53996 Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules

Issued in Jamaica, New York, on

September 16, 1997.

Franklin D. Hatfield,

Manager, Air Traffic Division, Eastern Region.

[FR Doc. 97–27397 Filed 10–16–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 901

[SPATS No. AL–067–FOR]

Alabama Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed Rule; Reopening and

Extension of Public Comment Period on

Proposed Amendment.

SUMMARY: OSM is announcing receipt of

revisions pertaining to a previously

proposed amendment to the Alabama

regulatory program (hereinafter referred

to as the ‘‘Alabama program’’) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

revisions for Alabama’s proposed rules

pertain to Rule 880–X–5A–.22, Orders

and Decisions; and Rules 880–X–10C–

.40 and 880–X–10D–.36, Coal Mine

Waste: Refuse Piles (Surface Mining

Activities and Underground Mining

Activities, respectively). The

amendment is intended to provide

additional safeguards, clarify

ambiguities, and improve operational

efficiency.

DATES: Written comments must be

received by 4:00 p.m., c.d.t., November

3, 1997.

ADDRESSES: Written comments should

be mailed or hand delivered to Arthur

W. Abbs, Director, Birmingham Field

Office at the address listed below.

Copies of the Alabama program, the

proposed amendment, 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 Birmingham Field

Office.

Arthur W. Abbs, Director, Birmingham

Field Office, Office of Surface Mining

Reclamation and Enforcement, 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.

SUPPLEMENTARY INFORMATION:

I. Background on the Alabama Program

On May 20, 1982, the Secretary of the

Interior conditionally approved the

Alabama program. Background

information on the Alabama program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the May 20, 1982, Federal Register (47

FR 22062). Subsequent actions

concerning the conditions of approval

and program amendments can be found

at 30 CFR 901.15 and 901.16.

II. Discussion of the Proposed

Amendment

By letter dated March 28, 1997,

(Administrative Record No. AL–0562),

Alabama submitted a proposed

amendment to its program pursuant to

SMCRA. Alabama submitted the

proposed amendment at its own

initiative. The provisions of the

Alabama Surface Mining Commission

Rules that Alabama proposes to amend

are: Rule 88–X–5A–.22, Orders and

Decisions; Rule 880–X6A–.06, License

Application Requirements; Rule 880–X–

7B–.07, Procedures for Permit

Application Review; Rule 880–X–9E–

.05, Determination of Forfeiture

Amount; Rule 880–X–10C–.23,

Hydrologic Balance: Surface and

Ground Water Monitoring; Rule 880–X–

10C–.36, Disposal of Excess Spoil

(Surface Mining Activities); Rule 880–

X–10C–.38, Coal Mine Waste: General

Requirements (Surface Mining

Activities); Rule 880–X–10C–.40, Coal

Mine Waste: Refuse Piles (Surface

Mining Activities); Rule 880–X–10D–

.33, Disposal of Excess Spoil and

Underground Development Waste

(Underground Mining Activities); Rule

880–X–10D–.34, Coal Mine Waste:

General Requirements (Underground

Mining Activities); and Rule 880–X–

10D–.36, Coal Mine Waste: Refuse Piles

(Underground Mining Activities).

OSM announced receipt of the

proposed amendment in the April 25,

1997, Federal Register (62 FR 20138)

and invited public comment on its

adequacy. The public comment period

ended May 27, 1997.

During its review of the amendment,

OSM identified concerns relating to

Rule 880–X–5A–.22, Orders and

Decisions; Rule 880–X–10C–.40, Coal

Mine Waste: Refuse Piles (Surface

Mining Activities); and Rule 880–X–

10D–.36, Coal Mine Waste: Refuse Piles

(Underground Mining Activities). On

June 16, 1997, OSM notified Alabama of

the concerns by telephone and by fax

(Administrative Record No. AL–0572).

Alabama responded in a letter dated

July 30, 1997, (Administrative Record

No. AL–0572) by submitting a revision

to the amendment and additional

explanatory information.

Alabama proposes revisions to Rule

880–X–5A–.22, Orders and Decisions;

Rule 880–X–10C–.40, Coal Mine Waste:

Refuse Piles (Surface Mining Activities);

and Rule 880–X–10D–.36, Coal Mine

Waste: Refuse Piles (Underground

Mining Activities).

Specifically, Alabama proposes at

Rule 880–X–5A–.22, Orders and

Decisions, to change from 60 days to 30

days the time in which the hearing

officer must make a written decision

after the close of any hearing. For Rule

880–X–10C–.40, Coal Mine Waste:

Refuse Piles (Surface Mining Activities)

and Rule 880–X–10D–.36, Coal Mine

Waste: Refuse Piles (Underground

Mining Activities), Alabama proposes to

issue a policy statement clarifying that

the phrase ‘‘safety factor’’ means ‘‘static

safety factor.’’

III. Public Comment Procedures

OSM is reopening the comment

period on the proposed Alabama

program amendment to provide the

public an opportunity to reconsider the

adequacy of the proposed amendment

in light of the additional materials

submitted. In accordance with the

provisions of 30 CFR 732.17(h), OSM is

seeking comments on whether the

proposed amendment satisfies the

applicable program approval criteria of

30 CFR 732.15. If the amendment is

deemed adequate, it will become part of

the Alabama 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 Birmingham Field Office

will not necessarily be considered in the

final rulemaking or included in 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).
Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Proposed Rules 53997

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 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.

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

counterpart Federal regulations.

Unfunded Mandates

OSM has determined and certifies

pursuant to the Unfunded Mandates

Reform Act (2 U.S.C. 1502 et seq.) that

this rule will not impose a cost of $100

million or more in any given year on

local, state, or tribal governments or

private entities.

List of Subjects in 30 CFR Part 901

Intergovernmental relations, Surface

mining, Underground mining.

Dated: October 9, 1997.

Charles E. Sandberg,

Acting Regional Director, Mid-Continent

Regional Coordinating Center.

[FR Doc. 97–27624 Filed 10–16–97; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TX27–1–5945; FRL–5910–2]

Approval and Promulgation of Air

Quality State Implementation Plans

(SIP); Texas; Disapproval of Texas

Clean Fuel Fleet Program Revision to

the State Implementation Plan

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed disapproval.

SUMMARY: The EPA is proposing

disapproval of the Texas Clean Fuel

Fleet (CFF) SIP revision submitted on

August 9, 1996, by the State of Texas for

the purpose of establishing a substitute

CFF program. The EPA is disapproving

the State’s SIP revision due to changes

in the State law that altered the current

SIP revision submittal and because, in

EPA’s opinion, the State did not make

a convincing and compelling

equivalency determination with the

Federal CFF program.

DATES: Comments must be received on

or before November 17, 1997.

ADDRESSES: Written comments on this

action should be addressed to Mr.

Thomas H. Diggs, Chief, Air Planning

Section, Environmental Protection

Agency, Region 6, 1445 Ross Avenue,

Suite 700, Dallas, Texas 75202–2733.

Copies of the documents about this

action are available for public

inspection during normal business

hours at the following locations. Persons

interested in examining these

documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

Environmental Protection Agency,

Region 6, Air Planning Section (6PD–

L), 1445 Ross Avenue, Suite 700,

Dallas, Texas, 78711–3087.

Texas Natural Resource Conservation

Commission, 12100 Park 35 Circle,

Austin, Texas 78711–3087.

FOR FURTHER INFORMATION CONTACT: Mr.

Paul Scoggins, Air Planning Section

(6PD–L), EPA Region 6, 1445 Ross

Avenue, Dallas, Texas 75202–2733,

telephone (214) 665–7354 or via e-mail

at scoggins.paul@epamail.epa.gov.

While information may be requested via

e-mail, all comments must be submitted

in writing to the EPA Region 6 address

above.

SUPPLEMENTARY INFORMATION:

I. Background

On November 15, 1990, Congress

enacted amendments to the 1997 Clean

Air Act (the Act); Pub. L. 101–549, 104

Stat. 2399, codified at 42 U.S.C. 7401–

7671q. The CFF program is contained

under part C, entitled, ‘‘Clean Fuel

Vehicles,’’ of Title II of the Act, as

amended November 15, 1990. Part C

was added to the Act to establish two

programs: a clean-fuel vehicle pilot

program in the State of California (the

California Pilot Test Program) and the

Federal CFF program in certain ozone

and carbon monoxide nonattainment

areas.

Section 182(c)(4) of the Act, 42 U.S.C.

7511a (c)(4), allows states to opt-out of

the Federal CFF program by submitting,

for EPA approval, a SIP revision

consisting of a substitute program

resulting in as much or greater long term

emissions reductions in ozone

producing and toxic air emissions as the

Federal CFF program. The EPA may

approve such a revision only if it

consists exclusively of provisions other

than those required under this Act for

the area.

The State of Texas chose to opt-out of

the Federal CFF program in a committal

SIP revision submitted to EPA on

November 15, 1992. In July 1994, Texas

submitted the State’s opt-out program in

a SIP revision to EPA and adopted rules

to implement the Texas CFF Program.

The Texas CFF SIP was revised based

upon changes to State law and

resubmitted to EPA on August 6, 1996.

On June 20, 1997, the Governor of Texas

signed into law Senate Bill 681 that

modified the supporting legislation

(Chapter 382 of the Texas Health and

Safety Code) for the current submitted

revision.

II. EPA Analysis of State Submittal

The EPA is proposing disapproval

based on the finding that changes to the

supporting legislation have altered the

August 6, 1996, submitted SIP revision.