[Federal Register: August 21, 2001 (Volume 66, Number 162)]
[Rules and Regulations]
[Page 43778-43779]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au01-10]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 211
Appeal of Decisions Concerning the National Forest Service;
Removal of Outdated Rules
AGENCY: Forest Service, USDA.
ACTION: Final rule.
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SUMMARY: This final rule removes from the Code of Federal Regulations
the rules on Appeal of Decisions Concerning the National Forest System.
These rules, which contain termination dates that are long past, are
obsolete and have been suspended by the rules on appeal procedures for
National Forest System Projects and Actions. The presence of the
obsolete rules in the Code of Federal Regulations is causing public
confusion about which rules to follow in filing appeals.
DATES: This rule is effective August 21, 2001.
ADDRESSES: Written inquiries about this rule may be sent to the
Director, Ecosystem Management Coordination Staff, Forest Service,
USDA, P.O. Box 96090, Washington, DC 20090-6090.
FOR FURTHER INFORMATION CONTACT: Gary Wetterberg, Forest Service, USDA;
Telephone (202) 205-0917.
SUPPLEMENTARY INFORMATION: The rule governing administrative appeals of
Forest Service decisions at 36 CFR part 211, subpart B, consist of
three sections. Section 211.16 concerns appeal of resource recovery and
rehabilitation decisions resulting from natural catastrophes. Its
procedures do not apply to any appeal received after February 22, 1989
(36 CFR 211.16(o)). Section 211.17 concerns appeal of decisions to
reoffer returned or defaulted timber sales on National Forests. Its
procedures do not apply to any decision signed on or after September
13, 1991 (36 CFR 211.17(q)). Section 211.18 concerns appeal of
decisions of forest officers made prior to February 21, 1989 (36 CFR
211.18)(s)).
The processes for appealing National Forest System decisions as
established in 36 CFR 211.16 and 211.18 were superseded on January 23,
1989, by adoption of the rules at 36 CFR parts 217 and 251 (54 FR
3342). The rules at 36 FR part 217 offered the public a process for the
administrative appeal of decisions relating to land and resource
management plans, projects, and activities. The rule at 36 FR part 251,
subpart C, was, and continues to be, limited to appeal of decisions
regarding written instruments authorizing occupancy and use of National
Forest System Lands. At the time these new rules were adopted, the
Department made corollay amendments to Sec. 211.16 and 211.18 (54 FR
3342) to make clear they were not applicable to decisions rendered
after February 21 and February 22, 1989, respectively. Subsequently,
the remaining appeal rule at 36 CFR 211.17 was amended to apply only to
decisions signed before September 13, 1991 (56 FR 46549).
Some individuals and groups seeking to appeal Forest Service
decisions have become confused by the presence of the now outdated and
superseded rules at 36 CFR part 211, subpart B. As recently as March
29, 2001, and April 2, 2001, citizens filed a request for second level
review of project of decisions on the Plumas National Forest pursuant
to 36 CFR 211.18. In spite of the time and effort the appellants spent
drafting their appeals, the Forest Service could not provide the second
level reviews requested, because they were filed pursuant to
regulations long since terminated. The appellants apparently did not
notice the termination date in paragraph (q) of Sec. 211.18 and were
unaware of the fact that the decisions they sought to appeal were
subject to the appeal process in 36 CFR part 215 adopted November 4,
1993 (58 FR 58910).
Therefore, it is in the public interest to remove from the Code of
Federal Regulations the obsolete rules at 36 CFR part 211, subpart B,
in order to reduce public confusion. However, it should be noted that
the removal of this rule will not alter conditions of any settlement
agreement with appellants reached under the provisions of the rules at
36 CFR part 211, subpart B.
Regulatory Certifications
Regulatory Impact
This is not a significant rule. The rule will not have an annual
effect of $100 million or more on the economy, or adversely affect
productivity, competition, jobs, the environment, public health or
safety, or State or local governments. It will not interfere with an
action taken or planned by another agency, or raise new legal or policy
issues. Finally, the rule will not alter the budgetary impacts of
entitlements, grants, user fees, or loan programs or the rights and
obligations of recipients of such programs. Accordingly, the rule is
not subject to Office of Management and Budget (OMB) review under
Executive Order 12866. Moreover, this rule has been considered in light
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This rule
will not have a significant economic impact on a substantial number of
small entities as defined by the Act. This rule will not impose
recordkeeping requirements; will not affect their competitive position
in relation to large entities; and will not affect their cash flow,
liquidity, or ability to remain in the market.
Environmental Impact
This rule has no direct or indirect effect on the environment.
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.
No Takings Implications
This rule has been analyzed in accordance with the principles and
criteria contained in Executive Order
[[Page 43779]]
12360, and it has been determined that the rule will not pose the risk
of a taking of private property, as the rule serves only to clarify
appeals procedures by removing outdated information.
Civil Justice Reform
This rule has been reviewed under Executive order 12988, Civil
Justice Reform. It (1) does not preempt State and local laws and
regulations that conflict with or impede its full implementation; (2)
has no retroactive effect; and (3) will not require administrative
proceedings.
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 Department has assessed the effects of this rule on State,
local, and tribal governments and the private sector. This rule will
not compel the expenditure of $100 million or more by any State, local,
or tribal government or anyone in the private sector. Therefore, a
statement under section 202 of the Act is not required.
Federalism and Consultation and Coordination With Tribal Governments
The Department has considered this rule under the requirements of
Executive Orders 12612 and 13132 and concluded that the rule does 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.
Therefore, the Department has determined that no further assessment of
federalism implications is necessary at this time.
Moreover, this rule does not have tribal implications as defined in
Executive order 13175 and, therefore, advance consultation with tribes
is not required.
Controlling Paperwork Burdens on the Public
This rule does not contain any recordkeeping or reporting
requirements or other information collection requirements as defined in
5 CFR part 1320. In fact, the removal of the obsolete rules may serve
to reduce paperwork, as people are less likely to attempt to use these
invalid processes for appeals. Accordingly, the review provisions of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and
implementing regulations at 5 CFR part 1320 do not apply.
Energy Effects
This final rule has been reviewed under Executive order 13211 of
May 18, 2001, and it has been determined that this rule has no effect
on the supply, distribution, or use of energy. This rule is a
ministerial act to remove from the Code of Federal Regulations, rules
which have, by their own terms, expired. Therefore, the preparation of
a statement of energy effects is not required.
List of Subjects in 36 CFR Part 211
Administrative practice and procedure, Fire prevention,
Intergovernmental relations, National forests.
Therefore, for the reasons set forth in the preamble, part 211 of
Title 36, Code of Federal Regulations is amended as follows:
PART 211--ADMINISTRATION
1. The authority citation for part 211 continues to read as
follows:
Authority: 16 U.S.C. 472, 498, 551.
Subpart B--[Removed and Reserved]
2. Subpart B consisting of Secs. 211.16 through 211.18 is removed
and reserved.
Dated: July 5, 2001.
Dale N. Bosworth,
Chief.
[FR Doc. 01-20088 Filed 8-20-01; 8:45 am]
BILLING CODE 3410-11-U
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