51376 Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Rules and Regulations

of takings implications under this

Executive Order.

Executive Order 12866

According to the criteria listed in

section 3(f) of Executive Order 12866,

BLM has determined that the final rule

is not a significant regulatory action. As

such, the final rule is not subject to

Office of Management and Budget

review under section 6(a)(3) of the

order.

Executive Order 12988

The Department of the Interior has

determined that this rule meets the

applicable standards provided in

sections 3(a) and 3(b)(2) of Executive

Order 12988, Civil Justice Reform.

Report to Congress and the General

Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, BLM

submitted a report containing this rule

and other required information to the

U.S. Senate, U.S. House of

Representatives, and the Comptroller

General of the General Accounting

Office before publication of the rule in

today’s Federal Register. This final rule

is not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

List of Subjects in 43 CFR Part 2090

Airports, Alaska, Coal, Grazing lands,

Indians—lands, Public lands, Public

lands—classification, Public lands—

mineral resources, Public lands—

withdrawal, Seashores, Veterans.

For the reasons set forth in the

preamble and under the authority of 43

U.S.C. 1740, part 2090 of title 43 of the

Code of Federal Regulations is amended

as set forth below:

PART 2090—SPECIAL LAWS AND

RULES

1. The authority citation for part 2090

is revised to read as follows:

Authority: 43 U.S.C. 1740; 43 U.S.C. 1201.

Subpart 2093—[Removed]

2. Part 2090 is amended by removing

subpart 2093.

Dated: September 25, 1997.

Sylvia V. Baca,

Deputy Assistant Secretary, Land and

Minerals Management.

[FR Doc. 97–26007 Filed 9–30–97; 8:45 am]

BILLING CODE 4310–84–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 5510

RIN 1004–AC92

Use by Settlers and Homesteaders of

Timber on Their Pending Claims and

Free Use of Timber Upon Oil and Gas

Leases

AGENCY: Bureau of Land Management,

Interior.

ACTION: Final rule.

SUMMARY: This final rule completely

removes certain sections of Title 43,

Code of Federal Regulations (CFR),

which govern the free use of timber on

public lands and upon oil and gas

leases. The rule also removes cross

references to these sections. These

regulations are obsolete and have not

been used in many years. Removing

them meets one of the objectives of

President Clinton’s regulatory reform

initiative—to eliminate outdated and

unnecessary regulations from the CFR.

EFFECTIVE DATE: October 31, 1997.

ADDRESSES: You may send inquiries or

suggestions to: Director (630), Bureau of

Land Management, 1849 C Street, NW,

Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT: Jeff

Holdren, (202) 452–7779 (Commercial

or FTS).

SUPPLEMENTARY INFORMATION:

Contents

I. Background and Discussion of Final Rule

II. Procedural Matters

I. Background and Discussion of Final

Rule

Section 5511.1–2 of 43 CFR describes

procedures that homesteaders may use

to obtain free use of timber on public

lands. However, no applications have

been submitted to the Bureau of Land

Management (BLM) under this subpart

for many years, principally because of

two laws. First, the Taylor Grazing Act

of June 28, 1934, 43 U.S.C. 315–315r,

requires that lands be classified for the

proposed use before occupancy on the

land is allowed. Secondly, section 702

of the Federal Land Policy and

Management Act of 1976, (90 Stat.

2787), repealed the homestead laws

which, in effect, rendered unnecessary

the regulatory requirements of Section

5511.1–2.

Similarly, the procedures under

Section 5511.1–4, which lessees must

use to obtain free use of timber on oil

and gas leases, are outmoded. No

applications under this subpart have

been submitted to BLM in many years,

principally because oil and gas lessees

no longer need to use timber on their

leases because they now have access to

modern industrial techniques.

Because Sections 5511.1–2 and

5511.1–4 are obsolete and have no

pending applications, the BLM

published a proposed rule in the

September 13, 1996, Federal Register,

61 FR 48455, to completely remove

them from 43 CFR. The public was

given a 30-day period in which to

submit comments on the proposed rule.

BLM did not receive any comments.

BLM is making a conforming change

to the final rule that will remove the

cross references to Sections 5511.1–2

and 5511–1–4 that appear at 5511.2–

1(a), 5511.2–5, and 5511.4(b)(2) in 43

CFR. In all other respects, the final rule

is the same as the proposed rule.

II. Procedural Matters

National Environmental Policy Act of

1969

BLM has prepared an environmental

assessment (EA) and has found that this

rule would not constitute a major

Federal action significantly affecting the

quality of the human environment

under section 102(2)(C) of the National

Environmental Policy Act of 1969

(NEPA), 42 U.S.C. 4332(2)(C). No

environmental impact statement will be

prepared. BLM has placed the EA and

the Finding of No Significant Impact

(FONSI) on file in the BLM

Administrative Record, Room 401, 1620

L Street, NW, Washington, D.C. The

notice of proposed rulemaking

inaccurately reported at 61 FR 48456

that the rule was categorically excluded

from the NEPA process.

Paperwork Reduction Act

This rule does not contain

information collection requirements that

the Office of Management and Budget

must approve under the Paperwork

Reduction Act, 44 U.S.C. 3501 et seq.

Regulatory Flexibility Act

Congress enacted the Regulatory

Flexibility Act of 1980, 5 U.S.C. 601 et

seq., to ensure that Government

regulations do not unnecessarily or

disproportionately burden small

entities. The RFA requires a regulatory

flexibility analysis if a rule would have

a significant economic impact, either

detrimental or beneficial, on a

substantial number of small entities.

Based on the discussion in the preamble

above, that the rule merely removes

redundant and unnecessary

requirements, BLM anticipates that this

final rule will have no significant

impact on the public at large. Therefore,
Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Rules and Regulations 51377

BLM has determined under the RFA

that this final rule will not have a

significant economic impact on a

substantial number of small entities.

Unfunded Mandates Reform Act

Removal of sections 5511.1–2, 5511–

1.4, 5511.2–1(a), 5511.2–5, and 5511–

4(b)(2) of 43 CFR will not result in any

unfunded mandate to State, local or

tribal governments in the aggregate, or

to the private sector, of $100 million or

more in any one year.

Executive Order 12612

The final rule will not have a

substantial direct effect 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, in

accordance with Executive Order 12612,

BLM has determined that this proposed

rule does not have sufficient federalism

implications to warrant preparation of a

Federalism assessment.

Executive Order 12630

The final rule does not represent a

government action capable of

interference with constitutionally

protected property rights. Section 2(a)(1)

of Executive Order 12630 specifically

exempts actions abolishing regulations

or modifying regulations in a way that

lessens interference with private

property use from the definition of

‘‘policies that have takings

implications.’’ Since the primary

function of the final rule is to abolish

unnecessary regulations, there will be

no private property rights impaired as a

result. Therefore, the Department of the

Interior has determined that the rule

would not cause a taking of private

property, or require further discussion

of takings implications under this

Executive Order.

Executive Order 12866

According to the criteria listed in

section 3(f) of Executive Order 12866,

BLM has determined that the final rule

is not a significant regulatory action. As

such the final rule is not subject to

Office of Management and Budget

review under section 6(a)(3) of the

order.

Executive Order 12988

The Department of the Interior has

determined that this rule meets the

applicable standards provided in

sections 3(a) and 3(b)(2) of Executive

Order 12988, Civil Justice Reform.

Report to Congress and the General

Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, BLM

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office before publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

Author

The principal author of this final rule

is Frances Watson, Regulatory Affairs

Group, Bureau of Land Management,

1849 C Street, N.W., Room 401 LS,

Washington, D.C. 20240; Telephone

202/452–5006.

List of Subjects in 43 CFR Part 5510

Forests and forest products, Public

lands.

For the reasons stated in the

preamble, and under the authority of 43

U.S.C. 1740, Part 5510 of Title 43 of the

Code of Federal Regulations is amended

as follows:

PART 5510—[AMENDED]

1. The authority citation for part 5510

continues to read as follows:

Authority: 61 Stat. 681, as amended; 69

Stat. 367; 48 Stat. 1269, sec. 11, 30 Stat. 414,

as amended, R.S. 2478, sec. 32, 41 Stat. 450;

30 U.S.C. 601 et seq., 43 U.S.C. 315, 48 U.S.C.

423, 43 U.S.C. 1201, 30 U.S.C. 189.

§ 5511.1–2 [Removed]

2. Section 5511.1–2 is removed.

§ 5511.1–4 [Removed]

3. Section 5511.1–4 is removed.

§ 5511.2–1 [Amended]

4. Section 5511.2–1 is amended by

removing paragraph (a) and removing

the paragraph designation (b).

§ 5511.2–5 [Removed]

5. Section 5511.2–5 is removed.

§ 5511.4 [Amended]

6. Section 5511.4 is amended by

removing and reserving paragraph

(b)(2).

Dated: September 25, 1997.

Sylvia V. Baca,

Deputy Assistant Secretary, Land and

Minerals Management.

[FR Doc. 97–26005 Filed 9–30–97; 8:45 am]

BILLING CODE 4310–84–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

45 CFR Part 74

Miscellaneous Amendments;

Correction

AGENCY: Department of Health and

Human Services (HHS).

ACTION: Final rule; correction.

SUMMARY: HHS published a final rule on

August 4, 1997 (62 FR 41877) which

made several changes to HHS grant

regulations which included updating

items to conform them to the Federal

Acquisition Streamlining Act of 1994.

This document clarifies one of the

amendatory instructions in that final

rule.

DATES: This correction is effective

September 3, 1997.

FOR FURTHER INFORMATION CONTACT:

Charles Gale, Director, Office of Grants

Management, 202–690–6377; for the

hearing impaired only: TDD 202–690–

6415.

SUPPLEMENTARY INFORMATION: In the

final rule published on August 4, 1997,

amendatory instruction number 6. was

ambiguous as to whether the entire

section was being revised, or only the

introductory text. This correction

clarifies that instruction.

In final rule document 97–20402,

beginning on page 41877, in the issue of

Monday, August 4, 1997, make the

following correction:

§ 74.44 [Corrected]

On page 41878, in the third column,

amendatory instruction 6. is corrected to

read ‘‘6. Section 74.44 is amended by

revising paragraph (e) introductory text

to read as follows:’’.

Dated: September 25, 1997.

Neil J. Stillman,

Deputy Assistant Secretary for Information

Resources Management.

[FR Doc. 97–25984 Filed 9–30–97; 8:45 am]

BILLING CODE 4150–04–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 1, 61, and 63

[IB Docket No. 95–118, FCC 96–79]

Streamlining the International Section

214 Authorization Process and Tariff

Requirements

AGENCY: Federal Communications

Commission.

ACTION: Final rules; announcement of

effective date.