67016 Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Proposed Rules

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 913

Intergovernmental relations, Surface

mining, Underground mining.

Dated: December 12, 1997.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

[FR Doc. 97–33430 Filed 12–22–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 946

[VA–112–FOR]

Virginia Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the Virginia

regulatory program (hereinafter referred

to as the Virginia program) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

proposed amendment revises numerous

provisions of the Virginia program for

surface coal mining and reclamation

operations. The amendment is intended

to revise the State program to be

consistent with the Federal regulations.

DATES: Written comments must be

received by 4:00 p.m., on January 22,

1998. If requested, a public hearing on

the proposed amendment will be held

on January 20, 1998. Requests to speak

at the hearing must be received by 4:00

p.m., on January 7, 1998.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Mr.

Robert A. Penn, Director, Big Stone Gap

Field Office at the first address listed

below.

Copies of the Virginia 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 requestor may receive

one free copy of the proposed

amendment by contacting OSM’s Big

Stone Gap Field Office.

Office of Surface Mining Reclamation

and Enforcement, Big Stone Gap Field

Office, 1941 Neeley Road, Suite 201,

Compartment 116, Big Stone Gap,

Virginia 24219, Telephone: (703) 523–

4303

Virginia Division of Mined Land

Reclamation, P.O. Drawer 900, Big

Stone Gap, Virginia 24219,

Telephone: (703) 523–8100

FOR FURTHER INFORMATION CONTACT:

Mr. Robert A. Penn, Director, Big Stone

Gap Field Office, Telephone: (703) 523–

4303.

SUPPLEMENTARY INFORMATION:

I. Background on the Virginia Program

On December 15, 1981, the Secretary

of the Interior conditionally approved

the Virginia program. Background

information on the Virginia program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the December 15, 1981, Federal Register

(46 FR 61085–61115). Subsequent

actions concerning the conditions of

approval and program amendments can

be found at 30 CFR 946.12, 946.13,

946.15, and 946.16.

II. Discussion of the Proposed

Amendment

By letter dated December 1, 1997

(Administrative Record VA–938), the

Virginia Department of Mines, Minerals

and Energy (DMME) submitted

numerous amendments to the Virginia

program. The DMME stated that the

purpose of the amendments is to

address issues identified by OSM

pursuant to 30 CFR 732.17(d). The

DMME stated that the proposed

amendments are intended to be

materially consistent with the

corresponding Federal standards.

The proposed amendments are as

follows:

4VAC 25–130–701.5 Definitions.

Two definitions are amended:

‘‘Previously mined area’’ and ‘‘other

treatment facilities.’’

4VAC 25–130–779.22 Land use

information. This provision is proposed

for deletion.

4VAC 25–130–779.25 Cross sections,

maps, and plans. Subsections (a) and (b)

are amended.

4VAC 25–130–780.23 Reclamation

Plan; Land Use Information.

Subsections (a), (b), and (c) are

amended.

4VAC 25–130–780.25 Reclamation

Plan: Siltation Structures,

Impoundments, Banks, Dams and

Embankments. Subsections (a), (b), (c),

and (f) are amended.

4VAC 25–130–780.35 Disposal of

excess spoil. Subsection (b) is amended.

4VAC 25–130–783.25 Cross sections,

maps and plans. Subsection (a) is

amended and renumbered.

4VAC 25–130–784.15 Reclamation

Plan: Land Use Information. The

existing language is deleted and

replaced with new language.

4VAC 25–130–784.16 Reclamation

Plan: Siltation Structures,

Impoundments, Banks, Dams, and

Embankments. Subsections (a), (b), (c),

and (f) are amended.

4VAC 25–130–784.23 Operation

plan; maps and plans. Subsections (b)

and (c) are amended.

4VAC 25–130–800.40 Requirements

for release of performance bond. New

subsection (a)(3) is added.

4VAC 25–130–816.46 Hydrologic

balance; siltation structures.

Subsections (a), (b), and (c) are

amended.

4VAC 25–130–816.49

Impoundments. Subsections (a) and (c)

are amended.

4VAC 25–130–816.74 Disposal of

excess spoil; preexisting benches.

Subsections (a) through (g) are

amended.

4VAC 25–130–816.81 Coal mine

waste; general requirements.

Subsections (a) and (c) are amended.

4VAC 25–130–816.89 Disposal of

noncoal mine wastes. Subsection (d) is

deleted.

4VAC 25–130–816.104 Backfilling

and grading; thin overburden. The

existing introductory paragraph is
Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Proposed Rules 67017

deleted and replaced by new language,

and existing paragraph (a) is revised and

renumbered.

4VAC 25–130–816.105 Backfilling

and grading; thick overburden. The

existing introductory paragraph is

deleted and replaced by new language,

and existing paragraph (a) is revised and

renumbered.

4VAC 25–130–817.46 Hydrologic

balance; siltation structures.

Subsections (a), (b), and (c) are

amended.

4VAC 25–130–817.49

Impoundments. Subsections (a) and (c)

are amended.

4 VAC 25–130–817.74 Disposal of

excess spoil; preexisting benches.

Subsections (a) through (g) are

amended.

4 VAC 25–130–817.81 Coal mine

waste; general requirements.

Subsections (a) and (c) are amended.

4 VAC 25–130–817.89 Disposal of

noncoal mine Wastes. Subsection (d) is

deleted.

4 VAC 25–130–823.11 Applicability.

Subsection (a) is amended.

4 VAC 25–130–840.11 Inspections

by the division. Subsections (f), (g), and

(h) are amended.

4 VAC 25–130–843.14 Service of

notices of violation, cessation orders,

and show cause orders. Subsection

(a)(2) is amended.

4 VAC 25–130–845.17 Procedures

for assessment of civil penalties.

Subsection (b) is amended.

4 VAC 25–130–845.18 Procedures

for assessment conference. Subsections

(a) and (b), and new subsection (d) is

added.

4 VAC 25–130–845.19 Request for

hearing. Subsection (a) is amended.

4 VAC 25–130–846.17 Assessment of

an individual civil penalty. Subsection

(b)(3) is deleted and replaced by a new

subsection (c).

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 732.17(h), OSM is now seeking

comment on whether the amendments

proposed by Virginia satisfy the

applicable program approval criteria of

30 CFR 732.15. If the amendments are

deemed adequate, they will become part

of the Virginia 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 Big Stone Gap Field

Office will not necessarily be

considered in the final rulemaking or

included in the Administrative Record.

Public Hearing

Persons wishing to comment at the

public hearing should contact the

person listed under FOR FURTHER

INFORMATION CONTACT by close of

business on January 7, 1998. If no one

requests an opportunity to comment at

a 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.

The public hearing will continue on

the specified date until all persons

scheduled to comment have been heard.

Persons in the audience who have not

been scheduled to comment, and who

wish to do so, will be heard following

those scheduled. The hearing will end

after all persons scheduled to comment

and persons present in the audience

who wish to comment have been heard.

Public Meeting

If only one person requests an

opportunity to comment 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 amendments may

request a meeting at the Big Stone Gap

Field Office 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 in

advance at the locations listed under

ADDRESSES. A written summary of each

public meeting will be made part of the

Administrative Record.

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.

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 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.
67018 Federal Register / Vol. 62, No. 246 / Tuesday, December 23, 1997 / Proposed Rules

List of Subjects in 30 CFR Part 946

Intergovernmental relations, Surface

mining, Underground mining.

Dated: December 10, 1997.

Allen D. Klein,

Regional Director, Appalachian Regional

Coordinating Center.

[FR Doc. 97–33431 Filed 12–22–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

[DoD 6010.8–R]

RIN 0720–AA39

Civilian Health and Medical Program of

the Uniformed Services (CHAMPUS);

Revisions to the Eligibility

Requirements

AGENCY: Office of the Secretary, DoD.

ACTION: Proposed rule.

SUMMARY: This proposed rule revises the

comprehensive CHAMPUS regulation

pertaining to basic CHAMPUS benefits

in accordance with several statutory

changes. This proposed rule: sets forth

the requirements for reinstatement of

CHAMPUS eligibility for beneficiaries

under age 65 who would otherwise have

lost eligibility for CHAMPUS due to

eligibility for Medicare as a result of

disability or end-stage renal disease

(ESRD); establishes new classes of

CHAMPUS eligibles; establishes the

Transitional Assistance Management

Program which provides transitional

health care for members (and their

dependents) who served on active duty

in support of a contingency operation

and for members (and their dependents)

who are involuntarily separated from

active duty; allows former spouses who

buy a conversion health policy to keep

CHAMPUS eligibility for twenty-four

(24) months for preexisting conditions

that are not covered by the conversion

policy; and makes minor technical

revisions to the double coverage

provisions. This proposed rule also adds

a new category of eligible beneficiary

under the Continued Health Care

Benefit Program.

DATES: Comments must be received by

February 23, 1998.

ADDRESSES: Send comments to the

Office of the Civilian Health and

Medical Program of the Uniformed

Services (OCHAMPUS), Program

Development Branch, Aurora, CO

80045–6900.

FOR FURTHER INFORMATION CONTACT:

Stephen E. Isaacson, Program

Development Branch, OCHAMPUS,

telephone (303) 361–1172.

SUPPLEMENTARY INFORMATION:

I. Eligibility Requirements

This proposed rule adds or revises a

number of eligibility provisions.

Following is a brief summary of the

classes of beneficiaries affected by this

proposed rule. Generally, each class is

eligible for CHAMPUS as a result of the

change, and we have included the other

salient points regarding each, but the

reader should refer to the subsequent

discussion for details regarding the

specific conditions and requirements for

each class.

CHAMPUS/Medicare dual eligibles.

• Must be under age 65, eligible for

Medicare due to disability or end-stage

renal disease, and enrolled in Medicare

Part B.

• Applies to all categories of

CHAMPUS beneficiaries except

dependents of active-duty members.

• Effective October 1, 1991.

Dependents of a person who dies of

an injury, illness, or disease incurred on

the way to or from training with a

duration of 30 days or less.

• Retiree cost-sharing.

• Effective November 14, 1986.

Victims of abuse.

• By a member who was discharged

or dismissed as a result of a courtmartial conviction for the abuse.

• Eligibility limited to one year from

member’s separation.

• Coverage limited to treatment of

conditions resulting from abuse.

• Effective November 14, 1986.

• By a member of former member

who loses eligibility to retired pay as a

result of the abuse.

• Effective October 23, 1992.

Students who become incapable of

self-support.

• Must be full-time student.

• The incapacitating condition must

occur between the ages of 21 and 23.

• Effective October 23, 1992.

Dependents of an active duty member

who dies while on active duty.

• These individuals have always been

eligible for CHAMPUS with retiree costsharing.

• The most recent change provides

that all care is to be cost-shared as active

duty.

• Special cost-sharing is limited to

one year.

• Effective October 1, 1993.

• For dependents of active-duty

members who die while on active duty

between January 1, 1993, and October 1,

1993, only care for pre-existing

conditions is to be cost-shared as active

duty.

Dependents placed in the custody of

a member or former member by a court

or a recognized placement agency.

• Effective July 1, 1994, if placed by

a court.

• Effective October 5, 1994, if placed

by a recognized placement agency.

• This category of beneficiary is also

added to the Continued Health Care

Benefit Program effective October 5,

1994.

Transitional Assistance Management

Program (TAMP)

• Claims for all individuals eligible

under TAMP are cost-shared as activeduty dependents.

• Members released from active duty

in connection with contingency

operations.

• Eligible up to thirty (30) days.

• Effective April 6, 1991.

• Members involuntarily separated

with less than six (6) years of service.

• Eligible up to sixty (60) days.

• Effective October 1, 1990.

• Members involuntarily separated

with six (6) or more years of service.

• Eligible up to 120 days.

• Effective October 1, 1990.

II. Reinstatement of CHAMPUS

Eligibility for Certain Medicare

Beneficiaries

A. Regulation Amendment

The regulation is being amended to

implement a series of laws enacted to

reinstate CHAMPUS eligibility for

certain individuals who, under previous

laws, would have lost their CHAMPUS

eligibility due to their eligibility for

Medicare. This section briefly describes

the amendment. A discussion of the

legislative enactments will then follow,

providing further explanation of the

amendment and the various interim

actions taken for implementation.

The amendment provides that

CHAMPUS eligibility will be reinstated

for beneficiaries:

1. Under age 65;

2. Who would otherwise have lost

eligibility for CHAMPUS due to

eligibility for Medicare as a result of

disability (as defined in 42 U.S.C.

426(b)(2)) or as a result of end stage

renal disease (ESRD) (as defined in 42

U.S.C. 426–1(a)); and,

3. Who are enrolled in the

supplementary medical insurance

program under Medicare Part B.

Under this amendment, CHAMPUS

eligibility will be reinstated effective

upon the date the individual meets all

three requirements cited above except

that eligibility cannot be reinstated for

care received prior to October 1, 1991.

Initially, a special coordination of

benefits procedure was established by