Federal Register / Vol. 62, No. 49 / Thursday, March 13, 1997 / Proposed Rules 11805

(c) Within 15 days after an award has

been submitted to the parties, the

arbitrator shall submit an Arbitrator’s

Report and Fee Statement (Form R–19)

to OAS showing a breakdown of the fee

and expense charges so that the OAS

may review conformance with stated

charges under § 1404.12(a). The Form

R–19 is not to be used to invoice the

parties.

(d) While the FMCS encourages the

publication of arbitration awards,

arbitrators should not publicize awards

if objected to by one of the parties.

§ 1404.15 Fees and charges of arbitrators.

(a) FMCS will charge all arbitrators a

fee to be listed on the Roster. All

arbitrators listed on the Roster may

charge a per diem fee and other

predetermined fees for services, if the

amount of such fees have been provided

in advance to the FMCS. Each

arbitrator’s maximum per diem fee and

the existence of other predetermined

fees, if any, are set forth on a

biographical sketch which is sent to the

parties when panels are submitted. The

arbitrator shall not change any fee or

add charges without giving at least 30

days’ advance written notice to the

FMCS. Arbitrators with dual business

addresses must bill the parties for

expenses from the nearest business

address to the hearing site.

(b) In cases involving unusual

amounts of time and expenses relative

to pre-hearing and post-hearing

administration of a particular case, an

administrative charge may be made by

the arbitrator.

(c) Arbitrators shall submit their

schedule of fees to both parties when

accepting arbitration appointments. All

charges other than those specified in

paragraph (a) of this section shall be

divulged to and agreement obtained by

the arbitrator with the parties

immediately after appointment.

(d) The OAS requests that it be

notified of any arbitrator’s deviation

from the policies expressed in this part.

While FMCS will not resolve fee

disputes, repeated complaints

concerning the fees charged by an

arbitrator will be brought to the

attention of the Arbitration Review

Board for further consideration.

§ 1404.16 Reports and biographical

sketches.

(a) arbitrators listed on the Roster

shall executive and return all

documents, forms and reports required

by FMCS. They shall also keep the OAS

informed of changes of address,

telephone number, availability, and of

any business or other connection or

relationship which involves labormanagement relations or which creates

or gives the appearance of advocacy as

defined in § 1404.5(c)(1).

(b) The OAS will provide biographical

sketches on each person admitted to the

Roster from information supplied by

applicants. Arbitrators may request

revision of biographical information at

later dates to reflect changes in fees, the

existence of additional charges, or other

relevant data. The OAS reserves the

right to decide and approve the format

and content of biographical sketches.

Appendix to 29 CFR Part 1404—Arbitration Policy; Schedule of Fees

Annual listing fee for all arbitrators ....................................................... $100 for the first address; $50 for second address.

Request for panel of arbitrators .............................................................. $30 for each panel request (includes subsequent appointment).

Diect appointment of an arbitrator when a panel is not used .............. $20 per appointment.

List and biographic sketches of arbitrators in a specific area .............. $10 per request plus $10 per page.

John Calhoun Wells,

Director.

[FR Doc. 97–6305 Filed 3–12–97; 8:45 am]

BILLING CODE 6732–01–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 906

[SPATS No. CO–034–FOR]

Colorado 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.

Office of Surface Mining Reclamation

and Enforcement (OSM) is announcing

receipt of a proposed amendment to the

Colorado regulatory program

(hereinafter, the ‘‘Colorado program’’)

under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

proposed amendment consists of, in

addition to several nonsubstantive

editorial revisions, revisions to

Colorado’s rules pertaining to (1) the

applicability of Colorado’s rules and

language identifying where referenced

material may be viewed; (2) definitions;

(3) the requirement to repeal any State

rule required by a Federal law or rule

which is repealed; (4) the operations

plan permit application requirements;

(5) experimental practices; (6) the right

of successive permit renewal; (7)

transfer, assignment or sale of permit

rights; (8) terms and conditions of an

irrevocable letter of credit; (9)

performance standards for

sedimentation ponds; (10) embankment

design for sedimentation ponds; (11)

sign and markers for temporary and

permanent cessation of operations; (12)

availability of records; and (13) a

permittee’s failure to abate a violation.

The amendment is intended to revise

the Colorado program to clarify

ambiguities and improve operational

efficiency.

DATES: Written comments must be

received by 4:00 p.m., M.D.T., April 14,

1997. If requested, a public hearing on

the proposed amendment will be held

on April 7, 1997. Requests to present

oral testimony at the hearing must be

received by 4:00 p.m., M.D.T., on March

28, 1997.

ADDRESSES: Written comments should

be mailed or hand delivered to James F.

Fulton at the address listed below.

Copies of the Colorado program, the

proposed amendment, 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 Denver Field

Division.

James F. Fulton, Chief, Denver Field

Division, Office of Surface Mining

Reclamation and Enforcement, 1999

Broadway, Suite 3320, Denver,

Colorado 80202–5733

Michael B. Long, Director, Division of

Minerals and Geology, Department of

Natural Resources, 1313 Sherman St.,

Room 215, Denver, Colorado 80203,

Telephone: (303) 866–3567

FOR FURTHER INFORMATION CONTACT:

James F. Fulton, Telephone: (303) 844–

1424.

SUPPLEMENTARY INFORMATION:

I. Background on the Colorado Program

On December 15, 1980, the Secretary

of the Interior conditionally approved
11806 Federal Register / Vol. 62, No. 49 / Thursday, March 13, 1997 / Proposed Rules

the Colorado program. General

background information on the

Colorado program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval of the Colorado program can

be found in the December 15, 1980,

Federal Register (45 FR 82173).

Subsequent actions concerning

Colorado’s program and program

amendments can be found at 30 CFR

906.11, 906.15, and 906.16.

II. Proposed Amendment

By letter dated February 25, 1997,

Colorado submitted a proposed

amendment (administrative record No.

CO–683) to its program pursuant to

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

Colorado submitted the proposed

amendment at its own initiative.

Colorado proposed to revise the

following provisions of the Colorado

Surface Coal Mining Reclamation Act,

Colorado Revised Statutes (C.R.S.):

C.R.S. 34–33–1.01 and 1.01(9),

concerning applicability of Colorado’s

rules, to include the statements,

respectively, that ‘‘[a] written statement

on the basis and purpose of the

amendments to these Rules adopted by

the Board on December 18, 1996 is

hereby incorporated in these Rules by

reference pursuant to C.R.S. 1995, 24–4–

103(4) and is available at the Office of

the Mined Land Reclamation Board’’

and ‘‘[a]ll materials [cited in these rules]

incorporated by reference are available

for inspection at State Publications

Depository Libraries, through interlibrary loan, and at the Division office

located in Room 215, Centennial

Building, 1313 Sherman Street, Denver,

Colorado 80203. The Division Director

can provide further information

regarding how the incorporated material

may be obtained or examined;’’

C.R.S. 34–33–104(4), concerning the

definition of ‘‘[a]ctive mining area,’’ to

remove the parenthetical reference

stating ‘‘as used in 4.05.2(7);’’

C.R.S. 34–33–1.04(21), concerning

definition of ‘‘[c]oal,’’ to remove

language identifying where material

incorporated by reference may be

viewed;

C.R.S. 34–33–104(41), concerning the

definition of ‘‘[e]mployee,’’ to add the

parenthetical statement ‘‘regarding

employee financial interests in Section

1.10;’’

C.R.S. 34–33–1.13, concerning the

requirement to repeal any State rule

required by a Federal law or rule which

is repealed, to require that the repeal of

the State rule become effective ninety,

rather than sixty, days after publication

of the repeal of the Federal rule in the

Federal Register;

C.R.S. 34–33–2.05.3(3)(b)(i)(D),

concerning the operations plan permit

application requirements for mine

facilities, to remove a reference to

‘‘design requirements’’ where discussing

exemptions for existing structures at

2.07.6;

C.R.S. 34–33–2.05.3(3)(c)(ii),

concerning the operations plan permit

application requirements for mine

facilities, to correct the referenced

citations to performance standards for

roads, conveyors, or road systems;

C.R.S. 34–33–2.06.2(3), concerning

experimental practices, to require the

approval of the Director of OSM as the

authorized representative of the

Secretary of the United States

Department of Interior;

C.R.S. 34–33–2.06.6(2)(a)(i),

concerning requirements for permit

applications involving prime farmlands,

to delete language identifying where

referenced material may be viewed;

C.R.S. 34–33–2.08.5(2)(b)(ii),

concerning the right of successive

permit renewal, to require that a copy of

the newspaper notice to be placed in a

local newspaper in accordance with the

requirements of 2.07.3(2) with proof of

publication made a part of the renewal

application not later than 4 weeks after

the last date of publication;

C.R.S. 34–33–2.08.6(6), concerning

transfer, assignment or sale of permit

rights, to require that (1) the Division

shall initially notify the appropriate

parties of its ‘‘proposed’’ decision, (2) if

no informal hearing is requested, the

Division shall issue and implement the

proposed decision as final within 5 days

after the close of the 30 day period

provided for the filing of a request for

a formal hearing, and (3) no permit shall

be transferred until the applicant has

filed a performance bond with the

Division and the Division has approved

it;

C.R.S. 34–33–3.02.4(2)(d)(i),

concerning terms and conditions of an

irrevocable letter of credit, to provide

that the letter of credit may be issued by

a bank not located in the State of

Colorado if the letter is confirmed by a

bank located in the State, or if, at the

Board’s discretion, the letter is

determined to be an acceptable letter of

credit;

C.R.S. 34–33–4.02.2(2) and 4.30.1(3)

and 2(3), concerning signs and markers

and cessation of operations,

respectively, to (1) notify OSM that it

never promulgated previously proposed

and approved language requiring the

mine identification sign to include the

name, address, and telephone number of

the Division office where the mining

and reclamation permit is filed, and (2)

require that as soon as a temporary

cessation extends beyond 30 days or

when operations have permanently

ceased, the operator shall modify the

mine identification sign to include the

name, address, and telephone number of

the Division office where the mining

and reclamation permit is filed, until

such time as the Division terminates

jurisdiction over the surface coal mining

operation;

C.R.S 34–33–4.05.6(6)(a), concerning

performance standards for

sedimentation ponds, to require that a

pond meeting the size criteria of

4.05.6(12) be designed to control, at a

minimum, the probable maximum

precipitation of a 25-year 24-hour event,

rather than a 24-hour event;

C.R.S. 34–33–4.05.6(11)(h),

concerning embankment design for

sedimentation ponds, to correct the

referenced citation for size criteria;

C.R.S. 34–33–5.02.4(1), concerning

availability of records, to require that (1)

all but confidential information be

available to the public at the Division

office and at a convenient place in the

area of mining to which the information

pertains until ‘‘the Division has

terminated jurisdiction at the surface

coal mining operation, pursuant to

3.03.3(1), and (2) after the Division has

terminated jurisdiction, copies of all but

confidential information will be

maintained and available for public

review, or provided promptly by mail at

the request of interested parties, for at

least 5 years after the expiration of the

period during which the subject

operation is active or is covered by any

portion of a reclamation bond,

whichever is later; and

C.R.S. 34–33–5.03.3(5), concerning a

permittee’s failure to abate a violation,

to correct the referenced citation for an

order to show cause.

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. If the amendment is deemed

adequate, it will become part of the

Colorado program.

1. 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 Denver Field Office will

not necessarily be considered in the

final rulemaking or included in the

administrative record.
Federal Register / Vol. 62, No. 49 / Thursday, March 13, 1997 / Proposed Rules 11807

2. 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 March 28, 1997. 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.

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 testify have been heard.

Persons in the audience who have not

been scheduled to testify, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

testify and persons present in the

audience who wish to testify have been

heard.

3. 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 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

1. 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).

2. 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 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.

3. 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)).

4. 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.).

5. 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.

6. 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 906

Intergovernmental relations, Surface

mining, Underground mining.

Dated: March 5, 1997.

Richard J. Seibel,

Regional Director, Western Regional

Coordinating Center.

[FR Doc. 97–6352 Filed 3–12–97; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 914

[SPATS No. IN–128–FOR; Amendment No.

95–6]

Indiana 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 Indiana

regulatory program (hereinafter the

‘‘Indiana program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The proposed

amendment consists of revisions to the

Indiana rules pertaining to

identification of interests, compliance

information, and permit conditions. The

amendment is intended to revise the

Indiana program to be consistent with

the corresponding Federal regulations.

DATES: Written comments must be

received by 4:00 p.m., e.s.t., April 14,

1997. If requested, a public hearing on

the proposed amendment will be held

on April 7, 1997. Requests to speak at

the hearing must be received by 4:00

p.m., e.s.t., on March 28, 1997.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Charles

F. McDaniel, Acting Director,

Indianapolis Field Office, at the address

listed below.

Copies of the Indiana 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

Indianapolis Field Office.

Charles F. McDaniel, Acting Director,

Indianapolis Field Office, Office of

Surface Mining Reclamation and

Enforcement, Minton-Capehart Federal

Building, 575 North Pennsylvania

Street, Room 301, Indianapolis, Indiana