Federal Register / Vol. 63, No. 80 / Monday, April 27, 1998 / Proposed Rules 20561

section and are eligible to be the subject

of a a 30-day notice. A 30-day notice

shall describe in detail the change,

summarize the data or information

supporting the change, and state that the

change has been made in accordance

with the requirements of 21 CFR part

820. The manufacturer may distribute

the device 30 days after the date on

which FDA receives the 30-day notice,

unless FDA notifies the applicant

within 30 days from receipt of the

notice that the notice is not adequate. If

the notice is not adequate, FDA shall

inform the applicant that a 135-day

PMA supplement is needed and shall

describe what further information or

action is required for acceptance of such

change. The number of days under

review as a 30-day notice shall be

deducted from the 135-day PMA

supplement review period if the notice

meets appropriate content requirements

for a PMA supplement.

Dated: March 24, 1998.

William B. Schultz,

Deputy Commissioner for Policy.

[FR Doc. 98–11085 Filed 4–24–98; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 917

[KY–217–FOR]

Kentucky Regulatory Program;

Reopening of Public Comment Period

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; reopening of

public comment period.

SUMMARY: OSM is reopening the public

comment period on a proposed

amendment to the Kentucky regulatory

program (hereinafter the ‘‘Kentucky

program’’) under the Surface Mining

Control and Reclamation Act of 1977

(SMCRA). Kentucky submitted a letter

requesting the removal of an

amendment at 30 CFR 917.17(a) which

required that it maintain a staffing level

of 156 field inspectors and, in the same

letter, provided justification for its

request. The amendment is intended to

revise the Kentucky program to be

consistent with the corresponding

Federal regulations.

DATES: Written comments must be

received by 4:00 p.m., [E.D.T.], May 12,

1998.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to William

J. Kovacic, Director, at the address listed

below.

Copies of the Kentucky 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

Lexington Field Office.

William J. Kovacic, Director, Lexington

Field Office, Office of Surface Mining

Reclamation and Enforcement, 2675

Regency Road, Lexington, Kentucky

40503, Telephone: (606) 233–2494

Department of Surface Mining

Reclamation and Enforcement, 2

Hudson Hollow Complex, Frankfort,

Kentucky 40601, Telephone: (502)

564–6940.

FOR FURTHER INFORMATION CONTACT:

William J. Kovacic, Director, Lexington

Field Office, Telephone: (606) 233–

2494.

SUPPLEMENTARY INFORMATION:

I. Background on the Kentucky

Program

On May 18, 1982, the Secretary of the

Interior conditionally approved the

Kentucky program. Background

information on the Kentucky program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the May 18, 1982, Federal Register (47

FR 21404). Subsequent actions

concerning the conditions of approval

and program amendments can be found

at 30 CFR 917.11, 917.13, 917.15,

917.16, and 917.17.

II. Description of the Proposed

Amendment

By letter dated November 3, 1997

(Administrative Record No. KY–1418),

Kentucky submitted a proposed

amendment to its program requesting

the removal of an amendment at 30 CFR

917.17(a) requiring that Kentucky

maintain a staffing level of 156 field

inspectors. In the same letter, Kentucky

provided the following justification for

its request:

1. Field inspector staffing levels are

no longer based on 1984 inspection

numbers and budgetary needs.

2. A study performed during the

National Wildlife Federation Settlement

Agreement determined that a cap of 24

inspectable units per field inspector

should be established.

3. OSM has accepted the limits set by

the study in determining inspection

staff levels as indicated by the approval

of Title V administrative and

enforcement grants.

4. OSM’s annual reports indicate that

Kentucky’s Title V regulatory program

consistently meets high inspection

frequency levels.

Kentucky also maintains that using a

fixed number of field inspectors fails to

provide the latitude necessary to adapt

its inspection force to changing

conditions in the coal industry. Further,

the number of inspectors Kentucky

maintains is based on the current and

ever-changing number of inspectable

units.

The proposed amendment was

announced in the December 10, 1997,

Federal Register (62 FR 65044). The

notice did not clarify that Kentucky

submitted documents that provide

evidence that it has sufficient inspection

and enforcement staffing levels to

regulate mining in accordance with

SMCRA. Those documents are:

‘‘Historical Information on Kentucky’s

Surface Mining Primacy Program,’’

complied by Kentucky, July 1997

(Administrative Record No. KY–1418);

‘‘Review of Current Staffing and

Funding Levels,’’ prepared by the OSM

Lexington Field Office, December 1997

(Administrative Record No. KY–1420);

and ‘‘Inspection Resources Study,’’

prepared by OSM and Kentucky, August

1989 (Administrative Record No. KY–

1418).

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

Kentucky program.

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 Lexington Field Office

will not necessarily be considered in the

final rulemaking or included in 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).
20562 Federal Register / Vol. 63, No. 80 / Monday, April 27, 1998 / Proposed Rules

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

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.

3501 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 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.

List of Subjects in 30 CFR Part 917

Intergovernmenal relations, Surface

mining, Underground mining.

Dated: April 16, 1998.

Allen D. Klein,

Regional Director, Appalachian Regional

Coordinating Center.

[FR Doc. 98–11072 Filed 4–24–98; 8:45 am]

BILLING CODE 4310–05–M

ARCHITECTURAL AND

TRANSPORTATION BARRIERS

COMPLIANCE BOARD

36 CFR Parts 1190 and 1191

Accessibility Guidelines for Outdoor

Developed Areas; Meeting of

Regulatory Negotiation Committee

AGENCY: Architectural and

Transportation Barriers Compliance

Board.

ACTION: Regulatory negotiation

committee meeting.

SUMMARY: The Architectural and

Transportation Barriers Compliance

Board (Access Board) has established a

regulatory negotiation committee to

develop a proposed rule on accessibility

guidelines for newly constructed and

altered outdoor developed areas covered

by the Americans with Disabilities Act

and the Architectural Barriers Act. This

document announces the dates, times,

and location of the next meeting of the

committee, which is open to the public.

DATES: The committee will meet on:

Monday, May 18, 1998, 8:30 a.m. to 5:00

p.m.; Tuesday, May 19, 1998, 8:30 a.m.

to 5:00 p.m.; Wednesday, May 20, 1998,

8:30 a.m. to 5:00 p.m.; and Thursday,

May 21, 1998, 8:30 a.m. to 3:00 p.m.

ADDRESSES: The committee will meet at

the National Center on Accessibility,

Bradford Woods, Griffith Hall, 5020

State Road 67 North, Martinsville,

Indiana.

FOR FURTHER INFORMATION CONTACT:

Peggy Greenwell, Office of Technical

and Information Services, Architectural

and Transportation Barriers Compliance

Board, 1331 F Street, NW., suite 1000,

Washington, DC, 20004–1111.

Telephone number (202) 272–5434

extension 34 (Voice); (202) 272–5449

(TTY). This document is available in

alternate formats (cassette tape, braille,

large print, or computer disc) upon

request. This document is also available

on the Board’s web site (http://

www.access-board.gov/rules/

outdoor.htm).

SUPPLEMENTARY INFORMATION: In June

1997, the Access Board established a

regulatory negotiation committee to

develop a proposed rule on accessibility

guidelines for newly constructed and

altered outdoor developed areas,

including trails, camping and picnic

areas, and beaches, covered by the

Americans with Disabilities Act and the

Architectural Barriers Act. (62 FR

30546, June 4, 1997). The committee

will hold its next meeting on the dates

and at the location announced above.

The meeting is open to the public. The

meeting site is accessible to individuals

with disabilities. Individuals with

hearing impairments who require sign

language interpreters should contact

Peggy Greenwell by May 8, 1998, by

calling (202) 272–5434 extension 34

(voice) or (202) 272–5449 (TTY).

Lawrence W. Roffee,

Executive Director.

[FR Doc. 98–11047 Filed 4–24–98; 8:45 am]

BILLING CODE 8150–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 98–52, RM–9239]

Radio Broadcasting Services; Hague,

NY, Addison, VT

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by John

Anthony Bulmer requesting the

substitution of Channel 229C3 for

Channel 229A at Hague, NY, the

reallotment of Channel 229C3 to

Addison, VT, as the community’s first

local aural service, and the modification

of his construction permit for Station

WWFY to specify Addison as its

community of license. Channel 229C3

can be allotted to Addison, Vermont, in

compliance with the Commission’s

minimum distance separation

requirements, with respect to all

domestic allotments, with a site

restriction of 14.2 kilometers (8.8 miles)

west, at coordinates 44–02–30 North

Latitude; 73–28–00 West Longitude, to

accommodate petitioner’s desired

transmitter site. The allotment will

result in a short-spacing to Station CBMFM, Channel 228C1, Montreal, Quebec,

Canada. Therefore, since Addison is

located within 320 kilometers (200