65632 Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Proposed Rules

official docket may be examined in the

Rules Docket, Office of the Chief

Counsel, Room 916G, 800 Independence

Avenue, SW., Washington, DC,

weekdays, except Federal holidays,

between 8:30 a.m. and 5:00 p.m.

An informal docket may also be

examined during normal business hours

at the Office of the Regional Air Traffic

Division.

FOR FURTHER INFORMATION CONTACT: Bil

Nelson, Airspace and Rules Division,

ATA–400, Office of Air Traffic Airspace

Management, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone: (202) 267–8783.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to

participate in this proposed rulemaking

by submitting such written data, views,

or arguments as they may desire.

Comments that provide the factual basis

supporting the views and suggestions

presented are particularly helpful in

developing reasoned regulatory

decisions on the proposal. Comments

are specifically invited on the overall

regulatory, aeronautical, economic,

environmental, and energy-related

aspects of the proposal.

Communications should identify the

airspace docket number and be

submitted in triplicate to the address

listed above. Commenters wishing the

FAA to acknowledge receipt of their

comments on this notice must submit

with those comments a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Airspace Docket No. 96–

ANM–15.’’ The postcard will be date/

time stamped and returned to the

commenter. All communications

received on or before the specified

closing date for comments will be

considered before taking action on the

proposed rule. The proposal contained

in this notice may be changed in light

of comments received. All comments

submitted will be available for

examination in the Rules Docket both

before and after the closing date for

comments. A report summarizing each

substantive public contact with FAA

personnel concerned with this

rulemaking will be filed in the docket.

Availability of NPRM’s

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Federal

Aviation Administration, Office of Air

Traffic Airspace Management, 800

Independence Avenue, SW.,

Washington, DC 20591, or by calling

(202) 267–8783. Communications must

identify the notice number of this

NPRM. Persons interested in being

placed on a mailing list for future

NPRM’s should also request a copy of

Advisory Circular No. 11–2A, which

describes the application procedure.

The Proposal

The FAA is proposing to amend 14

CFR part 71 by lowering the floor of a

portion of V–465 from 12,400 feet MSL

to 1,200 feet above the surface. This

action also proposes to establish a new

segment of V–465 between Billings,

Montana, and Miles City, Montana.

When V–465 was established, the FAA

intended that the airway include the

segment between Billings, MT, and

Miles City, MT; however, the airway

segment was omitted due to a

typographical error. This new segment

does not result in any additional

controlled airspace because the segment

will be co-located with a segment of V–

2. The FAA is proposing this action to

support an instrument approach

procedure that is being developed for

the Jackson Hole Airport, Wyoming, and

to enhance aircraft operations

management in the Jackson Hole,

Wyoming, area. The FAA is proposing

this action to improve traffic flow and

reduce controller workload at the Salt

Lake City Air Route Traffic Control

Center, thereby providing maximum

service to all airspace users.

Domestic VOR Federal airways are

published in paragraph 6010(a) of FAA

Order 7400.9E, dated September 10,

1997, and effective September 16, 1997,

which is incorporated by reference in 14

CFR 71.1. The airway listed in this

document would be published

subsequently in the Order.

The FAA has determined that this

proposed regulation only involves an

established body of technical

regulations for which frequent and

routine amendments are necessary to

keep them operationally current.

Therefore, this regulation: (1) Is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

Regulatory Evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this proposed rule,

when promulgated, will not have a

significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

The Proposed Amendment

In consideration of the foregoing, the

Federal Aviation Administration

proposes to amend 14 CFR part 71 as

follows:

PART 71—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9E, Airspace

Designations and Reporting Points,

dated September 10, 1997, and effective

September 16, 1997, is amended as

follows:

Paragraph 6010(a)—Domestic VOR Federal

Airways

* * * * *

V–465 [Revised]

From Bullion, NV; Wells, NV, 12 miles, 30

miles, 115 MSL, 20 miles, 90 MSL, 36 miles,

115 MSL, 24 miles, 95 MSL, Malad City, ID;

Jackson, WY; Dunoir, WY; 14 miles, 45 miles,

137 MSL, Billings, MT; Miles City, MT; to

Williston, ND.

* * * * *

Issued in Washington, DC, on December 2,

1997.

Reginald C. Matthews,

Acting Program Director for Air Traffic

Airspace Management.

[FR Doc. 97–32666 Filed 12–12–97; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 936

[SPATS No. OK–023–FOR]

Oklahoma Abandoned Mine Land

Reclamation Plan

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing.
Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Proposed Rules 65633

SUMMARY: OSM is announcing receipt of

a proposed amendment to the Oklahoma

Abandoned Mine Land Reclamation

Plan (hereinafter referred to as the

‘‘Oklahoma plan’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA), 30 U.S.C. 1201 et seq.,

as amended. The proposed amendment

pertains to a formal request by the

Oklahoma Conservation Commission

(OCC) to assume responsibility of the

abandoned mine land reclamation

(AMLR) emergency program in

Oklahoma. The proposed amendment is

intended to provide information to

verify that Oklahoma has the authority

under its existing plan to conduct the

AMLR emergency program on behalf of

OSM.

This notice sets forth the times and

locations that the Oklahoma plan and

the proposed amendment to that plan

will be available for public inspection,

the comment period during which

interested persons may submit written

comments on the proposed amendment,

and the procedures that will be followed

regarding the public hearing, if one is

requested.

DATES: Written comments must be

received by 4:00 p.m., c.s.t., January 14,

1998. If requested, a public hearing on

the proposed amendment will be held

on January 9, 1998. Requests to speak at

the hearing must be received by 4:00

p.m., c.s.t. on December 30, 1997.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Michael

C. Wolfrom, Director, Tulsa Field Office

at the address listed below.

Copies of the Oklahoma plan, 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 Tulsa

Field Office.

Michael C. Wolfrom, Director, Tulsa

Field Office, Office of Surface Mining

Reclamation and Enforcement, 5100

East Skelly Drive, Suite 470, Tulsa,

Oklahoma 74135–6547, Telephone:

(918) 581–6430

Oklahoma Conservation Commission,

2800 N. Lincoln Blvd., Suite 160,

Oklahoma City, Oklahoma 73105–

4210, Telephone: (405) 521–2384

FOR FURTHER INFORMATION CONTACT:

Michael C. Wolfrom, Director, Tulsa

Field Office, Telephone: (918) 581–

6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Oklahoma Plan

On January 21, 1982, the Secretary of

the Interior approved the Oklahoma

plan. Background information on the

Oklahoma plan, including the

Secretary’s findings, the disposition of

comments, and the approval of the plan

can be found in the January 21, 1982,

Federal Register (47 FR 2989).

Subsequent actions concerning program

amendments can be found at 30 CFR

936.25.

II. Description of the Proposed

Amendment

Section 410 of SMCRA authorizes the

Secretary to use funds under the AMLR

program to abate or control emergency

situations in which adverse effects of

past coal mining pose an immediate

danger to the public health, safety, or

general welfare. On September 29, 1982

(47 FR 42729), OSM invited States to

amend their AMLR plans for the

purpose of undertaking emergency

reclamation programs on behalf of OSM.

States would have to demonstrate that

they have the statutory authority to

undertake emergencies, the technical

capability to design and supervise the

emergency work, and the administrative

mechanisms to quickly respond to

emergencies either directly or through

contractors.

By letter dated November 3, 1997

(Administrative Record No. OAML–77),

Oklahoma submitted a proposed

amendment to its plan pursuant to

SMCRA. Oklahoma submitted the

proposed amendment at its own

initiative. This amendment is intended

to demonstrate Oklahoma’s capability to

effectively perform the AMLR

emergency program on behalf of OSM.

A brief discussion of the proposed

amendment is presented below.

A. The proposed amendment would

allow Oklahoma to assume the

administration of the AMLR emergency

program in Oklahoma on behalf of OSM.

In its formal submittal, Oklahoma stated

that in 1982, as part of its approved

State Abandoned Mine Land Program,

the OCC incorporated the necessary

language to assume responsibility of the

AMLR emergency program at a later

date. The following information, taken

from the approved Oklahoma plan, was

included in Oklahoma’s formal

submission to OSM to verify that the

authority already exists for the OCC to

assume AMLR emergency program

responsibilities:

1. A letter from the Governor that

designates the OCC as the agency

responsible for the Abandoned Mine

Land Reclamation Program in

Oklahoma.

2. A legal opinion from the Attorney

General that the OCC has the power to

administer the Abandoned Mine Land

Reclamation Program in Oklahoma.

3. A copy of the Oklahoma

Abandoned Mine Reclamation Act (45

O.S., sections 740.1 through 940.7).

Section 740.7(A) authorizes OCC to

spend monies from the State

Abandoned Mine Reclamation Fund for

emergency restoration, reclamation,

abatement, control or prevention of

adverse effects of coal mining practices

on eligible land if it finds that an

emergency exists constituting a danger

to the public health, safety or general

welfare and no other person or agency

will act expeditiously to restore,

reclaim, abate, control or prevent the

adverse effects of coal mining practices.

Section 740.7(B) authorizes the OCC to

enter on any land where an emergency

exists and any other necessary access

land to restore, reclaim, abate, control or

prevent the adverse effects of coal

mining practices and do all things

necessary or expedient to protect the

public health, safety or general welfare.

4. A copy of the Oklahoma

Abandoned Mine Land Reclamation

Program (Oklahoma Administrative

Code (OAC) 155:15–1–1 through

155:15–1–16).

Oklahoma’s regulation at OAC

155:15–1–8(e) provide procedures for

emergency studies or reclamation.

5. A copy of section 884.13(c)(6) of

the Oklahoma plan concerning entry for

emergency study and reclamation.

6. A copy of section 884.13(e) of the

Oklahoma plan concerning public

participation in Oklahoma’s AMLR

program.

B. After assuming the emergency

program, Oklahoma would conduct

investigations of potential emergency

sites, and following OSM concurrence

that emergency situations exist, perform

remedial reclamation.

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 884.15(a), OSM is seeking

comments on whether the proposed

amendment satisfies the applicable

program approval criteria of 30 CFR

884.14. If the amendment is deemed

adequate, it will become part of the

Oklahoma plan.

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
65634 Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Proposed Rules

indicated under ‘‘DATES’’ or at

locations other than the Tulsa 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 4:00 p.m., c.s.t. on

December 30, 1997. The location and

time of the hearing will be arranged

with those persons requesting the

hearing. If no one requests an

opportunity to speak at the public

hearing, the hearing will not be held.

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. 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.

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 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 proposed 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 and Tribal abandoned mine

land reclamation plans and revisions

thereof since each such plan is drafted

and promulgated by a specific State or

Tribe, not by OSM. Decisions on

proposed abandoned mine land

reclamation plans and revisions thereof

submitted by a State or Tribe are based

on a determination of whether the

submittal meets the requirements of

Title IV of SMCRA (30 U.S.C. 1231–

1243) and 30 CFR Parts 884 and 888.

National Environmental Policy Act

No environmental impact statement is

required for this rule since agency

decisions on proposed State or Tribal

abandoned mine land reclamation plans

and revisions thereof are categorically

excluded from compliance with the

National Environmental Policy Act (42

U.S.C. 4332) by the Manual of the

Department of the Interior (516 DM 6,

appendix 8, paragraph 8.4B(29)).

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 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. In making the

determination as to whether this rule

would have a significant economic

impact, the Department relied upon the

data and assumptions in the analyses 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 936

Abandoned mine land reclamation,

Intergovernmental relations, Surface

mining, Underground mining.

Dated: December 5, 1997.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

[FR Doc. 97–32599 Filed 12–12–97; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MT–001–0002b, MT–001–0003b; FRL–5934–

4]

Approval and Promulgation of Air

Quality Implementation Plans;

Montana; 1990 Base Year Carbon

Monoxide Emission Inventories for

Montana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing approval of

the 1990 base year carbon monoxide

(CO) emission inventories for Missoula,

Billings, and Great Falls that were

submitted by the State to satisfy certain

requirements of the Clean Air Act

(CAA), as amended in 1990. In the Final

Rules Section of this Federal Register,

EPA is approving the State’s State

Implementation Plan (SIP) revision as a

direct final rule without prior proposal

because the Agency views this as a

noncontroversial revision and

anticipates no adverse comments. A

detailed rationale for the approval is set

forth in the direct final rule. If no

adverse comments are received in

response to this proposed rule, no

further activity is contemplated in

relation to this rule. If EPA receives

adverse comments, the direct final rule

will be withdrawn and all public

comments received will be addressed in

a subsequent final rule based on this

proposed rule. EPA will not institute a

second comment period on this action.

Any parties interested in commenting

on this action should do so at this time.

DATES: Comments on this proposed rule

must be received in writing by January

14, 1998.

ADDRESSES: Written comments should

be addressed to: Richard R. Long,

Director, Air Program (8P2–A), United

States Environmental Protection