24158 Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Proposed Rules

(c)(1)(ii) by removing the semicolon at

the end of each paragraph and adding in

its place ‘‘, unless not released by the

patient under § 821.55(a);’’.

8. Section 821.55 is amended by

redesignating paragraphs (a) and (b) as

paragraphs (b) and (c), respectively, and

by adding paragraph (a) to read as

follows:

§ 821.55 Confidentiality.

(a) Any patient receiving a device

subject to tracking requirements under

this part may refuse to release, or refuse

permission to release, the patient’s

name, address, telephone number, and

social security number, or other

identifying information for the purpose

of tracking.

* * * * *

Dated: February 14, 2000.

Margaret M. Dotzel,

Acting Associate Commissioner for Policy.

[FR Doc. 00–10251 Filed 4–24–00; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Parts 4, 5, and 7

[Notice No. 896; Re: Notice Nos. 884 and

892]

RIN 1512–AB97

Health Claims and Other HealthRelated Statements in the Labeling and

Advertising of Alcohol Beverages;

Cancellation and Rescheduling of

Public Hearings (99R–199P)

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Department of the

Treasury.

ACTION: Notice of proposed rulemaking;

cancellation and rescheduling of public

hearings.

SUMMARY: Due to the low number of

requests to present oral comments, the

Bureau of Alcohol, Tobacco and

Firearms (ATF) is announcing the

cancellation of three public hearings

that were to be held concerning health

claims and other health-related

statements in the labeling and

advertising of alcohol beverages. In

addition, the hearings scheduled for

Washington, DC and San Francisco,

California will be limited to two days.

We are also changing the date for

submission of written (or e-mail)

comments.

DATES: The revised hearing dates are:

1. April 25 and April 26, 2000, 10:00

a.m. to 5 p.m., Washington, DC.

2. May 23 and May 24, 2000, 10:00

a.m. to 5 p.m., San Francisco, CA.

Written (or e-mail) comments

addressing Notice Nos. 884 and 892, as

well as comments addressing testimony

presented at the hearings, must be

received on or before June 30, 2000.

ADDRESSES: The hearing locations are:

1. Washington, DC—Washington

Convention Center, 900 Ninth Street,

NW., Washington, DC 20001.

2. San Francisco—Embassy Suites San

Francisco Airport, 150 Anza Boulevard,

Burlingame, CA 94010.

FOR FURTHER INFORMATION CONTACT:

Nancy Kern or Jim Ficaretta,

Regulations Division, Bureau of

Alcohol, Tobacco and Firearms, 650

Massachusetts Avenue, NW.,

Washington, DC 20226 (202–927–8210).

SUPPLEMENTARY INFORMATION:

Background

On February 28, 2000, ATF published

a notice in the Federal Register (Notice

No. 892; 65 FR 10434) announcing the

dates and locations of five public

hearings that we planned to hold

concerning health claims and other

health-related statements in the labeling

and advertising of alcohol beverages.

The notice provided that persons

wishing to testify at the hearings should

submit a written notification to ATF on

or before April 7, 2000. As of April 18,

2000, we had received only seven

requests to testify in Atlanta; seven

requests to testify in Chicago; and three

requests to testify in Dallas. We do not

consider that this constitutes a sufficient

number of requests to justify the

expense of holding these three hearings.

Accordingly, we are canceling the

hearings that were scheduled for

Atlanta, Chicago, and Dallas. Those

persons who requested to appear at

these hearings have been offered several

alternatives, including attending one of

the remaining two scheduled hearings

in Washington, DC and San Francisco,

California, or submitting their written

comments.

The hearings scheduled for

Washington, DC and San Francisco will

be limited to two days. The hearing in

Washington, DC will be held on April

25 and 26, and the hearing in San

Francisco will be held on May 23 and

24. The hearings in both locations will

start at 10:00 a.m.

We will accept written (or e-mail)

comments addressing our earlier notices

on this subject, Notice No. 892 and

Notice No. 884 (October 25, 1999; 64 FR

57413), as well as comments addressing

testimony presented at the forthcoming

hearings, until June 30, 2000. This date

is approximately one month after the

close of the public hearings.

Drafting Information

The author of this document is James

P. Ficaretta, Regulations Division,

Bureau of Alcohol, Tobacco and

Firearms.

Authority and Issuance

This notice is issued under the

authority of 27 U.S.C. 205.

Signed: April 19, 2000.

Bradley A. Buckles,

Director.

[FR Doc. 00–10309 Filed 4–21–00; 10:42 am]

BILLING CODE 4810–31–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 948

[WV–085–FOR]

West Virginia Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the West

Virginia regulatory program under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

program amendment consists of changes

to the West Virginia regulations (38 CSR

2) contained in House Bill 4223, and

changes to the Code of West Virginia

contained in Senate Bill 614. The

amendments are intended to comply

with the Consent Decree between the

plaintiff and the West Virginia Division

of Environmental Protection (WVDEP)

entered on February 17, 2000, in the

matter of Bragg v. Robertson, No. 2:98–

636 (S.D.W.Va.).

DATES: If you submit written comments,

they must be received on or before 4

p.m. (local time), on May 25, 2000. If

requested, a public hearing on the

proposed amendments will be held at 1

p.m. (local time), on May 22, 2000.

Requests to speak at the hearing must be

received by 4 p.m. (local time), on May

10, 2000.

ADDRESSES: Mail or hand-deliver your

written comments and requests to speak

at the hearing to Mr. Roger W. Calhoun,

Director, Charleston Field Office at the

address listed below.

You may review copies of the West

Virginia program, the proposed

amendment, a listing of any scheduled

Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Proposed Rules 24159

hearings, and all written comments

received in response to this document at

the addresses below during normal

business hours, Monday through Friday,

excluding holidays. You may receive

one free copy of the proposed

amendment by contacting OSM’s

Charleston Field Office.

Mr. Roger W. Calhoun, Director,

Charleston Field Office, Office of

Surface Mining Reclamation and

Enforcement, 1027 Virginia Street,

East, Charleston, West Virginia 25301

Telephone: (304) 347–7158. E-mail:

chfo@osmre.gov.

West Virginia Division of

Environmental Protection, 10

McJunkin Road, Nitro, West Virginia

25143, Telephone: (304) 759–0515.

The proposed amendment will be

posted at the Division’s Internet page:

http://www.dep.state.wv.us.

In addition, you may review copies of

the proposed amendment during regular

business hours at the following

locations:

Office of Surface Mining Reclamation

and Enforcement, Morgantown Area

Office, 75 High Street, Room 229, P.O.

Box 886, Morgantown, West Virginia

26507, Telephone: (304) 291–4004

Office of Surface Mining Reclamation

and Enforcement, Beckley Area

Office, 323 Harper Park Drive, Suite 3,

Beckley, West Virginia 25801,

Telephone: (304) 255–5265

FOR FURTHER INFORMATION CONTACT: Mr.

Roger W. Calhoun, Director, Charleston

Field Office; Telephone: (304) 347–

7158.

SUPPLEMENTARY INFORMATION:

I. Background on the West Virginia

Program

On January 21, 1981, the Secretary of

the Interior conditionally approved the

West Virginia program. You can find

background information on the West

Virginia program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval in the January 21, 1981,

Federal Register (46 FR 5915–5956).

You can find later actions concerning

the conditions of approval and program

amendments at 30 CFR 948.10, 948.12,

948.13, 948.15, and 948.16.

II. Discussion of the Proposed

Amendment

By letters dated March 14, 2000

(Administrative Record Number WV–

1147) and March 28, 2000

(Administrative Record Number WV–

1148), and electronic mail dated April 6,

2000 (Administrative Record Number

WV–1149), the WVDEP submitted an

amendment to its program. The

amendment concerns changes to the

West Virginia regulations made by the

State legislature in House Bill 4223, and

changes made to the Code of West

Virginia in Senate Bill 614. Many of the

amendments are intended to comply

with the Consent Decree between the

plaintiff and the West Virginia Division

of Environmental Protection entered on

February 17, 2000, in the matter of

Bragg v. Robertson, No. 2:98–636

(S.D.W.Va.).

The amendments submitted by the

WVDEP are identified below.

A. Senate Bill 614

Numerous wording and paragraph

notation changes have been made.

These are nonsubstantive changes that

will not be discussed. The substantive

changes are identified below.

1. W.Va. Code 22–3–3. Definitions.

At § 22–3–3(e) the definition of

‘‘approximate original contour’’ (AOC)

is amended by deleting the word

‘‘disturbed’’ and adding in its place the

word ‘‘mined.’’ As amended, AOC

‘‘means that surface configuration

achieved by the backfilling and grading

of the ‘‘mined’’ areas * * *.’’

At § 22–3–3(u) (2), the definition of

‘‘surface mine,’’ ‘‘surface-mining’’ or

‘‘surface-mining operations’’ is amended

by deleting the word ‘‘may’’ in the

sentence immediately before

subdivision (i), and replacing that word

with the word ‘‘does.’’ As amended, the

sentence reads: ‘‘Surface-mining does

not include any of the following: * * *.’’

At § 22–3–3(y), the definition of

‘‘lands eligible for remining’’ is

amended in the second sentence by

deleting the word ‘‘may’’ and adding in

its place the word ‘‘do.’’ As amended,

the sentence reads: ‘‘Surface-mining

operations on lands eligible for

remining ‘‘do’’ not affect the eligibility

* * *.’’

2. W.Va. Code 22–3–13 General

environmental protection performance

standards for surface mining; variances.

At § 22–3–13(c)(3), concerning

mountaintop removal mining

operations, the list of approvable

postmining land uses is amended as

follows. In the first sentence, the word

‘‘woodland’’ is deleted, the words

‘‘commercial forestry’’ are added, the

words ‘‘or fish and wildlife habitat and

recreation lands use’’ are deleted, the

word ‘‘facility’’ and the words

‘‘including recreational uses’’ are added.

As amended, the sentence reads as

follows: ‘‘In cases where an industrial,

commercial, agricultural, commercial

forestry, residential, public facility

including recreational uses is proposed

for the postmining use of the affected

land * * *.’’

In addition, a new subdivision § 22–

3–13(c)(3)(iii) is added to read as

follows. ‘‘(iii) obtainable according to

data regarding expected need and

market.’’ The previously existing

subdivision (iii) is renumbered as

subdivision (iv), and so on.

3. W.Va. Code 22–3–23 Release of

bond or deposits; application; notice;

duties of director; public hearings; final

maps on grade release.

At subsection § 22–3–23(c), a new

subdivision (c)(1) is added to read as

follows. ‘‘(1) For all operations except

those with an approved variance from

approximate original contour:’’

Previously existing subdivisions (c)(1),

(2), and (3) have been relettered as

(c)(1)(A), (B), and (C). As amended,

§ 22–3–23(c)(1) applies only to

operations that do not have an approved

variance from the AOC requirements.

New subsection § 22–3–23(c)(2) is

added to specify the bond release

requirements that apply only to

operations with an approved variance

from the AOC requirements.

B. House Bill 4223

1. CSR 38–2–2.31. Definition of

commercial forestry and forestry. This

new definition is added to read as

follows.

2.31.a. Commercial Forestry, as used in

Subsection 7.4 of this rule, means a long-term

postmining land use designed to accomplish

the following: (1) Achieve greater forest

productivity than that found on the mine site

before mining; (2) Minimize erosion and/or

sediment yield and serve the hydrologic

functions of infiltrating, holding, and

yielding water commonly found in

undisturbed forests; (3) Result in biodiversity

by facilitating rapid recruitment of native

species of plants and animals via the process

of natural succession; (4) Result in a

premium forest that will thrive under

stressful conditions; and (5) Result in

landscape, vegetation and water resources

that create habitat for forest-dwelling

wildlife.

2.31.b. Forestry, as used in Subsection 7.4

of this rule, means a long-term postmining

land use designed to accomplish the

following: (1) Achieve forest productivity

equal to that found on the mine site before

mining; (2) Minimize erosion and/or

sediment yield and serve the hydrologic

functions of infiltrating, holding, and

yielding water commonly found in

undisturbed forests; (3) Result in biodiversity

by facilitating rapid recruitment of native

species of plants and animals via the process

of natural succession; and (4) Result in

landscape, vegetation and water resources

that create habitat for forest-dwelling

wildlife.

2. CSR 38–2–2.31. Definition of

downslope.

This definition is amended by

deleting the words ‘‘except in

24160 Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Proposed Rules

operations where the entire upper

horizon above the lowest coal seam is

proposed to be partly or entirely

removed.’’ As amended, ‘‘downslope’’

means the land surface between the

projected outcrop of the lowest coal

seam being mined along each highwall,

or any mining-related construction, and

the valley floor.

3. CSR 38–2–2.98. Definition of

prospecting.

This definition is amended by

deleting the word ‘‘substantial’’ before

the word ‘‘disturbance’’ in the first

sentence. The effect of this deletion is

that the definition of ‘‘prospecting’’ is

no longer limited to those activities that

cause ‘‘substantial’’ disturbance.

4. CSR 38–2–2.123 Definition of

substantially disturb.

This definition is amended by

deleting the word ‘‘and’’ after the words

‘‘significantly impact land,’’ and adding

in its place the word ‘‘or.’’ With this

change, substantially disturb means to

significantly impact land or water

resources.

5. CSR 38–2–2.136 Definition of

woodlands.

This definition is deleted.

6. CSR 38–2–3.8.c Structures and

support facilities.

This subsection is amended by adding

a concluding sentence which reads as

follows. ‘‘This exemption shall not

apply to new and existing coal waste

facilities.’’

7. CSR 38–2–3.25 Transfer,

assignment, or sale of permit rights and

obtaining approval.

This subsection is amended by adding

the term ‘‘reinstatement’’ in the title of

the subsection, and in four locations

where the phrase ‘‘transfer, assignment,

or sale’’ appears. In addition,

subdivision 3.25.b. is amended by

adding a sentence which states that, ‘‘as

a condition of reinstatement, the

Director may require a modification to

the mining and reclamation plan.’’ With

this amendment, the provisions of CSR

38–2–3.25 will apply to reinstated

permits.

8. CSR 38–2–7.2.i Commercial

woodland.

This provision is amended by deleting

the word ‘‘woodland’’ from the land use

category ‘‘commercial woodland,’’ and

adding in its place the word ‘‘forestry.’’

The effect of this change is that

‘‘commercial forestry’’ is where forest

cover is managed for commercial

production of timber.

9. CSR 38–2–7.3 Criteria for

approving alternative postmining use of

land.

New subdivision 7.3.c. is added to

provide that: ‘‘A change in postmining

land use to grassland uses such as

rangeland and/or hayland or pasture is

prohibited on operations that obtain an

approximate original contour variance

described in WV Code § 22–3–

13(b)(25)(c). Provided, however, That

this subdivision is not effective until

Sections 7.4 and 7.5 of this rule are

approved by the federal Office of

Surface Mining.’’

10. CSR 38–2–7.4 Standards

applicable to approximate original

contour variance operations with a

postmining land use of commercial

forestry and forestry.

This provision is new and contains

the following subsections:

7.4.a. Applicability. This provision

applies to commercial forestry and

forestry as defined at CSR 38–2–2.31

(see item B. 1. above).

7.4.b. Requirements. This subsection

contains requirements concerning

planting and management plan

development, oversight procedures,

landscape criteria, soil and soil

substitutes, soil placement and grading,

liming and fertilizing, ground cover

vegetation, tree species and

compositions, standards of success, and

front faces of valley fills.

11. CSR 38–2–7.5 Homestead land

use.

This subsection is new and contains

the following subdivisions. Subdivision

7.5.a., requires that the minimum area

for a homestead shall be at least one-half

of the permit area. The remainder of the

permit area shall support an alternate

AOC variance use.

Subdivision 7.5.b. concerns the terms

applicable only to homestead land use.

Subdivision 7.5.c. concerns the

eligibility requirements and

responsibilities for homesteaders.

Subdivision 7.5.d. concerns the rules

for the homestead lottery.

Subdivision 7.5.e. concerns the

homestead plan development.

Subdivision 7.5.f. concerns the

provisions for financial commitments.

Subdivision 7.5.g. concerns the

required elements for all homestead

plans.

Subdivision 7.5.h. concerns the

construction and conveyance of

homestead parcels.

Subdivision 7.5.i. concerns required

infrastructure.

Subdivision 7.5.j. concerns soils, soil

placement and grading.

Subdivision 7.5.k. concerns

requirements for reclamation maps.

Subdivision 7.5.l. concerns

homestead village.

Subdivision 7.5.m. concerns

community association.

Subdivision 7.5.n. concerns interim

homestead management.

Subdivision 7.5.o. concerns bond

release.

12. CSR 38–2–14.12. Variance from

AOC requirements.

This provision is amended at

subdivision 14.12.a.1. to delete the word

‘‘woodlands’’ and add in its place the

words ‘‘commercial forestry.’’

13. CSR 38–2–14.15

Contemporaneous reclamation

standards.

This provision is amended at

subdivision 14.15.f. concerning

variance-permit applications to add a

sentence which reads as follows:

‘‘Furthermore, the amount of bond for

the operation shall be the maximum per

acre specified in WV Code § 22–3–

12(c)(1).’’

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 732.17(h), OSM is seeking

comments, on whether the proposed

amendment satisfies the applicable

program approval criteria of 30 CFR

732.15. If the amendment is deemed

adequate, it will become part of the

West Virginia program.

Written Comments

If you submit written or electronic

comments on the proposed amendment

during the 30-day comment period, they

should be specific, should be confined

to issues pertinent to the notice, and

should explain the reason for your

recommendation(s). We may not be able

to consider or include in the

Administrative Record comments

delivered to an address other than the

one listed above (see ADDRESSES).

Electronic Comments

Please submit Internet comments as

an ASCII, Word Perfect, or Word file

avoiding the use of special characters

and any form of encryption. Please also

include ‘‘Attn: SPATS NO. WV–085-

FOR’’ and your name and return address

in your Internet message. If you do not

receive a confirmation that we have

received your Internet message, contact

the Charleston Field office at (304) 347–

7158.

Availability of Comments

Our practice is to make comments,

including names and home addresses of

respondents, available for public review

during our regular business hours at the

OSM Administrative Record Room (see

ADDRESSES). Individual respondents

may request that we withhold their

home address from the rulemaking

record, which we will honor to the

extent allowable by law. There also may

be circumstances in which we would

withhold from the rulemaking record a

respondent’s identity, as allowable by

law. If you wish us to withhold your

Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Proposed Rules 24161

name and/or address, you must state

this prominently at the beginning of

your comment. However, we will not

consider anonymous comments. We

will make all submissions from

organizations or businesses, and from

individuals identifying themselves as

representatives or officials of

organizations or businesses, available

for public inspection in their entirety.

Public Hearing

If you wish to speak at the public

hearing, you should contact the person

listed under FOR FURTHER INFORMATION

CONTACT by 4 p.m. (local time), on May

10, 2000. The location and time of the

hearing will be arranged with those

persons requesting the hearing. If no one

requests an opportunity to speak at the

public hearing, the hearing will not be

held.

To assist the transcriber and ensure an

accurate record, we request, if possible,

that each person who testifies at a

public hearing provide us with a written

copy of his or her testimony. The public

hearing will continue on the specified

date until all persons scheduled to

speak have been heard. If you are in the

audience and have not been scheduled

to speak and wish to do so, you will be

allowed to speak after those who have

been scheduled. We will end the

hearing after all persons scheduled to

speak and persons present in the

audience who wish to speak have been

heard.

Any disabled individual who has

need for a special accommodation to

attend a public hearing should contact

the individual listed under FOR FURTHER

INFORMATION CONTACT.

Public Meeting

If only one person requests an

opportunity to speak at a hearing, a

public meeting, rather than a public

hearing, may be held. If you wish to

meet with OSM representatives to

discuss the proposed amendment, you

may request a meeting by contacting the

person listed under FOR FURTHER

INFORMATION CONTACT. All such meetings

will be open to the public and, if

possible, notices of meetings will be

posted at the locations listed under

ADDRESSES. A written summary of each

meeting will be made a part of the

Administrative Record.

IV. Procedural Determinations

Executive Order 12866—Regulatory

Planning and Review

This rule is exempted from review by

the Office of Management and Budget

under Executive Order 12866.

Executive Order 12630—Takings

This rule does not have takings

implications. This determination is

based on the analysis performed for the

counterpart federal regulation.

Executive Order 13132—Federalism

This rule does not have federalism

implications. SMCRA delineates the

roles of the federal and state

governments with regard to the

regulation of surface coal mining and

reclamation operations. One of the

purposes of SMCRA is to ‘‘establish a

nationwide program to protect society

and the environment from the adverse

effects of surface coal mining

operations.’’ Section 503(a)(1) of

SMCRA requires that state laws

regulating surface coal mining and

reclamation operations be ‘‘in

accordance with’’ the requirements of

SMCRA, and section 503(a)(7) requires

that state programs contain rules and

regulations ‘‘consistent with’’

regulations issued by the Secretary

pursuant to SMCRA.

Executive Order 12988—Civil Justice

Reform

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988 and

has determined that, to the extent

allowed by law, this rule meets the

applicable standards of subsections (a)

and (b) of that section. However, these

standards are not applicable to the

actual language of state regulatory

programs and program amendments

since each such program is drafted and

promulgated by a specific state, not by

OSM. Under sections 503 and 505 of

SMCRA (30 U.S.C. 1253 and 1255) and

30 CFR 730.11, 732.15, and

732.17(h)(10), decisions on proposed

state regulatory programs and program

amendments submitted by the states

must be based solely on a determination

of whether the submittal is consistent

with SMCRA and its implementing

federal regulations and whether the

other requirements of 30 CFR Parts 730,

731, and 732 have been met.

National Environmental Policy Act

Section 702(d) of SMCRA (30 U.S.C.

1292(d)) provides that a decision on a

proposed state regulatory program

provision does not constitute a major

federal action within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (NEPA) (42

U.S.C. 4332(2)(C)). A determination has

been made that such decisions are

categorically excluded from the NEPA

process (516 DM 8.4.A).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by the Office of

Management and Budget under the

Paperwork Reduction Act (44 U.S.C.

3507 et seq.).

Regulatory Flexibility Act

The Department of the Interior has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). The state submittal

which is the subject of this rule is based

upon counterpart federal regulations for

which an economic analysis was

prepared and certification made that

such regulations would not have a

significant economic effect upon a

substantial number of small entities.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented by the state. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

counterpart federal regulation.

Small Business Regulatory Enforcement

Fairness Act

This rule is not a major rule under 5

U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act.

This rule:

a. Does not have an annual effect on

the economy of $100 million.

b. Will not cause a major increase in

costs or prices for consumers,

individual industries, federal, state, or

local government agencies, or

geographic regions.

c. Does not have significant adverse

effects on competition, employment,

investment, productivity, innovation, or

the ability of U.S. based enterprises to

compete with foreign-based enterprises.

This determination is based upon the

fact that the state submittal which is the

subject of this rule is based upon

counterpart federal regulations for

which an analysis was prepared and a

determination made that the federal

regulation was not considered a major

rule.

Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 948

Intergovernmental relations, Surface

mining, Underground mining.

24162 Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Proposed Rules

Dated: April 7, 2000.

John A. Holbrook,

Acting Regional Director, Appalachian

Regional Coordinating Center.

[FR Doc. 00–10278 Filed 4–24–00; 8:45 am]

BILLING CODE 4310–05–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–99–070]

RIN 2115–AE47

Drawbridge Operation Regulations;

Westchester Creek, Bronx River, and

Hutchinson River, NY

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

change the operating rules for three New

York City bridges; the Bruckner

Boulevard/Unionport Bridge, at mile

1.7, across Westchester Creek at the

Bronx, the Bruckner Boulevard/Eastern

Boulevard Bridge, mile 1.1, across the

Bronx River at the Bronx, and the

Hutchinson River Parkway Bridge, mile

0.9, across the Hutchinson River, at the

Bronx, all in New York. The bridge

owner asked the Coast Guard to change

the regulations to require a two-hour

advance notice for openings. This action

is expected to relieve the owner of the

bridge from the requirement to crew

each bridge at all times by using a

roving crew of drawtenders and still

meet the reasonable needs of

Navigation.

DATES: Comments must reach the Coast

Guard on or before June 26, 2000.

ADDRESSES: You may mail comments to

Commander (obr), First Coast Guard

District, Bridge Branch, at 408 Atlantic

Avenue, Boston, MA. 02110–3350, or

deliver them to the same address

between 7 a.m. and 3 p.m., Monday

through Friday, except Federal holidays.

The telephone number is (617) 223–

8364. The First Coast Guard District,

Bridge Branch, maintains the public

docket for this rulemaking. Comments

and material received from the public,

as well as documents indicated in this

preamble as being available in the

docket, will become part of this docket

and will be available for inspection or

copying at the First Coast Guard

District, Bridge Branch, 7 a.m. to 3 p.m.,

Monday through Friday, except, Federal

holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

John McDonald, Project Officer, First

Coast Guard District, (617) 223–8364.

SUPPLEMENTARY INFORMATION:

Request for Comments

We encourage you to participate in

this rulemaking by submitting

comments or related material. If you do

so, please include your name and

address, identify the docket number for

this rulemaking (CGD01–99–070),

indicate the specific section of this

document to which each comment

applies, and give the reason for each

comment. Please submit all comments

and related material in an unbound

format, no larger than 81⁄2 by 11 inches,

suitable for copying. If you would like

to know if they reached us, please

enclose a stamped, self-addressed

postcard or envelope. We will consider

all comments and material received

during the comment period. We may

change this proposed rule in view of

them.

Public Meeting

We do not now plan to hold a public

meeting. But you may submit a request

for a meeting by writing to the First

Coast Guard District, Bridge Branch, at

the address under ADDRESSES explaining

why one would be beneficial. If we

determine that one would aid this

rulemaking, we will hold one at a time

and place announced by a later notice

in the Federal Register.

Background and Purpose

Bruckner Boulevard/Eastern Boulevard

Bridge

The Bruckner Boulevard/Eastern

Boulevard Bridge, mile 1.1, across the

Bronx River at the Bronx, has a vertical

clearance of 27 feet at mean high water

and 34 feet at mean low water. The

existing operating regulations for the

Bruckner Boulevard/Eastern Boulevard

Bridge in 33 CFR 117.771(a) require the

bridge to open on signal if at least a

four-hour advance notice is given to the

NYCDOT Radio Hotline, or NYCDOT

Bridge Operations Office. From 7 a.m. to

9 a.m. and 4 p.m. to 6 p.m., Monday

through Friday, the bridge need not

open for vessel traffic.

Hutchinson River Parkway Bridge

The Hutchinson River Parkway

Bridge, mile 0.9, across the Hutchinson

River at the Bronx, has a vertical

clearance of 30 feet at mean high water

and 38 feet at mean low water. The

existing operating regulations for the

Hutchinson River Parkway Bridge in 33

CFR 117.793(b) require the bridge to

open on signal if at least a six-hour

advance notice is given.

Bruckner Boulevard/Unionport Bridge

The Bruckner Boulevard/Unionport

Bridge, at mile 1.7, across Westchester

Creek at the Bronx, has a vertical

clearance of 14 feet at mean high water

and 21 feet at mean low water. The

existing operating regulations for the

Bruckner Boulevard Bridge in 33 CFR

117.815 require the bridge to open on

signal; except that, from 7 a.m. to 9 a.m.

and 4 p.m. to 6 p.m., Monday through

Friday, the draw need not open for

vessel traffic.

The owner of the bridges, the New

York City Department of Transportation

(NYCDOT), submitted bridge opening

log data to the Coast Guard for review.

The bridge owner plans to operate all

three bridges with multiple crews of

drawtenders after a two-hour advance

notice is given. The two-hour advance

notice for all three bridges will make the

advance notice requirement consistent

for each bridge allowing sufficient time

for the roving crews of drawtenders to

operate all three bridges. The closed

periods 7 a.m. to 9 a.m. and 4 p.m. to

6 p.m., Monday through Friday, for

Bruckner Boulevard/Unionport Bridge

and Bruckner Boulevard/Eastern

Boulevard Bridge will not be changed

by this rule. The number of bridge

openings at the three bridges are as

follows:

1998 1999

Bruckner/Unionport ................... 429 516

Bruckner/Eastern ...................... 0 0

Hutchinson Parkway ................. 75 129

The Coast Guard believes that the

owner’s proposal to use multiple crews

of roving drawtenders to operate these

bridges will meet the needs of

navigation. The bridge owner will

provide additional crews of drawtenders

in the event the number of bridge

opening requests increases.

The Coast Guard believes that the

two-hour advance notice is reasonable

because the bridges will still open on

signal, except during the closed periods

at Bruckner Boulevard/Unionport

Bridge and Bruckner Boulevard/Eastern

Boulevard Bridge, provided the twohour notice is given. The commercial

vessel transits on the Bronx River,

Hutchinson River, Eastchester Creek

and Westchester Creek are scheduled in

advance. Providing a two-hour notice

for bridge openings should not prevent

vessels from transiting the waterway in

a timely manner.

The advance notice time will be

reduced at the Bruckner Boulevard/

Eastern Boulevard and the Hutchinson

River Parkway bridges from four-hour

and six-hour advance notice,