the regulation does not require prior to the findings relating fatigue to rule to provide management direction Pratt to monitor the employee’s maintenance related errors in the air for conserving and managing activities. The scenario where an carrier industry discussed in AC 120– inventoried roadless areas on National employee uses the time off from Pratt to 72. Webster’s dictionary defines Forest System (NFS) lands in Colorado. work at another maintenance facility ‘‘equivalent’’ as having logical A proposed rule was published in the does not implicate Pratt’s compliance equivalence, or corresponding or July 25, 2008, Federal Register. In with § 121.377. Unlike the regulations virtually identical in effect or function. response to public comment on the 2008 governing crewmember duty time, Today, we would not view as compliant Proposed Rule and a revised petition § 121.377 does not contain a limit on an a schedule that provides over the course submitted by the State of Colorado on April 6, 2010, the Forest Service is employee’s total accumulated working of eight weeks for four days off followed publishing a new proposed rule. hours within a specified period of time. by 48 straight days of duty followed by The Agency is inviting public The FAA does not recommend this four more days off. Such a work practice, however, for the reasons comment on this new proposed rule and schedule that generally provides for an discussed in AC 120–72 related to accompanying revised draft average of one day off over several fatigue. Thus, an employee relieved environmental impact statement ‘‘ ’’ from duty by Pratt may perform other weeks cannot be said to be equivalent (RDEIS). The Agency is interested in aviation related maintenance, even for to the more specific standard requiring public comments on the changes to other facilities which themselves are one day off out of every seven days. exceptions and prohibitions on bound by § 121.377, provided the Lastly, you correctly note that the activities in roadless areas that have employee is provided the requisite time regulation does not address the length of been developed in response to public off by each facility for which the the work day, only the length of the comments on the 2008 Proposed Rule. employee works. Pratt must use caution, required time off work. The legal The Agency is particularly interested in however, not to create the appearance of interpretation from Mr. Byrne to Mr. receiving public comments on the requiring an employee to work during Webb also makes clear that the general concept, management, and rationale for off hours for another facility that is just equivalency provision in § 121.377 does designation of specific areas within a corporate sister to the Pratt facility. not apply to the specific requirement to Colorado Roadless Areas identified as You also raise the question of whether give 24 consecutive hours of time off. ‘‘upper tier.’’ In this proposed rule, these a facility can schedule employees to Time off may not be provided in smaller areas are provided a higher level of work more than six consecutive days, protection than the 2001 Roadless Rule, thereby grouping required days off, and increments over several days even though the total time off over any seven DATES: Comments must be received in still remain in compliance with writing by July 14, 2011. § 121.377. The regulatory standard day period may equal or exceed 24 ADDRESSES: Comments may be sent via requires 24 consecutive hours off duty hours. e-mail to [email protected]. during any seven consecutive days but We appreciate your patience and trust Comments may also be submitted via also contains some flexibility in the that the above responds to your the Internet at http:// phrase ‘‘or the equivalent thereof within concerns. If you need further assistance, www.regulations.gov. Written comments any one calendar month.’’ The FAA please contact my staff at (202) 267– concerning this notice should be intended that the regulation allow 3073. This response was prepared by addressed to: Colorado Roadless Rule/ employees to work in excess of six Anne Bechdolt, Attorney in the EIS, P.O. Box 1919, Sacramento, CA consecutive days in the event of a Operations Law Branch of the national emergency or unusual 95812. Regulations Division of the Office of the All comments, including names and occurrence in the air carrier industry. Chief Counsel, and coordinated with the addresses, are placed in the record and See Legal Interpretation 1987–15 (June Aircraft Maintenance and Air are available for public inspection and 14, 1987). The regulatory flexibility copying. The public may inspect found in § 121.377 allows maintenance Transportation divisions of Flight comments received at http:// personnel to work a schedule that Standards Service. roadless.fs.fed.us. maintains the ‘‘equivalent’’ to one day Rebecca B. MacPherson, off every week even though that Assistant Chief Counsel, Regulations Division FOR FURTHER INFORMATION CONTACT: schedule might provide for more than [FR Doc. 2011–9236 Filed 4–14–11; 8:45 am] Colorado Roadless Rule Team Leader six consecutive days of work. BILLING CODE 4910–13–P Ken Tu at (303) 275–5156. Individuals The equivalent standard, however, using telecommunication devices for the does have limits. The tenants of deaf (TDD) may call the Federal VerDate Mar<15>2010 16:22 Apr 14, 2011 Jkt 223001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 jlentini on DSKJ8SOYB1PROD with PROPOSALS Federal Register / Vol. 76, No. 73 / Friday, April 15, 2011 / Proposed Rules 21273 Information Relay Service (FIRS) at Committee (RACNAC) and public risk from wildfire to a municipal water 1–800–877–8339 between 8 a.m. and comment on the 2008 Proposed Rule supply system. The 2001 Rule exception 8 p.m. Eastern Standard Time, Monday both provided a national perspective. for ecosystem maintenance and through Friday. The RACNAC was specifically designed restoration allows tree cutting anywhere SUPPLEMENTARY INFORMATION: as an advisory committee composed of within roadless areas. national interests to provide a national In the proposed rule, an upper tier of Background perspective, and it no longer exists. The protection has been designated with As a leader in natural resource vast majority of respondents to the 2008 fewer exceptions than the 2001 Rule for conservation, the Forest Service Proposed Rule expressed a desire for a road construction and reconstruction provides direction for the management rule that protects roadless area and tree cutting. Exceptions are not and use of the Nation’s forests, characteristics now and for future allowed for road reconstruction and rangeland, and aquatic ecosystems generations. However, some realignment, and temporary roads for under its jurisdiction. Similarly, the respondents suggested alternative, less public health and safety. The 2001 Rule State of Colorado is committed to restrictive roadless regulations. This tree-cutting exceptions for maintenance sustained natural resource use and proposed rule includes prohibitions on and restoration of ecosystem conservation of State and Federal land tree-cutting, sale, or removal; road characteristics, and for habitat within its borders. Furthermore, the construction/reconstruction; and linear improvement for endangered, Forest Service is charged to collaborate construction zones, all with limited threatened or sensitive species are not cooperatively with States and other exceptions tailored to address specific allowed in the upper tier of the interested parties regarding the use and issues. This proposed rule requires, in proposed rule. management of the National Forest many cases, the Regional Forester to State of Colorado Petitions System (NFS). make specific determinations prior to Colorado’s Roadless Areas are of great authorizing exceptions. On July 14, 2005, the State of importance to the people of Colorado

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