59578 Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Rules and Regulations

Effect of Director’s Decision

Section 503 of SMCRA provides that

a State may not exercise jurisdiction

under SMCRA unless the State program

is approved by the Secretary. Similarly,

30 CFR 732.17(a) requires that any

alteration of an approved State program

be submitted to OSM for review as a

program amendment. The Federal

regulations at 30 CFR 732.17(g) prohibit

any unilateral changes to approved State

programs. In the oversight of the Indiana

program, the Director will recognize

only the statutes, regulations and other

materials approved by OSM, together

with any consistent implementing

policies, directives and other materials,

and will require the enforcement by

Indiana of only such provisions.

VI. 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

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 914

Intergovernmental relations, Surface

mining, Underground mining.

Dated: October 20, 1997.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

For the reasons set out in the

preamble, Title 30, Chapter VII,

Subchapter T of the Code of Federal

Regulations is amended as set forth

below:

PART 914—INDIANA

1. The authority citation for Part 914

continues to read as follows:

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

2. Section 914.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of Final

Publication’’ to read as follows:

§ 914.15 Approval of Indiana regulatory

program amendments.

* * * * *

Original amendment submission date Date of final publication Citation/description

* * * * * * *

September 11, 1995 ........... November 4, 1997 ............. IC 14–8–2–42.5, –49.5, –49.6, –274.5; 14–34–5–10; 14–34–6–14.3, –14.6; 14–34–

7–0.5, –0.6, –0.7, –2.5, –4 (b), (d) through (g), –4.1, –5, –7, –7.1, –8, –9, –10,

–11, –12, –13.

[FR Doc. 97–29132 Filed 11–3–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 311

OSD Privacy Program

AGENCY: Office of the Secretary, DOD.

ACTION: Final rule.

SUMMARY: The Office of the Secretary of

Defense is exempting a system of

records identified as DUSP 11, entitled

POW/Missing Personnel Office Files.

The exemption is needed to protect

information properly classified under

E.O. 12958, Classified National Security

Information.

EFFECTIVE DATE: October 1, 1997.

FOR FURTHER INFORMATION CONTACT: Mr.

David Bosworth at (703) 695–0970.
Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Rules and Regulations 59579

SUPPLEMENTARY INFORMATION:

The proposed rule was published on

August 1, 1997, at 62 FR 41323. No

comments were received, therefore, the

rule is being adopted as published.

Executive Order 12866. It has been

determined that this Privacy Act rule for

the Department of Defense does not

constitute ‘‘significant regulatory

action’. Analysis of the rule indicates

that it does not have an annual effect on

the economy of $100 million or more;

does not create a serious inconsistency

or otherwise interfere with an action

taken or planned by another agency;

does not materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; does

not raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in Executive Order 12866.

Regulatory Flexibility Act. It has

been determined that this Privacy Act

rule for the Department of Defense does

not have significant economic impact on

a substantial number of small entities

because it is concerned only with the

administration of Privacy Act systems of

records within the Department of

Defense.

Paperwork Reduction Act. It has

been determined that this Privacy Act

rule for the Department of Defense

imposes no information requirements

beyond the Department of Defense and

that the information collected within

the Department of Defense is necessary

and consistent with 5 U.S.C. 552a,

known as the Privacy Act, and 44 U.S.C.

Chapter 35.

List of Subjects in 32 CFR Part 311

Privacy.

Accordingly, 32 CFR part 311 is

amended as follows:

PART 311—[AMENDED]

1. The authority citation for 32 CFR

part 311 continues to read as follows:

Authority: Pub.L. 93–579, 88 Stat 1896 (5

U.S.C. 552a).

2. Section 311.7, is amended by

adding paragraphs (c)(11)(i) through

(c)(11)(iii) to read as follows:

§ 311.7 Procedures for exemptions.

* * * * *

(c) * * *

(11) System identifier and name:

DUSP 11, POW/Missing Personnel

Office Files.

(i) Exemption: Information classified

under E.O. 12958, as implemented by

DoD 5200.1–R, may be exempt pursuant

to 5 U.S.C. 552a(k)(1).

(ii) Authority: 5 U.S.C. 552a(k)(1).

(iii) Reasons: From subsection 5

U.S.C. 552a(d) because granting access

to information that is properly classified

pursuant to E.O. 12958, as implemented

by DoD 5200.1–R, may cause damage to

the national security.

* * * * *

Dated: October 29, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–29070 Filed 11–3–97; 8:45 am]

BILLING CODE 5000–04–F

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AI45

Survivors and Dependents Education:

Extension of Eligibility Period

AGENCY: Department of Veterans Affairs.

ACTION: Final rule; technical

amendment.

SUMMARY: In a document published in

the Federal Register on October 3, 1997

(62 FR 51783), VA amended the

‘‘Survivors’ and Dependents’

Educational Assistance Under 38 U.S.C.

Chapter 35’’ regulations. The final rule,

among other things, transferred the

subject matter of paragraph (e) of

§ 21.3046 to a new § 21.3047.

Inadvertently, two cross-references to

said paragraph (e) were not amended to

reflect the change. Accordingly, this

document corrects this error by

changing the cross-references to refer to

the new § 21.3047.

EFFECTIVE DATE: November 4, 1997.

FOR FURTHER INFORMATION CONTACT: June

C. Schaeffer, Assistant Director for

Policy and Program Administration,

Education Service, Veterans Benefits

Administration, 202–273–7187.

SUPPLEMENTARY INFORMATION: The

Catalog of Federal Domestic Assistance

number for the program affected by this

final rule is 64.117.

List of Subjects in 38 CFR Part 21

Administrative practice and

procedure, Armed forces, Civil rights,

Claims, Colleges and universities,

Conflict of interests, Education,

Employment, Grant programseducation, Grant programs-veterans,

Health care, Loan programs-education,

Loan programs-veterans, Manpower

training programs, Reporting and

recordkeeping requirements, Schools,

Travel and transportation expenses,

Veterans, Vocational education,

Vocational rehabilitation.

Approved: October 28, 1997.

Thomas O. Gessel,

Director, Office of Regulations Management,

Office of General Counsel, Department of

Veterans Affairs.

For the reasons set forth in the

preamble, 38 CFR part 21, subpart C, is

amended as set forth below.

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart C—Survivors’—and

Dependents’—Educational Assistance

Under 38 U.S.C. Chapter 35

1. The authority citation for subpart C

continues to read as follows:

Authority: 38 U.S.C. 501(a), 512, 3500–

3566, unless otherwise noted.

§ 21.3046 [Amended]

2. In § 21.3046, paragraph (c)(1) is

amended by removing ‘‘paragraphs (d)

and (e) of this section’’ and adding, in

its place, ‘‘paragraph (d) of this section

and § 21.3047’’ and paragraph (d)(6)(ii)

is amended by removing ‘‘or (e) of this

section’’ and adding, in its place, ‘‘of

this section or § 21.3047’’.

[FR Doc. 97–29096 Filed 11–3–97; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 721

[OPPTS–50621B; FRL–5745–1]

RIN 2070–AB27

Dipropylene Glycol Dimethyl Ether;

Final Significant New Use Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is promulgating a

significant new use rule (SNUR) under

section 5(a)(2) of the Toxic Substances

Control Act (TSCA) for the chemical

substance described as dipropylene

glycol dimethyl ether (DGDE), which

was the subject of premanufacture

notice (PMN) P–93–507. This final rule

will require persons who intend to

manufacture, import, or process this

substance for a use designated by this

SNUR as a ‘‘significant new use’’ to

notify EPA at least 90 days before

commencing those manufacturing or

processing activities. The notice will

provide EPA with the opportunity to

evaluate the intended use and, if

necessary, prohibit or limit that activity

before it can occur.