Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 /Rules and Regulations 25391

Document No. Pages Revision Date

Allison Engine Company Alert, CEB–A–73–6010 .......................................................... 1–7 ................... Original ............. October 15, 1996.

Total pages: 7.

BHTC Rotorcraft Flight Manual BHT–407–FM–1 ........................................................... Cover ................ 5 ....................... June 24, 1997.

NP .................... 3 ....................... July 30, 1996.

A,B .................... 5 ....................... June 24, 1997.

C/D ................... 5 ....................... June 24, 1997.

1–3 ................... 5 ....................... June 24, 1997.

1–4–1–7 ........... 4 ....................... November 4, 1996.

1–8 ................... 5 ....................... June 24, 1997.

1–13 ................. 4 ....................... November 4, 1996.

1–14 ................. 5 ....................... June 24, 1997.

1–14A/14B ........ 5 ....................... June 24, 1997.

1–19/1–20 ........ 5 ....................... June 24, 1997.

2–3 ................... 5 ....................... June 24, 1997.

2–4 ................... 1 ....................... March 8, 1996.

2–7–2–10 ......... 5 ....................... June 24, 1997.

2–13, 2–14 ....... 5 ....................... June 24, 1997.

3–3–3–5 ........... 5 ....................... June 24, 1997.

3–6 ................... 2 ....................... May 9, 1996.

3–7, 3–8 ........... 5 ....................... June 24, 1997.

3–15 ................. 5 ....................... June 24, 1997.

3–16 ................. 2 ....................... May 9, 1996.

3–17–3–22 ....... 5 ....................... June 24, 1997.

4–5, 4–6 ........... 5 ....................... June 24, 1997.

4–9 ................... Original ............. February 9, 1996.

4–10–4–12 ....... 5 ....................... June 24, 1997.

Total pages: 40.

Allison Engine Company Alert, CEB–A–73–6015 .......................................................... 1–4 ................... 1 ....................... July 30, 1997.

Total pages: 4.

Allison Engine Company Alert, CEB–A–73–6015 .......................................................... 1–4 ................... 2 ....................... October 31, 1997.

Total pages: 4.

Allison Engine Company Alert, CEB–A–73–6017 .......................................................... 1–5 ................... 1 ....................... February 18, 1998.

Total pages: 5

Allison Engine Company Alert, CEB–A–73–6017 .......................................................... 1–5 ................... 2 ....................... April 9, 1998.

Total pages: 5

(h) The incorporation by reference of

Allison Engine Company Alert CEB–A–73–

6010, dated October 15, 1996, CEB A–73–

6015, Revision 1, dated July 30, 1997, and

Revision 2, dated October 31, 1997, and

BHTC RFM BHT–407–FM–1, Revision 5,

dated June 24, 1997, was approved

previously by the Director of the Federal

Register as of December 3, 1997 (62 FR

61438, November 18, 1997).

(i) The incorporation by reference of

Allison Engine Company Alert CEB–A–73–

6017, Revision 1, dated February 18, 1998,

and Revision 2, dated April 9, 1998, is

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51 as of May 26, 1998.

(j) Copies of these service documents may

be obtained from Allison Engine Company,

P.O. Box 420, Speed Code P–40A,

Indianapolis, IN 46206–0420; telephone (317)

230–2720, fax (317) 230–3381. Copies may be

inspected at the FAA, New England Region,

Office of the Regional Counsel, 12 New

England Executive Park, Burlington, MA; or

at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

(k) This amendment becomes effective on

May 26, 1998.

Issued in Burlington, Massachusetts, on

April 29, 1998.

Thomas A. Boudreau,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 98–12063 Filed 5–7–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 918

[SPATS No. LA–017–FOR]

Louisiana Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: OSM is approving a proposed

amendment to the Louisiana regulatory

program (hereinafter referred to as the

‘‘Louisiana program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). Louisiana proposed

revisions to and additions of regulations

pertaining to definitions, request for
25392 Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 /Rules and Regulations

hearing, permitting requirements, small

operator assistance program, bond

release requirements, performance

standards, and enforcement procedures/

civil penalties. The amendment is

intended to revise the Louisiana

program to be consistent with the

corresponding Federal regulations.

EFFECTIVE DATES: May 8, 1998.

FOR FURTHER INFORMATION CONTACT:

Michael C. Wolfrom, Director, Tulsa

Field Office, Office of Surface Mining

Reclamation and Enforcement, 5100

East Skelly Drive, Suite 470, Tulsa,

Oklahoma 74135–6548, Telephone:

(918) 581–6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Louisiana Program

II. Submission of the Proposed Amendment

III. Director’s Findings

IV. Summary and Disposition of Comments

V. Director’s Decision

VI. Procedural Determinations

I. Background on the Louisiana

Program

On October 10, 1980, the Secretary of

the Interior conditionally approved the

Louisiana program. Background

information on the Louisiana program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the October 10, 1980, Federal Register

(45 FR 67340). Subsequent actions

concerning the conditions of approval

and program amendments can be found

at 30 CFR 918.15 and 918.16.

II. Submission of the Proposed

Amendment

By letter dated October 24, 1997

(Administrative Record No. LA–362),

Louisiana submitted a proposed

amendment to its program pursuant to

SMCRA. Louisiana submitted the

proposed amendment in response to a

June 17, 1997, letter (Administrative

Record No. LA–361) that OSM sent to

Louisiana in accordance with 30 CFR

732.17(c).

OSM announced receipt of the

proposed amendment in the November

19, 1997, Federal Register (62 FR

61712), and in the same document

opened the public comment period and

provided an opportunity for a public

hearing or meeting on the adequacy of

the proposed amendment. The public

comment period closed on December

19, 1997. Because no one requested a

public hearing or meeting, none was

held.

During its review of the amendment,

OSM identified concerns relating to

Section 2725., Reclamation plan: ponds,

impoundments, bank, dams and

embankments, and Section 6507.,

Service of notices of violation and

cessation orders. OSM notified

Louisiana of these concerns by

electronic mail dated March 12, 1998,

(Administrative Record No. LA–362.07).

By letter dated March 24, 1998

(Administrative Record No. AL–362.09),

Louisiana responded to OSM’s concerns

by submitting additional explanatory

information and revisions to its

proposed program amendment.

Louisiana proposed additional revisions

to paragraph A. and A.2. of Section

2725., Reclamation plan: ponds,

impoundments, bank, dams and

embankments. Because the additional

information merely clarified certain

provisions of Louisiana’s proposed

amendment, OSM did not reopen the

public comment period.

III. Director’s Findings

Set forth below, pursuant to SMCRA

and the Federal regulations at 30 CFR

732.15 and 732.17, are the Director’s

findings concerning the proposed

amendment.

Revisions not specifically discussed

below concern nonsubstantive wording

changes, or revised cross-references and

paragraph notations to reflect

organizational changes resulting from

this amendment.

A. Revisions to Louisiana’s Regulations

That Are Substantively Identical to the

Corresponding Provisions of the Federal

Regulations

The proposed State regulations listed

in the table below contain language that

is the same as or similar to the

corresponding sections of the Federal

regulations. Differences between the

proposed State regulations and the

Federal regulations are nonsubstantive.

Topic State Regulation Federal Counterpart Regulation

Definitions: ‘‘other treatment facilities,’’ ‘‘previously mined area,’’ and

‘‘qualified laboratory’’.

Section 105 .................................... 30 CFR 701.5 and 795.3.

Reclamation plan: Ponds, Impoundments, Bank, Dams and Embankments—General.Section 2725.A, A.2., A.3., A.3.a.,

C.1., and F.

30 CFR 780.25(a), (a)(2), (a)(3),

(a)(3)(i), (c)(3), and (f).

Prime Farmlands Issuance of Permit ..................................................... Section 2907.C.5 ........................... 30 CFR 785.17(e)(5).

Eligibility for Assistance .......................................................................... Section 3705.A.2.a. and A.2.b ....... 30 CFR 795.6(a)(2)(i) and

(a)(2)(ii).

Program Services and Data Requirements ............................................ Section 3711.A., B.1. through B.6 30 CFR 795.9(b)(1) through (b)(6).

Applicant Liability .................................................................................... Section 3717.A., A.2., and A.3 ...... 30 CFR 795.12(a), (a)(2), and

(a)(3).

Backfilling and Grading: Thin Overburden ............................................. Section 5411.A .............................. 30 CFR 816.104(a).

Backfilling and Grading: Thick Overburden ............................................ Section 5413.A .............................. 30 CFR 816.105(a).

Prime Farmland: Soil Removal ............................................................... Section 5503.A.2 ........................... 30 CFR 823.12(c)(2).

Prime Farmland: Soil Replacement ........................................................ Section 5507.A.4 ........................... 30 CFR 823.14(d).

Service of Notices of Violation and Cessation Orders ........................... Section 6507.A.2 ........................... 30 CFR 843.14(a)(2)

Procedures for Assessment Conference ................................................ Section 6915.B.1. .......................... 30 CFR 845.18(b)(1).

Because the above proposed revisions

are identical in meaning to the

corresponding Federal regulations, the

Director finds that Louisiana’s proposed

regulations are no less effective than the

Federal regulations.

B. Section 2537. Permit Application

Requirements

Louisiana proposed to delete

paragraph A.11. regarding cross

sections, maps, and plans from its

regulations. The Director is approving

this deletion because OSM deleted the

Federal counterpart regulation from its

regulations that was previously found at

30 CFR 779.25(a)(11) (See 59 FR 27932,

dated May 27, 1994).

C. Section 3705. Eligibility for

Assistance

At paragraph A.2., an applicant is

eligible for assistance if his or her

probable total actual and attributed

production from all locations does not

exceed 100,000 tons during any

consecutive 12-month period either

during the term of his or her permit or

during the first five years after issuance
Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 /Rules and Regulations 25393

of his or her permit, whichever period

is shorter. Louisiana proposed to

increase the tonnage limit to 300,000

tons. The Director is approving this

tonnage increase because it will result

in the State regulation being no less

effective than the counterpart Federal

regulation at 30 CFR 795.6(a)(1).

D. Section 4501. Procedures for Seeking

Release of Performance Bond

Louisiana proposed to add new

paragraph A.3. that requires each

application for each phase of bond

release to include a notarized statement

certifying that all applicable reclamation

activities have been accomplished in

accordance with the requirements of the

State Act, the regulatory program, and

the approved reclamation plan.

Louisiana also proposed to redesignate

old paragraph A.3 as A.4. The Director

is approving the revisions because the

resulting regulations will be no less

effective than the counterpart Federal

regulations at 30 CFR 800.40 (a)(2) and

(a)(3).

E. Section 5333. Hydrologic Balance:

Impoundments

Louisiana proposed to add new

paragraph A.1. that requires

impoundments meeting the Class B or C

criteria for dams in the U.S. Department

of Agriculture, Soil Conservation

Service Technical Release No. 60 (120–

VI–TR60, Oct. 1985), ‘‘Earth Dams and

Reservoirs,’’ to comply with the

‘‘Minimum Emergency Spillway

Hydrologic Criteria’’ table in TR–60 and

the requirements of Section 5333.

Louisiana also proposed to redesignate

paragraphs A.1. through A.12. as

paragraphs A.2. through A.13. The

Director is approving these revisions

because they will not render the State

regulations less effective than the

counterpart Federal regulations at 30

CFR 816.49.

F. Section 6913. Procedures for

Assessment of Civil Penalties

Paragraph B. of this section pertains

to procedures the State can use to serve

a person, who is issued a violation

notice or cessation order, a copy of the

proposed civil penalties assessment and

the worksheet showing the computation

of the proposed assessment. Louisiana

proposed to add a new and alternative

provision for serving these documents.

The new provision allows the State to

use any means consistent with the rules

governing service of a summons and

complaint under the Louisiana Rules of

Civil Procedure. The Director is

approving the new provision because it

is no less effective than the counterpart

Federal regulation at 30 CFR

843.14(a)(2).

G. Section 6917. Request for Hearing

At paragraph A., Louisiana allows a

person charged with a violation 15 days,

from the date of service of the

conference office’s action, to contest the

proposed penalty or the fact of the

violation by submitting a petition and

an amount equal to the proposed

penalty. Louisiana proposed to change

from 15 days to 30 days the amount of

time for contesting the proposed penalty

or the fact of the violation after the date

of service of the conference office’s

action. The Director is approving this

revision because it will make the State

regulation no less effective than the

counterpart Federal regulation at 30

CFR 845.19(a).

H. Section 7105. Procedure for

Assessment of Individual Civil Penalty

Louisiana proposed to revise

paragraph C. to read as follows:

C. Service. For purposes of this Section,

service is sufficient if it would satisfy the

Louisiana Rules of Civil Procedure for service

of a summons and complaint. Service shall

be complete upon tender of the notice of

proposed assessment and included

information or of the certified mail and shall

not be deemed incomplete because of refusal

to accept.

The Director is approving this

revision because it is no less effective

than the counterpart Federal regulation

at 30 CFR 846.17(c).

IV. Summary and Disposition of

Comments

Public Comments

OSM solicited public comments on

the proposed amendment, but none

were received.

Federal Agency Comments

Pursuant to 30 CFR 732.17(h)(11)(i),

the Director solicited comments on the

proposed amendment from various

Federal agencies with an actual or

potential interest in the Louisiana

program.

In a letter dated November 17, 1997

(Administrative Record No. LA–362.04),

the U.S. Army Corps of Engineers

responded that Louisiana’s changes to

its program were satisfactory to their

agency. The U.S. Department of the

Interior’s Fish and Wildlife Service also

submitted comments in a letter dated

November 17, 1997 (Administrative

Record No. LA–362.05). this agency

stated that it had no objections to the

proposed amendments to Louisiana’s

Surface Mining Regulations and that the

changes should result in greater

program consistency and should not

adversely impact fish and wildlife

resources within their trusteeship.

Environmental Protection Agency (EPA)

Pursuant to 30 CFR 732.17(h)(11)(ii),

OSM is required to obtain the written

concurrence of the EPA with respect to

those provisions of the proposed

program amendment that relate to air or

water quality standards promulgated

under the authority of the Clean Water

Act (33 U.S.C. 1251 et seq.) or the Clean

Air Act (42 U.S.C. 7401 et seq.). None

of the revisions that Louisiana proposed

to make in this amendment pertain to

air or water quality standards.

Therefore, OSM did not request the

EPA’s concurrence.

Pursuant to 732.17(h)(11)(i), OSM

solicited comments on the proposed

amendment from the EPA

(Administrative Record No. LA–362.01).

The EPA did not respond to OSM’s

request.

State Historical Preservation Officer

(SHPO) and the Advisory Council on

Historic Preservation (ACHP).

Pursuant to 30 CFR 732.17(h)(4), OSM

is required to solicit comments on

proposed amendments which may have

an effect on historic properties from the

SHPO and ACHP. OSM solicited

comments on the proposed amendment

from the SHPO and ACHP

(Administrative Record No. LA–362.02).

Neither the SHPO nor ACHP responded

to OSM’s request.

V. Director’s Decision

Based on the above findings, the

Director approves the proposed

amendment as submitted by Louisiana

on October 24, 1997, and as revised on

March 24, 1998.

The Director approves the regulations

as proposed by Louisiana with the

provision that they be fully promulgated

in identical form to the regulations

submitted to and reviewed by OSM and

the public.

The Federal regulations at 30 CFR

Part 918, codifying decisions concerning

the Louisiana program, are being

amended to implement this decision.

This final rule is being made effective

immediately to expedite the State

program amendment process and to

encourage States to bring their programs

into conformity with the Federal

standards without undue delay.

Consistency of State and Federal

standards is required by SMCRA.

VI. Procedural Determinations

Executive Order 12866

This rule is exempted from review by

the Office of Management and Budget
25394 Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 /Rules and Regulations

(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 corresponding 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

corresponding 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 918

Intergovernmental relations, Surface

mining, Underground mining.

Dated: April 28, 1997.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

For the reasons set out in the

preamble, 30 CFR Part 918 is amended

as set forth below:

PART 918—LOUISIANA

1. The authority citation for Part 918

continues to read as follows:

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

2. Section 918.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of final

publication’’ to read as follows:

§ 918.15 Approval of Louisiana regulatory

program amendments.

* * * * *

Original amendment submission

date Date of final publication Citation/description

* * * * * * * *

October 24, 1997 ........................... May 8, 1998 ................................... Sections 105.; 2537.A.11.; 2725.A., A.2., A.3., A.3.a., C.1., F;

2907.C.5.; 3705.A.2., A.2a., A.2.b.; 3711.A., B.1. through B.6.;

3717.A., A.2., A.3.; 4501.A.3., A.4.; 5333.A.1. through A.13.;

5411.A.; 5413.A.; 5503.A.2.; 5507.A.4.; 6507.A.2.; 6913 .B.;

6915.B.1.; 6917.A.; 7105.C.

[FR Doc. 98–12249 Filed 5–7–98; 8:45 am]

BILLING CODE 4310–05–M

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 260

[Docket No. 96–5 CARP DSTRA]

Determination of Reasonable Rates

and Terms for the Digital Performance

of Sound Recordings

AGENCY: Copyright Office, Library of

Congress.

ACTION: Final rule and order.

SUMMARY: The Librarian of Congress,

upon recommendation of the Register of

Copyrights, is announcing the

determination of the reasonable rates

and terms for the compulsory license

permitting certain digital performances

of sound recordings.

EFFECTIVE DATE: May 8, 1998.

ADDRESS(ES): The full text of the public

version of the Copyright Arbitration

Royalty Panel’s report to the Librarian of

Congress is available for inspection and

copying during normal working hours

in the Office of the General Counsel,

James Madison Building, Room LM–

403, First and Independence Avenue,

SE., Washington, DC, 20540.

FOR FURTHER INFORMATION CONTACT:

David O. Carson, General Counsel, or

Tanya Sandros, Attorney Advisor,

Copyright Arbitration Royalty Panel

(CARP), PO Box 70977, Southwest

Station, Washington, D.C. 20024.

Telephone (202) 707–8380. Telefax:

(202) 707–8366.

SUPPLEMENTARY INFORMATION:

I. Background

The Digital Performance Right in

Sound Recordings Act of 1995

(DPRSRA), Public Law 104–39, 109 Stat.

336, amended section 106 of the

Copyright Act, title 17 of the United

States Code, to give sound recording

copyright owners an exclusive right,

subject to certain limitations, to perform

publicly sound recordings by digital

audio transmissions. 17 U.S.C. 114. The

bill affords certain digital transmission