Federal Register / Vol. 63, No. 82 /Wednesday, April 29, 1998 / Proposed Rules 23403

turboshaft engine. Should Turbomeca

S.A., of Bordes, France, apply at a later

date for a change to the type certificate

to include another model incorporating

the same or novel or unusual design

feature, the special conditions would

apply to that model as well under the

provisions of 14 CFR 21.101(a)(1).

Conclusion

This action affects only certain novel

or unusual design features on one model

of engines. It is not a rule of general

applicability and it affects only the

applicant who applied to the FAA for

approval of these features on the engine.

List of Subjects in 14 CFR Part 33

Air Transportation, Aircraft, Aviation

safety, Safety.

The authority citations for these

special conditions is as follows:

Authority: 49 U.S.C. App. 1354(a), 1421,

1423; 49 U.S.C. 106(g).

The Proposed Special Conditions

Accordingly, the Federal Aviation

Administration (FAA) proposes the

following special conditions as part of

the type certification basis for the

Turbomeca S.A., Model Arriel 2S1

turboshaft engine:

Section 33.4, Instructions for Continued

Airworthiness

(a) In addition to the requirements of

§ 33.4, the procedures must:

(1) Ensure that the engine

deterioration in service will not exceed

the level shown in certification using

the rated 30-minute rating.

(2) Be included in the airworthiness

limitations section of the Instructions

for Continued Airworthiness.

Section 33.7, Engine Ratings and

Operating Limitations

(a) In addition to the ratings provided

in § 33.7, a ‘‘Rated 30-minute power’’

rating is available, which shall be

defined as the approved brake

horsepower developed under static

conditions at specified altitudes and

temperatures within the operating

limitations established under part 33 of

this chapter, and limited in use to

periods of not over 30 minutes each.

Section 33.87, Endurance Test.

(a) Unless already accomplished

under § 33.87(d), in addition to the

requirements of § 33.87, the following

test must be conducted:

Rated 30-minute power. Thirty

minutes at rated 30-minute power

during the twenty -five 6-hour

endurance test cycles.

Issued in Burlington, Massachusetts on

April 21, 1998.

Jay J. Pardee,

Manager, Engine and Propeller Directorate,

Aircraft Certification Service.

[FR Doc. 98–11337 Filed 4–28–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 901

[SPATS No. AL–065–FOR]

Alabama 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 Alabama

regulatory program (hereinafter the

‘‘Alabama program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The proposed

amendment consists of revisions to and

additions of statutes pertaining to the

small operator assistance program

(SOAP), the repair of homes and other

structures materially damaged by

underground coal mining, and the

replacement of affected water supplies.

The amendment is intended to revise

the Alabama program to be consistent

with SMCRA.

This document sets forth the times

and locations that the Alabama program

and proposed amendment to that

program are available for public

inspection, the comment period during

which interested persons may submit

written comments on the proposed

amendment, and the procedures that

will be followed regarding the public

hearing, if one is requested.

DATES: Written comments must be

received by 4:00 p.m., c.d.t., May 29,

1998. If requested, a public hearing on

the proposed amendment will be held

on May 26, 1998. Requests to speak at

the hearing must be received by 4:00

p.m., c.d.t. on May 14, 1998.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Arthur

Abbs, Director, Birmingham Field

Office, at the address listed below.

Copies of the Alabama 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

Birmingham Field Office.

Arthur Abbs, Director, Birmingham

Field Office, Office of Surface Mining

Reclamation and Enforcement, 135

Gemini Circle, Suite 215, Homewood,

Alabama 35209, Telephone: (205)

290–7282.

Alabama Surface Mining Commission,

1811 Second Avenue, P.O. Box 2390,

Jasper, Alabama 35502–2390,

Telephone (205) 221–4130.

FOR FURTHER INFORMATION CONTACT:

Arthur Abbs, Director, Birmingham

Field Office, Telephone: (205) 290–

7282.

SUPPLEMENTARY INFORMATION:

I. Background on the Alabama Program

On May 20, 1982, the Secretary of the

Interior conditionally approved the

Alabama program. Background

information on the Alabama program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the May 20, 1982, Federal Register (47

FR 22062). Subsequent actions

concerning the conditions of approval

and program amendments can be found

at 30 CFR 901.15 and 901.16.

II. Description of the Proposed

Amendment

By letter dated April 14, 1998

(Administrative Record No. AL–5079),

Alabama submitted a proposed

amendment to its program pursuant to

SMCRA. Alabama submitted the

proposed amendment in response to a

May 20, 1996, letter (Administrative

Record No. AL–0555) and a June 17,

1997, letter (Administrative Record No.

AL–0568) that OSM sent to Alabama in

accordance with 30 CFR 732.17(c).

Alabama proposes to amend the

Alabama Surface Mining Control and

Reclamation Act. The full text of the

proposed program amendment

submitted by Alabama is available for

public inspection at the locations listed

above under ADDRESSES. A brief

discussion of the proposed amendment

is presented below.

A. Section 9–16–82. Permits; Fee

1. Alabama proposes to revise

paragraph (c) to read as follows:

(C)(1) If the regulatory authority finds that

the probable total annual production at all

locations of any surface coal mining operator

will not exceed 300,000 tons, the cost of the
23404 Federal Register / Vol. 63, No. 82 /Wednesday, April 29, 1998 / Proposed Rules

following activities, which shall be

performed by a qualified public or private

laboratory or such other public or private

qualified entity designated by the regulatory

authority, shall be assumed by the regulatory

authority upon the written request of the

operator in connection with a permit

application, provided that funds are made

available to the regulatory authority for such

purposes by the Secretary of the U.S.

Department of Interior.

(A) The determination of probable

hydrologic consequences required by

subsection (b)(10), including the engineering

analyses and designs necessary for the

determination.

(B) The development of cross-section maps

and plans required by subsection (b)(13).

(C) The geologic drilling and statement of

results of test borings and core samplings

required by subsection (b)(14).

(D) The collection of archaeological

information required by subsection (b)(12)

and any other archaeological and historical

information required by the regulatory

authority, and the preparation of plans

necessitated thereby.

(E) Pre-blast surveys required by

subsection 9–16–90(b)(15)e.

(F) The collection of site-specific resource

information and production of protection and

enhancement plans for fish and wildlife

habitats and other environmental values

required by the regulatory authority under

this Act.

(2) The regulatory authority shall provide

or assume the cost of training coal operators

that meet the qualifications stated in

paragraph (1) concerning the preparation of

permit applications and compliance with the

regulatory program, and shall ensure that

qualified coal operators are aware of the

assistance available under this subsection;

provided that funds for such purposes are

made available to the regulatory authority by

the Secretary of the U.S. Department of

Interior.

2. Alabama proposes to add new

paragraph (h) to read as follows:

(h) A coal operator that has received

assistance pursuant to subsection (c)(1) or (2)

shall reimburse the regulatory authority for

the cost of the services rendered if the

program administrator finds that the

operator’s actual and attributed annual

production of coal for all locations exceeds

300,000 tons during the 12 months

immediately following the date on which the

operator is issued the surface coal mining

and reclamation permit.

B. Section 9–16–91. Underground Coal

Mining; Effects on Surface

Alabama proposes to add new

paragraph (e) to read as follows:

(e) Underground coal mining operations

conducted after the date enactment of this

section shall comply with each of the

following requirements:

(1) Promptly repair, or compensate for,

material damage resulting from subsidence

caused to any occupied residential dwelling

and structures related thereto, or noncommercial building due to underground

coal mining operations. Repair of damage

shall include rehabilitation, restoration, or

replacement of the damaged occupied

residential dwelling and structures related

thereto, or non-commercial building.

Compensation shall be provided to the owner

of the damaged occupied residential dwelling

and structures related thereto or noncommercial building and shall be in the full

amount of the diminution in value resulting

from the subsidence. Compensation may be

accomplished by the purchase, prior to

mining, of a noncancellable premiumprepaid insurance policy.

(2) Promptly replace any drinking,

domestic, or residential water supply from a

well or spring in existence prior to the

application for a surface coal mining and

reclamation permit, which has been affected

by contamination, diminution, or

interruption resulting from underground coal

mining operations. Nothing in this section

shall be construed to prohibit or interrupt

underground coal mining operations.

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

Alabama 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 Birmingham Field Office

will not necessarily be considered in the

final rulemaking or included in the

Administrative Record.

Public Hearing

Persons wishing to speak at the public

hearing should contact the person listed

under FOR FURTHER INFORMATION

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

1998. The location and time of the

hearing will be arranged with those

persons requesting the hearing. 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. If no one requests

an opportunity to speak 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 speak have been heard.

Persons in the audience who have not

been scheduled to speak, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

speak and persons present in the

audience who wish to speak have been

heard.

Public Meeting

If only one person requests an

opportunity to speak at a hearing, 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

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

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
Federal Register / Vol. 63, No. 82 /Wednesday, April 29, 1998 / Proposed Rules 23405

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 901

Intergovernmental relations, Surface

mining, Underground mining.

Dated: April 21, 1998.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

[FR Doc. 98–11342 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 935

[OH–218–FOR; Amendment Number 61R]

Ohio Regulatory Program

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 Ohio regulatory

program (hereinafter referred to as the

‘‘Ohio program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). This amendment

provides that areas reclaimed following

the removal of temporary structures that

are part of the sediment control system,

such as sedimentation ponds, roads, and

small diversions, are not subject to a

revegetation responsibility period and

bond liability period separate from that

of the permit area or increment thereof

served by such facilities. The

amendment also authorizes as a

husbandry practice that not restart the

revegetation responsibility period, the

repair of damage to land and/or

established permanent vegetation that

has been unavoidably disturbed. The

amendment is intended to improve

operational efficiency of the Ohio

program.

DATES: Written comments must be

received on or before 4:00 p.m. on May

29, 1998. If requested, a public hearing

on the proposed amendments will be

held on May 26, 1998. Requests to

present oral testimony at the hearing

must be received on or before 4:00 p.m.

on May 14, 1998.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or delivered to George Rieger,

Field Branch Chief, Appalachian

Regional Coordinating Center, at the

address listed below.

Copies of the Ohio 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 the OSM

Field Branch, Appalachian Regional

Coordinating Center.

George Rieger, Field Branch Chief,

Appalachian Regional Coordinating

Center, Office of Surface Mining

Reclamation and Enforcement, 3

Parkway Center, Pittsburgh, PA 15220

Telephone: (412) 937–2153.

Ohio Division of Mines and

Reclamation, 1855 Fountain Square

Court, Columbus, Ohio 43224,

Telephone: (614) 265–1076.

FOR FURTHER INFORMATION CONTACT:

George Rieger, Field Branch Chief,

Appalachian Regional Coordinating

Center, Telephone: (412) 937–2153.

SUPPLEMENTARY INFORMATION:

I. Background on the Ohio Program

On August 16, 1982, the Secretary of

the Interior conditionally approved the

Ohio program. Background information

on the Ohio program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval can be found in the August 10,

1982, Federal Register (47 FR 34688).

Subsequent actions concerning

conditions of approval and program

amendments can be found at 30 CFR

935.11, 935.15, and 935.16.

II. Description of the Proposed

Amendment

By letter dated February 11, 1993

(Administrative Record No. OH–1831),

Ohio submitted proposed Program

Amendment Number 61 concerning

augmentative practices. OSM

announced receipt of this amendment in

the April 1, 1993, Federal Register (58

FR 17173) and, in the same notice,

opened the public comment period and

provided opportunity for a public

hearing on the adequacy of the proposed

amendment. The public comment

period closed on May 3, 1993. Since no

one requested an opportunity to provide

testimony at a public hearing, the

scheduled hearing was canceled.

By letter dated June 11, 1993

(administrative Record No. OH–1888),

Ohio submitted additional revisions to

this proposed amendment. OSM

announced receipt of the revised

amendment in the July 6, 1993, Federal

Register (58 FR 36177), and, in the same

notice, reopened the public comment

period and again provided an

opportunity for a public hearing. The

public comment period closed on July

21, 1993. On August 16, 1993 (58 FR

43261), OSM approved most of the

proposed amendment, but deferred

decision on Ohio Administrative Code

(OAC) 1501:13–9–15(F) (5), (6), and (7)

concerning nonaugmentative practices.

OSM reopened a public comment

period on September 15, 1993 (58 FR

48333) for the provisions OAC 1501:13–

9–15(F) (6) and (7) as originally

submitted on February 11, 1993, and

revised on June 11, 1993, with regard to

removal of sedimentation ponds and

associated areas. The comment period

closed on October 15, 1993. This notice

also included similar proposed

revisions to the Kentucky and Illinois

regulations as well as a discussion of

OSM’s proposed policy concerning

restart of the revegetation responsibility