[Federal Register Volume 70, Number 3 (Wednesday, January 5, 2005)]
[Rules and Regulations]
[Pages 1022-1023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20]
[[Page 1021]]
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Part III
Department of Agriculture
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Forest Service
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36 CFR Part 219
National Forest System Land and Resource Management Planning; Removal
of 2000 Planning Rule; National Environmental Policy Act Documentation
Needed for Developing, Revising, or Amending Land Management Plans;
Categorical Exclusion; Final Rules and Notice
Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 /
Rules and Regulations
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 219
RIN 0596-AB86
National Forest System Land and Resource Management Planning;
Removal of 2000 Planning Rule
AGENCY: Forest Service, USDA.
ACTION: Final rule.
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SUMMARY: The Department of Agriculture is issuing a final rule to
remove the November 9, 2000, National Forest System Land and Resource
Management Planning regulations at Title 36, Code of Federal
Regulations, part 219, subpart A, in their entirety. Subsequent to the
publication of the 2000 planning rule, several amendments were
published to revise certain sections of the rule and to provide for
transition to the 2000 rule. This action to remove the 2000 rule is
being taken before the adoption of the new 2004 planning rule to
clarify and avoid any confusion about which planning regulations the
Department intends to be used to implement the National Forest
Management Act of 1976. Elsewhere in this part of today's Federal
Register, the Department is simultaneously publishing another final
rule to add the new (2004) planning regulations at 36 CFR part 219,
subpart A.
EFFECTIVE DATE: This rule is effective January 5, 2005.
FOR FURTHER INFORMATION CONTACT: Dave Barone, Planning Specialist,
Ecosystem Management Coordination Staff, Forest Service, USDA at (202)
205-1019.
SUPPLEMENTARY INFORMATION:
Background
On November 9, 2000 (65 FR 67514), the Department adopted planning
regulations for the National Forest System at 36 CFR part 219, subpart
A (65 FR 67514). Despite the positive aspects of the 2000 rule,
however, the number of very detailed analytical requirements, the lack
of clarity regarding many of the requirements, the lack of flexibility,
and the lack of recognition of the limits of agency budgets and
personnel led to a reconsideration of this rule in the spring of 2001.
After careful review of concerns expressed internally and externally
about this 2000 planning rule, the Department requested the Forest
Service to develop a proposed planning rule to revise the 2000 rule. A
proposed planning rule was published for public notice and comment on
December 6, 2002 (67 FR 72770).
Transition language at Sec. 219.35(b) of the 2000 rule was revised
on May 17, 2001 (66 FR 27552), and again on May 20, 2002 (67 FR 35431),
to allow a responsible official to elect to continue or to initiate new
plan amendments or revisions under the planning regulations in effect
prior to November 9, 2000 (see 36 CFR parts 200 to 299, revised as of
July 1, 2000), or to conduct the amendment or revision process in
conformance with the provisions of the 2000 rule. To date, no unit of
the National Forest System has elected to use the 2000 planning rule
for plan amendments or revisions. All plan amendments and revisions
have been made under the provisions of the planning regulations in
effect prior to November 9, 2000.
Transition language at Sec. 219.35(d) of the 2000 rule was revised
by the interim final rule published on September 10, 2003 (68 FR 53294)
to extend the date by which site-specific decisions made by the
responsible official must conform with provisions of the 2000 planning
rule from November 9, 2003, until the Department promulgates the final
planning regulations published as proposed on December 6, 2002 (67 FR
72770). The Department is promulgating these final planning regulations
in the final rule to 36 CFR part 219, subpart A, published
simultaneously elsewhere in this part of today's Federal Register.
The final planning rule added today at 36 CFR part 219, subpart A,
and published elsewhere in this part of today's Federal Register, has
new transition language that clearly describes the Department's intent
on when the new 2004 planning regulations must be used and when
regulations published previously at 36 CFR part 219, subpart A, may be
used. Furthermore, in order to avoid any possible confusion within the
Forest Service, other agencies, and the public regarding which revision
of the planning regulations should be followed, the Department has
determined that removing the November 2000 planning regulations in
their entirety is necessary.
Regulatory Certifications
Regulatory Impact
This final rule has been reviewed under USDA procedures and
Executive Order (E.O.) 12866, Regulatory Planning and Review. It has
been determined that this is not an economically significant rule. This
rule would not have an annual effect of $100 million or more on the
economy nor adversely affect productivity, competition, jobs, the
environment, public health or safety, nor State or local governments.
This final rule would not interfere with an action taken or planned by
another agency nor raise new legal or policy issues. Finally, this rule
would not alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients of
such programs.
Moreover, this final rule has been considered in light of Executive
Order 13272 regarding proper consideration of small entities and the
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA),
which amended the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). No
direct or indirect financial impact on small businesses or other
entities has been identified. Therefore, it is hereby certified that
this final rule will not have a significant economic impact on a
substantial number of small entities as defined by the act.
Environmental Impact
This final rule has no direct or indirect effect on the environment
and is merely procedural in nature to clarify that the planning rule
adopted by the Department on November 9, 2000, and all of its
requirements and provisions, is being removed in its entirety from 36
CFR part 219, subpart A, prior to the adoption of the new 2004 final
planning rule at 36 CFR part 219, subpart A, which is published
simultaneously elsewhere in this part of today's Federal Register.
Section 31.1b of Forest Service Handbook 1909.15 (57 FR 43168;
September 18, 1992) excludes from documentation in an environmental
assessment or environmental impact statement ``rules, regulations, or
policies to establish Service-wide administrative procedures, program
processes, or instruction.'' Based upon the scope of this rulemaking
and its procedural nature, the Department has determined that this
final rule falls within this category of actions and that no
extraordinary circumstances exist which would require preparation of an
environmental assessment or an environmental impact statement.
No Takings Implications
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 12360, and it has been
determined that it would not pose the risk of a taking of private
property, as this final rule is limited to the establishment of
administrative procedures.
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Energy Effects
This final rule has been analyzed under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. It has been determined that this rule does not
constitute a significant energy action as defined in the Executive
order.
Civil Justice Reform
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. The Department has not identified any State or
local laws or regulations that are in conflict with or that would
impede full implementation of this rule.
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), which the President signed into law on March 22,
1995, the Department has assessed the effects of this final rule on
State, local, and Tribal governments and on the private sector. This
rule does not compel the expenditure of $100 million or more by any
State, local, or Tribal government, or anyone in the private sector.
Therefore, a statement under section 202 of the act is not required.
Federalism
The Department has considered this final rule under the
requirements of Executive Order 13132, Federalism. The Department has
made an assessment that this rule conforms with the federalism
principles set out in this Executive order; would not impose any
significant compliance costs on the States; and would not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government. Therefore,
the Department concludes that this rule does not have federalism
implications.
Consultation and Coordination with Indian Tribal Governments
This final rule does not have Tribal implications as defined by
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, and, therefore, advance consultation with Tribes is not
required.
Controlling Paperwork Burdens on the Public
This final rule does not contain any record keeping or reporting
requirements or other information collection requirements as defined in
5 CFR part 1320 and, therefore, imposes no paperwork burden on the
public. Accordingly, the review provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501, et seq.) and implementing regulations at 5
CFR part 1320 do not apply.
Government Paperwork Elimination Act Compliance
The Department is committed to compliance with the Government
Paperwork Elimination Act (44 U.S.C. 3504), which requires Government
agencies to provide the public the option of submitting information or
transacting business electronically to the maximum extent possible.
List of Subjects in 36 CFR 219
Administrative practice and procedure, Environmental impact
statements, Indians, Intergovernmental relations, Forest and forest
products, National forests, Natural resources, Reporting and
recordkeeping requirements, Science and technology.
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Therefore, for the reasons set forth in the preamble, amend chapter II
of title 36 of the Code of Federal Regulations as follows:
PART 219--PLANNING
Subpart A--[Removed and Reserved]
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1. In part 219, remove and reserve subpart A.
Dated: December 22, 2004.
Mark Rey,
Under Secretary, Natural Resources and Environment.
[FR Doc. 05-20 Filed 1-4-05; 8:45 am]
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