[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]



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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.


0
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]

0
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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