Federal Register / Vol. 63, No. 15 / Friday, January 23, 1998 / Proposed Rules 3507

3. Section 228.21 is amended by

adding a sentence at the end of

paragraph (a) and revising paragraph

(c)(4) as follows:

§ 228.21 Ocean transportation.

(a) * * * USAID’s policy on

implementation of the Cargo Preference

Act is in USAID’s Automated Directives

System, Chapter 315.

* * * * *

(c) * * *

(4) USAID will finance costs incurred

on vessels under flag registry of any

Geographic Code 935 country if the

costs are part of the total cost on a

through bill of lading that is paid to a

carrier for initial carriage on a vessel

which is eligible in accordance with

paragraphs (c)(1), (2) or (3) of this

section; provided that for shipments

originating on a U.S. flag vessel with

transshipment to a non-US. flag vessel,

the supplier must obtain a

determination that direct service on a

U.S. flag vessel is not available from

USAID’s Office of Procurement,

Transportation Division, 1300

Pennsylvania Avenue NW., Washington,

DC 20523–7900.

4. Section 228.51, paragraph (a) is

amended by revising the introductory

paragraph and paragraph (a)(1) as

follows:

§ 228.51 Commodities.

(a) Waiver criteria. Any waiver must

be based upon one of the criteria listed

in this section. Waivers to Geographic

Code 899 or Code 935 which are

justified under paragraph (a) (2) or (3) of

this section may only be authorized on

a case-by-case basis. A waiver may be

authorized when:

(1) A commodity required for

assistance is of a type that is not

produced in or available for purchase in

the United States; in addition, for

waivers to any country or Geographic

code beyond Code 941 and the

cooperating country, the commodity is

of a type that is not produced in or

available for purchase in any country in

Code 941 or the cooperating country.

* * * * *

5. Section 228.53 is amended by

revising the introductory paragraph and

paragraph (a) as follows:

§ 228.53 Suppliers of services—privately

owned commercial suppliers and non-profit

organizations.

Waiver criteria. Any waiver must be

based upon one of the criteria listed in

this section. Waivers to Geographic

Code 899 or Code 935 which are

justified under paragraph (b) or (c) of

this section may only be authorized on

a case-by-case basis. A waiver may be

authorized when:

(a) Services required for assistance are

of a type that are not available for

purchase in the United States; in

addition, for waivers to any country or

Geographic Code beyond Code 941 and

the cooperating country, the services are

of a type that are not available for

purchase in any country in Code 941 or

the cooperating country.

* * * * *

Dated: January 5, 1998.

Marcus L. Stevenson,

Procurement Executive.

[FR Doc. 98–1572 Filed 1–22–98; 8:45 am]

BILLING CODE 6116–71–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 935

[OH–243–FOR]

Ohio 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 Ohio

regulatory program (hereinafter the

‘‘Ohio program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The proposed

amendment consists of changes to

provisions of the Ohio rules pertaining

to permitting requirements, bond

release, and performance standards. The

amendment is intended to revise the

Ohio program to be consistent with the

corresponding Federal regulations.

DATES: Written comments must be

received by 4:00 p.m., [E.D.T.], February

23, 1998. If requested, a public hearing

on the proposed amendment will be

held on February 17, 1998. Requests to

speak at the hearing must be received by

4:00 p.m., [E.D.T.], on February 9, 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 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 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.

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 (42 FR 34688).

Subsequent actions concerning the

conditions of approval and program

amendments can be found at 30 CFR

935.11, 935.12, 935.15, and 935.16.

II. Description of the Proposed

Amendment

By letter dated December 30, 1997

(Administrative Record No. OH–2174–

05), Ohio submitted a proposed

amendment to its program pursuant to

SMCRA and in accordance with 30 CFR

732.17(c). The provisions of the Ohio

Administrative Code (OAC) that Ohio

proposed to amend are: OAC 1501:13–

4–05—Permit Application

Requirements, OAC 1501:13–4–12—

Special Categories of Mining, OAC

1501:13–4–14—Underground Permit

Application Requirements, OAC

1501:13–7–05—Release of Performance

Bond, and OAC 1501:13–9–04—

Performance Standards.

Specifically, Ohio is proposing the

following changes. At OAC 1501:13–4–

05 and 13–4–14, Ohio is proposing to

replace the term ‘‘sedimentation pond’’

with ‘‘siltation structure’’ and to

reference the dam classification criteria

found in the Natural Resources

Conservation Service (NRCS) Technical

Release No. 60. AT OAC 1501:13–4–

12(E), Ohio is proposing to restrict

approximate original contour restoration

variances to only steep-slope mining

and reclamation operations. At 13–4–

12(F)(4)(E), Ohio is proposing to require
3508 Federal Register / Vol. 63, No. 15 / Friday, January 23, 1998 / Proposed Rules

that the aggregate total prime farmland

acreage not be decreased from that

which existed prior to mining. Any

water bodies to be constructed during

mining and reclamation operations are

to be located within the postreclamation non-prime farmland

portions of the permit area. At OAC

1501:13–7–05(A)(2)(a)(iv), Ohio is

proposing to require that a notarized

statement by the permittee affirming

completion of all applicable reclamation

requirements be included in a request of

approval of reclamation. At OAC

1501:13–9–4, Ohio is proposing to

reference the dam and/or emergency

spillway hydrologic criteria found in the

NRCS Technical Release No. 60. Ohio is

also proposing to delete the spillway

requirements for impoundments at

section (G)(3)(b) as they already appear

at section (H)(1)(h).

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

Ohio 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.

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

February 9, 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 2 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.

3509 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 935

Intergovernmental relations, Surface

mining, Underground mining.

Dated: January 15, 1998.

Ronald C. Rector,

Acting Regional Director, Appalachian

Regional Coordinating Center.

[FR Doc. 98–1651 Filed 1–22–98; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 943

[SPATS No. TX–039–FOR]

Texas Abandoned Mine Land

Reclamation Plan

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; correction.