Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Proposed Rules 63223

Regulatory Procedures

Executive Order 12866

We have consulted with the Office of

Management and Budget (OMB) and

determined that these proposed rules do

not meet the criteria for a significant

regulatory action under Executive Order

12866. Thus, they are not subject to

OMB review.

Regulatory Flexibility Act

We certify that these proposed

regulations will not have a significant

impact on a substantial number of small

entities. Therefore, a regulatory

flexibility analysis, as provided in the

Regulatory Flexibility Act, as amended,

is not required.

Paperwork Reduction Act

These proposed regulations will

impose no new reporting on

recordkeeping requirements requiring

OMB clearance.

(Catalog of Federal Domestic Assistance

Programs No. 96.006, Supplemental Security

Income)

List of Subjects

20 CFR Part 416

Administrative practice and

procedure, Aged, Blind, Disability

benefits, Public assistance programs,

Reporting and recordkeeping

requirements, Supplemental Security

Income (SSI).

20 CFR Part 422

Administrative practice and

procedure, Organization and functions

(Government agencies), Social Security.

Dated: October 5, 2000.

Kenneth S. Apfel,

Commissioner of Social Security.

For the reasons set out in the

preamble, we propose to amend

subparts E and N of Part 416 and

subpart D of Part 422 of Chapter III of

Title 20 of the Code of Federal

Regulations as follows:

PART 416—SUPPLEMENTAL

SECURITY INCOME FOR THE AGED,

BLIND, AND DISABLED

1. The authority citation for subpart E

of Part 416 continues to read as follows:

Authority: Secs. 702(a)(5), 1601, 1602,

1611(c) and (e), and 1631(a)–(d) and (g) of the

Social Security Act (42 U.S.C. 902(a)(5),

1381, 1381a, 1382(c) and (e), and 1383(a)–(d)

and (g)); 31 U.S.C. 3720A.

2. Section 416.590 is added to read as

follows:

§ 416.590 Are there additional methods for

recovery of title XVI benefit overpayments?

(a) General. In addition to the

methods specified in §§ 416.560,

416.570 and § 416.580, we may recover

an overpayment under title XVI of the

Act from you under the rules in subpart

D of part 422 of this chapter, provided:

(1) The overpayment occurred after

you attained age 18;

(2) You are no longer entitled to

benefits under title XVI of the Act; and

(3) Pursuant to paragraph (b) of this

section, we have determined that the

overpayment is otherwise unrecoverable

under section 1631(b) of the Act.

(b) When we consider an overpayment

to be otherwise unrecoverable. We

consider an overpayment under title

XVI of the Act to be otherwise

unrecoverable under section 1631(b) of

the Act if all of the following conditions

are met:

(1) We have completed our billing

system sequence (i.e., we have sent you

an initial notice of the overpayment, a

reminder notice, and a past-due notice)

or we have suspended or terminated

collection activity under the Federal

Claims Collection Standards in 4 CFR

104.2 or 104.3.

(2) We have not entered into an

installment payment arrangement with

you or, if we have entered into such an

arrangement, you have failed to make

any payment for two consecutive

months.

(3) You have not requested waiver

pursuant to § 416.550 or § 416.582 or,

after a review conducted pursuant to

those sections, we have determined that

we will not waive collection of the

overpayment.

(4) You have requested

reconsideration of the initial

overpayment determination pursuant to

§§ 416.1407 and 416.1409 or, after a

review conducted pursuant to

§ 416.1413, we have affirmed all or part

of the initial overpayment

determination.

(5) We cannot recover your

overpayment pursuant to § 416.570 by

adjustment of benefits payable to any

individual other than you. For purposes

of this paragraph, if you are a member

of an eligible couple that is legally

separated and/or living apart, we will

deem unrecoverable from the other

person that part of your overpayment

which he or she did not receive.

3. The authority citation for subpart N

of Part 416 is revised to read as follows:

Authority: Secs. 702(a)(5), 1631, and 1633

of the Social Security Act (42 U.S.C.

902(a)(5), 1383, and 1383b).

4. In § 416.1403, paragraph (a) is

amended by removing the word ‘‘and’’

at the end of paragraph (a)(16),

removing the first period in paragraph

(a)(17), replacing ‘‘See’’ with ‘‘see’’ in

the parenthetical in paragraph (a)(17),

replacing the second period at the end

of paragraph (a)(17) with a semicolon,

and adding new paragraphs (a)(18) and

(a)(19) to read as follows:

§ 41.1403 Administrative actions that are

not initial determinations.

(a) * * *

(18) Determining whether we will

refer information about your

overpayment to a consumer reporting

agency (see § 416.590 and § 422.305 of

this chapter); and

(19) Determining whether we will

refer your overpayment to the

Department of the Treasury for

collection by offset against Federal

payment due you (see § 416.590 and

§ 422.310 of this chapter).

* * * * *

PART 422—ORGANIZATION AND

PROCEDURES

5. The authority citation for subpart D

of Part 422 is revised to read as follows:

Authority: Secs. 204(f), 205(a), 702(a)(5),

and 1631(b) of the Social Security Act (42

U.S.C. 404(f), 405(a), 902(a)(5), and 1383(b));

31 U.S.C. 3711(e); 31 U.S.C. 3716.

§ 422.301 [Amended]

6. Section 422.301(b) is amended by

removing the words ‘‘title II’’ and by

replacing ‘‘§ 404.527’’ with ‘‘§§ 404.527

and 416.590.’’

§ 422.305 [Amended]

7. Section 422.305 is amended by

removing the reference to ‘‘title II’’ in

the heading and in paragraph (a).

[FR Doc. 00–27164 Filed 10–20–00; 8:45 am]

BILLING CODE 4191–02–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 931

[SPATS No. NM–041–FOR]

New Mexico Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing on proposed amendment.

SUMMARY: Office of Surface Mining

Reclamation and Enforcement (OSM) is

announcing receipt of a proposed

amendment to the New Mexico

63224 Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Proposed Rules

regulatory program (hereinafter, the

‘‘New Mexico program’’) under the

Surface Mining Control and

Reclamation act of 1977 (SMCRA). The

proposed amendment consists of

recodification of the New Mexico

Surface Coal Mining Regulations. The

amendment is intended to revise the

New Mexico program to improve

operational efficiency and assure that

the New Mexico Surface Coal Mining

Regulations are codified according to

the New Mexico administrative

procedures.

DATES: Written comments must be

received by 4 p.m., m.d.t., November 22,

2000. If requested, a public hearing on

the proposed amendment will be held

on November 17, 2000. Requests to

present oral testimony at the hearing

must be received by 4 p.m., m.d.t., on

November 7, 2000.

ADDRESSES: You should mail or hand

deliver written comments and requests

to speak at the hearing to Willis L.

Gainer at the address listed below.

You may review copies of the New

Mexico program, the amendment, a

listing of any scheduled public hearings,

and all written comments received in

response to this document at the

addresses listed below during normal

business hours, Monday through Friday,

excluding holidays. You may receive

one free copy of the amendment by

contacting OSM’s Albuquerque Field

Office.

Willis L. Gainer, Director, Albuquerque

Field Office, Office of Surface Mining

Reclamation and Enforcement, 505

Marquette Avenue, NW., Suite 1200,

Albuquerque, New Mexico 87102

Mining and Minerals Division, New

Mexico Energy & Minerals

Department, 2040 South Pacheco

Street, Santa Fe, New Mexico 87505,

Telephone: (505) 827–5970

FOR FURTHER INFORMATION CONTACT:

Willis L. Gainer, Telephone: (505) 248–

5096, Internet address:

WGAINER@OSMRE.GOV.

SUPPLEMENTARY INFORMATION:

I. Background on the New Mexico

Program

On December 31, 1980, the Secretary

of the Interior conditionally approved

the New Mexico program. General

background information on the New

Mexico program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval of the New Mexico program

can be found in the December 31, 1980,

Federal Register (45 FR 86459).

Subsequent actions concerning New

Mexico’s program and program

amendments can be found at 30 CFR

931.11, 931.15, 931.16, and 931.30.

II. Proposed Amendment

By letter dated September 22, 2000

(administrative record No. NM–840),

New Mexico submitted a proposed

amendment to its program pursuant to

SMCRA (30 U.S.C. 1201 et seq.). New

Mexico submitted the proposed

amendment at its own initiative. New

Mexico proposes to recodify the New

Mexico Surface Coal Mining

Regulations.

Specifically, New Mexico proposes to

recodify its regulations from Title 19

(Natural Resources and Wildlife),

Chapter 8 (Coal Mining), Part 2 (Coal

Surface Mining) of the New Mexico

Administrative Code (NMAC), Subparts

1 through 34, to Title 19, Chapter 8 of

NMAC, Parts 1 through 34, or 19.8

NMAC Parts 1–34. No substantive

changes to the text of the New Mexico

regulations that are counterpart to

SMCRA are proposed.

The only significant text revisions

New Mexico proposes are at 19.8.1.5.

and 19.8.1.108. New Mexico proposes to

revise Section 5 to clarify the effective

date of the regulations as follows:

19.8.1.5 Effective Date: November 29, 1997,

unless a later date is cited at the end of a

section.

New Mexico proposes to revise Section

108 to reinsert previously approved

language that was unintentionally

removed when New Mexico recodified

it regulations in 1997. New Mexico

proposes to reinsert the following:

19.8.1.108 Suspension of Rules or

Regulations (None) Section 1–11 CSMC Rule

80–1, as adopted May 15, 1980, is hereby

repealed, provided, however, that such

repeal shall not be deemed to affect the

authority of persons to engage in or carry out

any surface coal mining operations if he has

a permit under Laws 1972, Chapter 68, and

such permit has not expired pursuant to the

Act or 19.8 NMAC Parts 1–34, so long as he

complies with the provisions of the Act, the

permit and 19.8 NMAC Parts 1–34.

III. Public Comment Procedures

We will make comments, including

names and addresses of respondents,

available for public review during

normal business hours. We will not

consider anonymous comments. If

individual respondents request

confidentiality, we will honor their

request to the extent allowable by law.

Individual respondents who wish to

withhold their name or address from

public review, except for the city or

town, must state this prominently at the

beginning of their comments. We will

make all submissions from

organizations or businesses, and from

individuals identifying themselves as

representatives or officials of

organizations or businesses, available

for public review in their entirety.

Please submit Internet comments as

an ASCII file avoiding the use of special

characters and nay form of encryption.

Please also include ‘‘Attn: SPATS No.

NM–041–FOR’’ and your name and

return address in your Internet message.

If you do not receive a confirmation that

we have received your Internet message,

contact the Albuquerque Field Office at

(505) 248–5096.

Your written comments should be

specific and pertain only to the issues

proposed in this rulemaking, and

include explanations in support of the

commenter’s recommendations. In the

final rulemaking, we will not

necessarily consider or include in the

Administrative Record any comments

received after the time indicated under

DATES or at locations other than the

Albuquerque Field Office.

In accordance with the provisions of

30 CFR 732.17(h), we are requesting

comments on whether the proposed

amendment satisfies the applicable

program approval criteria of 30 CFR

732.15. If we approve the amendment,

it will become part of the New Mexico

program.

Comments received after the time

indicated under DATES or at locations

other than the Albuquerque Field Office

will not necessarily be considered in the

final rulemaking or included in the

administrative record.

Public Hearing

Persons wishing to testify at the

public hearing should contact the

person listed under FOR FURTHER

INFORMATION CONTACT by 4:00 p.m.,

m.d.t., on November 7, 2000. 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 location and

time of the hearing will be arranged

with those persons requesting the

hearing. If no one requests an

opportunity to testify at the public

hearing, the hearing will not be held.

To assist the transcriber and ensure an

accurate record, we request, if possible,

that each person who testifies at a

public hearing provide us with a written

copy of his or her testimony. The public

hearing will continue on the specified

date until all persons scheduled to

speak have been heard. If you are in the

audience and have not been scheduled

to speak and wish to do so, you will be

allowed to speak after those who have

been scheduled. We will end the

hearing after all persons scheduled to

Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / Proposed Rules 63225

speak and persons present in the

audience who wish to speak have been

heard.

Public Meeting

If only one person requests an

opportunity to testify at a hearing, a

public meeting, rather than a public

hearing, may be held. Persons wishing

to meet the 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 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 the Executive Order 12988

(Civil Justice Reform) and has

determined that 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

the Federal regulations at 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

that 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.

Executive Order 12630—Takings

This rule does not have takings

implications. This determination is

based on the analysis performed for the

counterpart federal regulation.

Executive Order 13132—Federalism

This rule does not have federalism

implications. SMCRA delineates the

roles of the federal and state

governments with regard to the

regulation of surface coal mining and

reclamation operations. One of the

purposes of SMCRA is to ‘‘establish a

nationwide program to protect society

and the environment from the adverse

effects of surface coal mining

operations.’’ Section 503(a)(1) of

SMCRA requires that state laws

regulating surface coal mining and

reclamation operations be ‘‘in

accordance with’’ the requirements of

SMCRA, and section 503(a)(7) requires

that state programs contain rules and

regulations ‘‘consistent with’’

regulations issued by the Secretary

pursuant to SMCRA.

Small Business Regulatory Enforcement

Fairness Act

This rule is not a major rule under 5

U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act.

This rule:

a. Does not have an annual effect on

the economy of $100 million.

b. Will not cause a major increase in

costs or prices for consumers,

individual industries, federal, state, or

local government agencies, or

geographic regions.

c. Does not have significant adverse

effects on competition, employment,

investment, productivity, innovation, or

the ability of U.S. based enterprises to

compete with foreign-based enterprises.

This determination is based upon the

fact that the state submittal which is the

subject of this rule is based upon

counterpart federal regulations for

which an analysis was prepared and a

determination made that the federal

regulation was not considered a major

rule.

List of Subjects in 30 CFR Part 931

Intergovernmental relations, Surface

mining, Underground mining.

Dated: October 11, 2000.

Peter A. Rutledge,

Acting Regional Director, Western Regional

Coordinating Center.

[FR Doc. 00–27163 Filed 10–20–00; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018–AH67

Migratory Bird Hunting; Temporary

Approval of Tin Shot as Nontoxic for

Hunting Waterfowl and Coots During

the 2000–2001 Season

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; correction.

SUMMARY: The U.S. Fish and Wildlife

Service (Service or we) published in the

September 25, 2000, Federal Register, a

proposal to grant temporary approval of

tin shot as nontoxic for hunting

waterfowl and coots during the 2000–01

hunting season. Inadvertently, the

deadline for public comment was stated

as November 24, 2000. This correction

amends the deadline for public

comment to October 24, 2000.

DATES: Comments on the proposed rule

published September 25, 2000 (65 FR

57586) must be received no later than

October 24, 2000.

ADDRESSES: You should submit

comments on the proposed rule to the

Chief, Office of Migratory Bird