215.10—Emergency situations.
(a) Authority.
The Chief and the Associate Chief of the Forest Service are authorized to make the determination that an emergency situation ( § 215.2) exists, and they may delegate this authority only to the Deputy Chief for National Forest System and to the Regional Foresters. Persons acting in these positions may exercise this authority only when they are filling vacant positions and they have been formally delegated full acting authority for the positions. Persons acting in positions during temporary absences of the incumbents shall not be delegated this authority to make emergency situation determinations.
(b) Determination.
The determination that an emergency situation exists shall be based on an examination of the relevant information. During the review, additional information may be requested.
(c) Implementation.
When it is determined that an emergency situation exists with respect to all or part of the decision, implementation may proceed as follows:
(1)
Immediately after publication ( § 215.7(b)) of a decision documented in a Decision Notice, for that portion of the decision determined to be an emergency.
(2)
Immediately when documented in a Record of Decision, after complying with the timeframes and publication requirements described in 40 CFR 1506.10(b)(2), for that portion of the decision determined to be an emergency.
(d) Notification.
The Responsible Official shall notify the public in the legal notice of the decision ( § 215.7) that the Forest Service made a determination that all or part of a project decision is an emergency situation.