63684 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules

Form I–94 issued by the Immigration

and Naturalization Service (INS) that

reflects a classification permitting work.

(See 8 CFR 274a.12 for Form I–94

classifications.) A nonimmigrant alien

who has not been issued a Form I–94,

or whose Form I–94 does not reflect a

classification permitting work, must

submit a current document authorized

by the INS that verifies authorization to

work has been granted, e.g., an

employment authorization document, to

enable SSA to issue an SSN card that is

valid for work purposes.

5. Section 422.106 is amended by

removing paragraph (b), redesignating

paragraph (c) as paragraph (b), and by

revising paragraph (a) to read as follows:

§ 422.106 Filing applications with other

government agencies.

(a) Agreements. In carrying out its

responsibilities to assign social security

numbers, SSA enters into agreements

with the United States Attorney

General, other Federal officials, and

State and local welfare agencies. An

example of these agreements is

discussed in paragraph (b) of this

section.

* * * * *

6. Section 422.107 is amended by

revising paragraph (a) and the seventh

sentence of paragraph (e) to read as

follows:

§ 422.107 Evidence requirements.

(a) General. An applicant for an

original social security number card

must submit documentary evidence

which the Commissioner of Social

Security regards as convincing evidence

of age, U.S. citizenship or alien status,

and true identity. An applicant for a

duplicate or corrected social security

number card must submit convincing

documentary evidence of identity and

may also be required to submit

convincing documentary evidence of

age and U.S. citizenship or alien status.

An applicant for an original, duplicate,

or corrected social security number card

is also required to submit evidence to

assist us in determining the existence

and identity of any previously assigned

number(s). A social security number

will not be assigned, or an original,

duplicate, or corrected card issued,

unless all the evidence requirements are

met. An in-person interview is required

of an applicant who is age 18 or older

applying for an original social security

number except for an alien who requests

a social security number as part of the

immigration process as described in

§ 422.103(b)(3). An in-person interview

may also be required of other

applicants. All documents submitted as

evidence must be originals or certified

copies of the original documents and are

subject to verification with the

custodians of the original records.

* * * * *

(e) Evidence of alien status. * * * If

the applicant requests the number for a

nonwork purpose and provides

evidence documenting that the number

is needed for a valid nonwork purpose,

the number may be assigned and the

card issued will be annotated with a

nonwork legend. * * *

* * * * *

7. Section 422.110 is revised to read

as follows:

§ 422.110 Individual’s request for change

in record.

(a) Form SS–5. An individual who

wishes to change the name or other

personal identifying information

previously submitted in connection

with an application for a social security

number card may complete and sign a

Form SS–5 except as provided in

paragraph (b) of this section. The person

must prove his/her identity and may be

required to provide other evidence. (See

§ 422.107 for evidence requirements.) A

Form SS–5 may be obtained from any

local social security office or from one

of the sources noted in § 422.103(b). The

completed request for change in records

may be submitted to any SSA office, or,

if the individual is outside the U.S., to

the Department of Veterans Affairs

Regional Office, Manila, Philippines, or

to any U.S. foreign service post or U.S.

military post. If the request is for a

change in name, a new social security

number card with the new name and

bearing the same number previously

assigned will be issued to the person

making the request.

(b) Assisting in enumeration. SSA

may enter into an agreement with

officials of the Department of State and

the Immigration and Naturalization

Service to assist SSA by collecting as

part of the immigration process

information to change the name or other

personal identifying information

previously submitted in connection

with an application or request for a

social security number card. If the

request is for a change in name, a new

social security card with the new name

and bearing the same number

previously assigned will be issued.

[FR Doc. 97–31459 Filed 12–1–97; 8:45 am]

BILLING CODE 4190–29–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 917

[OH–242–FOR]

Ohio Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; reopening of

comment period.

SUMMARY: OSM is reopening the public

comment period on a proposed

amendment to the Ohio permanent

regulatory program (hereinafter referred

to as the ‘‘Ohio program’’) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

proposed amendment consists of

changes to the provisions of the Ohio

rules pertaining to attorney fees. The

amendment is intended to revise the

Ohio program to be consistent with the

corresponding Federal regulations.

DATES: Written comments must be

received by 4:00 p.m., [e.s.t.] December

17, 1997.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to George

Rieger, Field Branch Chief, at the

address listed below.

Copies of the Ohio 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 requester may receive

one free copy of the proposed

amendment by contacting OSM’s

Appalachian Regional Coordinating

Center.

George Rieger, Field Branch Chief,

Appalachian Regional Coordinating

Center, Office of Surface Mining

Reclamation and Enforcement, 3

Parkway Center, Pittsburgh, PA

15520, Telephone: (412) 937–2153

Ohio Division of Mines and

Reclamation, 1855 Fountain Square,

Columbus, OH 43224, Telephone:

(614) 265–1076

FOR FURTHER INFORMATION CONTACT:

George Rieger, Field Branch Chief,

Appalachian Regional Coordinating

Center, Telephone: (412) 937–2153.

SUPPLEMENTARY INFORMATION:

I. Background on the Ohio Program

On August 16, 1982, the Secretary of

the Interior conditionally approved the
Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules 63685

Ohio program. Background information

on the Ohio program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval can be found in the August 10,

1982, Federal Register (47 FR 34688).

Subsequent actions concerning

conditions of approval and program

amendments can be found at 30 CFR

935.11, 935.12, 935.15, and 935.16.

II. Description of the Proposed

Amendment

By letter dated June 24, 1997

(Administrative Record No. OH–2173–

00), Ohio submitted a proposed

amendment to its program pursuant to

SMCRA and in response to a required

amendment at 30 CFR 935.16. Ohio

submitted letters of clarification on

August 19, 1997 (Administrative Record

No. OH–2173–07), and October 14, 1977

(Administrative Record No. OH–2173–

08). The proposed amendment was

announced in the July 7, 1997, Federal

Register (62 FR 36248). The revision to

Ohio Revised Code 1513.13(E)(2) was

inadvertently omitted from the notice.

Ohio proposes to require that if a final

order relating to Chapter 1513 is issued

under section 1513.13 and becomes the

subject of judicial review, at the request

of any party, a sum equal to the

aggregate amount of all costs and

expenses, including attorney fees, as

determined by the court to have been

necessary and reasonably incurred by

the party for or in connection with their

participation in the judicial proceedings

may be awarded to either party, in

accordance with (E)(1) of section

1513.13 as the court, on the basis of

judicial review, considers proper.

III. Public Comment Procedures

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. Specifically, OSM is seeking

comments on the revision to the State’s

regulations that was submitted on June

24, 1997 (Administrative Record No.

OH–2173–00), with the addition noted

above. Comments should address

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 Ohio 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 Appalachian

Regional Coordinating Center will not

necessarily be considered in the final

rulemaking or included in the

Administrative Record.

IV. Procedural Determination

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 subsection (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

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 935

Intergovernmental relations, Surface

mining, Underground mining.

Dated: November 19, 1997.

John A. Holbrook, II,

Acting Regional Director, Appalachian

Regional Coordinating Center.

[FR Doc. 97–31578 Filed 12–1–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 926

[SPATS No. MT–018–FOR]

Montana Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Proposed rule; reopening and

extension of public comment period and

opportunity for public hearing on

proposed amendment.

SUMMARY: Office of Surface Mining

Reclamation and Enforcement (OSM) is

announcing receipt of additional

explanatory information pertaining to a

previously proposed amendment to the

Montana regulatory program

(hereinafter, the ‘‘Montana program’’)

under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

additional explanatory information for

Montana’s proposed rules pertain to

permit requirements and a notice of

intent to prospect. The amendment is

intended to revise the Montana program

to provide additional safeguards, clarify

ambiguities, and improve operational

efficiency.

DATES: Written comments must be

received by 4:00 p.m., m.s.t. December

17, 1997.