96-20950. Patent Preparation and Issuance

[Federal Register Volume 61, Number 160 (Friday, August 16, 1996)]
[Proposed Rules]
[Pages 42579-42580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20950]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Subpart 1862

[WO-350-1220-00-24 1A]
RIN 1004-AC88


Patent Preparation and Issuance

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Bureau of Land Management (BLM) proposes to remove in its 
entirety Subpart 1862 of Title 43 of the Code of Federal Regulations 
(CFR). This subpart is unnecessary because it has no requirements with 
which the public must comply. Rather, it contains internal instructions 
on preparing and issuing patents, which properly should be in manuals 
and handbooks. BLM plans to place these procedures in manuals and 
handbooks, as appropriate, and they will be available for public 
review.

DATES: Submit comments by September 16, 1996. BLM may not consider 
comments received or postmarked after this date in preparing the final 
rule.

ADDRESSES: Commenters may hand-deliver comments to the Bureau of Land 
Management, Administrative Record, Room 401, 1620 L St., NW, 
Washington, DC, or mail comments to the Bureau of Land Management, 
Administrative Record, Room 401LS, 1849 C Street, NW, Washington, DC 
20240. Commenters may transmit comments electronically via the Internet 
to: [email protected] [For Internet, please include 
``Attn: AC88'', your name, and return address in your message].
    Comments will be available for public review at the L Street 
address during regular business hours from 7:45 a.m. to 4:15 p.m., 
Monday through Friday, except Holidays.

FOR FURTHER INFORMATION CONTACT:
Vanessa Engle, [phone].

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures
II. Discussion of Proposed Rule
III. Procedural Matters

I. Public Comment Procedures

    Written comments on the proposed rule should be specific, focus on 
issues pertinent to the proposed rule, and explain the reason for any 
recommended change. BLM may not necessarily consider or include in the 
Administrative Record for the final rule comments received after the 
close of the comment period (see DATES) or delivered to an address 
other than the one listed above (see ADDRESSES).

II. Discussion of Proposed Rule

    The existing regulations at 43 CFR 1862 provide procedures for 
preparing and issuing patents. There are no requirements in this 
subpart with which the public must comply. The procedures are strictly 
internal instructions which are appropriate for manuals and handbooks. 
For this reason, BLM proposes to remove Subpart 1862 from 43 CFR and 
place the material in handbooks and manuals. This action is part of 
BLM's continuing effort to eliminate unnecessary and inappropriate 
regulations.

III. Procedural Matters

    We have determined that the proposed rule is not a major Federal 
action significantly affecting the quality of the human environment 
and, therefore, an environmental impact

[[Page 42580]]

statement under Section 102(2)(C) of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4331(2)(C)) is not required.

Paperwork Reduction Act

    The proposed rule does not contain information collection 
requirements that the Office of Management and Budget must approve 
under 44 U.S.C. 3501 et seq.

Regulatory Flexibility Act

    BLM has determined that the proposed rule will not have a 
significant economic effect on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act of 1995

    This proposed rule does not include any Federal mandate that may 
result in increased expenditures of $100 million in any one year by 
State, local, or tribal governments, or by the private sector. 
Therefore, a Section 202 statement under the Unfunded Mandates Reform 
Act is not required.

Executive Order 12612

    BLM has analyzed this rule under the principles and criteria in 
Executive Order 12612 and has determined that the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.

Executive Order 12630

    BLM certifies that the rule does not represent a governmental 
action capable of interference with constitutionally protected property 
rights. Thus, a Taking Implication Assessment need not be prepared 
under Executive Order 12630, ``Government Action and Interference with 
Constitutionally Protected Property Rights.''

Executive Order 12866

    The proposed rule does not meet the criteria for a significant rule 
requiring review by the Office of Management and Budget under Executive 
Order 12866 (Regulatory Planning and Review).

Author

    The principal author of this rule is Vanessa Engle, Use 
Authorization Team, [phone], assisted by Frances Watson, 
Regulatory Management Team, [phone].

List of Subjects in 43 CFR Subpart 1862

    Administrative practice and procedure, Public lands.

    For the reasons stated in the preamble and under the authority of 
43 U.S.C. 1740, it is proposed to remove Subpart 1862 of Title 43 of 
the Code of Federal Regulations.

SUBPART 1862--PATENT PREPARATION AND ISSUANCE [REMOVED]

    Dated: August 7, 1996.
Sylvia V. Baca,
Deputy Asst. Secretary, Land and Minerals Management.
[FR Doc. 96-20950 Filed 8-15-96; 8:45 am]
BILLING CODE 4310-84-M