Sale and Disposal of National Forest System Timber; Timber Sale Contracts; Purchaser Elects Government Road Construction, 11508-11510 [06-2161]

Download as PDF 11508 Federal Register / Vol. 71, No. 45 / Wednesday, March 8, 2006 / Rules and Regulations described in § 223.82(b)’’ and the previous inclusion of (a)(17)(ii) is removed because there is no change to the prior rule. The preamble and the regulatory certifications are also revised as appropriate. Additionally, this publication contains a Good Cause Statement, which explains the Forest Service’s decision to publish this direct final rule without notice and comment. DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 223 RIN 0596–AC40 Sale and Disposal of National Forest System Timber; Timber Sale Contracts; Purchaser Elects Government Road Construction Forest Service, USDA. Direct final rule; correcting amendment. AGENCY: erjones on PROD1PC68 with RULES ACTION: SUMMARY: This rule corrects the direct final rule published on January 4, 2006. This final rule amends the current regulation in order to make it consistent with section 329 of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (‘‘Act’’) and section 105 of the Tongass Timber Reform Act (‘‘TTRA’’). Section 329 of the Act placed certain restrictions and requirements upon the Secretary of Agriculture (‘‘Secretary’’) pertaining to the construction of roads for the sale of National Forest timber and other forest products. As of the effective date of the section, April 1, 1999, the Forest Service implemented necessary changes to the timber sale program and revised the Forest Service Manual and Handbook. However, revisions to relevant sections of the Code of Federal Regulations were not made. This final rule makes technical amendments to the subpart to make it consistent with section 329. Additionally, this final rule revises Subpart B to make it consistent with section 105 of the TTRA, which eliminated a restriction applicable to timber sales on National Forest lands in the State of Alaska. DATES: This final rule is effective March 8, 2006. FOR FURTHER INFORMATION CONTACT: Lathrop Smith, Forest Management Staff, at (202) 205–0858, or Richard Fitzgerald, Forest Management Staff, (202) 205–1753. SUPPLEMENTARY INFORMATION: On January 4, 2006, the Forest Service published a direct final rule making minor, technical changes to 36 CFR part 223, subpart B (71 FR 522). This publication corrects that rule by republishing it with the following necessary modifications on page 523, in the second column: In § 223.41, the word ‘‘will’’ is replaced by ‘‘shall.’’ In § 223.82, the phrase ‘‘a total estimated value’’ is changed to ‘‘total estimated construction costs.’’ In § 223.83, enumerated paragraph (a)(16) is revised by removing the phrase ‘‘for each sale VerDate Aug<31>2005 15:23 Mar 07, 2006 Jkt 208001 Background The sale of National Forest timber or other forest products often involves the construction of roads necessary to access the land covered by the sale. If a particular sale requires road construction, then the Forest Service specifies this component in the notice of sale and offers further information to potential bidders in the prospectus. Road construction costs can be significant, especially for smaller timber purchasers. Under section 14(i) of the National Forest Management Act of 1976 (Pub. L. 94–588), a purchaser that qualified as a ‘‘small business concern’’ under the Small Business Act (15 U.S.C. 631, et seq.) had the right to elect to have the Forest Service build the roads specified in the notice of sale, if the estimated cost of such roads exceeded $20,000. Section 329(c) of the Act (16 U.S.C. 535a(c)) essentially re-enacted existing law, but raised the monetary threshold to $50,000 or more. Because 36 CFR part 223, subpart B reflects the previous monetary threshold of $20,000, revisions are necessary to make the regulation consistent with the higher threshold contained in the Act. Accordingly, this final rule revises 36 CFR 223.41 and 36 CFR 223.82 to reflect construction costs of $50,000 or more. Under prior law, the foregoing right to elect road construction by the Forest Service was inapplicable to timber sales on National Forest lands in the State of Alaska. However, section 105 of the TTRA eliminated this restriction. Because the existing regulation contains the obsolete restriction, revision is necessary. This final rule deletes the restriction from 36 CFR 223.82. This final rule also revises certain sections of 36 CFR part 223, subpart B that refer or relate to purchaser credit. Section 329(a) of the Act (16 U.S.C. 535a(a)) eliminated purchaser credit, prospectively, by prohibiting the Secretary from providing effective credit for road construction to any purchaser as of April 1, 1999 (the effective date of the section). Accordingly, as of April 1, 1999, the Forest Service discontinued the use of purchaser credit for appraised value determinations and in timber sale contracts. This was accomplished by making changes in Forest Service PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Manual and Handbook procedures and by eliminating timber sale contract references on all sales after that date. However, corresponding revisions to 36 CFR part 223, subpart B were not made. Accordingly, this final rule eliminates references to purchaser credit contained in 36 CFR 223.82(b) and 36 CFR 223.83(a) and in the heading of 36 CFR 223.84. Additionally, this final rule revises 36 CFR 223.63 to reflect the Forest Service’s method of determining the appraised value for a sale in light of the elimination of purchaser credit. (Estimated road construction costs are factored into the appraised value for the sale.) It is important to note that this final rule intentionally does not revise, or eliminate all sections of Subpart B that refer or relate to purchaser credit. Because of a savings provision contained at section 329(g)(2) of the Act (16 U.S.C. 535a(g)(2)), the prohibition of purchaser road credit did not eliminate effective credit earned under a contract resulting from a sale noticed before the section’s effective date, or credit otherwise earned before such date. Accordingly, the regulation retains references that may be useful for administering purchaser credit that exists by virtue of the savings provision. Good Cause Statement The Administrative Procedure Act (‘‘APA’’) exempts certain rulemakings from its public notice and comment requirements. For example, the APA allows agencies to promulgate rules without public notice and comment when an agency, for good cause, finds that notice and public comment are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ (5 U.S.C. 553(b)(3)(B)). The Department finds that good cause exists to exempt this rulemaking from public notice and comment pursuant to 5 U.S.C. 553(b)(3)(B). First, this action makes only minor and purely technical changes to existing regulations. Second, the modifications made in this final rule are mandated by enactment of section 329 of the Act and section 105 of the TTRA and the Department has no discretion in implementing them. This final rule merely updates 36 CFR part 223, subpart B to comply with the terms of law and removes certain obsolete references to purchaser credit. Accordingly, the Department finds that good cause exists and that public notice and comment are unnecessary pursuant to 5 U.S.C. 553(b)(3)(B). E:\FR\FM\08MRR1.SGM 08MRR1 Federal Register / Vol. 71, No. 45 / Wednesday, March 8, 2006 / Rules and Regulations Regulatory Certifications erjones on PROD1PC68 with RULES Regulatory Impact This final rule has been reviewed under USDA procedures and Executive Order 12866 on Regulatory Planning and Review. It has been determined that this rule is not a significant regulatory action and is not subject to Office of Management and Budget (‘‘OMB’’) review. The technical revisions of 36 CFR part 223, subpart B accomplished through this rule will not have an annual effect of $100 million or more on the economy. This rule will not adversely affect the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities. This rule will not interfere with an action taken or planned by another agency, but could raise new legal or policy issues; however, these legal and policy issues are not likely to be significant. Financial relationships between the Government and timber sale purchasers will not be changed by this rule and benefits from timber sale harvests to State and local governments will not change. 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. As noted above, this rule makes only minor, technical changes to achieve consistency with section 329 of the Act, section 105 of the TTRA, and current Forest Service Handbook and Manual procedures that were implemented as of April 1, 1999 and that did not, at that time, require OMB review. Accordingly, this final rule is not subject to OMB review under Executive Order 12866. Regulatory Flexibility Act This final rule has been considered in light of the Regulatory Flexibility Act (5 U.S.C. 601, et seq.), and it is hereby certified that this action will not have a significant economic impact on a substantial number of small entities, as defined by that Act. Under Forest Service Manual and Handbook procedures implemented in response to section 329 of the Act, timber purchasers finance permanent road construction prior to the harvest (except in the case where a qualified small business concern elects Forest Service construction). Because road construction costs are factored into the appraised value for the sale, purchasers recover their road construction expenditures as they pay for harvested timber. This rule makes only technical changes to achieve consistency with section 329 of the Act, section 105 of the VerDate Aug<31>2005 15:23 Mar 07, 2006 Jkt 208001 11509 TTRA, and current Forest Service procedures. proceedings before parties may file suit in court challenging its provisions. Unfunded Mandates Reform Controlling Paperwork Burdens on the Public The minor, technical revision accomplished through this final rule does not contain or establish any record keeping or reporting requirements or other information collection requirements, as defined in 5 CFR part 1320, and, therefore, imposes no paperwork burden on the public. Accordingly, the review provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and the implementing regulations at 5 CFR part 1320 do not apply. 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 final 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 government or anyone in the private sector. Therefore, a statement under section 202 of the Act is not required. Environmental Impact This final rule accomplishes minor, technical changes to 36 CFR part 223, subpart B to make the regulation consistent with section 329 of the Act, section 105 of the TTRA, and current Forest Service procedures. Thus, it has no direct effect on the amount, manner, or location of timber sale road construction. 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.’’ 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 environmental impact statement. No Takings Implications This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 12630. It has been determined that the rule does not pose the risk of a taking of Constitutionally-protected private property. There are no Constitutionallyprotected private property rights to be affected because this rule will not alter or affect existing timber sale contracts. Any new contract provisions would be used only prospectively in new contracts. Federalism The Agency has considered this final rule under the requirements of Executive Order 13132, Federalism, and Executive Order 12875, Government Partnerships. The Agency has made a preliminary assessment that the rule conforms with the federalism principles set out in these 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 rule, the Agency will consider if any additional consultations will be needed with the State and local governments. Energy Effects This final rule has been reviewed under Executive Order 13211, ‘‘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. Civil Justice Reform Consultation and Coordination With Indian Tribal Governments This final rule does not have tribal implications as defined by Executive Order 13175, Consultation and Coordination With Indian Tribal Governments, and, therefore, advance consultation with tribes is not required. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. If this rule were adopted: (1) All State and local laws and regulations that are in conflict with this rule or which would impede its full implementation would be preempted; (2) no retroactive effect may be given to this rule; and (3) it does not require administrative List of Subjects in 36 CFR Part 223 Administrative practice and procedure, Exports, Forests and forest products, Government contracts, Highways and roads, National forests, Public lands, Reporting and record keeping, and Transportation. I For the reasons set forth in the preamble, part 223 of Title 36 of the PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\08MRR1.SGM 08MRR1 11510 Federal Register / Vol. 71, No. 45 / Wednesday, March 8, 2006 / Rules and Regulations Code of Federal Regulations is amended as follows: PART 223—SALE AND DISPOSAL OF NATIONAL FOREST SYSTEM TIMBER Subpart B—Timber Sale Contracts advertised value, that is, the amount by which the advertised value exceeds the appraised value. * * * * * I 6. Amend § 223.84 by revising the section heading to read as follows: 1. The Authority citation for part 223 continues to read as follows: Authority: 90 Stat. 2958, 16 U.S.C. 472a; 98 Stat. 2213; 16 U.S.C. 618, 104 Stat. 714–726, 16 U.S.C. 620–620j, unless otherwise noted. § 223.84 Small business bid form provisions on sales with specified road construction. * I I 2. Revise § 223.41 to read as follows: § 223.41 Payment when purchaser elects government road construction. Each contract having a provision for construction of specified roads with total estimated construction costs of $50,000 or more shall include a provision to ensure that if the purchaser elects government road construction, the purchaser shall pay, in addition to the price paid for the timber or other forest products, an amount equal to the estimated cost of the roads. I 3. Revise § 223.63 to read as follows: § 223.63 Advertised rates. Timber shall be advertised for sale at its appraised value. The road construction cost used to develop appraised value means the total estimated cost of constructing all permanent roads specified in the timber sale contract, estimated as if construction is to be accomplished by the timber purchaser. The advertised rates shall be not less than minimum stumpage rates, except that sales of insect-infested, diseased, dead, or distressed timber may be sold at less than minimum rates when harvest of such timber is necessary to protect or improve the forest or prevent waste of usable wood fiber. I 4. Revise § 223.82 (b) introductory text to read as follows: § 223.82 Contents of advertisement. * * * * * (b) For each timber sale which includes specified road construction with total estimated construction costs of $50,000 or more, the advertisement shall also include: * * * * * I 5. Amend § 223.83 by revising paragraphs (a)(16) and (a)(17)(i) to read as follows: erjones on PROD1PC68 with RULES § 223.83 Contents of prospectus. (a) * * * (16) The estimated road construction cost and the estimated public works construction cost. (17) For deficit sales: (i) An estimate of the difference between fair market value and VerDate Aug<31>2005 15:23 Mar 07, 2006 Jkt 208001 * * * * Dated: March 2, 2006. Dale N. Bosworth, Chief. [FR Doc. 06–2161 Filed 3–7–06; 8:45 am] BILLING CODE 3410–11–P DEPARTMENT OF COMMERCE 37 CFR Part 404 [Docket No. 040305084–5095–02] RIN 0692–AA19 Assistant Secretary for Technology Policy; Licensing of Government Owned Inventions Assistant Secretary for Technology Policy, Department of Commerce (DOC). ACTION: Final rule. AGENCY: SUMMARY: The Assistant Secretary for Technology Policy, DOC issues this final rule with respect to the granting of licenses by Federal agencies on Federally owned inventions. This rule is intended to incorporate changes made by the Technology Transfer Commercialization Act of 2000 and streamlines the licensing procedures to focus primarily on statutory requirements. This final rule responds to comments received in response to a proposed rule published on January 7, 2005 (70 FR 1403). DATES: This rule is effective on April 7, 2006. FOR FURTHER INFORMATION CONTACT: Mr. John Raubitschek, Patent Counsel, at telephone: (202) 482–8010 and e-mail: JRaubits@doc.gov. Under the authority of 35 U.S.C. 208 and the delegation by the Secretary of Commerce in section 3(d)(3) of DOO 10– 18, the Assistant Secretary of Commerce for Technology Policy may issue revisions to 37 CFR part 401. SUPPLEMENTARY INFORMATION: Background The Technology Transfer Commercialization Act of 2000 (TTCA) made several changes to the law for licensing Government-owned inventions in 35 U.S.C. 207 and 209, PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 which are implemented in this rule. This rule also streamlines the licensing procedures to focus primarily on statutory requirements. DOC published a proposed rule in the Federal Register on January 7, 2005 (70 FR 1403) seeking public comment on changes to §§ 404.1, 404.3, 404.4, 404.5, 404.6, 404.7, 404.9, 404.10, 404.11, 404.12 and 404.14. The comment period closed on February 7, 2005. The basis for this rulemaking was described in the preamble to the proposed rule and is not repeated here. Summary of Public Comments Received by DOC in Response to the January 7, 2005 Proposed Rule and DOC’s Response to Those Comments DOC received seven responses to the request for comments. Four responses were from Federal government agencies. One was from a not-for-profit institution and two were from private individuals. Several responses made more than one comment. An analysis of the comments follows. Comment: One comment suggested adding ‘‘formal’’ before ‘‘patent disputes’’ in § 404.1(c) to narrow the exemption from the licensing requirements in Part 404. Response: DOC doubts that an agency will use this exemption to resolve a trivial or contrived dispute. Further, the addition of the word ‘‘formal’’ may not avoid this problem. Comment: One comment suggested adding ‘‘,for example’’ after ‘‘protectable’’ in § 404.3(a). Response: This definition is taken from 35 U.S.C. 201(d) and should remain as written for the sake of consistency. Comment: Two comments noted a typographical error in § 404.5(a)(2) that ‘‘license’’ should be ‘‘licensee.’’ Response: DOC agrees with the comments and has made the suggested change. Comment: One comment suggested replacing ‘‘However’’ in 404.5(a)(2) with ‘‘For example.’’ Response: No change has been made in response to this comment. The stated bases for waiving the domestic manufacturing requirement are not merely examples but the only reasons for the agency making the waiver. Comment: One comment was concerned that § 404.5(a)(2) required an agency to find one or more companies which would refuse a license with the domestic manufacturing requirement in order to grant a waiver of such a requirement. The comment suggested adding ‘‘or no such candidates are known.’’ Response: The waiver language was taken from 35 U.S.C. 204, which has E:\FR\FM\08MRR1.SGM 08MRR1

Agencies

[Federal Register Volume 71, Number 45 (Wednesday, March 8, 2006)]
[Rules and Regulations]
[Pages 11508-11510]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2161]



[[Page 11508]]

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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 223

RIN 0596-AC40


Sale and Disposal of National Forest System Timber; Timber Sale 
Contracts; Purchaser Elects Government Road Construction

AGENCY: Forest Service, USDA.

ACTION: Direct final rule; correcting amendment.

-----------------------------------------------------------------------

SUMMARY: This rule corrects the direct final rule published on January 
4, 2006. This final rule amends the current regulation in order to make 
it consistent with section 329 of the Omnibus Consolidated and 
Emergency Supplemental Appropriations Act, 1999 (``Act'') and section 
105 of the Tongass Timber Reform Act (``TTRA''). Section 329 of the Act 
placed certain restrictions and requirements upon the Secretary of 
Agriculture (``Secretary'') pertaining to the construction of roads for 
the sale of National Forest timber and other forest products. As of the 
effective date of the section, April 1, 1999, the Forest Service 
implemented necessary changes to the timber sale program and revised 
the Forest Service Manual and Handbook. However, revisions to relevant 
sections of the Code of Federal Regulations were not made. This final 
rule makes technical amendments to the subpart to make it consistent 
with section 329. Additionally, this final rule revises Subpart B to 
make it consistent with section 105 of the TTRA, which eliminated a 
restriction applicable to timber sales on National Forest lands in the 
State of Alaska.

DATES: This final rule is effective March 8, 2006.

FOR FURTHER INFORMATION CONTACT: Lathrop Smith, Forest Management 
Staff, at (202) 205-0858, or Richard Fitzgerald, Forest Management 
Staff, (202) 205-1753.

SUPPLEMENTARY INFORMATION: On January 4, 2006, the Forest Service 
published a direct final rule making minor, technical changes to 36 CFR 
part 223, subpart B (71 FR 522). This publication corrects that rule by 
republishing it with the following necessary modifications on page 523, 
in the second column: In Sec.  223.41, the word ``will'' is replaced by 
``shall.'' In Sec.  223.82, the phrase ``a total estimated value'' is 
changed to ``total estimated construction costs.'' In Sec.  223.83, 
enumerated paragraph (a)(16) is revised by removing the phrase ``for 
each sale described in Sec.  223.82(b)'' and the previous inclusion of 
(a)(17)(ii) is removed because there is no change to the prior rule. 
The preamble and the regulatory certifications are also revised as 
appropriate. Additionally, this publication contains a Good Cause 
Statement, which explains the Forest Service's decision to publish this 
direct final rule without notice and comment.

Background

    The sale of National Forest timber or other forest products often 
involves the construction of roads necessary to access the land covered 
by the sale. If a particular sale requires road construction, then the 
Forest Service specifies this component in the notice of sale and 
offers further information to potential bidders in the prospectus. Road 
construction costs can be significant, especially for smaller timber 
purchasers. Under section 14(i) of the National Forest Management Act 
of 1976 (Pub. L. 94-588), a purchaser that qualified as a ``small 
business concern'' under the Small Business Act (15 U.S.C. 631, et 
seq.) had the right to elect to have the Forest Service build the roads 
specified in the notice of sale, if the estimated cost of such roads 
exceeded $20,000. Section 329(c) of the Act (16 U.S.C. 535a(c)) 
essentially re-enacted existing law, but raised the monetary threshold 
to $50,000 or more. Because 36 CFR part 223, subpart B reflects the 
previous monetary threshold of $20,000, revisions are necessary to make 
the regulation consistent with the higher threshold contained in the 
Act. Accordingly, this final rule revises 36 CFR 223.41 and 36 CFR 
223.82 to reflect construction costs of $50,000 or more.
    Under prior law, the foregoing right to elect road construction by 
the Forest Service was inapplicable to timber sales on National Forest 
lands in the State of Alaska. However, section 105 of the TTRA 
eliminated this restriction. Because the existing regulation contains 
the obsolete restriction, revision is necessary. This final rule 
deletes the restriction from 36 CFR 223.82.
    This final rule also revises certain sections of 36 CFR part 223, 
subpart B that refer or relate to purchaser credit. Section 329(a) of 
the Act (16 U.S.C. 535a(a)) eliminated purchaser credit, prospectively, 
by prohibiting the Secretary from providing effective credit for road 
construction to any purchaser as of April 1, 1999 (the effective date 
of the section). Accordingly, as of April 1, 1999, the Forest Service 
discontinued the use of purchaser credit for appraised value 
determinations and in timber sale contracts. This was accomplished by 
making changes in Forest Service Manual and Handbook procedures and by 
eliminating timber sale contract references on all sales after that 
date. However, corresponding revisions to 36 CFR part 223, subpart B 
were not made. Accordingly, this final rule eliminates references to 
purchaser credit contained in 36 CFR 223.82(b) and 36 CFR 223.83(a) and 
in the heading of 36 CFR 223.84. Additionally, this final rule revises 
36 CFR 223.63 to reflect the Forest Service's method of determining the 
appraised value for a sale in light of the elimination of purchaser 
credit. (Estimated road construction costs are factored into the 
appraised value for the sale.)
    It is important to note that this final rule intentionally does not 
revise, or eliminate all sections of Subpart B that refer or relate to 
purchaser credit. Because of a savings provision contained at section 
329(g)(2) of the Act (16 U.S.C. 535a(g)(2)), the prohibition of 
purchaser road credit did not eliminate effective credit earned under a 
contract resulting from a sale noticed before the section's effective 
date, or credit otherwise earned before such date. Accordingly, the 
regulation retains references that may be useful for administering 
purchaser credit that exists by virtue of the savings provision.

Good Cause Statement

    The Administrative Procedure Act (``APA'') exempts certain 
rulemakings from its public notice and comment requirements. For 
example, the APA allows agencies to promulgate rules without public 
notice and comment when an agency, for good cause, finds that notice 
and public comment are ``impracticable, unnecessary, or contrary to the 
public interest.'' (5 U.S.C. 553(b)(3)(B)).
    The Department finds that good cause exists to exempt this 
rulemaking from public notice and comment pursuant to 5 U.S.C. 
553(b)(3)(B). First, this action makes only minor and purely technical 
changes to existing regulations. Second, the modifications made in this 
final rule are mandated by enactment of section 329 of the Act and 
section 105 of the TTRA and the Department has no discretion in 
implementing them. This final rule merely updates 36 CFR part 223, 
subpart B to comply with the terms of law and removes certain obsolete 
references to purchaser credit. Accordingly, the Department finds that 
good cause exists and that public notice and comment are unnecessary 
pursuant to 5 U.S.C. 553(b)(3)(B).

[[Page 11509]]

Regulatory Certifications

Regulatory Impact

    This final rule has been reviewed under USDA procedures and 
Executive Order 12866 on Regulatory Planning and Review. It has been 
determined that this rule is not a significant regulatory action and is 
not subject to Office of Management and Budget (``OMB'') review. The 
technical revisions of 36 CFR part 223, subpart B accomplished through 
this rule will not have an annual effect of $100 million or more on the 
economy. This rule will not adversely affect the economy, a sector of 
the economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local or tribal governments or communities. 
This rule will not interfere with an action taken or planned by another 
agency, but could raise new legal or policy issues; however, these 
legal and policy issues are not likely to be significant. Financial 
relationships between the Government and timber sale purchasers will 
not be changed by this rule and benefits from timber sale harvests to 
State and local governments will not change. 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. As noted above, this rule makes only minor, technical changes 
to achieve consistency with section 329 of the Act, section 105 of the 
TTRA, and current Forest Service Handbook and Manual procedures that 
were implemented as of April 1, 1999 and that did not, at that time, 
require OMB review. Accordingly, this final rule is not subject to OMB 
review under Executive Order 12866.

Regulatory Flexibility Act

    This final rule has been considered in light of the Regulatory 
Flexibility Act (5 U.S.C. 601, et seq.), and it is hereby certified 
that this action will not have a significant economic impact on a 
substantial number of small entities, as defined by that Act. Under 
Forest Service Manual and Handbook procedures implemented in response 
to section 329 of the Act, timber purchasers finance permanent road 
construction prior to the harvest (except in the case where a qualified 
small business concern elects Forest Service construction). Because 
road construction costs are factored into the appraised value for the 
sale, purchasers recover their road construction expenditures as they 
pay for harvested timber. This rule makes only technical changes to 
achieve consistency with section 329 of the Act, section 105 of the 
TTRA, and current Forest Service procedures.

Unfunded Mandates Reform

    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 final 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 government or anyone in the private sector. Therefore, 
a statement under section 202 of the Act is not required.

Environmental Impact

    This final rule accomplishes minor, technical changes to 36 CFR 
part 223, subpart B to make the regulation consistent with section 329 
of the Act, section 105 of the TTRA, and current Forest Service 
procedures. Thus, it has no direct effect on the amount, manner, or 
location of timber sale road construction. 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.'' 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 environmental 
impact statement.

No Takings Implications

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 12630. It has been determined 
that the rule does not pose the risk of a taking of Constitutionally-
protected private property. There are no Constitutionally-protected 
private property rights to be affected because this rule will not alter 
or affect existing timber sale contracts. Any new contract provisions 
would be used only prospectively in new contracts.

Civil Justice Reform

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. If this rule were adopted: (1) All State and local laws 
and regulations that are in conflict with this rule or which would 
impede its full implementation would be preempted; (2) no retroactive 
effect may be given to this rule; and (3) it does not require 
administrative proceedings before parties may file suit in court 
challenging its provisions.

Controlling Paperwork Burdens on the Public

    The minor, technical revision accomplished through this final rule 
does not contain or establish any record keeping or reporting 
requirements or other information collection requirements, as defined 
in 5 CFR part 1320, and, therefore, imposes no paperwork burden on the 
public. Accordingly, the review provisions of the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.) and the implementing regulations 
at 5 CFR part 1320 do not apply.

Federalism

    The Agency has considered this final rule under the requirements of 
Executive Order 13132, Federalism, and Executive Order 12875, 
Government Partnerships. The Agency has made a preliminary assessment 
that the rule conforms with the federalism principles set out in these 
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 rule, the Agency will 
consider if any additional consultations will be needed with the State 
and local governments.

Energy Effects

    This final rule has been reviewed under Executive Order 13211, 
``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.

Consultation and Coordination With Indian Tribal Governments

    This final rule does not have tribal implications as defined by 
Executive Order 13175, Consultation and Coordination With Indian Tribal 
Governments, and, therefore, advance consultation with tribes is not 
required.

List of Subjects in 36 CFR Part 223

    Administrative practice and procedure, Exports, Forests and forest 
products, Government contracts, Highways and roads, National forests, 
Public lands, Reporting and record keeping, and Transportation.

0
For the reasons set forth in the preamble, part 223 of Title 36 of the

[[Page 11510]]

Code of Federal Regulations is amended as follows:

PART 223--SALE AND DISPOSAL OF NATIONAL FOREST SYSTEM TIMBER

Subpart B--Timber Sale Contracts

0
1. The Authority citation for part 223 continues to read as follows:

    Authority: 90 Stat. 2958, 16 U.S.C. 472a; 98 Stat. 2213; 16 
U.S.C. 618, 104 Stat. 714-726, 16 U.S.C. 620-620j, unless otherwise 
noted.

0
2. Revise Sec.  223.41 to read as follows:


Sec.  223.41  Payment when purchaser elects government road 
construction.

    Each contract having a provision for construction of specified 
roads with total estimated construction costs of $50,000 or more shall 
include a provision to ensure that if the purchaser elects government 
road construction, the purchaser shall pay, in addition to the price 
paid for the timber or other forest products, an amount equal to the 
estimated cost of the roads.

0
3. Revise Sec.  223.63 to read as follows:


Sec.  223.63  Advertised rates.

    Timber shall be advertised for sale at its appraised value. The 
road construction cost used to develop appraised value means the total 
estimated cost of constructing all permanent roads specified in the 
timber sale contract, estimated as if construction is to be 
accomplished by the timber purchaser. The advertised rates shall be not 
less than minimum stumpage rates, except that sales of insect-infested, 
diseased, dead, or distressed timber may be sold at less than minimum 
rates when harvest of such timber is necessary to protect or improve 
the forest or prevent waste of usable wood fiber.

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4. Revise Sec.  223.82 (b) introductory text to read as follows:


Sec.  223.82  Contents of advertisement.

* * * * *
    (b) For each timber sale which includes specified road construction 
with total estimated construction costs of $50,000 or more, the 
advertisement shall also include:
* * * * *

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5. Amend Sec.  223.83 by revising paragraphs (a)(16) and (a)(17)(i) to 
read as follows:


Sec.  223.83  Contents of prospectus.

    (a) * * *
    (16) The estimated road construction cost and the estimated public 
works construction cost.
    (17) For deficit sales:
    (i) An estimate of the difference between fair market value and 
advertised value, that is, the amount by which the advertised value 
exceeds the appraised value.
* * * * *

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6. Amend Sec.  223.84 by revising the section heading to read as 
follows:


Sec.  223.84  Small business bid form provisions on sales with 
specified road construction.

* * * * *

    Dated: March 2, 2006.
Dale N. Bosworth,
Chief.
[FR Doc. 06-2161 Filed 3-7-06; 8:45 am]
BILLING CODE 3410-11-P

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