97-28812. Administration of the Forest Development Transportation System  

  • [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]
    BILLING CODE 3410-11-M
    
    
    

Document Information

Effective Date:
10/30/1997
Published:
10/30/1997
Department:
Forest Service
Entry Type:
Rule
Action:
Final rule; technical amendment.
Document Number:
97-28812
Dates:
This rule is effective October 30, 1997.
Pages:
58653-58654 (2 pages)
PDF File:
97-28812.pdf
CFR: (4)
36 CFR Sec
36 CFR 212.2
36 CFR 212.10
36 CFR 212.11