Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Proposed Rules 42713

commodity with the contractor

designated by USAID. In the case of a

physical inspection of the commodity,

the supplier shall make the commodity

available to the contractor’s inspector

and, when applicable, in a condition for

operational testing. The supplier shall

provide reasonable assistance to the

inspector in completing the inspection,

to include, but not limited to,

unpacking, packing, weighing, etc. Any

costs associated with making the

commodity available for inspection will

be for the account of the supplier.

5. Section 201.48 is added to read as

follows:

§ 201.48 Preshipment inspection of

commodities.

For each shipment under a purchase

contract with an f.o.b. value in excess of

$100,000, a preshipment documentary

inspection is required. For each

shipment under a purchase contract

with an f.o.b. value in excess of

$1,000,000, a full preshipment

inspection, to include a physical

inspection, is required unless USAID

determines in writing to limit the

inspection to a review of the

documentation for the transaction.

USAID may also require documentary

and/or physical inspections in other

situations.

6. Section 201.52 is amended to

remove ‘‘(8)’’ in paragraph (a),

introductory text, and add ‘‘(9)’’ in its

place and to add a new paragraph (a)(9)

to read as follows:

§ 201.52 Required documents.

(a) * * *

(9) Pre-shipment inspection report.

When required in the letter of credit,

direct letter of commitment, or other

payment document, one signed original

of the ‘‘clean’’ inspection report, issued

by the inspection firm designated by

USAID to undertake preshipment

inspections.

* * * * *

7. Section 201.60 is amended by

revising paragraph (c) as follows:

§ 201.60 Purpose and applicability of this

subpart.

* * * * *

(c) Compliance. Compliance with this

subpart G and with any additional price

requirement contained in the

implementing document shall be a

condition to the financing by USAID of

procurement transactions under this

part. Preshipment inspection of the

commodities will include a price review

for compliance. Additionally, USAID

may post-audit transactions to

determine that there has been

compliance.

8. Section 201.63 is amended by

removing paragraphs (c), (d) and (e); by

redesignating paragraphs (f) and (g) as

paragraphs (c) and (d), respectively; by

removing ‘‘(f)(1)’’ from the newly

redesignated paragraph (c)(2) and

adding ‘‘(c)(1)’’ in its place, and by

revising paragraphs (a) and (b) as

follows:

§ 201.63 Maximum prices for commodities.

(a) Prevailing export market price. (1)

The purchase price of a commodity

shall not exceed the prevailing export

price range in the country of supply for

comparable goods sold under

comparable terms of sale. If there are no

export sales of comparable goods, then

the purchase price shall not exceed the

prevailing domestic price range in the

country of supply for comparable goods,

adjusted upward or downward by the

appropriate export differential. The

prevailing price range, whether export

or domestic, shall be determined

through analysis of prices during a

reference period prior to the date the

purchase price for the USAID-financed

transaction was fixed. The analysis

identifies the applicable range of prices

which the ex-factory or f.o.b. price of

the commodity shall not exceed.

(2) The purchase price of a

commodity from a source outside the

United States shall also not exceed the

prevailing export price range in the

United States for comparable goods sold

under comparable terms of sale, as

determined in paragraph (a)(1) of this

section, adjusted for differences in the

cost of transportation to destination

when applicable.

(b) Paragraph (a) of this section shall

not apply to the purchase price:

(1) In any sale under formal

competitive bid procedures; or

(2) In any sale of a commodity

generally traded on an organized

commodity exchange.

* * * * *

9. In § 201.64, paragraph (a) is revised

to read as follows:

§ 201.64 Application of the price rules to

commodities.

(a) Calculation of commodity prices

on a common basis. In testing whether

the purchase price of a commodity

complies with the requirements of

§ 201.63(a) it is necessary to insure that

the price being tested as well as the

prices being used as a test or

measurement are calculated on the basis

of delivery alongside or on board the

vessel or other export conveyance.

Therefore, in addition to the price of the

commodity at an internal point in the

source country, prices will include

transportation from that point to the

port of export in the source country and,

to the extent not already included in the

price at the internal point, inspection,

export packing, forwarder’s fees at

customary rates, the cost of placing the

commodities on board the vessel or

export conveyance (unless this cost is

covered in the export freight), and other

necessary costs customary in the trade.

§ 201.64 [Added]

9. In § 201.64, paragraph (b)(1) is

amended by removing ‘‘(c), (d) and (e),’’

and paragraph (c) is amended by

removing ‘‘(f)(1)’’, ‘‘(f)(1)(i)’’ and ‘‘(f)(2)’’

from wherever they appear in and

adding ‘‘(c)(1)’’, ‘‘(c)(1)(i)’’ and ‘‘(c)(2)’’,

respectively, in their places.

Dated: June 26, 1997.

Marcus L. Stevenson,

Procurement Executive.

[FR Doc. 97–20718 Filed 8–7–97; 8:45 am]

BILLING CODE 6116–71–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 914

[SPATS No. IN–139–FOR]

Indiana Abandoned Mine Land

Reclamation Plan

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 Indiana

abandoned mine land reclamation plan

(hereinafter referred to as the ‘‘Indiana

plan’’) under the Surface Mining

Control and Reclamation Act of 1977

(SMCRA). The proposed amendment

consists of revisions to the Indiana plan

pertaining to procedures for ranking and

selecting reclamation projects,

coordination with other programs,

reclamation of private land, public

participation policies, organization of

designated agency, Applicant/Violator

System (AVS) requirements, flora and

fauna of southwestern Indiana, and the

emergency reclamation program. The

amendment is intended to revise the

Indiana plan to be consistent with the

corresponding Federal regulations and

SMCRA.

DATES: Written comments must be

received by 4:00 p.m., e.s.t., September

8, 1997. If requested, a public hearing

on the proposed amendment will be
42714 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Proposed Rules

held on September 2, 1997. Requests to

speak at the hearing must be received by

4:00 p.m., e.s.t. on August 25, 1997.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Andrew

R. Gilmore, Indianapolis Field Office, at

the address listed below

Copies of the Indiana plan, the

proposed amendment, a listing of any

scheduled public hearings, and all

written comments received in response

to this document will be available for

public review at the addresses listed

below during normal business hours,

Monday through Friday, excluding

holidays. Each requester may receive

one free copy of the proposed

amendment by contacting OSM’s

Indianapolis Field Office.

Andrew R. Gilmore, Director,

Indianapolis Field Office, Office of

Surface Mining Reclamation and

Enforcement, Minton-Capehart Federal

Building, 575 North Pennsylvania

Street, Room 301, Indianapolis, IN

46204, Telephone: (317) 226–6700.

Indiana Department of Natural

Resources, 402 West Washington Street,

Room C256, Indianapolis, Indiana

46204, Telephone: (317) 232–1547.

FOR FURTHER INFORMATION CONTACT:

Andrew R. Gilmore, Director,

Indianapolis Field Office, Telephone:

(317) 226–6700.

SUPPLEMENTARY INFORMATION:

I. Background on the Indiana Plan

On July 29, 1982, the Secretary of the

Interior approved the Indiana plan.

Background information on the Indiana

plan, including the Secretary’s findings,

the disposition of comments, and the

approval of the plan can be found in the

July 26, 1982, Federal Register (47 FR

32110). Subsequent actions concerning

the Indiana plan and amendments to the

plan can be found at 30 CFR 914.20 and

914.25.

II. Description of the Proposed

Amendment

By letter dated July 23, 1997

(Administrative Record No. IND–1579),

Indiana submitted a proposed

amendment to its plan pursuant to

SMCRA. Indiana submitted the

proposed amendment in response to a

September 26, 1994, letter

(Administrative Record No. IND–1583)

that OSM sent to Indiana in accordance

with 30 CFR 884.15(d) and at its own

initiative. The full text of the proposed

program amendment submitted by

Indiana is available for public

inspection at the locations listed above

under ADDRESSES. A brief discussion of

the proposed amendment is presented

below.

1. Miscellaneous Changes

Indiana made editorial and clarifying

language changes throughout its plan.

The changes include the following: (1)

Revising the current organizational

structure for management of the Indiana

abandoned mined lands reclamation

program, (2) changing each reference to

the ‘‘Soil Conservation Service/SCS’’ to

the ‘‘Natural Resources Conservation

Service/NRCS,’’ (3) changing references

to statute citations to reflect recent

recodification of the Indiana Surface

Coal Mining and Reclamation Act, and

(4) changing various provisions to

reflect revised grant procedures

implemented by OSM that do not

require specific project submissions at

the time of grant application.

2. Reclamation Project Ranking and

Selection Procedures, 884.13(c)(2)

a. Indiana added an additional

example of a Priority II AML problem.

Potential sites may now include ‘‘any

water body adversely affected by acid

drainage derived from coal mine sources

which has reduced recreational or

aesthetic value and for which there is

local support for reclamation.’’

b. Indiana deleted the former Priority

IV designation of ‘‘AML problems

which present a potential for research

and demonstration projects related to

mine reclamation’’ and renumbered

former Priority V and VI as priority IV

and V, respectively.

c. Indiana added the following new

provision: ‘‘Remined Sites—Any site

that is eligible for AML reclamation

fund expenditures, that is remined or

reaffected by mining, remains eligible

for AML reclamation after bond release

or bond forfeiture.’’

3. Coordination with Other Programs,

884.13(c)(3)

a. Indiana removed the language

‘‘Division of Reclamation annual plans

will be developed with SCS as funding

is made available’’.

b. Indiana removed the existing

language in the emergency policy

provision, and added the new language

‘‘Indiana’s implementation of the

Emergency Reclamation Program is

defined in the attached Amendment

E.R.P.’’

4. Reclamation of Private Land,

884.13(c)(5)

a. Indiana removed the minimum 30-

day time period for allowing the

landowner to repay the amount of a

proposed lien, and added the

requirement that the landowner shall be

allowed a reasonable time to prepay the

amount of a proposed lien.

b. Indiana added a new provision that

allows the landowner, within 60 days of

the lien being filed, to petition under

local law to determine the increase in

market value of the land as a result of

the reclamation work.

5. Public Participation Policies,

884.13(c)(7)

a. Indiana added the following new

public participation policy statement:

‘‘The publication ‘Citizens guide to

Indiana’s Abandoned Mine Land

Program’ is widely circulated to all

interested citizens.’’

b. Indiana removed the existing

language pertaining to the

intergovernment review process (EO

12372) and added the language ‘‘This

direct contact has replaced the E.O.

12372 requirements that Indiana has

chosen not to apply to the AML

program.’’

c. Indiana deleted the paragraph

specifying the public meeting format.

6. Organization of the Designated

Agency, 884.13(d)(1)

a. Indiana deleted the paragraph on

the ‘‘Geological Survey Division.’’

b. The organizational chart of the

Department of Natural Resources was

revised to reflect the current

organization.

c. Under the heading ‘‘Pay Requests

and Change Orders,’’ Indiana removed

the paragraph on payment to

engineering firms.

d. The organizational chart of the

Division of Reclamation was revised to

reflect the current organization.

7. Purchasing and Procurement,

884.13(d)(3)—Applicant/Violator

System (AVS) Requirements

Indiana added a new provision,

entitled ‘‘Indiana AML Applicant/

Violator System (AVS) Program,’’ to

address requirements and procedures

for AVS checks on potential AML

contractors.

8. Flora and Fauna of Southwestern

Indiana, 884.13(f)(3)

a. Indiana removed its reference to

only Priority II sites and added the

requirement that sites be evaluated to

determine the presence of wetlands,

endangered species, or other

environmental concerns.

b. Significant Features Review—This

provision was revised to clarify

interaction with other Divisions in

identifying important natural features

and to clarify policy on potential

conflicts with endangered species or

unique natural features.
Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Proposed Rules 42715

9. Reclamation Review Checklist

Indiana made various revisions to the

reclamation review checklist. These

revisions include adding the

consideration of impacts to State Nature

Preserves, State Forests, State

Reservoirs, and State endangered or

threatened species and deleting the

consideration of historic and cultural

resources and Federal threatened and

endangered species.

10. Amendment E.R.P. (Emergency

Reclamation Program)

Indiana deleted the table of contents

and its reference to 30 CFR 884.13(c)(5)

and (6) and revised the restoration

program organizational structure chart

and the description of responsibilities

for the emergency program coordinator.

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 884.15(a), OSM is seeking

comments on whether the proposed

amendment satisfies the applicable

program approved criteria of 30 CFR

884.14. If the amendment is deemed

adequate, it will become part of the

Indiana program.

Written Comments

Written comments should be specific,

pertain only to the issues proposed in

this rulemaking, and include

explanations in support of the

commenter’s recommendations.

Comments received after the time

indicated under DATES or at locations

other than the Indianapolis Field Office

will not necessarily be considered in the

final rulemaking or included in the

Administrative Record.

Public Hearing

Persons wishing to speak at the public

hearing should contact the person listed

under FOR FURTHER INFORMATION

CONTACT by 4:00 p.m., e.s.t. on August

25, 1997. The location and time of the

hearing will be arranged with those

persons requesting the hearing. 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.

Filing of a written statement at the

time of the hearing is requested as it

will greatly assist the transcriber.

Submission of written statements in

advance of the hearing will allow OSM

officials to prepare adequate responses

and appropriate questions. The public

hearing will continue on the specified

date until all persons scheduled to

speak have been heard. Persons in the

audience who have not been scheduled

to speak, and who wish to do so, will

be heard following those who have been

scheduled. The hearing will end after all

persons scheduled to speak and persons

present in the audience who wish to

speak have been heard. If no one

requests an opportunity to speak at the

public hearing, the hearing will not be

held.

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. Persons wishing

to meet with OSM representatives to

discuss the proposed amendment 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

This proposed rule is exempted from

review by the Office of Management and

Budget (OMB) under Executive Order

12866 (Regulatory Planning and

Review).

Executive Order 12988

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988

(Civil Justice Reform) 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 and Tribal abandoned mine

land reclamation plans and revisions

thereof since each such plan is drafted

and promulgated by a specific State or

Tribe, not by OSM. Decisions on

proposed abandoned mine land

reclamation plans and revisions thereof

submitted by a State or Tribe are based

on a determination of whether the

submittal meets the requirements of

Title IV of SMCRA (30 U.S.C. 1231–

1243) and 30 CFR Part 884.

National Environmental Policy Act

No environmental impact statement is

required for this rule since agency

decisions on proposed State or Tribal

abandoned mine land reclamation plans

and revisions thereof are categorically

excluded from compliance with the

National Environmental Policy Act (42

U.S.C. 4332) by the Manual of the

Department of the Interior (516 DM 6,

appendix 8, paragraph 8.4B(29)).

Paperwork Reduction Act

This rule does not contain

information collection requirements that

require approval by OMB 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 submittal which

is the subject of the rule is based upon

corresponding 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. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions in the analyses for

the corresponding Federal regulations.

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 914

Intergovernmental relations, Surface

mining, Underground mining.

Dated: July 31, 1997.

Charles E. Sandberg,

Acting Regional Director, Mid-Continent

Regional Coordinating Center.

[FR Doc. 97–21034 Filed 8–7–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 936

[SPATS No. OK–022–FOR]

Oklahoma 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 Oklahoma

regulatory program (hereinafter the

‘‘Oklahoma program’’) under the