65376 Federal Register / Vol. 62, No. 239 / Friday, December 12, 1997 / Rules and Regulations

the Agency’s generic certification for

tolerance acations published on May 4,

1981 (46 FR 24950), and was provided

to the Chief Counsel for Advocacy of the

Small Business Administration.

X. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, the

Agency has submitted a report

containing this rule and other required

information to the U.S. Senate, the U.S.

House of Representatives, and the

Comptroller General of the General

Accounting Office prior to publication

of this rule in today’s Federal Register.

This is not a ‘‘major rule’’ as defined by

5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: December 1, 1997.

Peter Caulkins,

Acting Director, Registration Division, Office

of Pesticide Programs.

Therefore, 40 CFR chapter I is

amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

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

2. In § 180.275, by adding a heading

to paragraph (a); by redesignating

paragraph (b) as paragraph (c) and

adding a heading; by adding new

paragraph (b); and by adding and

reserving paragraph (d) with a heading

to read as follows:

§ 180.275 Chlorothalonil; tolerances for

residues.

(a) General . * * *

(b) Section 18 emergency exemptions.

Time-limited tolerances are established

for chlorothalonil and its metabolite 4-

hydroxy-2,5,6-trichloroisophthalonitrile

(expresed as chlorothalonil) 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

Ginseng .................................................................................................................................... 0.10 12/31/98

(c) Tolerances with regional

registrations. * * *

(d) Indirect or inadvertent residues.

[Reserved]

[FR Doc. 97–32548 Filed 12–11–97; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 3740, 3810, and 3820

[WO–340–1220–00–24 1A]

RIN 1004–AD05

Multiple Use, Mining; Mining Claims

Under the General Mining Laws

AGENCY: Bureau of Land Management,

Interior.

ACTION: Final rule.

SUMMARY: The Bureau of Land

Management (BLM) is removing several

obsolete or unnecessary regulations, and

revising regulations concerning mining

on Papago Indian Reservation lands.

The regulations BLM is removing

concern certain programs under the

Multiple Minerals Development Act:

claimant’s rights; opening of Helium

reserves to mining location and mineral

leasing; and regulations under the

statute entitled ‘‘Mining Rights in

Prescott National Forest’’ concerning

mining in the watershed of the city of

Prescott, Arizona. Each of the

regulations being removed is

unnecessary or obsolete, either because

it describes programs which no longer

exist or because it contains

requirements already achieved by

statutes or other applicable regulations.

Removing these items will have no

impact on BLM customers or the public

at large.

EFFECTIVE DATE: January 12, 1998.

ADDRESSES: You may send inquiries or

suggestions to: Director (630), Bureau of

Land Management, 1849 C Street, N.W.,

Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT:

Roger Haskins, Bureau of Land

Management, Solid Minerals Group,

1849 C Street, N.W., Washington, DC

20240; Telephone: 202–452–0355.

SUPPLEMENTARY INFORMATION:

I. Background and Discussion of Final Rule

as Adopted

II. Responses to Comments

III. Procedural Matters

I. Background and Discussion of Final

Rule as Adopted

The regulations that are being

removed are obsolete and unnecessary,

and therefore can be eliminated without

negative consequences.

Subpart 3744 concerns the rights of

leasable minerals mining claimants.

These rights are derived from the

Multiple Mineral Development Act, 30

U.S.C. 521 et seq. (the Leasing Act).

However, rather than implementing or

interpreting the Act, subpart 3744

merely quotes Sections 7(d) and 8 of the

Act, 30 U.S.C. 527(d), 528. The

regulation consists entirely of

duplicated statutory language and adds

nothing to the protections of mining

claimants’ rights already contained in

the statute. Because those rights are

preserved by the statute and not the

regulation, this regulation serves no

substantive purpose, and can be deleted

without any impact on the regulated

community or the United States.

Subpart 3745, concerning the

conditions for opening Helium Reserves

to mining location and mineral leasing,

also consists of unnecessary recitation

of the Leasing Act. 43 CFR 3745.1(a) is

merely a direct quote of section 9 of the

Act, 30 U.S.C. 529. In addition, 43 CFR

3745.1(b) contains language not derived

from the Act, asserting that applications

filed prior to published notice to open

the helium reserves will confer no

rights. However, this provision is

completely obsolete and without any

substantive importance. Merely filing an

application cannot confer any rights

until the application is approved.

Furthermore, Helium Reserves Numbers

1 and 2 were opened in 1955, have since

been withdrawn, and BLM has

determined that no pre-existing

applications under this subpart

currently exist. Therefore, because this

regulation contains only duplicated

statutory language and obsolete

provisions, it can be deleted without
Federal Register / Vol. 62, No. 239 / Friday, December 12, 1997 / Rules and Regulations 65377

affecting the rights of the public at large

or altering existing law.

Section 3811.2–7 is also obsolete and

will be removed. This section indicates

that claims to mine fissionable source

material may be located on coal lands

under certain circumstances and

regulations. This provision is merely

informational and is wholly

unnecessary. Claims to mine fissionable

and other source material on lands

valuable for coal are governed by 30

U.S.C. 541i, which withdrew coalbearing public lands from these types of

claims on August 11, 1975. All mining

claims on the subject lands became void

as of that date, except where a claimant

had previously filed a mineral patent

application. Therefore, no further claims

can be located under the provisions of

43 CFR 3811.2–7, making this regulation

obsolete as well as redundant.

Subpart 3824, concerning mining in

the Prescott (AZ) city watershed, will

also be removed because it consists

entirely of restatements from the

underlying statute at 16 U.S.C. 482a,

internal procedures, and non-binding

policy statements. Section 3824.1(a) and

the first sentence of 3824.1(c)

unnecessarily restate statutory language.

Section 3824.1(b), which directs the

authorized officer to note certain

application terms on the application

itself, depicts internal procedures better

suited to the BLM Manual. The

remainder of 3824.1(c) elaborates on the

statutory provision that valid, preexisting mining claims in this location

may be perfected as the claimant

desires. This subsection adds nothing to

the statutory law by pointing out that

‘‘as the claimant desires’’ means

claimants can subject themselves to the

statutory provisions or not; therefore

this section is also redundant and

unnecessary.

Subpart 3825, concerning mining on

Papago Indian Reservation lands, is

partially obsolete. Papago lands were

closed to mineral entries in 1955;

therefore, the provisions of this subpart

pertaining to locating claims are

obsolete. However, BLM has determined

that there are 11 unpatented claims

remaining within the lands owned by

the Papago Indians (now known as

Tohono O’Odham). These claims are

still subject to the restrictions and rental

payments described in the existing

subpart 3825. Therefore, BLM will

revise the regulations in this subpart to

incorporate the Tohono O’Odham tribe’s

name change. Subpart 3825 will be

revised in a separate rulemaking, to

remove obsolete provisions and rewrite

the regulations in plain English.

The final rule published today is a

stage of a rulemaking process that will

conclude with the removal of 43 CFR

subparts 3744, 3745, 3824, and section

3811.2–7, and the revision of subpart

3825. This rule was preceded by a

proposed rule which introduced this

action and BLM’s purpose and need.

The proposed rule was published in the

Federal Register on October 5, 1996 (61

FR 51667). This proposed rule was

intended to give anyone who would be

adversely affected by this action an

opportunity to call their concerns to our

attention. The BLM invited public

comments for 30 days, and received

only one comment, which came from a

Federal agency.

II. Responses to Comments

The only comment came from BLM’s

Arizona state office, which pointed out

that there were 11 active, unpatented

claims and at least one active mine

presently operating on Tohono

O’Odham lands, and therefore they

recommended we not remove subpart

3825 in its entirety. As a result of this

information, BLM proposes instead to

only revise 43 CFR subpart 3825 by

incorporating the Tohono O’Odham

tribe’s name change.

III. Procedural Matters

National Environmental Policy Act

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 (FONSI) on file in the BLM

Administrative Record. BLM invites the

public to review these documents by

contacting us at the addresses 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 the Paperwork

Reduction Act, 44 U.S.C. 3501 et seq.

Regulatory Flexibility Act

Congress enacted the Regulatory

Flexibility Act of 1980, 5 U.S.C. 601 et

seq. (RFA), as amended, to ensure that

Government regulations do not

unnecessarily or disproportionately

burden small entities. The RFA requires

a regulatory flexibility analysis unless

an agency certifies that the rule would

not have a significant economic impact

on a substantial number of small

entities. Because this rule is limited to

removing regulations which have

become obsolete or which duplicate

statutory language, BLM believes that

this final rule will not impact any small

entities. Therefore, BLM certifies that

this final rule will not have a significant

economic impact on a substantial

number of small entities.

Unfunded Mandates Reform Act

Revising 43 CFR subpart 3825 and

removing 43 CFR subparts 3744, 3745

and 3824 and 43 CFR 3811.2–7 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 national

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. Section 2(a)(1) of Executive

Order 12630 specifically exempts

actions abolishing regulations or

modifying regulations in a way that

lessens interference with private

property use from the definition of

‘‘policies that have takings

implications.’’ Since the primary

function of the final rule is to abolish

unnecessary regulations, there will be

no private property rights impaired as a

result. 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 of the Interior has

determined that this rule meets the

applicable standards provided in

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

Order 12988.
65378 Federal Register / Vol. 62, No. 239 / Friday, December 12, 1997 / Rules and Regulations

Author. The principal author of this

rule is Roger Haskins, Solids Group,

Bureau of Land Management, 1849 C

Street, N.W., Room 401–LS,

Washington, DC 20240; Telephone:

202–452–0355.

List of Subjects

43 CFR Part 3740

Administrative practice and

procedure, Mines, Public lands-mineral

resources.

43 CFR 3810

Mines, Public lands-mineral

resources, Reporting and recordkeeping

requirements.

43 CFR 3820

Mines, Monuments and memorials,

National forests, National parks, Public

lands-mineral resources, Reporting and

recordkeeping requirements, Surety

bonds, Wilderness areas.

Dated: December 1, 1997.

For the reasons stated in the

preamble, and under the authority of 43

U.S.C. 1740, parts 3740 of Group 3700

and parts 3810 and 3820 of Group 3800,

Subchapter C, Chapter II of Title 43 of

the Code of Federal Regulations are

amended as set forth below:

Sylvia V. Baca,

Assistant Secretary, Land and Minerals

Management.

PART 3740—[AMENDED]

1. Part 3740 is amended by removing

subpart 3744 in its entirety.

2. Part 3740 is amended by removing

subpart 3745 in its entirety.

PART 3810—[AMENDED]

3. The authority citation for part 3810

continues to read as follows:

Authority: 30 U.S.C. 22 et seq.; 43 U.S.C.

1201 and 1740.

4. Part 3810 is amended by removing

Section 3811.2–7 in its entirety.

PART 3820—[AMENDED]

5. The authority citation for part 3820

continues to read as follows:

Authority: 30 U.S.C. 22 et seq.; 43 U.S.C.

1201 and 1740.

6. Part 3820 is amended by removing

subpart 3824 in its entirety.

7. Part 3820 is amended by revising

the heading for subpart 3825 to read as

follows:

Subpart 3825—Tohono O’Odham

(Formerly Papago) Indian Reservation,

Arizona

8. Part 3820 is amended by revising

all references to the name ‘‘Papago’’ in

subpart 3825 to read ‘‘Tohono

O’Odham’’.

[FR Doc. 97–32508 Filed 12–11–97; 8:45 am]

BILLING CODE 4310–84–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1241

[Ex Parte No. 431 (Sub–No. 2)]

Review of the General Purpose

Costing System

AGENCY: Surface Transportation Board.

ACTION: Policy Statement; Request for

Comments.

SUMMARY: The Surface Transportation

Board (Board) is modifying the

procedures used for determining the

variable cost of using privately-owned

rail cars, and requesting comments on

certain modifications to the recently

adopted procedures used to determine

the variable costs associated with rail

movements of intermodal traffic.

DATES: The policy statement modifying

the costing of privately-owned cars is

effective December 12, 1997 . The policy

statement revising the procedures for

costing intermodal traffic is scheduled

to be effective February 10, 1998; if this

effective date is delayed, timely notice

will be published in the Federal

Register.

Comments are due January 12, 1998.

ADDRESSES: Send an original and 10

copies of comments referring to Ex Parte

No. 431 (Sub-No. 2) to: Surface

Transportation Board, Office of the

Secretary, Case Control Unit, 1925 K

Street, N.W., Washington, D.C. 20423–

001.

FOR FURTHER INFORMATION CONTACT:

Thomas J. Stilling, (202) 565–1567.

[TDD for the hearing impaired: (202)

565–1695.]

SUPPLEMENTARY INFORMATION: To

provide consistent and comparable

information on railroad costs, the Board

maintains a general purpose costing

system known as the Uniform Railroad

Costing System (URCS). This

rulemaking was instituted to review the

procedures used by the URCS to

develop the variable costs of providing

rail service. As a result of the comments

received, the Board is adopting

modifications to the procedures for

determining the variable cost of using

privately-owned rail cars. In addition, as

discussed below, the Board is modifying

certain procedures used to develop the

costs associated with movements of

intermodal traffic, absent objections

within 30 days. The Board’s decision

may be reviewed at the agency’s offices

in Washington, D.C. during normal

business hours. The decision is also

available from our Internet site at

www.stb.dot.gov or for a charge by

calling DC NEWS & DATA INC. at (202)

289–4357.

Intermodal Costing

In response to the reconsideration

request of the Association of American

Railroads, the Board is proposing to

modify several intermodal costing

procedures adopted previously in this

proceeding. These modifications

recognize changes that have taken place

in the railroad industry since evidence

was last submitted in this proceeding.

Unless adverse comments are received,

the Board will adopt for the purposes of

waybill and URCS movement costing (1)

an intertrain and intratrain switching

factor for intermodal cars of 4,163 miles,

(2) an intermodal car spotted-to-pulled

ratio equal to the intermodal car emptyto-loaded ratio, (3) a RoadRailer tare

weight of 13.9 tons, and (4) use of our

standard default costing procedure to

assign locomotive cost to RoadRailer

shipments. Absent receipt of comments

voicing opposition to this modification

within 30 days of this decision, it will

become a permanent change effective

February 10, 1998. If the effective date

of this modification is delayed, timely

notice will be published in the Federal

Register.

The Board certifies that the new

procedures will not have a significant

economic effect on a substantial number

of small entities. The impact on small

entities, if any, will be to provide them

with better cost estimates.

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

Decided: December 5, 1997.

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

[FR Doc. 97–32565 Filed 12–11–97; 8:45 am]

BILLING CODE 4915–00–P