4458 Federal Register / Vol. 62, No. 20 / Thursday, January 30, 1997 / Rules and Regulations

PART 943—TEXAS

1. The authority citation for Part 943

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 943.15 is amended by

adding paragraph (p) to read as follows:

§ 943.15 Approval of regulatory program

amendments.

* * * * *

(p) With the exceptions noted below,

the recodification of Article 5920–11,

Vernon’s Texas Civil Statutes, Sections

1 through 38 to Chapter 134 of Title 4,

Natural Resources Code, Sections

134.001 through 134.188, the revisions

to and the addition of statutes to the

Texas Surface Coal Mining and

Reclamation Act as submitted to OSM

on August 24, 1995, and supplemented

with explanatory information on April 2

and July 30, 1996, are approved

effective January 30, 1997.

(1) The Director is not approving

Chapter 134, Section 134.022(c) which

extends the date for valid existing rights

to May 9, 1979, for the provisions

relating to areas unsuitable for mining.

(2) The Director is not approving

Chapter 134, Section 134.068, which

requires an applicant to file a schedule

listing only notices of violations of

Chapter 134 or of a law, rule, or

regulation of the United States or Texas

pertaining to air or water environmental

protection.

(3) The Director is approving Chapter

134, Section 134.176, except to the

extent that the recodified statute does

not include the previously approved

provision that the person charged with

a penalty waives all legal rights to

contest the violation or amount of the

penalty unless the proposed penalty is

paid within 30 days.

3. Section 943.25 is revised to read as

follows:

§ 943.25 Approval of abandoned mine land

reclamation plan amendments.

(a) The amendment, as submitted by

Texas on May 11 and 26, 1989, and

clarified by it on April 13, 1992,

certifying completion of reclamation on

all lands adversely impacted by past

coal mining, is approved effective

August 19, 1992.

(b) The recodification of Article 5920–

11, Vernon’s Texas Civil Statutes,

Section 3(7) to Chapter 134 of Title 4,

Natural Resources Code, Section

134.142 and revision to statutes of the

Texas Surface Coal Mining and

Reclamation Act concerning the Texas

abandoned mine land reclamation plan

as submitted to OSM on August 24,

1995, are approved effective January 30,

1997.

[FR Doc. 97–2329 Filed 1–29–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Parts 220 and 352

Third Party Collection Program and

Comptroller of the Department of

Defense Organizational Chart;

Removal

AGENCY: Department of Defense.

ACTION: Final rule.

SUMMARY: This document removes the

Department of Defense’s Third Party

Collection (TPC) Program and the

organizational charter on the

Comptroller of the Department of

Defense codified in the CFR. The parts

have served the purpose for which they

were intended and are no longer

necessary in the CFR.

EFFECTIVE DATE: January 30, 1997.

FOR FURTHER INFORMATION CONTACT:

L. Bynum or P. Toppings, 703-697–

4111.

SUPPLEMENTARY INFORMATION: DoD

Instruction 6010.15, ‘‘Third Party

Collection (TPC) Program’’ (32 CFR part

220) was replaced by DoD Instruction

6015.23. DoD Directive 5118.3,

‘‘Comptroller of the Department of

Defense (C, DoD)’’ (32 CFR part 352)

was revised by a January 6, 1997

version. Copies of the DoD Instruction

6015.23 and DoD Directive 5118.3 may

be obtained from the National Technical

Information Service (NTIS), 5285 Port

Royal Road, Springfield, VA 22161.

List of Subjects

32 CFR Part 220

Claims, Health care, Health insurance,

Military personnel.

32 CFR Part 352

Organization and functions.

PARTS 220 AND 352—[REMOVED]

Accordingly, by the authority of 10

U.S.C. 301, 32 CFR parts 220 and 352

are removed.

Dated: January 24, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–2249 Filed 1–29–97; 8:45 am]

BILLING CODE 5000–04–M

POSTAL SERVICE

39 CFR Part 7

Board of Governors Bylaws

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: The Board of Governors of the

United States Postal Service has

approved amendments to its bylaws.

The amendments repeal unnecessary

provisions of the Board’s regulations

concerning the Government in the

Sunshine Act. One change removes a

provision for publishing in the Federal

Register a notice not required to be

published there by the Act. The other

change removes an unused provision

concerning Sunshine Act practice by

committees of the Board.

EFFECTIVE DATE: January 30, 1997.

FOR FURTHER INFORMATION CONTACT:

Thomas J. Koerber, (202) 268–4800.

SUPPLEMENTARY INFORMATION: The

Board’s bylaws, in §§ 7.4(e) and 7.5(d),

have required publication in the Federal

Register of two separate notices for each

closed meeting of the Board. These are

first, under § 7.4(e), a notice of the vote

to close the meeting, which is published

immediately after the vote; and second,

under § 7.5(d), a notice of the time, date,

place, and subject of the meeting, which

is published about 10 days before the

meeting.

The amendment repeals § 7.4(e), in

order to remove the bylaws’’

requirement for Federal Register

publication of the first of these notices,

which goes beyond legal requirements

and other agencies’’ practice. The

Government in the Sunshine Act

requires that notice of votes to close a

meeting be made available to the public

immediately after such a vote, but does

not require that this notice be published

in the Federal Register. The Act does

require Federal Register publication of

the notice of time, date, place, and

subject of the meeting, as provided for

in bylaw § 7.5(d), which is not changed.

Other federal agencies ordinarily

publish only this latter notice. As

required by the Sunshine Act, 5 U.S.C.

552b(d)(3), the notice of votes to close

a future meeting will continue to be

made publicly available through the

office of the Secretary to the Board,

although no longer published in the

Federal Register.

The other amendment repeals § 7.4(d)

of the bylaws. This provision has

provided that a committee of the Board

may determine to close all of its

meetings if it finds that most of them

fall under certain exemptions under the

Government in the Sunshine Act. This
Federal Register / Vol. 62, No. 20 / Thursday, January 30, 1997 / Rules and Regulations 4459

section parallels a provision in the

Sunshine Act, 5 U.S.C. § 552b(d)(4). On

July 11, 1996, the Board of Governors

published amendments to its bylaws to

delete certain other provisions

prescribing procedural rules applicable

only to committees of the Board, so that

committee procedure is governed by the

Board’s general Sunshine Act rules in

Part 7 of the bylaws, and by the terms

of the Act itself. Ordinarily, the

committees of the Board do not hold

‘‘meetings’’ as defined in the Sunshine

Act. See 61 FR 36498. Repeal of section

7.4(d) is consistent with the purposes of

the previous amendments.

List of Subjects in 39 CFR Part 7

Sunshine Act.

For the reasons set forth above, 39

CFR Chapter I, Subchapter A, is

amended as follows:

PART 7—PUBLIC OBSERVATION

(ARTICLE VII)

1. The authority citation for part 7

continues to read as follows:

Authority: 39 U.S.C. 401(a), as enacted by

Pub. L. 91–375, and 5 U.S.C. 552b(a)–(m) as

enacted by Pub. L. 94–409.

§ 7.4 [Amended]

2. Section 7.4 is amended by

removing paragraphs (d) and (e).

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 97–2247 Filed 1–29–97; 8:45 am]

BILLING CODE 7710–12–P

39 CFR Part 963

Rules of Practice in Proceedings

Relative to Violations of the Pandering

Advertisements Statute

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: The Postal Service has

established a new organization to

process administrative violation cases

under the Pandering Advertisements

Statute. It has also adopted a new

application form for obtaining the

statutory remedy. This rule makes

technical amendments reflecting these

actions.

EFFECTIVE DATE: January 30, 1997.

FOR FURTHER INFORMATION CONTACT:

Diane Mego, Staff Attorney, Judicial

Officer Department (202) 268–5438.

SUPPLEMENTARY INFORMATION: The Postal

Service has established a new

organization, called the Prohibitory

Order Processing Center, to assume the

administrative functions performed by

Customer Service & Sales Districts

under the Pandering Advertisements

Statute, 39 U.S.C. 3008. One of those

functions is issuing complaints when

there is evidence indicating that mailers

of pandering advertisements have

commited violations of prohibitory

orders. The statute provides for an

administrative hearing if duly requested

by a mailer receiving such a complaint.

The procedural rules for conducting the

hearing are contained in 39 CFR part

963. Such rules are issued and revised,

as needed, by the Judicial Officer of the

Postal Service, pursuant to 39 CFR

226.2(e)(1).

Amendment of part 963 is needed to

substitute references to the Prohibitory

Order Processing Center Manager for

references to the Customer Services

District Manager. An additional

amendment is needed to insert the

number and title of the new form used

to apply for a 39 U.S.C. 3008 prohibitory

order—viz., PS Form 1500, Application

for Listing and/or Prohibitory Order—in

place of the number and title of the

superseded form—viz., PS Form 2150,

Notice for Prohibitory Order Against

Sender of Pandering Advertisement in

the Mails. Also, several grammatical

amendments are needed to reflect

gender neutrality.

The Judicial Officer is making these

revisions that are to be adopted by the

Postal Service. They are changes in

agency rules of procedure that do not

substantially affect any rights or

obligations of private parties. Therefore,

it is appropriate for their adoption by

the Postal Service to become effective

immediately.

List of Subjects in 39 CFR Part 963

Administrative practice and

procedure, Advertising, Postal Service.

Accordingly, the Postal Service

adopts amendments to 39 CFR part 963

as specifically set forth below:

PART 963—[AMENDED]

1. The authority citation for Part 963

continues to read as follows:

Authority: 39 U.S.C. 204, 401, 3008.

§ 963.2 [Amended]

2. Section 963.2 is amended by

adding ‘‘the Prohibitory Order

Processing Center Manager’’ after

removing ‘‘a Customer Services District

Manager’’.

§ 963.3 [Amended]

3. Section 963.3(a) is amended by

adding ‘‘or her’’ after ‘‘his’’.

4. Section 963.3(c) is amended by

adding ‘‘1500, Application for Listing

and/or Prohibitory Order’’ after

removing ‘‘2150, Notice for Prohibitory

Order Against Sender of Pandering

Advertisement in the Mails’’.

5. Section 963.3(e) is amended by

adding ‘‘or her’’ after ‘‘his’’.

§ 963.4 [Amended]

6. Section 963.4(a) is amended by

adding ‘‘or her’’ after ‘‘his’’.

§ 963.8 [Amended]

7. Section 963.8, introductory text, is

amended by adding ‘‘or her’’ after ‘‘his’’

wherever it appears.

§ 963.11 [Amended]

8. Section 963.11 is amended by

adding ‘‘or her’’ after ‘‘his’’.

§ 963.14 [Amended]

9. Section 963.14 is amended by

adding ‘‘or she’’ after ‘‘he’’.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 97–2248 Filed 1–29–97; 8:45 am]

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CO–001–0009a; FRL–5674–7]

Approval and Promulgation of Air

Quality Implementation Plans;

Colorado; Revisions to Regulation

No’s. 3 and 7 for Pioneer Metal

Finishing Inc. and a Revision to

Regulation No. 7 for Lexmark

International Inc.

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving the

revisions to the Colorado State

Implementation Plan (SIP) as submitted

by the Governor on August 25, 1995,

and October 16, 1995. The revisions

consist of amendments to Regulation

No. 3, ‘‘Air Contaminant Emissions

Notices,’’ and Regulation No. 7,

‘‘Regulation To Control Emissions of

Volatile Organic Compounds.’’ The

revisions to Regulations Nos. 3 and 7 for

Pioneer Metal Finishing Inc. (PMF)

consist of a source-specific SIP revision

to allow PMF to purchase banked

Volatile Organic Compound (VOC)

emission reduction credits (ERC) from

Coors Brewing Company (Coors), to

enable PMF to come into compliance

with the VOC Reasonable Available

Control Technology (RACT)

requirements of Regulation No. 7 (Reg.

7). The revision to Reg. 7 for Lexmark

International Inc. (Lexmark) consists of

a source-specific SIP revision to allow