55366 Federal Register / Vol. 62, No. 206 / Friday, October 24, 1997 / Proposed Rules

ACTION: Advanced notice of proposed

rulemaking.

SUMMARY: The Office of Surface Mining

Reclamation and Enforcement (OSM) is

announcing its intent to develop a rule

that would increase the amount of

reclamation of abandoned mine lands

being accomplished under Title IV of

the Surface Mining Control and

Reclamation Act of 1977. OSM is

seeking to involve the public in the

development of the proposed rule by

making an early draft available for

review and written comment.

DATES: Written comments: OSM will

accept written comments until 5:00 p.m.

Eastern Time on November 24, 1997.

Public meetings: OSM plans to hold

meetings with interested persons at

appropriate locations to discuss this

proposal. A schedule for these meetings

will be published in the Federal

Register on or about October 31, 1997.

ADDRESSES: Written comments: Handdeliver or mail to the Office of Surface

Mining Reclamation and Enforcement,

Administrative Record, Room 117, 1951

Constitution Avenue, NW., Washington,

D.C. 20240.

Electronic Mail: You may send

comments through the Internet to

OSM’s Administrative Record at:

osmrules@osmre.gov.

Telefax: Copies of the early draft may

be obtained from FAX ON DEMAND by

calling 202–219–1703 and following the

instructions on the recorded

announcement.

FOR FURTHER INFORMATION CONTACT: D.J.

Growitz, Office of Surface Mining, U.S.

Department of the Interior, 1951

Constitution Avenue, NW, Washington,

D.C. 20240; telephone (202) 208–2634.

E-mail: dgrowitz@osmre.gov.

SUPPLEMENTARY INFORMATION: OSM is

seeking to increase reclamation under

Title IV of the Surface Mining Control

and Reclamation Act of 1977 (SMCRA).

The Abandoned Mine Land (AML) fund

does not contain, and is never expected

to contain, enough money to reclaim all

the known AML problems and sites.

Under current OSM regulations, AMLfunded reclamation that includes the

extraction of incidental coal must be at

least 50 percent funded by the AML

agency. OSM is considering a proposal

that envisions reclamation projects that

will require less than 50 percent

government funding because

reclamation contracts would be partially

funded by the recovery and sale of the

incidental coal. OSM will need to

amend the current definition of

government-financed construction to

eliminate the 50 percent funding

requirement for AML projects.

OSM believes that there would be

adequate assurances to protect the

environment in the AML program as

described in 30 CFR Subchapter R.

Those regulations, which set forth the

criteria for an AML program, require

adherence to all applicable State and

Federal laws, require programs to follow

proper financial policies and

procedures, and require that AML

contracts be issued under and

monitored in accordance with state law.

OSM is considering proposing a rule

which will establish special

requirements when the AML agency

contracts for reclamation projects with

less than 50 percent government

financing to ensure that the provision is

not misused, that necessary protections

are in place for citizens and landowners,

and that acceptable environmental

restoration occurs. The AML agency

would consult with the Title V

regulatory authority to assess whether

proposed project sites are appropriate

for AML reclamation activity based on

the economical and technical feasibility

of mining those sites under a Title V

permit. The consultation would also

include consideration of whether

existing environmental problems at the

AML site might be impacted by nearby

mining activities. If the site is

determined to be appropriate for Title

IV reclamation activities, the AML

agency would be required to: (1)

determine site characteristics for Acid

Mine Drainage and other existing

environmental problems; (2) require the

projects be carried out in accordance

with time-tested AML regulations and

procedures; (3) provide for site specific

reclamation requirements, including

performance bonds, when appropriate

and in accordance with state

procedures; (4) delineate any coal or

coal waste material that would need to

be extracted in order to accomplish the

reclamation; and (5) require the AML

contractor to provide consent

documents that authorize coal

extraction and document the disposition

of the coal and associated revenues for

use by the AML authority in

determining financial conditions of the

contract. If the AML authority

determines that coal extraction is not

incidental to the reclamation project,

the project would be subject to all the

regulatory requirements of Title V.

The proposed rule, when developed,

will be published in the Federal

Register for public comment in

accordance with the requirements of the

Administrative Procedure Act, and

public hearings will be held on request.

Dated: October 4, 1997.

Mary Josie Blanchard,

Assistant Director, Program Support.

[FR Doc. 97–28321 Filed 10–23–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–95–139]

Captain of the Port Boston; Meeting

AGENCY: Coast Guard, DOT.

ACTION: Notice of meeting.

SUMMARY: The Captain of the Port

Boston (COTP Boston) will hold a

meeting to discuss modifying the

existing regulation for the waters of the

Chelsea River, Boston, Inner Harbor, in

order to encourage the use of double

hull tankships. This meeting is open to

the public. Proposed amendments may

increase the size of tankships permitted

to transit through his regulated

waterway provided enhanced safety

systems are in place. Proposed

amendments should be based on a

performance standard consistently

applied to all tankships transiting

through the Chelsea Street Bridge.

DATES: The meeting will be held on

November 4, 1997 from 9 a.m. to 12

p.m. Written material and requests to

make oral presentations should reach

the COTP Boston on or before October

27, 1997.

ADDRESSES: Comments should be

mailed to Captain of the Port Boston,

Coast Guard Marine Safety Office, 455

Commercial Street, Boston, MA 02109–

1045. Comments may also be handdelivered to the above address between

8 a.m. and 4 p.m., Monday through

Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT:

LT Michael H. Day, Coast Guard Marine

Safety Office Boston, MA; telephone

(617) 223–3000.

SUPPLEMENTARY INFORMATION: Notice of

this meeting is given pursuant to the

Federal Advisory Committee Act, 5

U.S.C. App. 2.

Request for Comments

The Coast Guard encourages

interested persons to participate by

submitting written data, views, or

arguments. Persons submitting

comments should include their names

and addresses, identify this specific

Notice of Meeting (CGD01–97–080) and

the specific issue to which each

comment applies, and gives reasons for
Federal Register / Vol. 62, No. 206 / Friday, October 24, 1997 / Proposed Rules 55367

each comment. The Coast Guard

requests that all comments and

attachments be submitted in an 81⁄2′′ ×

11′′ unbound format suitable for

copying and electronic filing. If this is

not practical, a second copy of any

bound material is requested. Persons

desiring acknowledgment of receipt of

comments should enclose a stamped,

self-addressed postcard or envelope.

The Coast Guard has also scheduled

a public hearing on November 4,1 997,

at 9 a.m., to receive oral presentations.

The public meeting will be held in the

Function Room on the first floor of

Building 1, at the Coast Guard

Integrated Support Company, 427

Commercial St., Boston, MA.

Background

The Chelesa Street Bridge is a

bascule-type bridge owned by the City

of Boston and originally constructed in

1939. It spans the Chelsea River

providing a means for vehicles to travel

between Chelsea, MA and East Boston,

MA. Several petroleum-product transfer

facilities are located on the Chelsea

River, upstream and downstream of the

Chelsea Street Bridge. Transit of

tankships through the bridge is

necessary to access the facilities

upstream of the bridge. The narrow

bridge-span opening creates a very

difficult passage through the bridge for

larger vessels. Adding to the difficulty

are the close proximity of neighboring

shore structures and, at times, vessels

moored at facilities adjacent to the

bridge.

In 1986, the bridge and its fendering

system were in a dilapidated condition,

which further complicated vessel

transits. Additionally, the Northeast

Petroleum Terminal (locally referred to

as the Jenny Dock) and the Mobil Oil

Terminal were located downstream of

the bridge on the north and south bank

of the river respectively. If one or more

vessels were moored at either of those

facilities, the already short and narrow

approach to the bridge was further

restricted, thus reducing the

maneuverability space of vessels during

the approach and transit through the

bridge. Meetings between the Coast

Guard, marine operators, and pilots

indicated that restrictions on length and

width of particular vessel traffic were

necessary to achieve an acceptable level

of safety for navigating this difficult

area. Additionally, with the double hull

requirements set forth in the Oil

Pollution Act of 1990 (OPA–90), several

tanker designs keeping the present cargo

capacities while meeting the

requirements of OPA–90 will create a

tanker with a beam up to 92 feet.

Agenda of Meeting

Due to the above mentioned concerns,

the Coast Guard seeks comments on the

following specific items.

Existing Safety Zone Regulations

On June 27, 1986, (51 FR 23415) the

Coast Guard promulgated the safety

zone regulations published in 33 CFR

165.120. These regulations extend over

the waters of the Chelsea River for 100

yards upstream and downstream of the

bridge, restrict water traffic transiting

the Chelsea Street Bridge and

implement vessel operational

constraints. The Coast Guard justified

these restrictions and constraints by

citing more than 75 bridge allisions and

other incidents involving vessels

transiting the Chelsea Street Bridge

during the period from 1978 through

1985.

Vessel Size Restrictions

Currently, only vessels meeting

certain draft and physical dimensions

(overall length and overall width) are

allowed to enter the safety zone. No

vessel greater than 661 feet in length, or

greater than 90.5 feet in beam, may

transit the safety zone. No vessel greater

than 630.5 feet in length, or 85.5 feet or

greater in beam, may transit the safety

zone between sunset and sunrise. No

tankship greater than 550.5 feet in

length may transit the safety zone with

a draft less than 18 feet forward and 24

feet aft. Current regulations authorize

the restrictions to be relaxed with

specific approval from the Captain of

the Port.

Extending the Width of Tankers

Permitted Through the Bridge

While focusing on the physical

dimensions of tank vessels transiting the

Chelsea River, the current regulation

does not address added or redundant

systems aboard these vessels which may

be used to enhance port and vessel

safety and minimize potential pollution

incidents. A slightly wider or longer

double-hulled tankship with enhanced

operational system transiting the

Chelsea River may, in fact, have a

margin of safety greater than the

currently used smaller, less equipped

tankships due to the former’s improved

maneuvering, handling, and safety

characteristics.

Maneuvering

These enhanced systems may include:

redundant power systems, redundant

propulsion, controllable pitch

propellers, improved steering

capabilities, bow thrusters and other

safety systems.

Procedural

All sessions are open to the public. At

the Chairperson’s discretion, members

of the public may make oral

presentations during the meeting.

Persons wishing to make oral

presentations at the meeting should

notify Lt. Michael H. Day no later than

October 27, 1997. Written material for

distribution at the meeting should reach

the COTP Boston no later than October

27, 1997. If a person submitting material

would like copies distributed in

advance of the meeting, that person

should submit 25 copies to the COTP

Boston no later than October 27, 1997.

Information on Services for the

Handicapped

For information on facilities or

services for the handicapped or to

request special assistance at the

meeting, contact COTP Boston as soon

as possible.

Dated: September 30, 1997.

J.L. Grenier,

Captain, U.S. Coast Guard, Captain of the

Port, Boston, Massachusetts.

[FR Doc. 97–28287 Filed 10–23–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF DEFENSE

Corps of Engineers, Department of the

Army

33 CFR Part 334

Naval Restricted Area, Naval Station

Annapolis, Maryland

AGENCY: Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Corps is proposing to

establish a new restricted area in the

waters of the small boat basin off the

Severn River, in Annapolis, Maryland to

prohibit public entry into the area. The

restricted area is needed for the security

of U.S. navy facilities and watercraft

and navigational safety for U.S. Naval

Academy training vessels in that area.

The water area in the small boat basin

has always been closed to the public,

however, as a result of the closure of the

adjacent Naval Surface Warfare Center

and the planned future public

ownership of that facility, the water may

become accessible by the public.

DATES: Comments must be submitted on

or before November 24, 1997.

ADDRESSES: HQUSACE, CECW–OR,

Washington, DC 20314–1000.

FOR FURTHER INFORMATION CONTACT: Mr.

Ralph Eppard, Headquarters Regulatory

Branch, at (202) 761–1783, or Mr. Steve