[Federal Register Volume 62, Number 175 (Wednesday, September 10, 1997)]
[Rules and Regulations]
[Pages 47568-47569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23935]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 1810
[WO-420-1050-00-24-1A]
RIN 1004-AC 81
Public Land Records
AGENCY: Bureau of Land Management, Interior.
ACTION: Final rulemaking.
-----------------------------------------------------------------------
SUMMARY: This final rule amends Part 1810 of Title 43 of the Code of
Federal Regulations (CFR) by completely removing Subpart 1813. That
subpart contains general information about public land records and
explains Bureau of Land Management (BLM) practices. Instead, we will
place these internal procedures in information brochures and BLM's
manual system, which is appropriate given the administrative nature of
Subpart 1813.
EFFECTIVE DATE: October 10, 1997.
ADDRESSES: You may send inquiries or suggestions to: Director (630),
Bureau of Land Management, 1849 C Street, NW, Washington, D.C. 20240.
FOR FURTHER INFORMATION CONTACT: Frances Watson, Telephone: 202-452-
5006 (Commercial or FTS).
SUPPLEMENTARY INFORMATION:
I. Background
II. Final Rule as Adopted
III. Responses to Comments
IV. Procedural Matters
I. Background
One of the objectives of President Clinton's regulatory reform
initiative is to eliminate unnecessary regulations from the CFR. To
meet that objective, BLM is removing from the CFR material that
provides general information about public land records and explains BLM
practices. Instead, BLM will provide this information in public
information releases and the BLM Manual, both of which are available to
the public, are more detailed, and can be more easily updated. Removing
this material from the CFR will not deprive the public of any notice,
right, administrative process or information required by law.
The final rule published today is a stage of the rulemaking process
that will culminate in the removal of the regulations in 43 CFR Subpart
1813. This rule was preceded by a proposed rule that was published in
the Federal Register on December 23, 1996 (61 FR 67517). The BLM
invited public comments for 60 days, and received three comments--one
from a petroleum association, one from a county government agency, and
one from a law firm.
II. Final Rule as Adopted
The final rule completely removes 43 CFR subpart 1813, which
contains BLM procedures on maintaining the public land records.
Removing this material is appropriate since it will continue to be
available to the public through other means--informational brochures
and the BLM manual system. The final rule is being published without
change from the December 23, 1996, proposed rule.
III. Responses to Comments
The three comments that we received on the proposed rule expressed
concern about removing 43 CFR subpart 1813. The commenters interpreted
the regulation to mean that BLM will no
[[Page 47569]]
longer maintain the public land records and that those records will no
longer be available for public access in BLM field offices.
In reality, BLM is required by law and administrative practice to
maintain the official public land records. This regulation will neither
change our recordkeeping responsibility nor change public access to
those records in BLM field offices. This regulation will merely remove
procedural material from the CFR and place it in more appropriate
alternative sources--public information releases and the BLM manual
system. For these reasons, the final rule is being published unchanged
from the proposed rule.
IV. Procedural Matters
National Environmental Policy Act of 1969
BLM has prepared an environmental assessment (EA), and has found
that the final rule would not constitute a major Federal action
significantly affecting the quality of the human environment under
section 102(2)(C) of the National Environmental Policy Act of 1969, 42
U.S.C. 4332(2)(C). BLM has placed the EA and the Finding of No
Significant Impact on file in the BLM Administrative Record at the
address specified previously. BLM invites the public to review these
documents by contacting us at the address listed above (see ADDRESSES).
Paperwork Reduction Act
This 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
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. Based on the discussion in the
preamble above, that the regulation will remove unnecessary material
from the CFR, BLM anticipates that this final rule will have no impact
on the public at large. Therefore, BLM has determined under the RFA
that this final rule would not have a significant economic impact on a
substantial number of small entities.
Unfunded Mandates Reform Act of 1995
Removal of 43 CFR 1813 will not result in any unfunded mandate to
State, local, or tribal governments in the aggregate, or to the private
sector, of $100 million or more in any one year.
Executive Order 12612
The final rule will not have a substantial direct effect on the
States, on the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 12612, BLM has determined that this final rule does not have
sufficient federalism implications to warrant preparation of a
Federalism Assessment.
Executive Order 12630
The final rule does not represent a Government action capable of
interfering with constitutionally protected property rights. Therefore,
the Department of the Interior has determined that the rule would not
cause a taking of private property or require further discussion of
takings implications under this Executive Order.
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 final rule is not subject to Office of
Management and Budget review under section 6(a)(3) of the order.
Executive Order 12988
The Department has determined that this rule meets the applicable
standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil
Justice Reform.
Author: The principal author of this rule is Frances Watson, Bureau
of Land Management, 1849 C Street, NW, Washington, D.C. 20240;
Telephone: 202-452-5006 (Commercial or FTS).
List of Subjects in 43 CFR Part 1810
Administrative practice and procedure, Archives and records.
Dated: September 4, 1997.
Bob Armstrong,
Assistant Secretary, Land and Minerals Management.
For the reasons stated in the preamble, and under the authority of
43 U.S.C. 1740, part 1810 of Title 43 of the Code of Federal
Regulations is amended as set forth below:
PART 1810--INTRODUCTION AND GENERAL GUIDANCE
1. The authority for Part 1810 is revised to read:
Authority: 43 U.S.C. 1740.
Subpart 1813--[Removed]
2. Subpart 1813 is removed.
[FR Doc. 97-23935 Filed 9-9-97; 8:45 am]
BILLING CODE 4310-84-P
