[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part of Subpart E, are no longer applicable.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
