16490 Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Rules and Regulations

Executive Order 12866

It has been determined that this

regulation is not a significant regulatory

action as defined by Executive Order

12866. Accordingly, this final rule is not

subject to the analysis required by this

Executive Order.

Drafting Information

The principal author of this document

is Thomas Busey, Wine, Beer and

Spirits Regulations Branch, Bureau of

Alcohol, Tobacco and Firearms.

List of Subjects in 27 CFR Part 4

Advertising, consumer protection,

Customs duties and inspections,

Imports, Labeling, Packaging and

containers, Wine.

Authority and Issuance

Accordingly, 27 CFR Part 4, Labeling

and Advertising of Wine, is amended as

follows:

Paragraph 1. The authority citation for Part

4 continues to read as follows:

Authority: 27 U.S.C. 205.

Par. 2. Section 4.28 is amended by adding

a new paragraph (e) to read as follows:

§ 4.28 Type designations of varietal

significance.

* * * * *

(e)(1) Gamay Beaujolais. An American

wine which derives at least 75 percent

of its volume from Pinot noir grapes,

Valdiguie ́ grapes, or a combination of

both.

(2) For wines bottled on or after

January 1, 1999, and prior to [10 years

from date of publication], the name

‘‘Gamay Beaujolais’’ may be used as a

type designation only if there appears in

direct conjunction therewith, but on a

separate line and separated by the

required appellation of origin, the

name(s) of the grape variety or varieties

used to satisfy the requirements of

paragraph (e)(1) of this section. Where

two varietal names are listed, they shall

appear on the same line, in order of

predominance. The appellation of origin

shall appear either on a separate line

between the name ‘‘Gamay Beaujolais’’

and the grape variety name(s) or on the

same line as the grape variety name(s)

in a manner that qualifies the grape

variety name(s). The following

statement shall also appear on the brand

or back label: ‘‘Gamay Beaujolais is

made from at least 75 percent Pinot noir

and/or Valdiguie ́ grapes.’’

(3) The designation ‘‘Gamay

Beaujolais’’ may not be used on labels

of American wines bottled on or after

April 9, 2007.

Signed: February 21, 1997.

John W. Magaw,

Director.

Approved:

Dennis M. O’Connell,

Acting Deputy Assistant Secretary

(Regulatory, Tariff & Trade Enforcement).

[FR Doc. 97–8808 Filed 4–4–97; 8:45 am]

BILLING CODE 4810–31–U

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 915

[SPATS No. IA–009–FOR]

Iowa Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: OSM is approving a proposed

amendment to the Iowa regulatory

program (hereinafter referred to as the

‘‘Iowa program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). Iowa proposed revisions

to its rules pertaining to the prompt

repair or compensation for material

damage caused by subsidence to noncommercial buildings and occupied

residential dwellings and related

structures and the replacement of

drinking, domestic and residential water

supplies that have been adversely

impacted by underground coal mining

operations. The amendment is intended

to revise the Iowa program to be

consistent with the corresponding

Federal regulations.

EFFECTIVE DATE: April 7, 1997.

FOR FURTHER INFORMATION CONTACT:

Michael C. Wolfrom, Regulatory

Program Specialist, Office of Surface

Mining, Mid-Continent Regional

Coordinating Center, Alton Federal

Building, 501 Belle Street, Alton,

Illinois 62002. Telephone: (618) 463–

6460.

SUPPLEMENTARY INFORMATION:

I. Background on the Iowa Program

II. Submission of the Program Amendment

III. Director’s Findings

IV. Summary and Disposition of Comments

V. Director’s Decision

VI. Procedural Determinations

I. Background on the Iowa Program

On January 21, 1981, the Secretary of

Interior conditionally approved the

Iowa program, effective April 10, 1981.

General background information on the

Iowa program, including the Secretary’s

findings, the disposition of comments,

and the conditions of approval of the

Iowa program can be found in the

January 21, 1981, Federal Register (46

FR 5885). Subsequent actions

concerning Iowa’s program and program

amendments can be found at 30 CFR

915.10, 915.15, and 915.16.

II. Submission of the Proposed

Amendment

By letter dated December 4, 1996

(Administrative Record No. IA–424),

and pursuant to SMCRA, Iowa

submitted a proposed amendment. The

amendment was in response to a May

20, 1996, letter (Administrative Record

No. IA–420) that OSM sent to the State

in accordance with 30 CFR 732.17(c).

OSM announced receipt of the

proposed amendment in the December

26, 1996, Federal Register (61 FR

67967), and in the same document

opened the public comment period and

provided an opportunity for a public

hearing on the adequacy of the proposed

amendment. The public comment

period closed on January 27, 1997.

During its review of the amendment,

OSM identified concerns relating to

Iowa Administrative Code (IAC)

40.4(10), Definitions for ‘‘material

damage’’ and ‘‘occupied residential

dwelling and structures related thereto’’;

IAC 40.38(3)(a), Pre-subsidence survey;

IAC 40.38(3)(b), Subsidence control

plan; IAC 40.64(7), Repair of damage;

and IAC 40.64(8), Drinking, domestic, or

residential water supply. OSM notified

Iowa of these concerns by telephone

facsimile (fax) on January 10, 1997

(Administrative Record No. IA–431),

and by telephone on February 20, 1997

(Administrative Record No. IA–434).

By letters dated February 3 and 24,

1997 (Administrative Record Nos. IA–

430 and IA–433, respectively), Iowa

responded to OSM’s concerns by

submitting additional explanatory

information and/or revisions to its

proposed program amendment.

Iowa proposed additional revisions to

IAC 40.4(10), Definitions for ‘‘material

damage’’ and ‘‘occupied residential

dwelling and structures related thereto’’;

IAC 40.38(3)(a), Pre-subsidence survey;

IAC 40.38(3)(b), Subsidence control

plan; IAC 40.64(7), Repair of damage;

and IAC 40.64(8), Drinking, regulation,

IAC 40.64(9), pertaining to subsidence

control. These additional revisions

concerned the correction of citation

references, cross-references, and

typographical errors. Therefore, the

public comment period was not

reopened.
Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Rules and Regulations 16491

III. Director’s Findings

Set forth below, pursuant to SMCRA

and the Federal regulations at 30 CFR

732.15 and 732.17, are the Director’s

findings concerning the proposed

amendment.

Revisions not specifically discussed

below concern nonsubstantive wording

changes, or revised cross-references and

paragraph notations to reflect

organizational changes resulting from

this amendment.

Topic State regulations Federal counterpart

regulations

Definitions:

‘‘Drinking, domestic or residential water supply,’’ ‘‘Material damage,’’ ‘‘Non-commercial

building,’’ ‘‘Occupied residential dwelling and structures related thereto,’’ and ‘‘Replacement of water supply’’.

IAC 40.4(10) .............. 30 CFR 701.5.

Hydrologic information:

Probable hydrologic consequences determination ................................................................... IAC 40.38(2) .............. 30 CFR

784.14(e)(3)(iv).

Subsidence control plan ................................................................................................................... IAC 40.38(3) .............. 30 CFR 784.20.

Subsidence control:

Measures to prevent or minimize damage ............................................................................... IAC 40.64(6) .............. 30 CFR 817.121(a).

Subsidence control:

Repair of damage ..................................................................................................................... IAC 40.64(7) .............. 30 CFR 817.121(c).

Drinking, domestic, or residential water supply ............................................................................... IAC 40.64(8) .............. 30 CFR 817.41(j).

Subsidence control ........................................................................................................................... IAC 40.64(9) .............. 30 CFR 817.121(b).

Because the above proposed revisions

are identical in meaning to the

corresponding Federal regulations, the

Director finds that Iowa’s proposed

rules are no less effective than the

Federal rules and is approving them.

The Director notes that the word

‘‘reasonable’’ at IAC 40.64(7)(c)(4)(v)

should be ‘‘reasonably,’’ and he is

requiring Iowa to correct this spelling

error before the final rule is

promulgated.

IV. Summary and Disposition of

Comments

Public Comments

The Director solicited public

comments and provided an opportunity

for a public hearing on the proposed

amendment. No public comments were

received, and because no one requested

an opportunity to speak at a public

hearing, no hearing was held.

Federal Agency Comments

Pursuant to 30 CFR 732.17(h)(11)(i),

the Director solicited comments on the

proposed amendment from various

Federal agencies with an actual or

potential interest in the Iowa program.

OSM received only two comments; one

from the U.S. Army Corps of Engineers

and the other from the U.S. Department

of Labor, Mine Safety and Health

Administration (Administrative Record

Nos. IA–426 and IA–427, respectively).

The U.S. Army Corps of Engineers

responded that the changes in the

State’s program were satisfactory. The

U.S. Department of Labor, Mine Safety

and Health Administration responded

that it had no comments regarding the

proposed rule.

Environmental Protection Agency (EPA)

Pursuant to 30 CFR 732.17(h)(11)(ii),

OSM is required to obtain the written

concurrence of the EPA with respect to

those provisions of the proposed

program amendment that relate to air or

water quality standards promulgated

under the authority of the Clean Water

Act (33 U.S.C. 1251 et seq.) or the Clean

Air Act (42 U.S.C. 7401 et seq.)

None of the revisions that Iowa

proposed to make in this amendment

pertain to air or water quality standards.

Therefore, OSM did not request EPA’s

concurrence.

Pursuant to 732.17(h)(11)(i), OSM

solicited comments on the proposed

amendment from EPA (Administrative

Record No. IA–425). EPA did not

respond to OSM’s request.

State Historical Preservation Officer

(SHPO) and the Advisory Council on

Historic Preservation (ACHP)

Pursuant to 30 CFR 732.17(h)(4), OSM

is required to solicit comments on

proposed amendments which may have

an effect on historic properties from the

SHPO and ACHP. OSM solicited

comments on the proposed amendment

from the SHPO and ACHP

(Administrative Record No. IA–425).

Neither SHPO nor ACHP responded to

OSM’s request.

V. Director’s Decision

Based on the above findings, the

Director approves the proposed

amendment as submitted by Iowa on

December 4, 1996, and as revised on

February 3 and 24, 1997.

The Director approves the rules as

proposed by Iowa with the provision

that they be fully promulgated in

identical form to the rules submitted to

the reviewed by OSM and the public.

As discussed in III. Director’s

Findings, the Director is requiring Iowa

to correct the aforementioned spelling

error before the State promulgates the

final rule.

The Federal regulations at 30 CFR

Part 915, codifying decisions concerning

the Iowa program, are being amended to

implement this decision. This final rule

is being made effective immediately to

expedite the State program amendment

process and to encourage States to bring

their programs into conformity with the

Federal standards without undue delay.

Consistency of State and Federal

standards is required by SMCRA.

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
16492 Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Rules and Regulations

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 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 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

corresponding 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.

List of Subjects in 30 CFR Part 915

Intergovernmental relations, Surface

mining, Underground mining.

Dated: March 20, 1997.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

For the reasons set out in the

preamble, 30 CFR Part 915 is amended

as set forth below:

PART 915—IOWA

1. The authority citation for Part 915

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 915.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of Final

Publication’’ to read as follows:

§ 915.15 Approval of Iowa regulatory

program amendments.

* * * * *

Original

amendment

submission

date

Date of final

publication

Citation/description

* * * * *

December 4,

1996.

April 7, 1997 IAC 40.4(10);

.38 (2) and

(3); 64 (6)

through

(9).

[FR Doc. 97–8788 Filed 4–4–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 155

Oil or Hazardous Material Pollution

Prevention Regulations for Vessels

CFR Correction

In Title 33 of the Code of Federal

Regulations, parts 125 to 199, revised as

of July 1, 1996, page 414, Table 3 in

Appendix B to part 155 is corrected by

adding brackets and an asterisk around

the number 5 in the column entitled ‘‘%

Recovered Floating oil’’, under the

categories ‘‘Offshore’’ and ‘‘6 days’’ for

the entry Non-persistent oils.

BILLING CODE 1505-01-D

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 9

[FRL–5807–2]

OMB Approval Numbers Under the

Paperwork Reduction Act

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Technical amendment.

SUMMARY: In compliance with the

Paperwork Reduction Act, this

document displays the Office of

Management and Budget (OMB) control

numbers issued under the Paperwork

Reduction Act (PRA) for part 258—

Criteria for Municipal Solid Waste

Landfills.

EFFECTIVE DATE: April 7, 1997.

FOR FURTHER INFORMATION CONTACT:

Allen J. Geswein, (703) 308–7261.

SUPPLEMENTARY INFORMATION: EPA is

today amending the table of currently

approved information collection request

(ICR) control numbers issued by OMB

for various regulations. Today’s

amendment updates the table to

accurately display those information

requirements promulgated under the

Criteria for Municipal Solid Waste

Landfills which appeared in the Federal

Register on October 9, 1991 (56 FR

51016). The affected regulations are

codified at 40 CFR part 258. EPA will

continue to present OMB control

numbers in a consolidated table format

to be codified in 40 CFR part 9 of the

Agency’s regulations, and in each CFR

volume containing EPA regulations. The

table lists the section numbers with

reporting and recordkeeping

requirements, and the current OMB

control numbers. This display of the

OMB control number and its subsequent

codification in the Code of Federal

Regulations satisfies the requirements of

the Paperwork Reduction Act (44 U.S.C.

3501 et seq.) and OMB’s implementing

regulations at 5 CFR 1320.

This ICR was previously subject to

public notice and comment prior to

OMB approval. As a result, EPA finds

that there is ‘‘good cause’’ under section

553 (b)(B) and (d)(3) of the

Administrative Procedure Act (5 U.S.C.

553 (b)(B) and (d)(3)) to amend this table

without prior notice and comment. Due

to the technical nature of the table,

further notice and comment would be

unnecessary.

List of Subjects in 40 CFR Part 9

Environmental protection, Reporting

and recordkeeping requirements.

Dated: March 28, 1997.

Timothy Fields, Jr.,

Acting Assistant Administrator, Office of

Solid Waste and Emergency Response.

For the reasons set out in the

preamble 40 CFR part 9 is amended as

follows:

1. The authority citation for part 9

continues to read as follows:

Authority: 7 U.S.C. 135 et seq., 136–136y;

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321,

1326, 1330, 1344, 1345 (d) and (e), 1361; E.O.

11735, 38 FR 21243, 3 CFR, 1971–1975

Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246,

300f, 300g, 300g–1, 300g–2, 300g–3, 300g–4,

300g–5, 300g–6, 300j–1, 300j–2, 300j–3, 300j–