27698 Federal Register / Vol. 63, No. 97 /Wednesday, May 20, 1998 / Proposed Rules

provides an acceptable level of safety may be

used if approved by the Manager, Seattle

Aircraft Certification Office (ACO), FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Seattle ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

(g) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

Issued in Renton, Washington, on May 14,

1998.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–13406 Filed 5–19–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

29 CFR Ch. XVII

Fire Protection for Shipyard

Employment Negotiated Rulemaking

Advisory Committee; Meeting

AGENCY: Occupational Safety and Health

Administration (OSHA), Labor.

ACTION: Fire Protection for Shipyard

Employment Negotiated Rulemaking

Advisory Committee; notice of open

meeting.

SUMMARY: The Occupational Safety and

Health Administration announces a

meeting of the Fire Protection for

Shipyard Employment Negotiated

Rulemaking Advisory Committee.

OSHA invites all interested persons to

attend. The members represent groups

interested in, or significantly affected

by, the outcome of the rulemaking. They

include representatives of shipyards,

labor unions, professional associations,

and government agencies. The

committee will continue its discussions

on a proposed standard to protect

workers from fire hazards in shipyard

employment, including the following

areas: scope and application;

administrative, engineering, and work

practice controls; fire brigades; written

fire plans; technological advances; cost

of fire protection; and the content of

appendices. The committee’s goal is

reach consensus on a proposed standard

and explanatory preamble.

DATES: The meeting dates are Monday,

June 15, 1998 through Wednesday, June

17, 1998 from 8:00 a.m. to about 4:00

p.m. daily. Submit comments, requests

for oral presentations, and requests for

disability accommodations by June 1,

1998.

ADDRESSES: The meeting will be held at

the Maritime Institute of Technology

and Graduate Studies (MITAGS), 5700

Hammonds Ferry Road, Linthicum

Heights, MD 21090, telephone (410)

859–5700. Mail comments and requests

for oral presentations to Mr. Joseph V.

Daddura, U.S. Department of Labor,

OSHA, Office of Maritime Standards,

200 Constitution Avenue, NW, Room N–

3621, Washington, D.C. 20210.

FOR FURTHER INFORMATION CONTACT:

Mr. Joseph V. Daddura, Project Officer,

Office of Maritime Standards, OSHA

(202–219–7234, ext. 123). For disability

accommodations, contact Ms. Theda

Kenney (202–219–8061, ext. 100).

SUPPLEMENTARY INFORMATION:

Meeting Agenda

The committee will focus its

discussions on definitions and on

provisions that address ships fixed fire

protection systems. Potential impacts of

a proposed rule on small employers will

also be addressed.

Public Participation

Interested persons may send written

comments, data, views, or statements for

consideration by the Committee to Mr.

Joseph V. Daddura. Interested persons

may also request the opportunity to

make an oral presentation to the

committee by providing Mr. Daddura

with a summary of the proposed

presentation, an estimate of the time

desired, and a statement of the interest

that the person represents. The

facilitator may allow such presentations

if there is adequate time in the meeting

schedule.

Authority: This document is issued

pursuant to the Negotiated Rulemaking Act

of 1990 (5 U.S.C. 561 et seq.) and Section 7(b)

of the Occupational Safety and Health Act of

1970 (29 U.S.C. 656).

Signed at Washington, D.C., this 13th day

of May 1998.

Charles N. Jeffress,

Assistant Secretary of Labor.

[FR Doc. 98–13413 Filed 5–19–98; 8:45 am]

BILLING CODE 4510–26–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 917

[KY–218–FOR]

Kentucky 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 Kentucky

regulatory program (hereinafter the

‘‘Kentucky program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The proposed

amendment consists of revisions to the

Kentucky statutes pertaining to bonding

and permit renewal. 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.], June 19,

1998. If requested, a public hearing on

the proposed amendment will be held

on June 15, 1998. Requests to speak at

the hearing must be received by 4:00

p.m., [E.D.T.], on June 4, 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.
Federal Register / Vol. 63, No. 97 /Wednesday, May 20, 1998 / Proposed Rules 27699

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 April 23, 1998

(Administrative Record No. KY–1425),

Kentucky submitted a proposed

amendment to its program. House Bills

(HB) 354, 498, and 593 (effective July

15, 1998) revise section 350 of the

Kentucky Revised Statues (KRS) at

350.990(11), 350.131(2), 350.139(1),

350.990(1), and 350.060(16).

Specifically, Kentucky proposes to

make the following changes. HB 354

confirms Executive Order 97–714, June

11, 1997, which changed the name of

the Division of Abandoned Lands to the

Division of Abandoned Mine Lands and

corrects the name in KRS 350.990(11).

HB 498 completes the package of

bonding reforms jointly recommended

by the State, OSM, and others. It

requires that when a bond is forfeited,

and the entire forfeited amount is more

than necessary to complete reclamation,

the unused funds less any accrued

interest shall be returned to the party

from whom they were collected at KRS

350.131(2). It establishes the bond

forfeiture supplemental fund at KRS

350.139(1) and requires that funds from

forfeited reclamation bonds be placed in

an interest-bearing account. The interest

becomes a supplemental fund that can

be used to reclaim any lands where a

forfeited bond is insufficient to

complete the necessary reclamation. No

more that 25% of the supplemental fund

can be expended on a single site, unless

a larger expenditure is necessary to

abate an imminent danger to public

health or safety. At KRS 350.990(1), HB

498 provides for a potential second

source of money for the supplemental

fund. The first $800,000 of collected

civil penalties for coal mining violations

will be deposited into the General Fund.

One-half of the excess will go to the new

bond forfeiture supplemental fund, but

only when the balance in the Bond Pool

Fund (Fund) is above the maximum of

the operating range necessary to ensure

its solvency. No diversion of excess

penalty income from the Fund to the

supplemental fund will occur until the

Fund balance reaches $16 million, or a

larger amount established by the most

recent actuarial study of the Fund. If the

Fund falls below $16 million (or higher

amount established by the study), all

excess moneys shall be deposited into

the Fund until it reaches $16 million.

HB 593 revises KRS 350.060(16) to

require that a notice of noncompliance

be issued if a permit has expired or if

a permit renewal application has not

been timely filed and the operator or

permittee wants to continue the mining

operation. The notice of noncompliance

shall be deemed to have been complied

with, and the permit may be renewed,

if a permit renewal application is

received within 30 days of the receipt of

the notice of noncompliance. Upon

submittal of a permit renewal

application, the operator or permittee

shall be deemed to have timely filed the

permit renewal application and shall be

permitted to continue, under the terms

of the expired permit, the mining

operation, pending issuance of the

permit renewal. Failure to comply with

the remedial measures of the notice of

noncompliance shall result in the

cessation of the mining operation.

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.

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., [E.D.T.] on June

4, 1998. The location and time of the

hearing will be arranged with those

persons requesting the hearing. 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.

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.

Public Meeting

If only one person requests an

opportunity to speak at a hearing, a

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 or 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
27700 Federal Register / Vol. 63, No. 97 /Wednesday, May 20, 1998 / Proposed Rules

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 917

Intergovernmental relations, Surface

mining, Underground mining.

Dated: May 13, 1998.

Allen D. Klein,

Regional Director, Appalachian Regional

Coordinating Center.

[FR Doc. 98–13340 Filed 5–19–98; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 20

46 CFR Part 5

[USCG–1998–3472]

RIN 2115–AF59

Rules of Practice, Procedure, and

Evidence for Administrative

Proceedings of the Coast Guard

AGENCY: Coast Guard, DOT.

ACTION: Reopening of comment period

on notice of proposed rulemaking.

SUMMARY: The Coast Guard is reopening

the period for public comment on its

Notice of Proposed Rulemaking

(NPRM), Rules of Practice, Procedures,

and Evidence for Administrative

Proceedings of the Coast Guard. Because

of several requests for extension, the

Coast Guard is reopening the period for

30 days.

DATES: Comments must reach the Coast

Guard on or before June 19, 1998.

ADDRESSES: You may mail comments to

the Docket Management Facility

[USCG–1998–3472], U.S. Department of

Transportation (DOT), Room PL–401,

400 Seventh Street SW., Washington,

DC 20590–0001, or deliver them to room

PL–401, located on the Plaza Level of

the Nassif Building at the same address

between 10 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

The telephone number is 202–366–

9329.

The Docket Management Facility

maintains the public docket for this

rulemaking. Comments, and documents

as indicated in this preamble, will

become part of this docket and will be

available for inspection or copying at

room PL–401, located on the Plaza Level

of the Nassif Building at the above

address between 10 a.m. and 5 p.m.,

Monday through Friday, except Federal

holidays. You may also electronically

access the public docket for this

rulemaking on the Internet at http://

dms.dot.gov.

FOR FURTHER INFORMATION CONTACT:

For information on the public docket,

contact Carol Kelley, Coast Guard

Dockets Team Leader, or Paulette

Twine, Chief, Documentary Services

Division, U.S. Department of

Transportation, telephone 202–366–

9329; for information concerning the

notice of proposed rulemaking (NPRM)

provisions, contact George J. Jordan,

Attorney-Advisor, Office of the Chief

Administrative Law Judge, between 9:00

a.m. and 5:00 p.m., Monday through

Friday, except Federal holidays. His

telephone number is 202–267–0006.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Notice of Proposed Rulemaking

(NPRM), published on April 6, 1998 (63

FR 16731), encouraged interested

persons to participate in this rulemaking

by submitting written data, views, or

arguments by May 6, 1998. This request

does the same, except that it asks them

by June 19, 1998.

Persons submitting comments should

include their names and addresses,

identifying this rulemaking (USCG–

1998–3472) and the specific section of

this document to which each comment

applies, and give the reason for each

comment. Please submit one copy of all

comments and attachments in an

unbound format, no larger than 81⁄2 by

1 inches, suitable for copying and

electronic filing to the DOT Docket

Management Facility at the address

under ADDRESSES. If you want

acknowledgment of receipt of your

comment, enclose a stamped, selfaddressed postcard or envelope.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposed rule

in view of the comments.

The Coast Guard plans no public

meeting. Persons may request a public

meeting by writing to the Docket

Management Facility at the address

under ADDRESSES. The request must

identify this docket (USCG–1998–3472)

and should include the reasons why a

public meeting would be helpful to this

rulemaking. If an opportunity for oral

presentations will help the rulemaking

procedures, the Coast Guard will hold a

public meeting at a time and place

announced by a later notice in the

Federal Register.

Background and Purpose

The Coast Guard seeks to improve its

adjudication process. This improvement

would also affect certain actions

involving merchant mariners. First, the

proposed rule would consolidate all

Coast Guard adjudicative procedures to

include the following: the suspension

and revocation (S&R) of merchant

mariners’ licenses, certificates of

registry, and documents and the

procedures involving class II civil

penalties. Second, the proposed rule

would eliminate unnecessary

procedures from S&R proceedings. The

Coast Guard expects the proposed rule

to facilitate the efficient use of

administrative resources relating to

Coast Guard adjudication. It would save

time, effort, and money for all parties