Federal Register / Vol. 63, No. 82 /Wednesday, April 29, 1998 / Proposed Rules 23407

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 935

Intergovernmental relations, Surface

mining, Underground mining.

Dated: April 21, 1998.

Michael K. Robinson,

Acting Regional Director, Appalachian

Regional Coordinating Center.

[FR Doc. 98–11281 Filed 4–28–98; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 943

[SPATS No. TX–035–FOR]

Texas Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; reopening and

extension of public comment period on

proposed amendment.

SUMMARY: OSM is announcing receipt of

revisions pertaining to a previously

proposed amendment to the Texas

regulatory program (hereinafter referred

to as the ‘‘Texas program’’) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

revisions for Texas’ proposed

regulations pertain to terms and

conditions of the bond, release of

performance bond, backfilling and

grading, and prime farmland.

The amendment is intended to revise

the Texas program to be consistent with

the corresponding Federal regulations.

DATES: Written comments must be

received by 4:00 p.m., c.d.t., May 14,

1998.

ADDRESSES: Written comments should

be mailed or hand delivered to Michael

C. Wolfrom, Director, Tulsa Field Office

at the address listed below.

Copies of the Texas 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 Tulsa Field Office.

Michael C. Wolfrom, Director, Tulsa

Field Office, Office of Surface Mining

Reclamation and Enforcement, 5100

East Skelly Drive, Suite 470, Tulsa,

Oklahoma 74135–6547, Telephone:

(918) 581–6430.

Surface Mining and Reclamation

Division, Railroad Commission of

Texas, 1701 North Congress Avenue,

P.O. Box 12967, Austin, Texas 78711–

2967, Telephone: (512) 463–6900.

FOR FURTHER INFORMATION CONTACT:

Michael C. Wolfrom, Director, Tulsa

Field Office, Telephone: (918) 581–

6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Texas Program

II. Discussion of the Proposed Amendment

III. Public Comment Procedures

IV. Procedural Determinations

I. Background on the Texas Program

On February 16, 1980, The Secretary

of the Interior conditionally approved

the Texas program. General background

information on the Texas program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the February 27, 1980, Federal Register

(45 FR 12998). Subsequent actions

concerning the Texas program can be

found at 30 CFR 943.10, 943.15, and

943.16.

II. Discussion of the Proposed

Amendment

By letter dated December 1, 1997

(Administrative Record No. TX–644),

Texas submitted a proposed amendment

to its program pursuant to SMCRA.

Texas submitted the proposed

amendment in response to a June 17,

1997, letter (Administrative Record No.

640) that OSM sent to Texas in

accordance with 30 CFR 732.17(c).

Texas proposed to amend Chapter 12 of

the Texas Administrative Code (TAC).

OSM announced receipt of the

proposed amendment in the December

29, 1997, Federal Register (62 FR

67598) and invited public comment on

its adequacy. The public comment

period ended January 28, 1998.

During its review of the amendment,

OSM identified concerns relating to

release of performance bond and

backfilling and grading. OSM notified

Texas of the concerns by letter dated

February 12, 1998 (Administrative

Record No. TX–644.06). Texas

responded in a letter dated March 6,

1998 (Administrative Record No. TX–

644.07), by submitting the following

revisions to its proposed amendment:

1. § 12.309, Terms and Conditions of

the Bond. Texas proposed the following

new provision at §12.309(1):

Persons with an interest in collateral

posted as a bond, and who desire notification

of actions pursuant to the bond, shall request

the notification in writing to the Commission

at the time collateral is offered.

2. § 12.312, Procedure for Seeking

Release of Performance Bond. at

§ 12.312(b)(2), Texas proposed to

replace citation references to

‘‘§ 12.313(c)’’ with citation references to

‘‘§ 12.313(d).’’

3. § 12.387, Backfilling and Grading—

This Overburden. Texas revised its

proposal at § 12.387(2) to require the

permittee to meet the requirements of

§§ 12.385 and 12.386 (relating to

Backfilling and Grading: General

Requirements, and to Backfilling and

Grading: Covering Coal and Acid- and

Toxic-Forming Materials). Texas

previously proposed only to require the

permittee to meet the requirements of

§ 12.385.

4. § 12.388, Backfilling and Grading—

Thick Overburden. Texas revised its

proposal at § 12.388(2) to require the

permittee to meet the requirements of

§§ 12.385 and 12.386 (relating to

Backfilling and Grading: General

Requirements, and to Backfilling and

Grading: Covering Coal and Acid-and

Toxic-Forming Materials). Texas

previously proposed only to require the

permittee to meet the requirements of

§ 12.385.

5. 12.620, Prime Farmland—

Applicability and Special Requirements.

Texas withdrew the previously

proposed revisions to this section of its

regulations.

III. Public Comment Procedures

OSM is reopening the comment

period on the proposed Texas program

amendment to provide the public an

opportunity to reconsider the adequacy

of the proposed amendment in light of

the additional materials submitted. 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

Texas 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 Tulsa Field Office will

not necessarily be considered in the

final rulemaking or included in the

Administrative Record.
23408 Federal Register / Vol. 63, No. 82 /Wednesday, April 29, 1998 / Proposed Rules

IV. Procedural Determinations

Executive Order 12866

This proposed 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

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 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

OSM has determined and certifies

pursuant to the Unfunded Mandates

Reform Act (2 U.S.C. 1502 et seq.) that

this rule will not impose a cost of $100

million or more in any given year on

local, state, or tribal governments or

private entities.

List of Subjects in 30 CFR Part 943

Intergovernmental relations, Surface

mining, Underground mining.

Dated: April 20, 1998.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

[FR Doc. 98–11282 Filed 4–28–98; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF DEFENSE

DEPARTMENT OF TRANSPORTATION

Coast Guard

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AH76

Claims and Effective Dates for the

Award of Educational Assistance

AGENCIES: Department of Defense,

Department of Transportation (Coast

Guard), and Department of Veterans

Affairs.

ACTION: Proposed rule.

SUMMARY: This document proposes to

amend the educational assistance and

educational benefit regulations of the

Department of Veterans Affairs (VA). It

proposes a standard for determining

what constitutes a formal claim, an

informal claim, and an abandoned claim

that can be applied uniformly to the

educational assistance programs VA

administers. In addition, it proposes less

restrictive effective dates for awards of

educational assistance; proposes

uniform time limits for acting to

complete claims; and proposes to state

VA’s responsibilities when a claim is

filed. It appears that this rule will result

in a more uniform adjudication of

claims for educational assistance under

each of the education programs VA

administers.

DATES: Comments must be received on

or before June 29, 1998.

ADDRESSES: Mail or hand deliver written

comments to Director, Office of

Regulations Management (02D),

Department of Veterans Affairs, 810

Vermont Avenue NW., Room 1154,

Washington, DC 20420. Comments

should indicate that they are submitted

in response to ‘‘RIN 2900–AH76.’’ All

written comments received will be

available for public inspection at the

above address in the Office of

Regulations Management, Room 1158,

between the hours of 8 a.m. and 4:30

p.m., Monday through Friday (except

holidays).

Comments on the collection of

information contained in this proposal

should be submitted to the Office of

Management and Budget, Attention:

Desk Officer for the Department of

Veterans Affairs, Office of Information

and Regulatory Affairs, Washington, DC

20503, with copies mailed or hand

delivered to the Director, Office of

Regulations Management (02D),

Department of Veterans Affairs, 810

Vermont Avenue NW., Room 1154,

Washington, DC 20420. Comments

should indicate that they are submitted

in response to ‘‘RIN 2900–AH76.’’ All

written comments to VA will be

available for public inspection at the

above address in the Office of

Regulations Management, Room 1158,

between the hours of 8 a.m. and 4:30

p.m., Monday through Friday (except

holidays).

FOR FURTHER INFORMATION CONTACT:

William G. Susling, Jr., Education

Adviser, Education Service (225C),

Veterans Benefits Administration, (202)

273–7187.

SUPPLEMENTARY INFORMATION:

Regulations concerning VAadministered educational assistance and

educational benefits are contained in 38

CFR Part 21. Rules governing time limits

for filing claims or completing claims

are contained in subparts B, C, G, H, K,

and L. Each rule is applicable to one of

the educational programs VA

administers. Although there is no

statutory reason why the rules could not

be identical, they are not. This proposed

rule would put one set of regulations

concerning time limits in subpart B and

apply them to all the educational

programs VA administers. This would

result in the following changes.

Regulations governing the PostVietnam Era Veterans’ Educational

Assistance Program (VEAP) do not

permit extension of time limits to act to

perfect a claim or to challenge an