75888 Federal Register / Vol. 65, No. 234 / Tuesday, December 5, 2000 / Proposed Rules

ACTION: Proposed rule; reopening of the

comment period.

SUMMARY: The Food and Drug

Administration (FDA) is reopening to

January 19, 2001, the comment period

for a document published in the Federal

Register of November 17, 1999 (64 FR

62746). In that document, FDA

proposed to amend its regulations on

nutrition labeling to require that the

amount of trans fatty acids present in a

food, including dietary supplements, be

included in the amount and percent

Daily Value declared for saturated fatty

acids. FDA also proposed that, wherever

saturated fat limits are placed on

nutrient content claims, health claims,

or disclosure or disqualifying levels, the

amount of trans fatty acids be limited as

well. Finally, FDA proposed to define

the nutrient content claim ‘‘trans fat

free.’’ FDA is taking this action in

response to comments on the November

17, 1999, proposal to ensure that

interested parties have an adequate

opportunity to comment on the issue of

whether the agency should define the

nutrient content claims ‘‘reduced trans

fat’’ and ‘‘reduced saturated and trans

fats.’’

DATES: Submit written comments on

nutrient content claims for ‘‘reduced

trans fat’’ and ‘‘reduced saturated and

trans fats’’ by January 19, 2001.

ADDRESSES: Submit written comments

to the Dockets Management Branch

(HFA–305), Food and Drug

Administration, 5630 Fishers Lane, rm.

1061, Rockville, MD 20852. You may

also send comments to the Dockets

Management Branch at the following email address: FDADockets@oc.fda.gov

or via the Internet at http://

www.accessdata.fda.gov/scripts/oc/

dockets/comments/commentdocket.cfm.

FOR FURTHER INFORMATION CONTACT:

Susan Thompson, Center for Food

Safety and Applied Nutrition (HFS–

832), Food and Drug Administration,

200 C St. SW., Washington, DC 20204,

202–205–5587.

SUPPLEMENTARY INFORMATION:

I. Reopening of Comment Period

In the Federal Register of November

17, 1999 (64 FR 62746), FDA (we)

proposed to amend our regulations on

nutrition labeling to require that the

amount of trans fatty acids present in a

food, including dietary supplements, be

included in the amount and percent

Daily Value declared for saturated fatty

acids. We also proposed that, wherever

saturated fat limits are placed on

nutrient content claims, health claims,

or disclosure or disqualifying levels, the

amount of trans fatty acids be limited as

well. Finally, we proposed to define the

nutrient content claim ‘‘trans fat free.’’

In that document, we requested

comments on the proposal by February

15, 2000. In the Federal Register of

February 16, 2000 (65 FR 7806), we

extended the comment period to April

17, 2000.

Ten comments responding to the

proposal (see Docket 94P–0036,

Comment numbers 1776, 2113, 2117,

2125, 2128, 2133, 2135, 2138, 2139, and

EMC 475) requested that the final rule

define the nutrient content claim

‘‘reduced trans fat.’’ We had not

proposed a definition for this claim, and

had suggested that persons who believe

that such a claim is useful could

petition the agency under § 101.69 (21

CFR 101.69) (64 FR 62746 at 62760).

Other comments (see Docket 94P–0036,

Comment numbers 2136 and 2139)

suggested a criterion (i.e., 25 percent

less saturated fat and trans fat

combined) for the claim ‘‘reduced

saturated fat’’ that we believe may be

more appropriate as a criterion for the

claim ‘‘reduced saturated and trans

fats.’’

We have considered these comments

and believe that some members of the

public may not have anticipated these

issues and thus did not address them in

comments. To ensure that all interested

parties have had an opportunity to

comment on whether the final rule

should define the claims ‘‘reduced trans

fat’’ and ‘‘reduced saturated and trans

fats,’’ we are reopening the comment

period for the November 17, 1999,

proposed rule for a period of 45 days.

Comments submitted during this period

are to be limited to those that directly

address the two claims identified above.

We are not requesting comments on any

other issue, and we do not intend to

consider such comments if submitted.

II. How to Submit Comments

Interested persons may submit to the

Dockets Management Branch (address

above) written comments by January 19,

2001. You may also send comments to

the Dockets Management Branch at the

following e-mail address:

FDADockets@oc.fda.gov, or via the

Internet at http://

www.accessdata.fda.gov/scripts/oc/

dockets/comments/commentdocket.cfm.

You must submit two copies of

comments, identified with the docket

number found in brackets in the

heading of this document, except that

you may submit one copy if you are an

individual. You may review received

comments in the Dockets Management

Branch between 9 a.m. and 4 p.m.,

Monday through Friday.

Dated: November 29, 2000.

Margaret M. Dotzel,

Associate Commissioner for Policy.

[FR Doc. 00–30827 Filed 12–4–00; 8:45 am]

BILLING CODE 4160–01–F

NATIONAL INDIAN GAMING

COMMISSION

25 CFR Part 580

[RIN 3141–AA04]

Environment, Public Health and Safety

AGENCY: National Indian Gaming

Commission.

ACTION: Proposed rule: Notice of

extension of time.

SUMMARY: On July 24, 2000, the National

Indian Gaming Commission

(Commission) issued a Proposed Rule

(65 FR 45558, July 24, 2000)

promulgating draft regulations to

provide for adequate protection of the

environment, public health and safety

under the Indian Gaming Regulatory Act

(Act). The date for filing comments is

being extended.

DATES: Comments shall be filed on or

before January 19, 2001.

ADDRESSES: Comments may be mailed

to: Environment, Public Health and

Safety Comments, National Indian

Gaming Commission, 1441 L Street,

N.W., Suite 9100, Washington, D.C.

20005, delivered to that address

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

Monday through Friday, or faxed to

202/632–7066 (this is not a toll-free

number). Comments received may be

inspected between 9:00 a.m. and noon,

and between 2:00 p.m. and 5:00 p.m.,

Monday through Friday.

FOR FURTHER INFORMATION CONTACT:

Christine Nagle at 202/632–7003; fax

202/632–7066 (these are not toll-free

numbers).

SUPPLEMENTARY INFORMATION: The

Indian Gaming Regulatory Act (IGRA, or

the Act), enacted on October 17, 1988,

established the National Indian Gaming

Commission (Commission). Under the

Act, the Commission is charged with

ensuring that tribal gaming facilities are

constructed, maintained and operated in

a manner, which adequately protects the

environment and the public health and

safety. The proposed regulations

establish a process for carrying out this

Commission responsibility. The

Commissioners have been requested to

allow additional time for preparation of

comments on the proposed regulations.

The Commission has determined that

these regulations are of such

Federal Register / Vol. 65, No. 234 / Tuesday, December 5, 2000 / Proposed Rules 75889

significance that interested parties

should be given additional time to

determine and present their views.

Montie R. Deer,

Chairman, National Indian Gaming

Commission.

[FR Doc. 00–30851 Filed 12–4–00; 8:45 am]

BILLING CODE 7565–01–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 948

[WV–087–FOR]

West 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 West

Virginia regulatory program under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

program amendment adds new West

Virginia regulations at 199 CSR 1

concerning Surface Mine Blasting Rule.

The amendments are intended to

improve the operational effectiveness of

the West Virginia program.

DATES: If you submit written comments,

they must be received on or before 4:00

p.m. (local time), on January 4, 2001. If

requested, a public hearing on the

proposed amendments will be held at

1:00 p.m. (local time), on January 2,

2001. Requests to speak at the hearing

must be received by 4:00 p.m. (local

time), on December 20, 2000.

ADDRESSES: Mail or hand-deliver your

written comments and requests to speak

at the hearing to Mr. Roger W. Calhoun,

Director, Charleston Field Office at the

address listed below.

You may review copies of the West

Virginia program, the proposed

amendment, a listing of any scheduled

hearings, and all written comments

received in response to this document at

the addresses below during normal

business hours, Monday through Friday,

excluding holidays. You may receive

one free copy of the proposed

amendment by contacting OSM’s

Charleston Field Office.

Mr. Roger W. Calhoun, Director,

Charleston Field Office, Office of

Surface Mining Reclamation and

Enforcement, 1027 Virginia Street,

East, Charleston, West Virginia 25301

Telephone: (304) 347–7158. E-mail:

chfo@osmre.gov

West Virginia Division of

Environmental Protection, 10

McJunkin Road, Nitro, West Virginia

25143, Telephone: (304) 759–0515.

The proposed amendment will be

posted at the Division’s Internet page:

http://www.dep.state.wv.us

In addition, you may review copies of

the proposed amendment during regular

business hours at the following

locations:

Office of Surface Mining Reclamation

and Enforcement, Morgantown Area

Office, 75 High Street, Room 229, P.O.

Box 886, Morgantown, West Virginia

26507, Telephone: (304) 291–4004

Office of Surface Mining Reclamation

and Enforcement, Beckley Area

Office, 323 Harper Park Drive, Suite 3,

Beckley, West Virginia 25801,

Telephone: (304) 255–5265.

FOR FURTHER INFORMATION CONTACT: Mr.

Roger W. Calhoun, Director, Charleston

Field Office; Telephone: (304) 347–

7158.

SUPPLEMENTARY INFORMATION:

I. Background on the West Virginia

Program

On January 21, 1981, the Secretary of

the Interior conditionally approved the

West Virginia program. You can find

background information on the West

Virginia program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval in the January 21, 1981,

Federal Register (46 FR 5915–5956).

You can find later actions concerning

the conditions of approval and program

amendments at 30 CFR 948.10, 948.12,

948.13, 948.15, and 948.16.

II. Discussion of the Proposed

Amendment

By letter dated October 30, 2000

(Administrative Record Number WV–

1187), the WVDEP submitted an

amendment to its program. The

amendment concerns the addition to the

West Virginia regulations of new Title

199, Series 1, entitled Surface Mine

Blasting Rule. These regulations consist

of new blasting provisions and blasting

provisions that have been relocated or

derived from previously approved West

Virginia blasting provisions. We have

identified in brackets in the proposed

amendment below, those instances

where the State has indicated that

specific provisions have been relocated

or derived from previously approved

blasting provisions. On November 12,

1999 (Administrative Record Number

WV–1143), we approved, with certain

exceptions, revisions to the West

Virginia Code (W. Va. Code) concerning

blasting (64 FR 61507–61518). The

current amendment is intended to revise

the States blasting rules to implement

the approved blasting statutes.

The new blasting regulations are

presented below.

199 CSR 1

Title 199

Legislative Rule

Division of Environmental Protection

Series 1

Surface Mining Blasting Rule

Section 199–1–1. General

1.1. Scope.—This rule establishes general

and specific rules for overseeing and

regulating blasting on all surface mining

operations; implementing and overseeing the

pre-blast survey process; inspection and

monitoring of blasting operations;

seismograph use; warning methods; site

specific limitations for type, size, timing and

frequency of blasts; public notice

requirements; maintaining and operating a

system to receive and address questions,

concerns and complaints relating to mining

operations; setting the qualifications for

individuals and firms performing pre-blast

surveys; establishing the education, training,

examination and certification of blasters;

disciplinary procedures for blasters; and

administering a claims process, including

arbitration, for property damage caused by

blasting.

1.2. Applicability.—This rule applies to all

surface mining operations and surface

disturbances associated with underground

mining operations in the State of West

Virginia.

1.3. Authority.—W. Va. Code Sections 22–

1–3, 22–3A–4, 22–1–5. et seq.

1.4. Filing Date.

1.5. Effective Date.

1.6. Incorporation by Reference.—Federal

Counterpart Regulations—30 CFR 850.

1.7. Repeal of Former Rule.—This rule

repeals and replaces 38CSR2C—Standards

for Certification of Blasters—Surface Coal

Mines, effective May 1, 1995, filed April 26,

1995.

Section 199–1–2

Definitions.—As used in this rule unless

used in a context that clearly requires a

different meaning the term:

2.1. Active Blasting Experience means

experience gained by a person who has

worked on a blasting crew, supervised a

blasting crew, or worked on a drilling crew

which performed blasting operations. Two

hundred forty working days constitutes one

year of experience. Experience may only be

gained by ‘‘first-hand’’ participation in

activities associated with the storing,

handling, transportation and use of

explosives or the immediate supervision of

those activities within surface coal mines,

and the surface areas of underground coal

mines. Experience should be related to

surface mine blasting; Provided, that other

related blasting experience (quarrying