39288 Federal Register / Vol. 65, No. 123 / Monday, June 26, 2000 / Rules and Regulations

800 North Capitol Street, NW., suite 700,

Washington, DC.

Effective Date of This AD

(f) This amendment becomes effective on

July 31, 2000.

Issued in Burlington, Massachusetts, on

June 9, 2000.

David A. Downey,

Assistant Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 00–15424 Filed 6–23–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF STATE

22 CFR Part 51

Public Notice [3341]

Passport Procedures—Amendment to

Execution of Passport Application

Regulation

AGENCY: Bureau of Consular Affairs,

State.

ACTION: Final rule.

SUMMARY: This final rule extends from

12 years to 15 years the period,

following the issue date of the previous

passport, in which persons who

previously have been issued a United

States passport may apply for a new

passport by mail. However, this rule

does not change the statutory

requirement that a person who applies

for a United States passport must

establish United States citizenship and

identity.

EFFECTIVE DATE: This rule is effective

July 26, 2000 without further action.

ADDRESSES: Interested persons are

invited to submit comments to: Chief,

Legal Division, Office of Passport

Policy, Planning and Advisory Services,

2401 E Street, NW., Room-H917,

Washington, DC 20522–0917.

FOR FURTHER INFORMATION CONTACT:

Sharon E. Palmer-Royston, Office of

Passport Policy, Planning and Advisory

Services, Bureau of Consular Affairs,

Department of State (202) 663–2430;

telefax (202) 663–2654.

SUPPLEMENTARY INFORMATION:

Background

The regulation governing the

execution of a passport application, at

section 51.21(a) in Title 22 of the Code

of Federal Regulations, provides that a

person who has not been issued a

passport in his or her own name within

12 years of the date of a new application

shall appear in person when applying

for a new passport. The personal

appearance requirement to verify the

applicant’s identity is consistent with

the requirement in 22 U.S.C. 212 that

the Secretary of State shall issue

passports only to nationals of the United

States, and the mandate in 22 U.S.C.

2705 that a United States passport

issued for a period of full validity is

proof of United States citizenship and

the identity of the bearer.

The existing regulations at 22 CFR

51.21(c) and (d) further clarify sec.

51.21(a) by providing that persons who

previously have been issued a passport,

when 18 years of age or older, may

obtain a new passport by mail, provided

that the application for a new passport

is submitted together with the previous

passport not more than 12 years

following the issue date of the previous

passport. The provision to apply by mail

is pursuant to the authority in 22 U.S.C.

213 that the Secretary of State may

excuse personal appearance for a

passport applicant in certain

circumstances.

This final rule amends 22 CFR

51.21(a), (c)(2) and (d)(2) to provide that

persons who have previously been

issued a full validity passport may

apply for a new passport by mail if the

application is accompanied by their

previous passport not more than 15

years following the issue date of the

previous passport. The Department has

determined that during the additional

three years, the appearance of the

person applying for a passport is

unlikely to have changed so much as to

preclude identification. Accordingly,

the Department believes it is reasonable

that during a period of up to 15 years

following the issue date of the previous

passport a person may apply for a new

passport by mail, provided that proper

identification of the applicant can be

made from the documents and

photographs accompanying the

application.

Further, this final rule amends 22 CFR

51.21(c)(1) and (d)(1) to provide that the

age of the applicant when the most

recently issued passport was issued is

lowered from 18 years of age to 16 years

of age. This change is required to be

consistent with the provisions

governing the validity of passports in 22

CFR 51.4(b), which was amended on

February 1, 1998, by lowering the age of

eligibility for a passport valid for ten

years from 18 years of age to 16 years

of age.

Finally, this rule amends 22 CFR

51.80, concerning procedures for review

of adverse actions, by revising the

wording in subsection 51.80(a) to read

more clearly.

Since the rule makes a benefit

available to the class of affected persons

at a reduced cost, because the fee for a

passport obtained by a mail application

is less than the fee for a passport

obtained by an application requiring

personal appearance, the Department

has determined that prepublication

notice and comment are unnecessary

and are exempted by 5 U.S.C. 553(b)(B),

the ‘‘good cause’’ exemption.

The Department does not consider

this rule to be a major rule for purposes

of E.O. 12291. These changes to the

regulations are hereby certified as not

expected to have a significant impact on

a substantial number of small entities

under the criteria of the Regulatory

Flexibility Act, 5 U.S.C. 605(b). This

rule does not impose information

collection requirements under the

provisions of the Paperwork Reduction

Act, 44 U.S.C., Chapter 35. Nor does the

rule have federalism implications

warranting the application of Executive

Order No. 12372 and No. 13132. This

rule is exempt from E.O. 12866, but the

Department has reviewed the rule to

ensure consistency with the objectives

of the Executive Order, as well as with

E.O. 12988, and the Office of

Management and Budget has

determined this rule would not

constitute a significant regulatory action

under E.O. 12866.

List of Subjects in 22 CFR Part 51

Administrative practice and

procedure, Drug traffic control,

Passports and visas, Reporting and

recordkeeping requirements.

Accordingly, this rule amends 22 CFR

chapter I as follows:

PART 51—[AMENDED]

1. The authority citation for part 51

continues to read as follows:

Authority: 22 U.S.C. 211a; 22 U.S.C. 2651a,

2671(d)(3), 2714 and 3926; 31 U.S.C. 9701;

E.O. 11295, 3 CFR, 1966–1970 Comp., p 570;

sec. 129, Pub. L. 102–138, 105 Stat. 661; 8

U.S.C. 1504.

2. In Subpart B, § 51.21 is amended by

revising the word ‘‘twelve’’ to read

‘‘fifteen’’ in the heading of paragraph

(a), by revising the number ‘‘12’’ to read

‘‘15’’ in paragraphs (a), (c)(2) and (d)(2),

and by revising the number ‘‘18’’ to read

‘‘16’’ in paragraphs (c)(1) and (d)(1).

3. In Subpart F, § 51.80, is revised to

read as follows:

§ 51.80 The applicability of §§ 51.81

through 51.89.

(a) The provisions of §§ 51.81 through

51.89 do not apply to any action of the

Secretary of State taken on an

individual basis in denying, restricting,

revoking or invalidating a passport or in

any other way adversely affecting the

ability of a person to receive or use a

passport by reason of:

Federal Register / Vol. 65, No. 123 / Monday, June 26, 2000 / Rules and Regulations 39289

(1) Noncitizenship,

(2) Refusal under the provisions of

§ 51.70(a)(8),

(3) Refusal to grant a discretionary

exception under the emergency or

humanitarian relief provisions of

§ 51.71(c), or

(4) Refusal to grant a discretionary

exception from geographical limitations

of general applicability.

(b) The provisions of this subpart

shall otherwise constitute the

administrative remedies provided by the

Department to persons who are the

subjects of adverse action under

§§ 51.70, 51.71 or 51.72.

Dated: June 2, 2000.

Mary A. Ryan,

Assistant Secretary for Consular Affairs,

Department of State.

[FR Doc. 00–16089 Filed 6–23–00; 8:45 am]

BILLING CODE 4710–06–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 938

[PA–129–FOR]

Pennsylvania Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule.

SUMMARY: OSM is approving an

amendment to the Pennsylvania

regulatory program (Pennsylvania

program) under the Surface Mining

Control and Reclamation Act of 1977

(SMCRA), 30 U.S.C. 1201 et seq., as

amended. The amendment revises

certain portions of 25 Pennsylvania

Code Chapter 86, Surface and

Underground Mining: General; Chapter

87, Surface Mining of Coal; Chapter 88,

Anthracite Coal; Chapter 89,

Underground Mining of Coal and Coal

Preparation Facilities; and Chapter 90,

Coal Refuse Disposal. The amendments

are intended to revise the Pennsylvania

program to be consistent with the

corresponding Federal regulations.

EFFECTIVE DATE: June 26, 2000.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert J. Biggi, Office of Surface Mining

Reclamation and Enforcement,

Harrisburg Field Office, Third Floor,

Suite 3C, Harrisburg Transportation

Center (Amtrack), 415 Market Street,

Harrisburg, Pennsylvania 17101,

Telephone: (717) 782–4036.

SUPPLEMENTARY INFORMATION:

I. Background on the Pennsylvania Program

II. Submission of the Amendment

III. Director’s Findings

IV. Summary and Disposition of Comments

V. Director’s Decision

VI. Procedural Determinations

I. Background on the Pennsylvania

Program

On July 30, 1982, the Secretary of the

Interior conditionally approved the

Pennsylvania program. You can find

background on the Pennsylvania

program, including the Secretary’s

findings, the disposition of comments,

and the conditions of the approval in

the July 30, 1982 Federal Register (47

FR 33079). Subsequent actions

concerning the regulatory program

amendments are codified at 30 CFR

938.11, 938.15 and 938.16.

II. Submission of the Amendment

By letter dated November 30, 1999

(Administrative Record No. PA–849.02),

the Pennsylvania Department of

Environmental Protection (PADEP)

submitted an amendment to its

approved permanent regulatory program

pursuant to the Federal regulations at 30

CFR 732.17(b). Pennsylvania did so as a

result of its Regulatory Basics Initiative

(RBI) intended to revise regulations

considered to be unclear, unnecessary

or more stringent than the

corresponding Federal regulation. The

proposed rulemaking was published in

the December 17, 1999 Federal Register

(64 FR 70644). The public comment

period closed on January 18, 2000. No

one requested to speak at a public

hearing, so no hearing was held.

III. Director’s Findings

Set forth below, pursuant to SMCRA

and the Federal regulations at 30 CFR

732.15 and 732.17, are the Director’s

findings concerning the amendments to

the Pennsylvania regulatory program.

Revisions not specifically discussed

below concern paragraph notations to

reflect organizational changes resulting

from this amendment.

PADEP is amending certain

provisions of 25 Pennsylvania Code,

Chapters 86 through 90, as follows:

Chapter 86, Surface and Underground

Coal Mining: General

Section 86.2 Scope

PADEP is correcting a grammatical

error by changing the word ‘‘specify’’ to

‘‘specifies’’ in the opening paragraph.

This is a non-substantive change that

does not require OSM approval.

Section 86.37 Criteria for Permit

Approval or Denial

PADEP is modifying subdivision

(a)(4) to assure activities proposed

under the application have been

designed to prevent material damage to

the hydrologic balance outside the

proposed permit area, while eliminating

the reference to damage to the

hydrologic balance within the permit

area, by adding the word ‘‘material’’

before ‘‘damage’’ and eliminating the

words ‘‘within and’’ before the word

‘‘outside’’. The Director finds that the

changes described above render

§ 86.37(a)(4) substantively identical to

and therefore no less effective than the

corresponding portion of the Federal

provision at 30 CFR 773.15(c)(5).

PADEP is modifying subdivision

(a)(6) regarding the effects of proposed

coal mining activities on properties

listed on or eligible for listing on the

National Register of Historic Places by

deleting the phrase ‘‘or eligible for

inclusion on’’ from the second sentence

and re-ordering the sentences. The first

two sentences of subdivision (6) now

state that ‘‘[t]he proposed activities will

not adversely affect any publicly owned

parks or places included on the National

Register of Historic Places, except as

provided for in Subchapter D. The effect

of the proposed coal mining activities

on properties listed on or eligible for

listing on the National Register of

Historic Places has been taken into

account by the Department’’. The

Director finds that the changes

described above render § 86.37(a)(6)

substantively identical to and therefore

no less effective than the Federal

Regulations at 30 CFR 773.15(c)(3) and

761.11(c).

Section 86.40 Permit Terms

PADEP is modifying subsection (b) by

adding criteria under which the

Department may grant an extension of

time for commencement of mining

activities by adding the phrase ‘‘or if

there are conditions beyond the control

and without the fault or negligence of

the permittee.’’ The Director finds that

the changes described above are

substantively identical to and therefore

no less effective than the Federal

Regulations at 30 CFR 773.19(e)(2)(ii).

Section 86.64 Right of Entry

PADEP is modifying this section by

adding additional criteria for

documenting right of entry by adding

the following sentence to subsection (a):

‘‘The description shall identify the

documents by type and date of

execution, identify the specific lands to

which the document pertains and

explain the legal rights claimed by the

applicant’’. Existing subdivisions (b)(1)

and (2) are eliminated and new

subdivisions (b)(1) through (3) are

added specifying the documents