Comment Analysis · Docket FS-2025-0001

FS-2025-0001-575004

Opposes rescissionA2 moderateSubstance 14/24Owed an answerPosted October 6, 2026 On Regulations.gov

In short: The comment documents a specific discrepancy between the agency's justification for rescinding the Roadless Area Conservation Rule and its own DEIS data (Table 21) showing higher human-caused ignition densities on roaded lands, while also identifying a failure in the regulatory flexibility analysis to properly assess impacts on local small entities and reliance interests.

Scored directly — The comment's whole text was scored on its own.

Scorecard

Each dimension is scored 0–3; the eight sum to the substance score out of 24.

  • Specific placeNames a specific location — from a region down to an exact creek, trail, road, or map reference.
  • Local knowledgeDraws on a first-hand connection to the place — visits, sustained activity, occupation, or a professional role.
  • EA analysisEngages the agency's environmental analysis directly.
  • Analytical gapIdentifies something the analysis fails to address.
  • EvidenceBacks claims with specific facts, data, or research.
  • RequestMakes a specific, actionable request of the agency.
  • AlternativeProposes a different course of action.
  • LegalCites statutes, regulations, or legal obligations.

How hard it is to set aside

A2 moderate: Hard to dismiss — it shows cause and effect.

Owed an answer on Analytical gap, Evidence.

Standard dismissals it defeats

  • Misreads the proposal The agency says the comment misunderstands what is proposed. Defeated when the comment engages the proposal or a named place directly.
  • No cause and effect shown The agency says the comment asserts a harm without showing how the action causes it. Defeated when the comment shows the mechanism.
  • Outside the scope The agency says the comment asks about a different action. Defeated when the comment is specific and tied to this proposal.

Still open to the agency

  • Alternative already eliminated The agency says it considered and eliminated the alternative the comment proposes, with a reason. Cannot be defeated from the comment text alone.
  • Already addressed The agency says its analysis already covers the point. Defeated when the comment cites the law itself: there is no analysis to cite against a statutory claim.
  • Deferred to a later decision The agency says the point belongs to a later, site-specific decision. Cannot be defeated from the comment text alone.
  • Not required The agency says the analysis the comment asks for is not required. Cannot be defeated from the comment text alone.
  • Preference noted The agency notes the comment as a statement of preference and takes no action on it. Cannot be defeated from the comment text alone.
  • Certified not substantive The agency certifies the comment raises nothing substantive. Defeated when the comment alleges illegality, which is substantive by the definition the certification runs on.

Topics

  • Forest Management Wildfire
    • “more access roads could lead to more human-caused wildfires”
    • “human-caused wildland fire is nearly five times more likely to occur on essentially roaded lands”
    • “Human-caused ignition density is 22.4 fires per million acres per year on roaded National Forest System land against 3.0 inside the affected roadless areas”
  • Water Quality Quantity
    • “Clean water depends on the same land”
    • “roads and their facilities can produce up to 90 percent of the sediment from a timber sale”
    • “Trees filter water and reduce runoff”
  • Recreation Tourism Public Use
    • “Camping and hiking in the Jefferson National Forest has been part of much of my life”
    • “These and other roadless areas offer a place to I can feel peaceful in a hectic world”
    • “I have organized my recreation, my health, and my sense of what public land is for around the protections the 2001 rule provides”
  • Legal Regulatory Framework
    • “The agency is obligated, under the legal standards that govern rule changes, to identify and weigh the interests described in the comments”
    • “The agency must withdraw that certification and analyze the impact on the businesses actually operating where the rule would take effect”
    • “I ask that it explain, plainly and on the record, why this proposal departs from those prior findings”

What it names

National Forests
Jefferson National Forest
Roadless areas
Brush Mountain

The comment

Shaded passages are the ones the analysis quoted as evidence for a dimension: Specific placeLocal knowledgeEA analysisAnalytical gapEvidenceRequest

Re: Rescission of the Roadless Area Conservation Rule, Docket FS-2025-0001 Camping and hiking in the Jefferson National Forest has been part of much of my life. I go there for recreation and for my health- health of body and mind. I ride my bike and hike around Pandapas Pond in the Brush Mountain area, and I hike on the AT. These and other roadless areas offer a place to I can feel peaceful in a hectic world. This peace and this land I will do my part to protect. As the US government, you need to do your part. The agency frames this rescission partly around wildfire and fuels management, but its own record cuts the other way. I have long worried that more access roads could lead to more human-caused wildfires, fires we do not have the resources to fight. The agency's own language confirms that worry: "Building a road into a forest at high risk from uncharacteristic wildfire effects could increase the incidence of human-caused fires. A human-caused wildland fire is nearly five times more likely to occur on essentially roaded lands than on essentially unroaded lands." If the agency has concluded that rescission is nonetheless justified on wildfire grounds, I ask that it explain, plainly and on the record, why this proposal departs from those prior findings, and that it reconcile the rescission with the ignition data its own draft environmental impact statement reports. That data sharpens the concern. The DEIS itself states: "Human-caused ignition density is 22.4 fires per million acres per year on roaded National Forest System land against 3.0 inside the affected roadless areas (DEIS Table 21, 2014-2024), and the DEIS states that human-caused ignitions increase in abundance with proximity to roads." The gap between those two numbers, 22.4 against 3.0, is not a minor variance. I ask that the agency quantify the expected increase in human-caused ignitions from new road access and weigh that increase honestly against whatever claimed reduction in wildfire hazard it is relying on, rather than treating the two as if they point in the same direction. Clean water depends on the same land. More roads open the door to timber sales and other resource extraction, and the agency's own analysis acknowledges that roads and their facilities can produce up to 90 percent of the sediment from a timber sale. The watersheds that feed the Jefferson, and the communities downstream that rely on them, are not abstractions. Trees filter water and reduce runoff. When road-building disturbs those watersheds, the cost falls on real people, not on the corporations that benefit from access. The agency should tell the public how it weighs those costs. The regulatory flexibility analysis does not do that work. The proposal certifies no significant impact on small entities while the agency's own record states: "The proposed rule certifies no significant impact on small entities while the DEIS names outfitters, guides and tour operators as affected and its own Cost Benefit Analysis books lost recreation benefit at a minimum of $6.1 million a year." Spreading a $9 million annual expenditure loss across every small firm in the sector nationally, rather than looking at the outfitters and guides who actually hold permits in the affected areas, does not constitute an assessment. The agency must withdraw that certification and analyze the impact on the businesses actually operating where the rule would take effect. Finally, the agency invited this comment. Its own notice solicits "any reliance interests in the current rule that could be affected by this proposal" (91 FR 53830-31), and the Cost Benefit Analysis weighs none. I have organized my recreation, my health, and my sense of what public land is for around the protections the 2001 rule provides. That is a reliance interest. The agency is obligated, under the legal standards that govern rule changes, to identify and weigh the interests described in the comments it receives, including this one. I ask that it do so. Please put the health, safety, and wellbeing of American citizens before profits and corporate interests. Please put Americans first. Sincerely, Marissa Phillips Roanoke, Virginia

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