[Federal Register Volume 62, Number 210 (Thursday, October 30, 1997)]
[Rules and Regulations]
[Pages 58653-58654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28812]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 212


Administration of the Forest Development Transportation System

AGENCY: Forest Service, USDA.

ACTION: Final rule; technical amendment.

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SUMMARY: This technical amendment streamlines Forest Service rules for 
administration of the forest transportation system. This amendment was 
initiated by agency review under the President's Regulatory Reinvention 
Initiative and is intended to provide clearer, more precise direction 
for the administration of the forest development transportation system.

DATES: This rule is effective October 30, 1997.

FOR FURTHER INFORMATION CONTACT: Richard W. Sowa, Engineering Staff, 
Forest Service, USDA, P.O. 96090, Washington, D.C. 20090-6090, (202) 
205-1437.

SUPPLEMENTARY INFORMATION: The purpose of this technical amendment is 
to consolidate direction for the administration of the forest 
development transportation system. The rules formerly under the 
separate sections, headed ``Allocation, Forest development 
transportation plan, and Program of work'' are now consolidated under 
one section, ``Forest development transportation program.''
    Following a review of Forest Service regulations under the 
President's Regulatory Reinvention Initiative, the agency concluded 
that these sections were so closely related that they should be 
combined into one streamlined regulation. Also in keeping with National 
Performance Review objectives of using ``plain English'' in 
regulations, the text of sections 212.3 and 212.4 (now section 212.1 
(b) and (c) has been edited to remove extraneous words. However, no 
substantive changes have been made to the rule. Accordingly, by this 
amendment, the agency is setting out the revised rule in 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 not necessary.

Regulatory Impact

    This rule is a technical amendment to consolidate three small 
sections of an

[[Page 58654]]

existing rule. As such, it has no substantive effect nor is it subject 
to review under USDA procedures or Executive Order 12866 on Regulatory 
Planning and Review. This rule also does not meet the definition of a 
rule subject to Congressional notice and review pursuant to 5 U.S.C. 
801-804.
    Moreover, because good cause exists to exempt this rule from notice 
and comment pursuant to 5 U.S.C. 553, this rule is exempt from further 
analysis under the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-
1538); Executive Order 12778, Civil Justice Reform; Executive Order 
12630, Takings Implications; and the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects in 36 CFR Part 212

    Highways and roads, National forests, Rights-of-way, and 
Transportation.

    Therefore, for the reasons set forth in the preamble, Part 212 of 
Title 36 of the Code of Federal Regulations is hereby amended as 
follows:

PART 212--[AMENDED]

    1. Revise the authority citation for Part 212 to read as follows:

    Authority: 16 U.S.C. 551, 23 U.S.C. 205.
    2. Revise Sec. 212.2 to read as follows:


Sec. 212.2  Forest development transportation program.

    (a) A forest development transportation plan must be prepared for 
each National Forest and experimental forest and other areas under 
Forest Service administration. The plan must be prepared, maintained, 
revised, and reported on in accordance with procedures prescribed by 
the Chief.
    (b) A program of work for the forest development transportation 
system shall be developed each fiscal year in accordance with 
procedures prescribed by the Chief.
    (c) Forest development transportation system funds shall be 
allocated based on consideration of relative needs of the various 
National Forests and other lands administered by the Forest Service, 
the existing transportation facilities, the value of timber or other 
resources served, relative fire danger, and comparative difficulties of 
construction.


Sec. Sec. 212.7 and 212.9  [Amended]

    3. In Secs. 212.7(c) and 212.9(d), remove the reference to 
``Sec. 212.11'' and, in its place, add a reference to ``Sec. 212.9''.


Sec. 212.10  [Amended]

    4. In Sec. 212.10(a)(2), make the following changes:
    a. Remove the reference to ``Sec. 212.9 (b) and (c)'' and, in its 
place, add a reference to ``Sec. 212.7 (b) and (c)''.
    b. Remove the reference to ``Sec. 212.7(c)'' and, in its place, add 
the reference to ``Sec. 212.5(c)''.
    c. Remove the reference to ``Sec. 212.11'' and, in its place, add a 
reference to ``Sec. 212.9''.


Sec. 212.11  [Amended]

    5. In section 212.11(f), remove the reference to ``Sec. 212.7(d)'' 
and, in its place, add the reference to ``Sec. 212.5(d)''.


Secs. 212.3 and 212.4  [Removed]


Secs. 212.5 through 212.12  [Redesignated]

    6. Remove Secs. 212.3 and 212.4 and redesignate Secs. 212.5 through 
212.12 as Secs. 212.3 through 212.10 respectively.


Secs. 212.11 and 212.12  [Reserved]

    7. Reserve Secs. 212.11 and 212.12.

    Dated: October 21, 1997.
Ronald E. Stewart,
Acting Associate Chief.
[FR Doc. 97-28812 Filed 10-29-97; 8:45 am]
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