National Forest System Land Management Planning; Correction, 23491-23492 [2013-08839]
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Federal Register / Vol. 78, No. 76 / Friday, April 19, 2013 / Rules and Regulations
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
emcdonald on DSK67QTVN1PROD with RULES
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
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15:06 Apr 18, 2013
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Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone around a barge during a fireworks
display will be enforced for five hours.
This rule is categorically excluded
under paragraph 34(g) of Figure 2–1 of
the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
23491
through, anchoring in, or remaining
within the safety zone, unless
authorized by the Captain of the Port
San Juan or those participating in the
firework display.
(2) Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
regulated area by contacting the Captain
of the Port San Juan by telephone at
(787) 289–2041, or a designated
representative via VHF radio on channel
16. If authorization is granted, all
persons and vessels must comply with
the instructions of the Captain of the
Port San Juan or a designated
representative.
(3) The Coast Guard will provide
notice of the safety zone by Local Notice
to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement Date. This rule will
be enforced from 5:00 p.m. until 10:00
p.m. on Saturday, April 27, 2013.
Dated: April 5, 2013.
D.M. Flaherty,
Captain, U.S. Coast Guard, Acting Captain
of the Port, San Juan.
[FR Doc. 2013–09199 Filed 4–18–13; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
BILLING CODE 9110–04–P
1. The authority citation for part 165
continues to read as follows:
DEPARTMENT OF AGRICULTURE
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T07–0085 to read as
follows:
■
§ 165.T07–0085 Special Local Regulation;
V.I. Carnival Finale, St. Thomas Harbor; St.
Thomas, U.S. Virgin Islands.
(a) Regulated Area. The following area
is established as a safety zone: all waters
within a 800 foot radius of 18°20.200N,
64°55.200W. Coordinates are North
American Datum 1983. Persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the safety zone unless
authorized by the Captain of the Port
San Juan.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port San Juan in the
enforcement of the regulated area.
(c) Regulations.
(1) All persons and vessels are
prohibited from entering, transiting
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Forest Service
36 CFR Part 219
RIN 0596–AB86
National Forest System Land
Management Planning; Correction
Forest Service, USDA.
Correcting amendment.
AGENCY:
ACTION:
This document contains a
technical correction to 36 CFR
219.11(d)(6). This technical correction
concerns the estimation of the quantity
of timber that can be removed on a
sustained yield basis. The final rule was
published in the Federal Register, on
April 9, 2012 (77 FR 21162).
DATES: These corrections are effective
April 19, 2013.
ADDRESSES: Written inquiries about this
correction document may be sent to the
Director, Ecosystem Management
Coordination Staff, USDA Forest
Service, 1400 Independence Ave. SW.,
Mailstop Code 1104, Washington, DC
20250–1104.
FOR FURTHER INFORMATION CONTACT:
Ecosystem Management Coordination
staff’s Planning Specialist Regis Terney
at (202) 205–1552.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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23492
Federal Register / Vol. 78, No. 76 / Friday, April 19, 2013 / Rules and Regulations
emcdonald on DSK67QTVN1PROD with RULES
Background
List of Subjects in 36 CFR Part 219
In volume 77 of the Federal Register,
page 21162, April 9, 2012, (77 FR
21162) the United States Department of
Agriculture (Department) published a
final rule setting forth directions for
developing, amending, revising, and
monitoring land management plans (the
planning rule).
The National Forest Management Act
(NFMA) at 16 U.S.C. 1604(g)(3)(D)
requires planning regulations to specify
guidelines for land management plans
which ‘‘permit increases in harvest
levels based on intensified management
practices, such as reforestation,
thinning, and tree improvement’’ under
certain conditions. This provision
requires that the planning regulations
must permit such increases in harvest
levels if ‘‘(i) such practices justify
increasing the harvests in accordance
with the Multiple-Use Sustained-Yield
Act of 1960,’’ and ‘‘(ii) if such harvest
levels are decreased at the end of each
planning period if such practices cannot
be successfully implemented or funds
are not received to permit such practices
to continue substantially as planned.’’
Id. Because the planning rule did not
explicitly include this mandated
requirement, the Department is making
a technical amendment at 36 CFR
219.11(d)(6), to explicitly include this
requirement for intensified management
practices. Accordingly, section
219.11(d)(6) now contains, in an
introductory paragraph and paragraphs
(i) and (iii), the regulatory text that
appeared in the planning rule upon its
issuance in April, and paragraph (ii),
which contains new text tracking the
text of 16 U.S.C. 1604(g)(3)(D) of the
NFMA. This clarification does not have
any substantive legal effect but it simply
makes clear that the planning rule
complies with the NFMA’s requirement
that such rule allow for intensified
management practices as set forth in 16
U.S.C. 1604(g)(3)(D).
The Department has also concluded
that additional documentation under
the National Environmental Policy Act
is not necessary to make the decision to
make this rule amendment. There is no
need to consider the effects of an
explicit intensified-managementpractices provision among alternatives,
because such a provision would be
included in every alternative. See 16
U.S.C. 1604(g)(3)(D). Therefore, there is
no need to supplement the National
Forest System Land Management
Planning Rule Final Programmatic
Environmental Impact Statement of
January 2012.
Administrative practice and
procedure, Environmental impact
statements, Indians, Intergovernmental
relations, National forests, Reporting
and recordkeeping requirements,
Science and technology.
Accordingly 36 CFR part 219 is
corrected by making the following
correcting amendment:
VerDate Mar<15>2010
15:06 Apr 18, 2013
Jkt 229001
1. The authority citation for part 219
continues to read as follows:
■
Authority: 5 U.S.C. 301; 16 U.S.C. 1604,
1613.
2. In § 219.11 revise paragraph (d)(6)
to read as follows:
■
§ 219.11 Timber requirements based on
the NFMA.
*
*
*
*
*
(d) * * *
(6) The quantity of timber that may be
sold from the national forest is limited
to an amount equal to or less than that
which can be removed from such forest
annually in perpetuity on a sustained
yield basis. This limit may be measured
on a decadal basis.
(i) The plan may provide for
departures from this limit as provided
by the NFMA when departure would be
consistent with the plan’s desired
conditions and objectives. Exceptions
for departure from this limit on the
quantity sold may be made only after a
public review and comment period of at
least 90 days.
(ii) This limit may be based upon
increases in harvest levels based on
intensified management practices, such
as reforestation, thinning, and tree
improvement if such practices justify
increasing the harvests in accordance
with the Multiple-Use Sustained-Yield
Act of 1960. The plan must require that
such harvest levels be decreased at the
end of each planning period if such
practices cannot be successfully
implemented or funds are not received
to permit such practices to continue
substantially as planned.
(iii) The Chief must include in the
Forest Service Directive System
procedures for estimating the quantity
of timber that can be removed annually
in perpetuity on a sustained-yield basis,
and exceptions, consistent with 16
U.S.C. 1611.
*
*
*
*
*
Dated: March 13, 2013.
Thomas L. Tidwell,
Chief.
[FR Doc. 2013–08839 Filed 4–18–13; 8:45 am]
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40 CFR Part 52
[EPA–R05–OAR–2013–0083; FRL–9804–6]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Particulate Matter Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
PART 219—PLANNING
BILLING CODE 3410–11–P
ENVIRONMENTAL PROTECTION
AGENCY
EPA is approving a request
submitted by the Indiana Department of
Environmental Management (IDEM) on
January 30, 2013, to revise the Indiana
State Implementation Plan (SIP) for
particulate matter under the Clean Air
Act (CAA). This submission contains
the 24-hour fine particle (PM2.5)
National Ambient Air Quality Standards
(NAAQS) promulgated by EPA in 2006,
and removes the annual coarse particle
(PM10) NAAQS that EPA has previously
revoked. The submission also asks EPA
to approve into the SIP certain Federally
regulated criteria pollutant definitions
and abbreviations.
DATES: This direct final rule will be
effective June 18, 2013, unless EPA
receives adverse comments by May 20,
2013. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2013–0083 by one of the following
methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: aburano.douglas@epa.gov.
3. Fax: (312) 408–2279.
4. Mail: Douglas Aburano, Chief,
Attainment Planning and Maintenance
Section, (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Douglas Aburano,
Chief, Attainment Planning and
Maintenance Section (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2013–
SUMMARY:
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Agencies
[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Rules and Regulations]
[Pages 23491-23492]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08839]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 219
RIN 0596-AB86
National Forest System Land Management Planning; Correction
AGENCY: Forest Service, USDA.
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document contains a technical correction to 36 CFR
219.11(d)(6). This technical correction concerns the estimation of the
quantity of timber that can be removed on a sustained yield basis. The
final rule was published in the Federal Register, on April 9, 2012 (77
FR 21162).
DATES: These corrections are effective April 19, 2013.
ADDRESSES: Written inquiries about this correction document may be sent
to the Director, Ecosystem Management Coordination Staff, USDA Forest
Service, 1400 Independence Ave. SW., Mailstop Code 1104, Washington, DC
20250-1104.
FOR FURTHER INFORMATION CONTACT: Ecosystem Management Coordination
staff's Planning Specialist Regis Terney at (202) 205-1552.
SUPPLEMENTARY INFORMATION:
[[Page 23492]]
Background
In volume 77 of the Federal Register, page 21162, April 9, 2012,
(77 FR 21162) the United States Department of Agriculture (Department)
published a final rule setting forth directions for developing,
amending, revising, and monitoring land management plans (the planning
rule).
The National Forest Management Act (NFMA) at 16 U.S.C.
1604(g)(3)(D) requires planning regulations to specify guidelines for
land management plans which ``permit increases in harvest levels based
on intensified management practices, such as reforestation, thinning,
and tree improvement'' under certain conditions. This provision
requires that the planning regulations must permit such increases in
harvest levels if ``(i) such practices justify increasing the harvests
in accordance with the Multiple-Use Sustained-Yield Act of 1960,'' and
``(ii) if such harvest levels are decreased at the end of each planning
period if such practices cannot be successfully implemented or funds
are not received to permit such practices to continue substantially as
planned.'' Id. Because the planning rule did not explicitly include
this mandated requirement, the Department is making a technical
amendment at 36 CFR 219.11(d)(6), to explicitly include this
requirement for intensified management practices. Accordingly, section
219.11(d)(6) now contains, in an introductory paragraph and paragraphs
(i) and (iii), the regulatory text that appeared in the planning rule
upon its issuance in April, and paragraph (ii), which contains new text
tracking the text of 16 U.S.C. 1604(g)(3)(D) of the NFMA. This
clarification does not have any substantive legal effect but it simply
makes clear that the planning rule complies with the NFMA's requirement
that such rule allow for intensified management practices as set forth
in 16 U.S.C. 1604(g)(3)(D).
The Department has also concluded that additional documentation
under the National Environmental Policy Act is not necessary to make
the decision to make this rule amendment. There is no need to consider
the effects of an explicit intensified-management-practices provision
among alternatives, because such a provision would be included in every
alternative. See 16 U.S.C. 1604(g)(3)(D). Therefore, there is no need
to supplement the National Forest System Land Management Planning Rule
Final Programmatic Environmental Impact Statement of January 2012.
List of Subjects in 36 CFR Part 219
Administrative practice and procedure, Environmental impact
statements, Indians, Intergovernmental relations, National forests,
Reporting and recordkeeping requirements, Science and technology.
Accordingly 36 CFR part 219 is corrected by making the following
correcting amendment:
PART 219--PLANNING
0
1. The authority citation for part 219 continues to read as follows:
Authority: 5 U.S.C. 301; 16 U.S.C. 1604, 1613.
0
2. In Sec. 219.11 revise paragraph (d)(6) to read as follows:
Sec. 219.11 Timber requirements based on the NFMA.
* * * * *
(d) * * *
(6) The quantity of timber that may be sold from the national
forest is limited to an amount equal to or less than that which can be
removed from such forest annually in perpetuity on a sustained yield
basis. This limit may be measured on a decadal basis.
(i) The plan may provide for departures from this limit as provided
by the NFMA when departure would be consistent with the plan's desired
conditions and objectives. Exceptions for departure from this limit on
the quantity sold may be made only after a public review and comment
period of at least 90 days.
(ii) This limit may be based upon increases in harvest levels based
on intensified management practices, such as reforestation, thinning,
and tree improvement if such practices justify increasing the harvests
in accordance with the Multiple-Use Sustained-Yield Act of 1960. The
plan must require that such harvest levels be decreased at the end of
each planning period if such practices cannot be successfully
implemented or funds are not received to permit such practices to
continue substantially as planned.
(iii) The Chief must include in the Forest Service Directive System
procedures for estimating the quantity of timber that can be removed
annually in perpetuity on a sustained-yield basis, and exceptions,
consistent with 16 U.S.C. 1611.
* * * * *
Dated: March 13, 2013.
Thomas L. Tidwell,
Chief.
[FR Doc. 2013-08839 Filed 4-18-13; 8:45 am]
BILLING CODE 3410-11-P