Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Proposed Rules 24433

or exceed the required nominal full load

efficiency rating. The individual sample

efficiencies must comply with the nominal

efficiency tolerance required by the Standard.

Manufacturers information indicating

efficiency ratings must be in agreement with

CSA International’s records.

Selection of Basic Model Types To Represent

A Series of Motors

A minimum of five (5) basic model types

are required to be tested to verify the

efficiency ratings of a series of motors. The

basic model types are to be selected such that

they represent the complete range of motors

within the series. This may require that more

than 5 basic model types are selected. High

volume production motors are to be

represented in the basic model types

selected.

Samples Required for Scheduled Motor

Retesting

A goal for verifying continued compliance

with the standard is to re-test high volume

motors at least once every 2 years. Other

motors of different frame series are to be retested as needed to ensure continued

compliance.

The initial sample lot shall consist of one

motor. If the result equals or exceeds the

minimum result from the qualification tests,

then no further samples are required. If the

result is less than the minimum result from

the qualifying tests, then select motor

samples per the qualifying test procedure.

Summary of CSA International Section 4

Supporting Documentation

Section 4, Attachment 1, contains a copy

of an information letter to ‘‘All

Manufacturers, Distributors and Importers of

Three Phase Induction Motors Rated 1 hp to

200 hp,’’ which is entitled ‘‘CSA Energy

Efficiency Verification Program for Three

Phase Induction Motors Covered by CSA

Standard CAN/CSA C390-M85,’’ and

provides a table of applicable energy

efficiency levels extracted from Table 3 of

CSA Standard 390-M85, ‘‘Energy Efficiency

Test Methods for Three-Phase Induction

Motors.’’ On January 28, 2000, CSA

International provided to the U.S.

Department of Energy a copy of Table 2,

‘‘Minimum Nominal Efficiency (January

1996),’’ from CSA Standard C390–93, and

made the assertion that its verification

program tests to these requirements.

Also, Section 4, Attachment 1, contains a

copy of a CSA International information

bulletin addressed to ‘‘Manufacturers,

Distributors and Importers of Electric

Motors,’’ dated August 31, 1992, which is

entitled ‘‘CSA Energy Efficiency Verification

of Electric 3-Phase Induction Motors,’’ and

provides a ‘‘Guide to the CSA Energy

Efficiency Verification Service.’’

Section 4, Attachment 2, is a copy of the

CSA International Directory, ‘‘List of

Products CSA Verified for Energy Efficiency

1999,’’ DIR 016–99.

Section 5.—Examples of Other CSA

International Accreditations

The certification system and technical

capabilities of the Association have enabled

CSA International to be accredited nationally

and internationally for a wide product

spectrum such as electrical safety, energy

efficiency, plumbing and gas. See

Attachment 1 for examples of accreditations

CSA International has received.

Summary of CSA International Section 5

Supporting Documentation

Section 5, Attachment 1, contains copies of

the following documents CSA International

has received in recognition of its certification

system and technical capabilities:

1. Letter of inclusion in the register of

Recognized Certification Bodies for Electrical

Products (Safety) Regulation, from the

Electrical & Mechanical Services Department,

Hong Kong, December 27, 1997;

2. Certificate of Accreditation in

recognition of being an Accredited

Environmental Laboratory from the Canadian

Association for Environmental Analytical

Laboratories Inc. and the Standards Council

of Canada, December 1, 1998;

3. Letter of listing as an administrator for

the HUD Building Certification Program for

plastic plumbing fixtures, from the U.S.

Department of Housing and Urban

Development, September 19, 1997;

4. Letter of listing as an approved testing

laboratory from the International Association

of Plumbing and Mechanical Officials,

September 12, 1997;

5. Letter and certificates of accreditation

for commercial products testing plumbing

fixtures and fixture fittings from the National

Voluntary Laboratory Accreditation Program,

U.S. Department of Commerce, July 28, 1998;

6. Notice of final decision for recognition

of the Canadian Standards Association as a

Nationally Recognized Testing Laboratory

from the Occupational Safety and Health

Administration, U.S. Department of Labor, 61

FR 59110 (November 20, 1996);

7. Letter and certificates of approval as a

testing laboratory for electrical and

mechanical equipment (gas and plumbing)

from the City of Los Angeles, California,

December 31, 1996;

8. National Evaluation Service Committee

Report of findings that the Canadian

Standards Association complies with the

requirements for a testing laboratory for

HVAC and refrigeration equipment,

plumbing fixtures and material, electrical

products—including electric motors, natural

gas-fired appliance, oil-fired appliances and

precast/prestressed concrete products, from

the National Evaluation Service, Inc., May 1,

1996;

9. Letter of recognition as an approved

testing laboratory for gas, oil and electric

appliances and accessories from the

Department of Consumer & Industry Services,

State of Michigan, March 19, 1998;

10. Letter of accreditation to label electrical

and mechanical equipment from the North

Carolina Building Code Council, Department

of Insurance, State of North Carolina,

September 19, 1997;

11. Certificate of Accreditation as a

certification organization from the Standards

Council of Canada, October 5, 1993; and

12. Letter of renewal of accreditation as an

electrical testing laboratory from the

Department of Labor and Industries, State of

Washington, May 16, 1997.

[FR Doc. 00–8893 Filed 4–25–00; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 901

[SPATS No. AL–069–FOR]

Alabama Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing.

SUMMARY: The Office of Surface Mining

Reclamation and Enforcement (OSM) is

announcing receipt of an amendment to

the Alabama regulatory program

(Alabama program) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). Alabama proposes

revisions to and additions of regulations

concerning removal of coal incidental to

government financed construction and

general requirements for reclamation

plans. Alabama also corrected citation

references. Alabama intends to revise its

program to be consistent with the

corresponding Federal regulations.

This document gives the times and

locations that the Alabama program and

the proposed amendment to that

program are available for your

inspection, the comment period during

which you may submit written

comments on the amendment, and the

procedures that we will follow for the

public hearing, if one is requested.

DATES: We will accept written

comments until 4:00 p.m., c.d.t., May

26, 2000. If requested, we will hold a

public hearing on the amendment on

May 22, 2000. We will accept requests

to speak at the hearing until 4:00 p.m.,

c.d.t. on May 11, 2000.

ADDRESSES: You should mail or hand

deliver written comments and requests

to speak at the hearing to Arthur W.

Abbs, Director, Birmingham Field

Office, at the address listed below.

You may review copies of the

Alabama program, the amendment, a

listing of any scheduled public hearings,

and all written comments received in

response to this document at the

addresses listed below during normal

business hours, Monday through Friday,

excluding holidays. You may receive

one free copy of the amendment by

contacting OSM’s Birmingham Field

Office.

24434 Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Proposed Rules

Arthur W. Abbs, Director, Birmingham

Field Office, Office of Surface Mining,

135 Gemini Circle, Suite 215,

Homewood, Alabama 35209,

Telephone: (205) 290–7282

Alabama Surface Mining Commission,

1811 Second Avenue, P.O. Box 2390,

Jasper, Alabama 35502–2390,

Telephone (205) 221–4130

FOR FURTHER INFORMATION CONTACT:

Arthur W. Abbs, Director, Birmingham

Field Office. Telephone: (205) 290–

7282. Internet: aabbs@balgw.osmre.gov.

SUPPLEMENTARY INFORMATION:

I. Background on the Alabama Program

On May 20, 1982, the Secretary of the

Interior conditionally approved the

Alabama program. You can find

background information on the Alabama

program, including the Secretary’s

findings, the disposition of comments,

and the conditions of approval in the

May 20, 1982, Federal Register (47 FR

22062). You can find later actions on the

Alabama program at 30 CFR 901.15 and

901.16.

II. Description of the Proposed

Amendment

By letter dated April 11, 2000

(Administrative Record No. AL–0631),

Alabama sent us an amendment to its

program under SMCRA and the Federal

regulations at 30 CFR 732.17(b).

Alabama sent the amendment in

response to our letter dated January 13,

1998 (Administrative Record No. AL–

0577), that we sent to Alabama under 30

CFR 732.17(c). The amendment also

includes changes made at Alabama’s

own initiative. Alabama proposes to

amend the Alabama Surface Mining

Commission (ASMC) rules. Below is a

summary of the changes proposed by

Alabama. The full text of the program

amendment is available for your

inspection at the locations listed above

under ADDRESSES.

A. 880–X–2A–.06, Definitions

Alabama proposes to revise the

definition of ‘‘government-finance

construction’’ to read as follows:

Government-finance construction means

construction funded 50 percent or more by

funds appropriated from a government

financing agency’s budget or obtained from

general revenue bonds. Funding at less than

50 percent may qualify if the construction is

undertaken as an approved reclamation

project under Title IV of the Federal Surface

Mining Control and Reclamation Act, 30

U.S.C. 1201 et seq., as amended.

Construction funded through government

financing agency guarantees, insurance,

loans, funds obtained through industrial

revenue bonds or their equivalent, or in-kind

payments does not qualify as governmentfinanced construction.

Alabama also corrected citation

references in the definitions of ‘‘material

damage’’ and ‘‘occupied residential

dwelling and structures related thereto.’’

B. 880–X–2D–.04, Applicability

Alabama proposes to add language to

this section to provide that, with the

exception of the requirements of new

section 880–X–2D–.06, coal extraction

which is incidental to governmentfinanced construction is exempt from

the Alabama Surface Mining Control

and Reclamation Act (ASMCRA) and its

implementing regulations.

C. 880–X–2D–.06, Additional

Requirements for Coal Removal

Incidental to Abandoned Mine Land

Projects

Alabama proposes to add this new

section to provide additional

requirements for coal removal

incidental to Abandoned Mine Lands

(AML) projects. The requirements of

this section apply to coal removal

incidental to government financed

construction where funding for the

project is less than 50 percent and the

construction is undertaken as an

approved reclamation project under

Title IV of the Federal Surface Mining

Control and Reclamation Act, 30 U.S.C.

1201 et seq., as amended. Paragraph (1)

requires the AML contractor and any

subcontractor involved in the removal

of coal from, or processing of coal on,

the project site to obtain or possess a

valid license under 880–X–6. Paragraph

(2) requires the AML contractor to

identify the prospective purchasers or

end users of all coal that he or she will

extract under the project before the

ASMC can grant concurrence under 30

CFR 874.17. Paragraph (3) requires the

AML contractor to maintain records of

the exact tonnage of coal removed, as

well as the names and addresses of all

purchasers or end users of the coal at

the project site. The AML contractor

must make these records available to the

ASMC upon request. Paragraph (4)

provides that this exemption applies

only to coal located within the

boundaries of the approved construction

project. In addition, removal of the coal

must be necessary to achieve the

objectives of the AML project. Paragraph

(5) provides that both the Alabama

Department of Industrial Relations and

the ASMC must approve the project in

accordance with the provisions of 30

CFR 874.17 before the AML contractor

can remove coal under this Subchapter.

Finally, paragraph (6) provides that all

coal removal under this exemption must

be under the direct supervision of the

AML contractor. He or she is liable for

any violations of these regulations.

D. 880–X–8I–.08, Reclamation Plan:

General Requirements

Alabama proposes to add two

additional sentences to section 880–X–

8I–.08(2)(d) to read as follows:

A demonstration of the suitability of

topsoil substitutes or supplements shall be

based upon analysis of the thickness of soil

horizons, total depth, texture, percent coarse

fragments, pH, and areal extent of the

different kinds of soils. The regulatory

authority may require other chemical and

physical analyses, field-site trials, or

greenhouse tests if determined to be

necessary or desirable to demonstrate the

suitability of the topsoil substitutes or

supplements.

E. 880–X–8I–.10, Subsidence Control

Plan

Alabama corrected a citation reference

at 880–X–8I–.10(2)(h).

III. Public Comment Procedures

Under the provisions of 30 CFR

732.17(h), we are seeking comments on

whether the proposed amendment

satisfies the applicable program

approval criteria of 30 CFR 732.15. If we

approve the amendment, it will become

part of the Alabama program.

Written Comments: If you submit

written or electronic comments on the

proposed rule during the 30-day

comment period, they should be

specific, confined to issues pertinent to

the notice, and 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,

WordPerfect, or Word file avoiding the

use of special characters and any form

of encryption. Please also include ‘‘Attn:

SPATS NO. AL–069–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

Birmingham Field Office at (205) 290–

7282.

Availability of Comments: Our

practice is to make comments, including

names and home addresses of

respondents, available for public review

during regular business hours at OSM’s

Birmingham Field Office (see

ADDRESSES). Individual respondents

may request that we withhold their

home address from the administrative

record, which we will honor to the

extent allowable by law. There also may

be circumstances in which we would

withhold from the administrative record

a respondent’s identity, as allowable by

law. If you wish us to withhold your

Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Proposed Rules 24435

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., c.d.t. on May 11, 2000. We will

arrange the location and time of the

hearing 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 the

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.

If you are disabled and need a special

accommodation to attend a public

hearing, you should contact the person

listed under FOR FURTHER INFORMATION

CONTACT.

Public Meeting: If only one person

requests an opportunity to speak at a

hearing, we may hold a public meeting

rather than a public hearing. If you wish

to meet with us to discuss the proposed

amendment, you may request a meeting

by contacting the person listed under

FOR FURTHER INFORMATION CONTACT. All

such meetings are open to the public

and, if possible, we will post notices of

meetings at the locations listed under

ADDRESSES. We will also make a written

summary of each meeting 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 regulations.

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

under 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 this section. However, these

standards are not applicable to the

actual language of State regulatory

programs and program amendments

since each program is drafted and

promulgated by a specific State, not

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 (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.

Therefore, 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 regulations.

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 901

Intergovernmental relations, Surface

mining, Underground mining.

Dated: April 13, 2000.

Ervin J. Barchenger,

Acting Regional Director, Mid-Continent

Regional Coordinating Center.

[FR Doc. 00–10389 Filed 4–25–00; 8:45 am]

BILLING CODE 4310–05–P