33022 Federal Register / Vol. 63, No. 116 /Wednesday, June 17, 1998 / Proposed Rules

interested in being placed on a mailing

list for future NPRM’s should also

request a copy of Advisory Circular No.

11–2A, which describes the application

procedures.

The Proposal

The FAA is considering an

amendment to 14 CFR part 71 by

establishing a Class E airspace area at

Willits, CA. Additional controlled

airspace extending upward from 700

feet above the surface is needed to

contain aircraft executing the GPS RWY

16 SIAP and GPS RWY 34 SIAP at Ells

Field-Willits Municipal Airport. The

intended effect of this proposal is to

provide adequate controlled airspace for

IFR operations at Ells Field-Willits

Municipal Airport, Willits, CA. Class E

airspace designations are published in

Paragraph 6005 of FAA Order 7400.9E

dated September 10, 1997, and effective

September 16, 1997, which is

incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in this document would be

published subsequently in this Order.

The FAA has determined that this

proposed regulation only involves an

established body of technical

regulations for which frequent and

routine amendments are necessary to

keep them operationally current.

Therefore, this proposed regulation—(1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

Regulatory Evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this proposed rule will

not have a significant economic impact

on a substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

The Proposed Amendment

In consideration of the foregoing, the

Federal Aviation Administration

proposes to modify 14 CFR part 71 as

follows:

PART 71—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS; ROUTES;

AND REPORTING POINTS

1. The authority citation for 14 CFR

part 71 is revised to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.09E,

Airspace Designations and Reporting

Points, dated September 10, 1997, and

effective September 16, 1997, is

amended as follows:

Paragraph 6005 Class E airspace areas

extending upward form 700 feet or more

above the surface of the earth.

* * * * *

AWP CA E5 Willits, CA [New]

(Lat. 39°27′03′′N, long, 123°22′12′′W)

That airspace extending upward from 700

feet above the surface within a 6.3-mile

radius of the Ells Field-Willits Municipal

Airport and that Airspace bounded by a line

beginning at lat. 39°28′00′′N, long.

123°30′15′′W; to lat. 39°44′30′′N, long.

123°40′15′′W; to lat. 39°49′45′′N, long.

123°26′30′′W; to lat. 39°33′15′′N, long.

123°18′00′′W, then counterclockwise along

the 6.3-mile radius of the Globe-San Carlos

Regional Airport, to the point of beginning.

* * * * *

Issued in Los Angeles, California, on June

1, 1998.

Michael Lammes,

Acting Manager, Air Traffic Division,

Western-Pacific Region.

[FR Doc. 98–16079 Filed 6–16–98; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 934

[ND–035–FOR, Amendment No. XXV]

North Dakota Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Proposed rule; reopening and

extension of public comment period and

opportunity for public hearing on

proposed amendment.

SUMMARY Office of Surface Mining

Reclamation and Enforcement (OSM) is

announcing receipt of additional

explanatory information pertaining to a

previously proposed amendment to the

North Dakota regulatory program

(hereinafter, the ‘‘North Dakota

program’’) under the Surface Mining

Control and Reclamation Act of 1977

(SMCRA). The additional explanatory

information for North Dakota’s proposed

rules pertain to changes to provisions on

vegetation success standards for final

bond release. The amendment is

intended to revise the North Dakota

program to improve operational

efficiency.

DATES: Written comments must be

received by 4:00 p.m., m.d.t., July 2,

1998. If requested, a public hearing on

the proposed amendment will be held

on July 13, 1998. Requests to present

oral testimony at the hearing must be

received by 4:00 p.m., m.d.t., on July 2,

1998.

ADDRESSES: Written comments should

be mailed or hand delivered to Guy

Padgett, Field Office Director, at the

address listed below.

Copies of the North Dakota 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 Casper

Field Office.

Guy Padgett, Director, Casper Field

Office, Office of Surface Mining

Reclamation and Enforcement, 100

East B. Street, Federal Building, Room

2128, Casper, Wyoming 82601–1918

James R. Deutsch, Director, Reclamation

Division, Public Service Commission

of North Dakota, State Capitol—600 E.

Boulevard, Bismarck, North Dakota

58505–0480, Telephone: (701) 328–

2400.

FOR FURTHER INFORMATION CONTACT: Guy

Padgett, Telephone: (307) 261–6550;

Internet address: gpadgett@osmre.gov.

SUPPLEMENTARY INFORMATION:

I. Background on the North Dakota

Program

On December 15, 1980, the Secretary

of the Interior conditionally approved

the North Dakota program. General

background information on the North

Dakota program, including the

Secretary’s findings, the disposition of

comments, and conditions of approval

of the North Dakota program can be

found in the December 15, 1980 Federal

Register (45 FR 82214). Subsequent

actions concerning North Dakota’s

program and program amendments can

be found at 30 CFR 934.15, 934.16, and

934.30.

II. Proposed Amendment

By letter dated August 29, 1997, North

Dakota submitted a proposed

amendment to its program pursuant to

SMCRA, Amendment number XXV,

administrative record No. ND–Z–01, 30

U.S.C. 1201 et seq.). North Dakota

submitted the proposed amendment at

its own initiative. The provisions of the
Federal Register / Vol. 63, No. 116 /Wednesday, June 17, 1998 / Proposed Rules 33023

North Dakota Administrative Code

(NDAC) that North Dakota proposed to

revise were: NDAC 69–05.2–13–01,

concerning its Coal Production and

Reclamation Fee Report; NDAC 65–

05.2–22–07, concerning reclamation

success standards for woodlands and

shelter belts; and the addition of NDAC

69–05.2–28, concerning inspections of

inactive mines.

OSM announced receipt of the

proposed amendment in the September

17, 1997, Federal Register (62 FR

48807), provided an opportunity for a

public hearing or meeting on its

substantive adequacy, and invited

public comment on its adequacy

(administrative record No. ND–Z–03).

Because no one requested a public

hearing or meeting, none was held. The

public comment period ended at 4:00

p.m. on October 17, 1997.

During its review of the amendment,

OSM identified concerns relating to the

provisions of NDAC 69–05.2–22–07.4.1,

the timeframe for proving reclamation

success. OSM notified North Dakota of

the concerns in a telephone

conversation of March 2, 1998

(administrative record No. ND–Z–09).

North Dakota responded in a letter

dated April 23, 1998, by submitting

additional explanatory information

(administrative record No. ND–Z–10).

North Dakota submitted additional

explanatory information for NDAC 69–

05.2–22–07.4.1, concerning the

timeframe for proving reclamation

success. North Dakota explains that an

operator may demonstrate that the

applicable standards have been

achieved for three out of five

consecutive years starting no sooner

than the eighth year of the responsibility

period, as an alternative to meeting

revegetation success standards for the

last two consecutive growing seasons of

the responsibility period. This

alternative does not pertain to success

standards for prime farmlands.

III. Public Comment Procedures

OSM is reopening the comment

period on the proposed North Dakota

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 North Dakota program.

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 Casper Field Office will

not necessarily be considered in the

final rulemaking or included in the

administrative record.

IV. Procedural Determinations

1. 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).

2. 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 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

the Federal regulations at 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.

3. 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)).

4. 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.).

5. 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

that 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.

6. 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 Subject in 30 CFR Part 934

Intergovernmental relations, Surface

mining, Underground mining.

Dated: June 9, 1998.

Richard J. Seibel,

Regional Director, Western Regional

Coordinating Center.

[FR Doc. 98–16128 Filed 6–16–98; 8:45 am]

BILLING CODE 4310–05–M

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 105–60

RIN 3090–AG16

Public Availability of Agency Records

and Informational Materials

AGENCY: Office of Management and

Workplace Programs, GSA.

ACTION: Proposed rule.

SUMMARY: The General Services

Administration (GSA) proposes to revise

its regulations which implement the

Freedom of Information Act (FOIA), to

incorporate the requirements of the

Electronic Freedom of Information Act

Amendments of 1996, 5 U.S.C. 552, as

amended by Public Law 104–231.

DATES: Comments must be received by

July 17, 1998.

ADDRESSES: Comments should be

submitted to the Freedom of

Information Officer (CAI), General

Services Administration, 1800 F Street,

NW., Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT:

Mary Cunningham, GSA Freedom of

Information Act (FOIA) Officer (202–

501–3415); or Helen C. Maus, Office of

General Counsel (202–501–1460).