18272 Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Rules and Regulations

The Director approves the rules as

proposed by the Navajo Nation with the

provision that they be fully promulgated

in identical form to the rules submitted

to and reviewed by OSM and the public.

The Federal regulations at 30 CFR

Part 756, codifying decisions concerning

the Navajo Nation plan, are being

amended to implement this decision.

This final rule is being made effective

immediately to expedite the Tribe plan

amendment process and to encourage

Tribes to bring their plans into

conformity with the Federal standards

without undue delay. Consistency of

Tribe and Federal standards is required

by SMCRA.

VI. 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 Tribe or State AMLR

plans and revisions thereof since each

such plan is drafted and promulgated by

a specific Tribe or State, not by OSM.

Decisions on proposed Tribe or State

AMLR plans and revisions thereof

submitted by a Tribe or State are based

on a determination of whether the

submittal meets the requirements of

Title IV of SMCRA (30 U.S.C. 1231–

1243) and the applicable Federal

regulations at 30 CFR Parts 884 and 888.

3. National Environmental Policy Act

No environmental impact statement is

required for this rule since agency

decisions on proposed Tribe or State

AMLR plans and revisions thereof are

categorically excluded from compliance

with the National Environmental Policy

Act (42 U.S.C. 4332) by the Manual of

the Department of the Interior (516 DM

6, appendix 8, paragraph 8.4B(29)).

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 Tribe or State

submittal which is the subject of this

rule is based upon 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 established by

SMCRA or previously promulgated by

OSM will be implemented by the Tribe

or State. In making the determination as

to whether this rule would have a

significant economic impact, the

Department relied upon the data and

assumptions in the analyses for the

corresponding Federal regulations.

6. Unfunded Mandates Reform Act

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or private

sector.

List of Subjects in 30 CFR Part 756

Abandoned mine reclamation

programs, Indian lands, Surface mining,

Underground mining.

Dated: March 24, 1997.

James F. Fulton,

Acting Regional Director, Western Regional

Coordinating Center.

For the reasons set out in the

preamble, Title 30, Chapter VII,

Subchapter E of the Code of Federal

Regulations is amended as set forth

below:

PART 756—INDIAN TRIBE

ABANDONED MINE LAND

RECLAMATION PROGRAMS

1. The authority citation for Part 756

continues to read as follows:

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

L. 100–71.

2. Section 756.14 is amended by

adding paragraph (d) to read as follows:

§ 756.14 Approval of amendments to the

Navajo Nation’s abandoned mine land plan.

* * * * *

(d) Revisions to, additions of, or

deletions of the following rules, as

submitted to OSM on September 3,

1996, are approved effective April 15,

1997.

Section II, E, 1, Project selection,

Sections II, L, 1(e) and (g), Eligible

coal lands and water,

Section II, L, 1(h), Limited liability,

Section II, L, 1(i), Contractor

responsibility,

Section II, L, 1(j), Reports,

Sections II, L, 2(b)(3) and (4), Eligible

noncoal lands and water prior to

certification,

Section II, L, 2(c), Limited liability,

Section II, L, 2(d), Contractor

responsibility,

Section II, L, 2(e), Reports,

Sections II, M, 1(b) and (d), 2, and 2(a)

and (b), Certification of completion of

coal sites,

Sections II, N, 1 and 1(c), Eligible

lands and water subsequent to

certification,

Sections II, P, 1(a) through (c), 2(a)

through (f), and (3), Utilities and other

facilities, and

Section III, E, 1 and 1(a), Future

reclamation set-aside program.

[FR Doc. 97–9703 Filed 4–14–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 706

Certifications and Exemptions Under

the International Regulations for

Preventing Collisions at Sea, 1972

Amendment

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

SUMMARY: The Department of the Navy

is amending its certifications and

exemptions under the International

Regulations for Preventing Collisions at

Sea, 1972 (72 COLREGS), to reflect that

the Deputy Assistant Judge Advocate

General (Admiralty) of the Navy has

determined that USS DUBUQUE (LPD

8) is a vessel of the Navy which, due to

its special construction and purpose,

cannot fully comply with certain

provisions of the 72 COLREGS without

interfering with its special functions as

a naval ship. The intended effect of this

rule is to warn mariners in waters where

72 COLREGS apply.

EFFECTIVE DATE: March 6, 1997.

FOR FURTHER INFORMATION CONTACT:

Captain R. R. Pixa, JAGC, U.S. Navy,

Admiralty Counsel, Office of the Judge

Advocate General, Navy Department,

200 Stovall Street, Alexandria, Virginia,

22332–2400, Telephone Number: (703)

325–9744.

SUPPLEMENTARY INFORMATION: Pursuant

to the authority granted in 33 U.S.C.

1605, the Department of the Navy

amends 32 CFR Part 706. This

amendment provides notice that the

Deputy Assistant Judge Advocate

General (Admiralty) of the Navy, under

authority delegated by the Secretary of
Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Rules and Regulations 18273

the Navy, has certified that USS

DUBUQUE (LPD 8) is a vessel of the

Navy which, due to its special

construction and purpose, cannot fully

comply with the following specific

provisions of 72 COLREGS without

interfering with its special functions as

a naval ship: Annex I, section 2 (a)(i),

pertaining to the height of the forward

masthead light; Annex I, section 2(g),

pertaining to the distance of the

sidelights above the hull; and, Annex I,

section 3(a), pertaining to the horizontal

distance between the forward and after

masthead lights. The Deputy Assistant

Judge Advocate General (Admiralty) of

the Navy has also certified that the

lights involved are located in closest

possible compliance with the applicable

72 COLREGS requirements.

Moreover, it has been determined, in

accordance with 32 CFR Parts 296 and

701, that publication of this amendment

for public comment prior to adoption is

impracticable, unnecessary, and

contrary to public interest since it is

based on technical findings that the

placement of lights on this vessel in a

manner differently from that prescribed

herein will adversely affect the vessel’s

ability to perform its military functions.

List of Subjects in 32 CFR Part 706

Marine safety, Navigation (water), and

Vessels.

Accordingly, 32 CFR Part 706 is

amended as follows:

PART 706—[AMENDED]

1. The authority citation for 32 CFR

Part 706 continues to read as follows:

Authority: 33 U.S.C. 1605.

2. Table One of § 706.2 is amended by

adding, in numerical order, the

following entry for the USS DUBUQUE:

§ 706.2 Certifications of the Secretary of

the Navy Under Executive Order 11964 and

33 U.S.C. 1605.

* * * * *

Vessel Number

Distance in meters of forward masthead light below

minimum required height.

§ 2(a)(i), Annex I

* * * * * * *

USS DUBUQUE ........................................................................................................................................ LPD 8 4.2

* * * * * * *

3. Table Four of § 706.2 is amended by adding the following paragraph:

§ 706.2 Certifications of the Secretary of the Navy Under Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

19. Sidelights on the following ships do not comply with Annex I, Section 2 (g):

Vessel Number

Distance in meters of

sidelights above maximum

allowed height.

* * * * * * *

USS DUBUQUE ........................................................................................................................................ LPD 8 1.2

* * * * * * *

4. Table Five of § 706.2 is amended by adding, in numerical order, the following entry for the USS DUBUQUE:

§ 706.2 Certifications of the Secretary of the Navy Under Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

TABLE FIVE

Vessel No.

Masthead

lights not

over all other

lights and obstructions.

annex I, sec.

2(f)

Forward

masthead

light not in

forward quarter of ship.

annex I, sec.

3(a)

After masthead light

less than 1⁄2

ship’s length

aft of forward

masthead

light. annex I,

sec. 3(a)

Percentage

horizontal

separation

attained.

* * * * * * *

USS DUBUQUE ....................................................................................... LPD 8 N/A N/A X 57

* * * * * * *
18274 Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Rules and Regulations

Dated: March 6, 1997.

Approved:

W. T. Storz,

Commander, JAGC, U.S. Navy, Acting Deputy

Assistant Judge Advocate General

(Admiralty).

[FR Doc. 97–9599 Filed 4–14–97; 8:45 am]

BILLING CODE 3810–FF–P

DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 706

Certifications and Exemptions Under

the International Regulations for

Preventing Collisions at Sea, 1972

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

SUMMARY: The Department of the Navy

is amending its certifications and

exemptions under the International

Regulations for Preventing Collisions at

Sea, 1972 (72 COLREGS), to reflect that

the Deputy Assistant Judge Advocate

General (Admiralty) of the Navy has

determined that USS MAHAN (DDG 72)

is a vessel of the Navy which, due to its

special construction and purpose,

cannot fully comply with certain

provisions of the 72 COLREGS without

interfering with its special function as a

naval ship. The intended effect of this

rule is to warn mariners in waters where

72 COLREGS apply.

EFFECTIVE DATE: March 19, 1997.

FOR FURTHER INFORMATION CONTACT:

Captain R. R. Pixa, JAGC, U.S. Navy,

Admiralty Counsel, Office of the Judge

Advocate General, Navy Department,

200 Stovall Street, Alexandria, VA

22332–2400, Telephone number: (703)

325–9744.

SUPPLEMENTARY INFORMATION: Pursuant

to the authority granted in 33 U.S.C.

1605, the Department of the Navy

amends 32 CFR Part 706. This

amendment provides notice that the

Deputy Assistant Judge Advocate

General (Admiralty) of the Navy, under

authority delegated by the Secretary of

the Navy, has certified that USS

MAHAN (DDG 72) is a vessel of the

Navy which, due to its special

construction and purpose, cannot fully

comply with the following specific

provisions of 72 COLREGS without

interfering with its special function as a

naval ship: Annex I, paragraph 2(f)(i)

pertaining to placement of the masthead

light or lights above and clear of all

other lights and obstructions; Annex I,

paragraph 3(a) pertaining to the location

of the forward masthead light in the

forward quarter of the vessel, and the

horizontal distance between the forward

and after masthead lights; and, Annex I,

paragraph 3(c) pertaining to placement

of task lights not less than two meters

from the fore and aft centerline of the

ship in the athwartship direction. The

Deputy Assistant Judge Advocate

General (Admiralty) has also certified

that the lights involved are located in

closest possible compliance with the

applicable 72 COLREGS requirements.

Moreover, it has been determined, in

accordance with 32 CFR Parts 296 and

701, that publication of this amendment

for public comment prior to adoption is

impracticable, unnecessary, and

contrary to public interest since it is

based on technical findings that the

placement of lights on this vessel in a

manner differently from that prescribed

herein will adversely affect the vessel’s

ability to perform its military functions.

List of Subjects in 32 CFR Part 706

Marine safety, Navigation (water), and

Vessels.

Accordingly, 32 CFR Part 706 is

amended as follows:

PART 706—[AMENDED]

1. The authority citation for 32 CFR

Part 706 continues to read as follows:

Authority: 33 U.S.C. 1605.

2. Table Four, Paragraph 15 of § 706.2

is amended by adding, in numerical

order, the following entry for USS

MAHAN:

§ 706.2 Certifications of the Secretary of

the Navy Under Executive Order 11964 and

33 U.S.C. 1605.

* * * * *

Vessel Number

Horizontal distance from

the fore and aft centerline

of the vessel in the

athwartship direction

* * * * * * *

USS MAHAN ............................................................................................................................................. DDG 72 1.90 meters.

* * * * * * *

3. Table Four, Paragraph 16 of § 706.2 is amended by adding, in numerical order, the following entry for USS

MAHAN:

§ 706.2 Certifications of the Secretary of the Navy Under Executive Order 11964 and 33 U.S.C. 1605.

* * * * *

Vessel Number Obstruction angle relative

ship’s headings

* * * * * * *

USS MAHAN ............................................................................................................................................. DDG 72 102.11 thru 112.50°.

* * * * * * *

4. Table Five of § 706.2 is amended by adding, in numerical order, the following entry for USS MAHAN:

§ 706.2 Certifications of the Secretary of the Navy Under Executive Order 11964 and 33 U.S.C. 1605.

* * * * *