Federal Register / Vol. 63, No. 12 / Tuesday, January 20, 1998 / Proposed Rules 2919

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: January 9, 1998.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

[FR Doc. 98–1216 Filed 1–16–98; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 920

[MD–033–FOR]

Maryland Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; reopening of

comment period.

SUMMARY: OSM is reopening the public

comment period on a proposed

amendment to the Maryland permanent

regulatory program (hereinafter referred

to as the ‘‘Maryland program’’) under

the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

proposed amendments consist of

revisions to the Maryland regulations

pertaining to excess spoil disposal,

conditions of surety and collateral

bonds, and procedures for release of

general bonds. The amendments are

intended to revise the Maryland

program to be consistent with the

corresponding Federal regulations.

DATES: Written comments must be

received by 4:00 p.m., E.S.T., February

4, 1998.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to George

Rieger, Field Branch Chief, at the

address listed below.

Copies of the Maryland 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

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

Maryland Bureau of Mines, 160 South

Water Street, Frostburg, MD 21532,

Telephone: (301) 689–4136

FOR FURTHER INFORMATION CONTACT:

George Rieger, Field Branch Chief,

Appalachian Regional Coordinating

Center, Telephone: (412) 937–2153.

SUPPLEMENTARY INFORMATION:

I. Background on the Maryland

Program

On February 18, 1982, the Secretary of

the Interior approved the Maryland

program. Background information on

the Maryland program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval can be found in the February

18, 1982, Federal Register (47 FR 7214).

Subsequent actions concerning the

conditions of approval and program

amendments can be found at 30 CFR

920.15 and 920.16.

II. Description of the Proposed

Amendment

Maryland provided an informal

amendment to OSM regarding excess

spoils on March 11, 1994. OSM

completed its reviews of the informal

amendment and requested a formal

proposal from Maryland in a letter dated

August 6, 1996. By letter dated January

7, 1997 (Administrative Record No.

MD–576–00), Maryland submitted a

proposed amendment to its program

pursuant to SMCRA at OSM’s request.

Additionally, by letter dated January 14,

1997 (Administrative Record No. MD–

552–13), Maryland submitted proposed

amendments to its program pursuant to

SMCRA. These amendments pertain to

conditions of surety and collateral

bonds, and procedures for release of

general bonds and are intended to

comply with required program

amendments identified in 30 CFR

920.16 (k) and (m). The proposed

amendments were announced in the

January 30, 1997, Federal Register (62

FR 4502). (At the time of

announcement, the proposed

amendment was identified as [MD–041].

Please note that the amendment is now

identified as [MD–033]). However,

OSM’s review determined that several

items contained in the proposed

amendments required clarification. As a

result, a letter requesting clarification on

four items was sent to Maryland dated

June 13, 1997 (Administrative Record

No. MD–576–05). Maryland responded

in its letter dated June 27, 1997

(Administrative Record No. MD–576–

06), by requesting a meeting with OSM

and stating that additional information

would not be available until after that

meeting. A meeting was held on August

14, 1997, and a response was received

from Maryland in its letter dated

December 8, 1997 (Administrative

Record No. MD–576–07). Therefore,

OSM is reopening the public comment

period regarding the following

clarifications to Maryland’s proposed

amendments:

1. COMAR 25.20.26, Excess Spoil

Disposal

a. Maryland was asked to clarify how

it would fund projects in cases where

the operator defaults on the contract or

otherwise fails to perform the necessary

reclamation. This funding source would

be in addition to the ‘‘contractor

incentive provisions proposed at

COMAR 25.20.26.05(D)(2). Maryland

responded that the proposed

amendment at COMAR

25.20.26.05(A)(1) provides that the

abandoned mine land must be eligible

for funding under Environment Article,

Title 15, Subtitle 11, Annotated Code of

Maryland. Any default by the operator

on a contract or failure to perform

reclamation could be funded by

specially ear-marking a portion of

Maryland’s AML grant funds to

complete the reclamation. This would

be in addition to the sanctions provided

in the proposed amendment.

b. Maryland was asked to clarify

which requirements in the approved
2920 Federal Register / Vol. 63, No. 12 / Tuesday, January 20, 1998 / Proposed Rules

program will apply to the placement of

excess spoil on abandoned mine lands

as referenced in proposed COMAR

25.20.26.05 (A)(3) and (B)(4). Maryland

responded that since existing conditions

on abandoned mine lands differ at each

site, it would be extremely difficult to

clarify exactly which requirements of

Maryland’s approved program would

apply in every case for the placement of

excess spoil. A field review during the

application review process would verify

conditions at the AML site and will

determine which requirements are

necessary to ensure that the excess spoil

is placed in an environmentally sound

manner.

c. Maryland was asked to clarify how

placement of excess spoil on abandoned

mine lands would achieve compliance

with its AML program. Maryland

responded that it considers the

environmental reviews, public notice

requirements and inspection

requirements of its federally approved

regulatory program to be comparable to

those required by the AML program.

Each abandoned mine lands site

proposed for placement of excess spoil

will be reviewed in conjunction with

the application for a surface mining

permit and subjected to the same

requirements.

2. COMAR 25.20.14.09, Procedures for

Release of Bonds

a. COMAR 25.20.14.09B(2)(e) is

further modified by changing the word

‘‘approximate’’ to ‘‘appropriate’’.

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. Specifically, OSM is seeking

comments on the clarifications to the

State’s regulations that were submitted

on December 8, 1997 (Administrative

Record No. MD–576–07). Comments

should address whether the proposed

amendment with these clarifications

satisfies the applicable program

approval criteria of 30 CFR 732.15. If the

amendment is deemed adequate. it will

become part of the Maryland 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 Appalachian Regional

Coordinating Center 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).

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

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 920

Intergovernmental relations, Surface

mining, Underground mining.

Dated: January 9, 1998.

Allen D. Klein,

Regional Director, Appalachian Regional

Coordinating Center.

[FR Doc. 98–1215 Filed 1–16–98; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Chapter IV

[HCFA–1014–NC]

RIN 0938–AI45

Medicare Program: Request for Public

Comments on Implementation of the

Medicare+Choice Program, and Notice

of Timeframes for Submission of

Applications for Contracts

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Notice of intent to regulate;

solicitation of comments.

SUMMARY: The Balanced Budget Act of

1997 (BBA) establishes a new

Medicare+Choice program. Under this

program, eligible individuals may elect

to receive Medicare benefits through

enrollment in one of an array of private

health plans that contract with us.

The BBA directs the Secretary to

publish by June 1, 1998, regulations

establishing standards for the

Medicare+Choice program. We have

already received comments and

inquiries from the public on a number

of issues associated with the

Medicare+Choice program. This

document solicits further public

comments on issues related to

implementation of the Medicare+Choice

program. We intend to consider these

comments as we develop an interim