[Federal Register Volume 61, Number 132 (Tuesday, July 9, 1996)]
[Rules and Regulations]
[Page 35960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17443]


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DEPARTMENT OF AGRICULTURE
36 CFR Part 223


Sale and Disposal of National Forest System Timber; Subpart E--
Federal Timber Contract Payment Modification Program

AGENCY: Forest Service, USDA.

ACTION: Final rule; technical amendment.

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SUMMARY: The Forest Service is amending its regulations on timber sale 
contracts to remove the subpart on Federal timber contract payment 
modification program. Originally required to implement the Federal 
Timber Contract Payment Modification Act of 1984, these regulations 
were reviewed during the regulatory reform phase II initiative of the 
National Performance Review and determined to be obsolete.

EFFECTIVE DATE: July 9, 1996.

FOR FURTHER INFORMATION CONTACT:
Jim Naylor, Timber Management Staff, Forest Service, USDA, P.O. Box 
96090, Washington, D.C. 20090-6090, (202) 205-0858.

SUPPLEMENTARY INFORMATION:

Background

    The Federal Timber Contract Payment Modification Act of October 16, 
1984, (16 U.S.C. 618) authorized and directed the Secretaries of 
Agriculture and the Interior to release a timber sale purchaser from 
specified contractual obligations thereby returning to the Government 
certain timber sale contracts.
    Speculative bidding in the early 1980's, followed by a substantial 
drop in the forest products market, left may timber purchasers in high 
risk of defaulting timber sale contracts and having to declare 
bankruptcy.
    The Act allowed purchasers of national forest timber to return to 
the Government a certain number of timber sale contracts upon payment 
of a ``buy-out charge.''
    The final rule to implement the Federal Timber Contract Payment 
Modification Act was published in the Federal Register on June 27, 
1985, at 50 FR 26666. Under this regulation, purchasers were required 
to apply for contract buyout within 90 days of the published date of 
the rule. All of the contracts governed by this regulation are closed. 
Also, the emergency rate redetermination in Alaska rules, which were 
part of Subpart E, are no longer applicable. Therefore, these rules are 
no longer needed and by this amendment are removed from the Code of 
Federal Regulations. Because of the narrow scope and limited effect of 
this action, the Agency has determined that this amendment is a 
technical amendment for which notice and comment pursuant to the 
Administrative Procedures Act (5 U.S.C. 553) is neither practical nor 
necessary.

Regulatory Impact

    This rule is a technical amendment to remove obsolete regulations 
and, as such, has no substantive effect nor is it subject to review 
under USDA procedures and Executive Order 12866 on Regulatory Planning 
and Review. Accordingly, this rule is not subject to OMB review under 
Executive Order 12866.
    Moreover, good cause exists to exempt this rule from notice and 
comment pursuant to 5 U.S.C. 553 and, therefore, this rule is exempt 
from further analysis under the Unfunded Mandates Reform Act of 1995; 
Executive Order 12778, Civil Justice Reform; Executive Order 12630, 
Takings Implications; or The Paperwork Reduction Act of 1995.

Environmental Impact

    This action falls within a category of actions excluded from 
documentation in an Environmental Impact Statement and an Environmental 
Assessment. Section 31.1b of Forest Service Handbook 1909.15 (57 FR 
43180; September 18, 1992) excludes from documentation in an 
environmental assessment or impact statement ``rules, regulations, or 
policies to establish Service-wide administrative procedures, program 
processes, or instructions.'' The agency's assessment is that this 
final technical rule falls within this category of actions and that no 
extraordinary circumstances exist which would require preparation of an 
environmental assessment or environmental impact statement.

List of Subjects in 36 CFR Part 223

    Exports, Government contracts, National forests, Reporting 
requirements, and Timber sales.

    Therefore, for the reasons set forth in the preamble, Part 223 of 
Title 36 of the Code of Federal Regulations is hereby amended as 
follows:

PART 223--SALE AND DISPOSAL OF NATIONAL FOREST SYSTEM TIMBER

    1. The authority citation for part 223 continues to read as 
follows:

    Authority: 90 Stat. 2958, 16 U.S.C. 472a; 98 Stat. 2213, 16 
U.S.C. 618; 104 Stat. 714-726, 16 U.S.C. 620-620h, unless otherwise 
noted.

Subpart E--[Removed and Reserved]

    2. Remove and reserve Subpart E consisting of sections 223.170-
223.183.

    Dated: June 28, 1996.
David G. Unger,
Associate Chief.
[FR Doc. 96-17443 Filed 7-8-96; 8:45 am]
BILLING CODE 3410-11-M