[Federal Register Volume 62, Number 214 (Wednesday, November 5, 1997)]
[Rules and Regulations]
[Pages 59820-59821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29273]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 1860

[WO-350-1220-00-24 1A]
RIN 1004-AC-88


Patent Preparation and Issuance

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rulemaking.

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SUMMARY: This final rule amends part 1860 of Title 43 of the Code of 
Federal Regulations (CFR) to completely remove subpart 1862, which 
contains internal instructions on preparing and issuing patents. The 
Bureau of Land Management (BLM) plans to place these procedures in an 
existing BLM Manual/Handbook, a more appropriate location than the CFR. 
The public will have access to the material.

EFFECTIVE DATE: December 5, 1997.

FOR FURTHER INFORMATION CONTACT: Vanessa Engle, Lands and Realty Group, 
Bureau of Land Management, 1849 C Street, N.W., Washington, DC 20240; 
Telephone (202) 452-7776 (Commercial or FTS).

SUPPLEMENTARY INFORMATION:

I. Background
II. Response to Comments
III. Discussion of Final Rule
IV. Procedural Matters

I. Background

    The existing regulation at 43 CFR part 1862 has no requirements 
with which the public must comply. Instead, it contains internal 
instructions on preparing and issuing patents, which properly should be 
in manuals and handbooks. For this reason, BLM published a Notice of 
Proposed Rulemaking in the August 16, 1996, Federal Register (61 FR 
42579), to advise the public of its plans to completely remove subpart 
1862 from 43 CFR and place the material in the BLM Manual/Handbook. We 
invited public comments for 30 days and received comments from a mining 
association. We have considered the association's comments in preparing 
the final rule.

II. Response to Comments

    The commenter opposed the proposed rule because it neither 
indicated where in BLM's policy manuals and handbooks the regulation 
would reside nor whether the instructions would remain the same or 
change.
    Changes to the proposed rule, based on this comment, are not 
necessary. BLM will not make any substantive alterations to the 
instructions but will update them before they are placed in the 
existing BLM Manual/Handbook, which currently is being updated to 
ensure continuity of the subpart 1862 instructions. Under the heading 
of subpart 1862, the manual/handbook will go into considerable detail 
on the requirements for preparing and issuing patents. In addition to 
the information previously contained in subpart 1862, the manual will 
include sections on different types of patents, specific language to be 
included in patents, directions on how to correctly format and number 
patents and other particulars. BLM will not remove any of the 
requirements previously found in 43 CFR part 1862.

III. Discussion of Final Rule

    This final rule completely removes Subpart 1862 of Title 43 CFR, 
which provides internal instructions on preparing and issuing patents. 
BLM is issuing the rule without change from the August 16, 1996, Notice 
of Proposed Rulemaking. This action meets one of the objectives of 
President Clinton's Government-wide regulatory reform initiative--to 
eliminate unnecessary regulations from the CFR.

IV. Procedural Matters

National Environmental Policy Act of 1969

    BLM has prepared an environmental assessment (EA), and has found 
that the final 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. 432(2)(C). BLM has placed the EA and the Finding of 
No Significant Impact (FONSI) on file in the BLM Administrative Record, 
1620 L Street, NW, Room 401, Washington, DC, during regular business 
hours, 7:45 a.m. to 4:15 p.m. Monday through Friday.

Paperwork Reduction Act

    This final 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.

Regulatory Flexibility Act

    BLM has determined that the final rule, which merely removes 
unnecessary regulations, will not have a significant economic impact on 
a substantial number of small entities within the meaning of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

[[Page 59821]]

Unfunded Mandates Reform Act of 1995

    This final rule does not include any Federal mandate that may 
result in increased expenditures of $100 million in any one year by 
State, local, or tribal governments, or by the private sector. 
Therefore, a Section 202 statement under the Unfunded Mandates Reform 
Act is not required.

Executive Order 12612

    BLM has analyzed this final rule under the principles and criteria 
in Executive Order 12612 and has determined that the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.

Executive Order 12630

    This final rule does not represent a government action that 
interferes with constitutionally protected property rights. Thus, a 
Taking Implication Assessment need not be prepared under Executive 
Order 12630, ``Government Action and Interference with Constitutionally 
Protected Property Rights.''

Executive Order 12866

    This final rule does not meet the criteria for a significant rule 
requiring review by the Office of Management and Budget under Executive 
Order 12866, Regulatory Planning and Review.

Executive Order 12988

    The Department has determined that this final 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 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, NW, 
Room 401 LS, Washington, D.C. 20240; Telephone 202/452-5006 (Commercial 
or FTS).

List of Subjects in 43 CFR Part 1860

    Administrative practice and procedure, Public lands.

    For the reasons stated in the preamble, and under the authority of 
43 U.S.C. 1740, part 1860 of Title 43 of the Code of Federal 
Regulations is amended as set forth below:

PART 1860--[AMENDED]

    1. The authority citation for part 1860 continues to read as 
follows:

    Authority: R.S. 2450, as amended; 43 U.S.C. 1161.

Subpart 1862--[Removed and Reserved]

    2. Subpart 1862 is removed and reserved.

    Dated: October 28, 1997.
Sylvia V. Baca,
Acting Assistant Secretary, Land and Minerals Management.
[FR Doc. 97-29273 Filed 11-4-97; 8:45 am]
BILLING CODE 4310-84-P