4504 Federal Register / Vol. 62, No. 20 / Thursday, January 30, 1997 / Proposed Rules

existing requirements previously

promulgated by OSM will be

implemented by the State. In making the

determinations as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions for the

counterpart 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 920

Intergovernmetnal relations, Surface

mining, Underground mining.

Dated: January 24, 1997.

Ronald C. Recker,

Acting Regional Director, Appalachian

Regional Coordinating Center.

[FR Doc. 97–2332 Filed 1–29–97; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 938

[PA–117–FOR]

Pennsylvania 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 the

receipt of a proposed amendment to the

Pennsylvania permanent regulatory

program (hereinafter referred to as the

Pennsylvania program) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

proposed amendment (Administrative

Record Number PA 843.00) revises the

Pennsylvania program to incorporate

changes made to Chapter 86 (relating to

areas unsuitable for mining) by the

Pennsylvania Environmental Quality

Board. The proposed amendment is

intended to clarify ambiguous language

contained in Subchapter D concerning

the designation of areas as unsuitable

for mining, and to correct typographical

errors.

DATES: Written comments must be

received by 4 p.m., e.s.t. March 3, 1997.

If requested, a public hearing on the

proposed amendment will be held on

February 24, 1997. Requests to speak at

the hearing must be received by 4:00

p.m., e.s.t. on February 14, 1997.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Robert

J. Biggi, Director, Harrisburg Field Office

at the address shown below.

Copies of the Pennsylvania program,

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 requestor may receive

one free copy of the proposed

amendment by contacting OSM’s

Harrisburg Field Office. 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.

Robert J. Biggi, Director, Office of

Surface Mining Reclamation and

Enforcement, Harrisburg Field Office,

Harrisburg Transportation Center,

Third Floor, Suite 3C, 4th and Market

Streets, Harrisburg, Pennsylvania

17101, Telephone: (717) 782–4036.

Pennsylvania Department of

Environmental Protection, Bureau of

Mining and Reclamation, Room 209

Executive House, 2nd and Chestnut

Streets, P.O. Box 8461, Harrisburg,

Pennsylvania 17105–8461,

Telephone: (717) 787–5103.

FOR FURTHER INFORMATION CONTACT:

Robert J. Biggi, Director, Harrisburg

Field Office, (717) 782–4036.

SUPPLEMENTARY INFORMATION:

I. Background on the Pennsylvania

Program

On July 31, 1982, the Secretary of the

Interior conditionally approved the

Pennsylvania program. Background

information on the Pennsylvania

program including the Secretary’s

findings, the disposition of comments,

and a detailed explanation of the

conditions of approval of the

Pennsylvania program can be found in

the July 30, 1982, Federal Register (47

FR 33050). Subsequent actions

concerning the conditions of approval

and program amendments are identified

at 30 CFR 938.11, 938.12, 938.15 and

938.16.

II. Discussion of Amendment

By letter dated December 19, 1996

(Administrative Record Number PA

843.00), Pennsylvania submitted

amendments to the regulations in the

Pennsylvania program concerning

designating areas unsuitable for coal

surface mining. The amendments are

intended to clarify ambiguous language

contained in Subchapter D concerning

the designation of areas as unsuitable

for mining, and to correct typographical

errors.

The proposed amendments are as

follows:

At § 86.101, in the definition of

‘‘fragile lands’’ two citations of the State

Surface Mining Conservation and

Reclamation Act are being amended.

At § 86.101, in the definition of

‘‘surface mining activities’’ the term that

is being defined, ‘‘surface mining

activities’’ is being changed to read

‘‘surface mining operations.’’

In various places, the term ‘‘surface

mining activities’’ and ‘‘surface mining

activity’’ are being amended to read

‘‘surface mining operations’’ and

‘‘surface mining operation,’’

respectively.

In various places the word ‘‘surface’’

is being added to clarify that the term

‘‘surface mining operations’’ is

intended.

In various places the word

‘‘activities’’ is being replaced by the

phrase ‘‘surface mining operations.’’

At § 86.121(a) the citation for the State

Surface Mining Conservation and

Reclamation Act is being amended.

At § 86.130 (a) and (b), the word ‘‘all

or certain types of’’ are being added to

clarify that § 86.130 pertains to areas

designated as unsuitable for all or

certain types of surface mining

operations.

Various other typographical,

grammatical, style, and organizational

name changes are being made

throughout the amendment.

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 732.17(h), OSM is now seeking

comment on whether the amendments

proposed by Pennsylvania satisfy the

applicable program approval criteria of

30 CFR 732.15. If the amendments are

deemed adequate, they will become part

of the Pennsylvania 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 Harrisburg 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 p.m., e.s.t. on February 14,

1997.
Federal Register / Vol. 62, No. 20 / Thursday, January 30, 1997 / Proposed Rules 4505

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 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.

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 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 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

No environmental impact statement is

required for this rule since section

702(d) of SMCRA (30 U.S.C. 1292(d))

provides that agency decisions on

proposed State regulatory program

provisions do not constitute major

Federal actions within the meaning of

section 102(2)(C) of the National

Environmental Policy Act (42 U.S.C.

4332(2)(C)).

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 State submittal

which is the subject of this 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 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

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 938

Intergovernmental relations, Surface

mining, Underground mining.

Dated: January 15, 1997.

Ronald C. Recker,

Acting Regional Director, Appalachian

Regional Coordinating Center.

[FR Doc. 97–2330 Filed 1–29–97; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MA014–7195b; FRL–5682–1]

Approval and Promulgation of Air

Quality Implementation Plans;

Massachusetts: Enhanced Motor

Vehicle Inspection and Maintenance

Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed interim rule.

SUMMARY: EPA is proposing a

conditional interim approval and in the

alternative, disapproval of a State

Implementation Plan (SIP) revision

submitted by the Commonwealth of

Massachusetts on March 27, 1996. This

submittal is a supplement to the original

enhanced inspection and maintenance

submittal by the Commonwealth of

Massachusetts on December 23, 1994.

This revision establishes and requires

the implementation of a statewide

enhanced inspection and maintenance

(I/M) program. EPA is proposing a

conditional approval because the

Commonwealth’s SIP revision is

deficient with respect to several

requirements of the CAA and/or EPA’s

I/M program regulatory requirements.

DATES: Comments must be received on

or before March 3, 1997.

ADDRESSES: Comments may be mailed to

Susan E. Studlien, Deputy Director,

Office of Ecosystem Protection (CAA),

United States Environmental Protection

Agency, JFK Federal Building, Boston,

MA 02203. Copies of the documents

relevant to this action are available for

public inspection by appointment

during normal business hours at the

U.S. EPA, One Congress Street, Boston

MA 02203.

FOR FURTHER INFORMATION CONTACT:

Peter X. Hagerty, (617) 565–3571.

I. Background

A. Impact of the National Highway

System Designation Act on the Design

and Implementation of Enhanced

Inspection and Maintenance Programs

Under the Clean Air Act

The National Highway System

Designation Act of 1995 (NHSDA)

establishes two key changes to the

enhanced I/M rule requirements

previously developed by EPA. Under

the NHSDA, EPA cannot require states

to adopt or implement centralized, testonly IM240 enhanced vehicle

inspection and maintenance programs

as a means of compliance with section

182, 184 or 187 of the CAA. Also under