47568 Federal Register / Vol. 62, No. 175 / Wednesday, September 10, 1997 / Rules and Regulations

List of Subjects

40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

40 CFR Part 185

Environmental protection, Food

additives, Pesticides and pests.

40 CFR Part 186

Environmental protection, Animal

feeds, Pesticides and pests.

Dated: August 29, 1997.

James Jones,

Acting Director, Registration Division, Office

of Pesticide Programs.

Therefore, 40 CFR chapter I is

amended as follows:

PART 180—[AMENDED]

1. In part 180:

a. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

b. By amending § 180.410 as follows:

i. By revising the section heading.

ii. By adding a subject heading to

paragraph (a).

iii. By revising paragraphs (b) and (c).

iv. By adding and reserving paragraph

(d) with a subject heading.

§ 180.410 Triadimefon; tolerances for

residues.

(a) General . * * *

(b) Section 18 emergency exemptions.

Time-limited tolerances are established

for the combined residues of the

fungicide triadimefon, 1-(4-

chlorophenoxy)-3,3-dimethyl-1(1H1,2,4-triazol-1-yl)-2-butanone and its

metabolites containing chlorophenoxy

and triazole moieties (expressed as the

fungicide) in connection with use of the

pesticide under the section 18

emergency exemptions granted by EPA.

The tolerances will expire and are

revoked on the dates specified in the

following table:

Commodity

Parts

per

million

Expiration/revocation date

Artichokes .............. 0.6 September 1,

1999

Asparagus .............. 0.15 September 1,

1999

Chili peppers .......... 0.5 November 8,

1997

(c) Tolerances with regional

registrations. Tolerances with regional

registration are established for the

combined residues of the fungicide 1-(4-

chlorophenoxy)-3,3-dimethyl-1(1H1,2,4-triazol-l-yl)-2-butanone and its

metabolites containing chlorophenoxy

and triazole moieties (expressed as the

fungicide) in or on the following raw

agricultural commodities:

Commodity

Parts

per million

Raspberries ..................................... 2.0

(d) Indirect or inadvertent residues.

[Reserved]

PART 185—[AMENDED]

2. In part 185:

a. The authority citation for part 185

continues to read as follows:

Authority: 21 U.S.C. 346a and 348.

§ 185.800 [Removed]

b. In § 185.800 by transferring the

entries in the table and alphabetically

adding them to the table in paragraph

(a) of § 180.410, and by removing the

remainder of § 185.800.

PART 186—[AMENDED]

3. In part 186:

a. The authority citation for part 185

continues to read as follows:

Authority: 21 U.S.C. 342, 348, and 701.

§ 186.800 [Removed]

b. In § 186.800 by transferring the

entries in the table and alphabetically

adding them to the table in paragraph

(a) of § 180.410, and by removing the

remainder of § 186.800.

[FR Doc. 97–23975 Filed 9-9-97; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 1810

[WO–420–1050–00–24–1A]

RIN 1004–AC 81

Public Land Records

AGENCY: Bureau of Land Management,

Interior.

ACTION: Final rulemaking.

SUMMARY: This final rule amends Part

1810 of Title 43 of the Code of Federal

Regulations (CFR) by completely

removing Subpart 1813. That subpart

contains general information about

public land records and explains Bureau

of Land Management (BLM) practices.

Instead, we will place these internal

procedures in information brochures

and BLM’s manual system, which is

appropriate given the administrative

nature of Subpart 1813.

EFFECTIVE DATE: October 10, 1997.

ADDRESSES: You may send inquiries or

suggestions to: Director (630), Bureau of

Land Management, 1849 C Street, NW,

Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT:

Frances Watson, Telephone: 202–452–

5006 (Commercial or FTS).

SUPPLEMENTARY INFORMATION:

I. Background

II. Final Rule as Adopted

III. Responses to Comments

IV. Procedural Matters

I. Background

One of the objectives of President

Clinton’s regulatory reform initiative is

to eliminate unnecessary regulations

from the CFR. To meet that objective,

BLM is removing from the CFR material

that provides general information about

public land records and explains BLM

practices. Instead, BLM will provide

this information in public information

releases and the BLM Manual, both of

which are available to the public, are

more detailed, and can be more easily

updated. Removing this material from

the CFR will not deprive the public of

any notice, right, administrative process

or information required by law.

The final rule published today is a

stage of the rulemaking process that will

culminate in the removal of the

regulations in 43 CFR Subpart 1813.

This rule was preceded by a proposed

rule that was published in the Federal

Register on December 23, 1996 (61 FR

67517). The BLM invited public

comments for 60 days, and received

three comments—one from a petroleum

association, one from a county

government agency, and one from a law

firm.

II. Final Rule as Adopted

The final rule completely removes 43

CFR subpart 1813, which contains BLM

procedures on maintaining the public

land records. Removing this material is

appropriate since it will continue to be

available to the public through other

means—informational brochures and

the BLM manual system. The final rule

is being published without change from

the December 23, 1996, proposed rule.

III. Responses to Comments

The three comments that we received

on the proposed rule expressed concern

about removing 43 CFR subpart 1813.

The commenters interpreted the

regulation to mean that BLM will no
Federal Register / Vol. 62, No. 175 / Wednesday, September 10, 1997 / Rules and Regulations 47569

longer maintain the public land records

and that those records will no longer be

available for public access in BLM field

offices.

In reality, BLM is required by law and

administrative practice to maintain the

official public land records. This

regulation will neither change our

recordkeeping responsibility nor change

public access to those records in BLM

field offices. This regulation will merely

remove procedural material from the

CFR and place it in more appropriate

alternative sources—public information

releases and the BLM manual system.

For these reasons, the final rule is being

published unchanged from the proposed

rule.

IV. Procedural Matters

National Environmental Policy Act of

1969

BLM has prepared an environmental

assessment (EA), and has found that the

final rule would not constitute a major

Federal action significantly affecting the

quality of the human environment

under section 102(2)(C) of the National

Environmental Policy Act of 1969, 42

U.S.C. 4332(2)(C). BLM has placed the

EA and the Finding of No Significant

Impact on file in the BLM

Administrative Record at the address

specified previously. BLM invites the

public to review these documents by

contacting us at the address listed above

(see ADDRESSES).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

the Office of Management and Budget

must approve under 44 U.S.C. 3501 et

seq.

Regulatory Flexibility Act

Congress enacted the Regulatory

Flexibility Act of 1980 (RFA), 5 U.S.C.

601 et seq., to ensure that Government

regulations do not unnecessarily or

disproportionately burden small

entities. The RFA requires a regulatory

flexibility analysis if a rule would have

a significant economic impact, either

detrimental or beneficial, on a

substantial number of small entities.

Based on the discussion in the preamble

above, that the regulation will remove

unnecessary material from the CFR,

BLM anticipates that this final rule will

have no impact on the public at large.

Therefore, BLM has determined under

the RFA that this final rule would not

have a significant economic impact on

a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

Removal of 43 CFR 1813 will not

result in any unfunded mandate to

State, local, or tribal governments in the

aggregate, or to the private sector, of

$100 million or more in any one year.

Executive Order 12612

The final rule will not have a

substantial direct effect on the States, on

the relationship between the Federal

Government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

BLM has determined that this final rule

does not have sufficient federalism

implications to warrant preparation of a

Federalism Assessment.

Executive Order 12630

The final rule does not represent a

Government action capable of

interfering with constitutionally

protected property rights. Therefore, the

Department of the Interior has

determined that the rule would not

cause a taking of private property or

require further discussion of takings

implications under this Executive

Order.

Executive Order 12866

According to the criteria listed in

section 3(f) of Executive Order 12866,

BLM has determined that the final rule

is not a significant regulatory action. As

such the final rule is not subject to

Office of Management and Budget

review under section 6(a)(3) of the

order.

Executive Order 12988

The Department has determined that

this rule meets the applicable standards

in sections 3(a) and 3(b)(2) of Executive

Order 12988, Civil Justice Reform.

Author: The principal author of this

rule is Frances Watson, Bureau of Land

Management, 1849 C Street, NW,

Washington, D.C. 20240; Telephone:

202–452–5006 (Commercial or FTS).

List of Subjects in 43 CFR Part 1810

Administrative practice and

procedure, Archives and records.

Dated: September 4, 1997.

Bob Armstrong,

Assistant Secretary, Land and Minerals

Management.

For the reasons stated in the

preamble, and under the authority of 43

U.S.C. 1740, part 1810 of Title 43 of the

Code of Federal Regulations is amended

as set forth below:

PART 1810—INTRODUCTION AND

GENERAL GUIDANCE

1. The authority for Part 1810 is

revised to read:

Authority: 43 U.S.C. 1740.

Subpart 1813—[Removed]

2. Subpart 1813 is removed.

[FR Doc. 97–23935 Filed 9–9–97; 8:45 am]

BILLING CODE 4310–84–P

OFFICE OF PERSONNEL

MANAGEMENT

48 CFR Parts 1602, 1603, 1604, 1615,

1616, 1629, 1631, 1643, 1644, 1645,

1649, 1652, and 1653

RIN 3206–AH45

Federal Employees Health Benefits

Program Acquisition Regulation; Truth

in Negotiations Act and Related

Changes

AGENCY: Office of Personnel

Management.

ACTION: Final rulemaking.

SUMMARY: The Office of Personnel

Management (OPM) is issuing a final

regulation amending the Federal

Employees Health Benefits Acquisition

Regulation (FEHBAR) to implement

those portions of the Federal

Acquisition Streamlining Act of 1994

(FASA) that impact on the FEHB

Program.

EFFECTIVE DATE: October 10, 1997.

FOR FURTHER INFORMATION CONTACT:

Mary Ann Mercer, (202) 606–0004.

SUPPLEMENTARY INFORMATION: On June

24, 1996, OPM issued a proposed

regulation in the Federal Register [61

FR 32401] to inform Federal Employees

Health Benefits (FEHB) Program

carriers, Federal agencies, and the

public how it intends to implement

those portions of the Federal

Acquisition Streamlining Act of 1994

(FASA), Public Law 103–355, effective

October 13, 1994, affecting the FEHB

Program. The changes proposed also

reflect how OPM intends to implement

sections 4201 through 4204 of the

Federal Acquisition Reform Act of 1996

(FARA), Public Law 104–106, enacted

on February 10, 1996.

OPM received comments from one

private citizen and five organizations:

Two FEHBP carriers, a trade association

representing health maintenance

organizations (HMOs), preferred

provider organizations (PPOs), and

other network plans, an association that

represents FEHB Program fee-for-service

carriers, and a contract law group. We

appreciate the observations and

suggestions offered and have taken them

into consideration in these regulations.

The majority of the comments were

favorable toward OPM’s efforts to