[Federal Register: January 4, 2006 (Volume 71, Number 2)]
[Proposed Rules]
[Page 307-309]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ja06-30]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 219
RIN 0596-AC43
National Forest System Land Management Planning
AGENCY: Forest Service, USDA.
ACTION: Notice of proposed rulemaking; request for comment.
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SUMMARY: The Forest Service is proposing a technical change to the
transition language contained in the 2005 planning rule (70 FR 1023;
Jan. 5, 2005). The current transition language
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requires plan revisions initiated after January 5, 2005, to conform to
the requirements in the 2005 planning rule. In response to a court
order affecting only the Tongass National Forest, the proposed
amendment would allow the Tongass National Forest to revise its land
management plan to address the errors identified by the court either
under the 2005 Rule or the planning regulations in effect before
November 9, 2000.
DATES: Comments must be received in writing by February 3, 2006.
Comments received after this date may be considered and placed in the
record at the discretion of the Forest Service.
ADDRESSES: Send written comments to: USDA FS Planning Rule Technical
Amendment, P.O. Box 21628, Juneau, AK 99802-1628, Attn: Cherie Shelley;
via e-mail to planning--rule--technical _amendment@fs.fed.us; or by
facsimile to Planning Rule Technical Amendment Comments at (907) 586-
7852. Comments also may be submitted by following the instructions at
the Federal eRulemaking portal at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov. If
comments are sent by e-mail or facsimile, the public is requested not
to send duplicate comments via regular mail. Please confine comments to
issues pertinent to the proposed rule, explain the reasons for any
recommended changes and, where possible, reference the specific wording
being addressed. All comments, including names and addresses when
provided, are placed in the record and are available for public
inspection and copying. The agency cannot confirm receipt of comments.
Persons wishing to inspect the comments need to call (907) 586-8886 to
facilitate an appointment.
FOR FURTHER INFORMATION CONTACT: Cherie Shelley, Director, Ecosystem
Planning, Alaska Region, Forest Service, USDA at (907) 586-8887, or
Dave Barone, Planning Specialist, Ecosystem Management Coordination
Staff, Forest Service, USDA at (202) 205-1019.
SUPPLEMENTARY INFORMATION:
Background
On January 5, 2005, the Department of Agriculture published a final
planning rule (70 FR 1023) governing the development of land management
plans required by the National Forest Management Act. The 2005 planning
regulations provide for a transition period from the previous planning
regulations (1982 planning rule) to the new regulations (2005 planning
rule). Specifically, Sec. 219.14 of the 2005 planning rule allows
plans to be amended under either the 1982 planning rule or the 2005
planning rule during the transition period; however, newly initiated
revisions may only use the 2005 planning rule.
One of the differences between the 1982 planning rule and the 2005
planning rule is that the former required the development of an
environmental impact statement (EIS) as part of the process to revise a
land management plan. On August 5, 2005, the Ninth Circuit Court of
Appeals issued a decision in Natural Resources Defense Council v. U.S.
Forest Service, 421 F.3d 797, that found errors in the 1997 Final EIS
and Record of Decision for the Tongass Land Management Plan. In its
decision, the court made several statements indicating its intent that
the Forest Service prepare a new EIS for a plan revision addressing the
errors identified by the court. For this unique situation, this
proposed rule will allow the Tongass National Forest to use the 1982
planning rule to revise its plan to meet the expectations of the U.S.
Court of Appeals for the Ninth Circuit.
The Forest Service is seeking public comment on this proposed rule
to amend 36 CFR 219.14(d)(1) to allow the Tongass National Forest to
use either the 1982 planning rule or the 2005 planning rule for its
next revision addressing the court's order.
Regulatory Certifications
Regulatory Impact
This proposed rule has been reviewed under USDA procedures and
Executive Order 12866, Regulatory Planning and Review. It has been
determined that this is not a significant rule. This rule will not have
an annual effect of $100 million or more on the economy nor adversely
affect productivity, competition, jobs, the environment, public health
or safety, nor State or local governments. This rule will not interfere
with an action taken or planned by another agency nor raise new legal
or policy issues. Finally, this action will not alter the budgetary
impact of entitlements, grants, user fees, or loan programs or the
rights and obligations of recipients of such programs. Accordingly,
this proposed rule is not subject to Office of Management and Budget
review under Executive Order 12866.
Proper Consideration of Small Entities
This proposed rule has been considered in light of Executive Order
13272 regarding proper consideration of small entities and the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), which
amended the Regulatory Flexibility Act (5 U.S.C. 601 et. seq.). The
proposed rule would make a technical amendment to the transition
language of the 2005 planning rule, to allow the Tongass National
Forest to use either the current planning regulations or the
regulations in effect before November 9, 2000 for its next land
management plan revision. An initial small entities flexibility
assessment has been made, which indicates that the proposed rule will
impose no additional requirements on the affected public, which
includes small businesses, small not-for-profit organizations, or small
units of government. Accordingly, it has been determined that this
proposed rule will not have a significant economic impact on a
substantial number of small entities as defined by SBREFA.
No Environmental Impact
This proposed rule would allow the Tongass National Forest to use
either the existing planning regulations or the planning regulations in
effect before November 9, 2000 for the next revision of its land
management plan to respond to the court's order. As such, the proposed
rule has no direct and immediate effects regarding the occupancy and
actual use of the Tongass National Forest. Section 31.12 (2) of Forest
Service Handbook 1909.15 (57 FR 43168; 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 instruction.'' The
2005 planning regulations are a Service-wide program process. The
agency's assessment is that this rule falls within this category of
actions and that no extraordinary circumstances exist which would
require preparation of an environmental assessment or an environmental
impact statement.
Energy Effects
This proposed rule has been reviewed under Executive Order 13211 of
May 18, 2001, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use. It has been determined that this
rule does not constitute a significant energy action as defined in the
Executive order. Procedural in nature, this proposed rule would allow
the Tongass National Forest to use either the regulations currently in
place or the planning regulations in effect before November 9, 2000 for
the next revision of its land management plan to respond to the court's
order. This plan is a programmatic document that provides guidance and
information for future project-level resource management
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decisions. The revised plan may designate major rights-of-way corridors
for utility transmission lines, pipelines, and water canals. The
effects of such designations on energy supply, distribution, or use
will be considered at the time such designations are proposed.
Controlling Paperwork Burdens on the Public
This proposed rule does not contain any additional record keeping
or reporting requirements or other information collection requirements
as defined in 5 CFR part 1320 that are not already required by law or
not already approved for use and, therefore, imposes no additional
paperwork burden on the public. Accordingly, the review provisions of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its
implementing regulations at 5 CFR part 1320 do not apply.
Federalism
The agency has considered this proposed rule under the requirements
of Executive Order 13132, Federalism. The agency has made a preliminary
assessment that the rule conforms with the federalism principles set
out in this Executive orders; would not impose any compliance costs on
the States; and would not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Based on comments received on this
proposed rule, the agency will determine if any additional consultation
will be needed with State and local governments prior to adopting a
final rule.
Consultation With Tribal Governments
This proposed rule does not have tribal implications as defined in
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, and, therefore, advance consultation with tribes is not
required.
No Takings Implications
This proposed rule has been analyzed in accordance with the
principles and criteria contained in Executive Order 12630, and it has
been determined that the rule does not pose the risk of a taking of
private property. This proposed rule only allows the Tongass National
Forest to use either the existing planning regulations or the
regulations in effect before November 9, 2000 for its next plan
revision.
Civil Justice Reform
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. The agency has not identified any State or local
laws or regulations that are in conflict with this regulation or that
would impede full implementation of this rule. Nevertheless, in the
event that such a conflict was identified, the proposed rule, if
implemented, would preempt the State or local laws or regulations found
to be in conflict. However, in that case, (1) no retroactive effect
would be given to this proposed rule; and (2) the Department would not
require the parties to use administrative proceedings before parties
may file suit in court challenging its provisions.
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), which the President signed into law on March 22,
1995, the agency has assessed the effects of this proposed rule on
State, local, and Tribal governments and the private sector. This rule
does not compel the expenditure of $100 million or more by any State,
local, or Tribal governments or anyone in the private sector.
Therefore, a statement under section 202 of the act is not required.
List of Subjects in 36 CFR Part 219
Administrative practice and procedure, Environmental impact
statements, Indians, Intergovernmental relations, Forest and forest
products, National forests, Natural resources, Reporting and
recordkeeping requirements, Science and technology.
Therefore, for the reasons set forth in the preamble, the Forest
Service proposes to amend subpart A of part 219 of title 36 of the Code
of Federal Regulations as follows:
PART 219--PLANNING
Subpart A--National Forest System Land Management Planning
1. The authority citation for subpart A continues to read as
follows:
Authority: 5 U.S.C. 301; 16 U.S.C. 1604, 1613.
2. Amend Sec. 219.14 by revising paragraph (d)(1) to read as
follows:
Sec. 219.14 Effective dates and transition.
* * * * *
(d)(1) Plan development and plan revisions initiated after January
5, 2005 must conform to the requirements of this subpart, except that
the plan for the Tongass National Forest may be revised once under this
subpart or the planning regulations in effect before November 9, 2000.
* * * * *
Dated: December 16, 2005.
Dale N. Bosworth,
Chief, USDA Forest Service.
[FR Doc. E5-8245 Filed 1-3-06; 8:45 am]
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