[Federal Register Volume 61, Number 201 (Wednesday, October 16, 1996)]
[Rules and Regulations]
[Pages 53860-53861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26250]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 5470

[WO-330-1030-02-24 1A]
RIN 1004-AC69


Federal Timber Contract Payment Modification

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule.

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SUMMARY: This final rule removes the regulations on Federal timber 
contract payment modification. This action is necessary because this 
subpart is obsolete since timber sales affected by the Federal Timber 
Contract Payment Modification Act of October 16, 1984 have all been 
terminated.

EFFECTIVE DATE: This rule will take effect November 15, 1996.

FOR FURTHER INFORMATION CONTACT: Frank Bruno, Regulatory Management 
Team, Bureau of Land Management, (202) 452-0352.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures
II. Background and Discussion of Final Rule
III. Procedural Matters

I. Public Comment Procedures

    The existing regulation which this rule removes, 43 CFR part 5470, 
subpart 5475, is obsolete and without purpose. The BLM has determined 
for good cause that notice and public procedure on this rule are 
unnecessary and contrary to the public interest, as the regulation that 
this rule removes contains no current regulatory substance or guidance.

II. Background and Discussion of Final Rule

    43 CFR part 5470, subpart 5475 contains about five pages of 
regulations which do not have any effect. The Federal Timber Contract 
Payment Modification Act, 16 U.S.C. 618, which these regulations were 
written to implement, was requested by some in the timber industry to 
reduce their losses on the purchase of high-priced Federal timber 
incurred after the market took a significant downturn. The Act 
authorized purchasers to terminate contracts upon paying or arranging 
to pay a buy-out charge; whereas prior to this Act purchasers could not 
cancel a contract due to market conditions. The contracts covered by 
this Act were bid prior to January 1, 1982, and held as of June 1, 
1984. The Act no longer applies to any existing contracts. Accordingly, 
43 CFR part 5470, subpart 5475 is obsolete and without any further 
applicability.

III. Procedural Matters

National Environmental Policy Act

    BLM has determined that this final rule makes only technical 
changes to the Code of Federal Regulations by eliminating provisions 
that have no impact on the public and no continued legal relevance. 
Therefore, it is categorically excluded from environmental review under 
section 102(2)(C) of the National Environmental Policy Act, pursuant to 
516 Departmental Manual (DM), Chapter 2, Appendix I, Item 1.10. In 
addition, the final rule does not meet any of the 10 criteria for 
exceptions to categorical exclusion listed in 516 DM, Chapter 2, 
Appendix 2. Pursuant to Council on Environmental Quality regulations 
(40 CFR 1508.4) and the environmental policies and procedures of the 
Department of the Interior, the term ``categorical exclusions'' means a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment and that have been found to 
have no such effect in procedures adopted by a Federal agency and for 
which neither an environmental assessment nor an environmental impact 
statement is required.

Paperwork Reduction Act

    The rule does not contain information collection requirements which 
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 (RFA), 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. The BLM has determined under the 
RFA that this final rule would not have a significant economic impact 
on a substantial number of small entities.

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 rule is not subject to Office of 
Management and Budget review under section 6(a)(3) of the order.

Unfunded Mandates Reform Act

    Pursuant to the requirements of section 205 of the Unfunded 
Mandates Reform Act of 1995 (UMRA), BLM has selected the most cost-
effective and least burdensome alternative that achieves the objectives 
of the rule. Removal of 43 CFR part 5470, subpart 5475 will not result 
in any unfunded mandate to state, local or tribal governments in the 
aggregate, or to the private sector, of $100,000,000 or more in any one 
year.

Executive Order 12612

    The final rule would not have sufficient federalism implications to 
warrant BLM preparation of a Federalism Assessment (FA).

Executive Order 12630

    The final rule does not represent a government action capable of 
interfering 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, BLM has 
determined that the rule would not cause a taking of private property, 
or require further discussion of takings implications under this 
Executive Order.

[[Page 53861]]

Author

    The principal author of this final rule is Frank Bruno, Regulatory 
Management Team, Bureau of Land Management, 1849 C Street, NW., 
Washington, DC 20240; Telephone 202/452-0352.

List of Subjects for 43 CFR Part 5470

    Forests and forest products, Government contracts, Public lands, 
Reporting and record-keeping requirements.

    For the reasons stated in the preamble, and under the authority of 
43 U.S.C. 1740, part 5470, Group 5400, subchapter E, chapter II of 
title 43 of the Code of Federal Regulations is amended as set forth 
below:

PART 5470--CONTRACT MODIFICATION--EXTENSION--ASSIGNMENT

    1. The authority citation for part 5470 is revised to read as 
follows:

    Authority: 30 U.S.C. 601; 43 U.S.C. 1181e and 1740.

    2. Remove subpart 5475.

    Dated: October 2, 1996.
Sylvia V. Baca,
Deputy Assistant Secretary of the Interior.
[FR Doc. 96-26250 Filed 10-15-96; 8:45 am]
BILLING CODE 4310-84-P