Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 /Rules and Regulations 34597

second and third columns for the following redesignated sections in the

first column are corrected to read:

Redesignated section Old reference New reference

* * * * * * *

250.906(b)(2)(iii) ....................................................................................... 250.137 ......................................... 250.907.

* * * * * * *

250.1000(c) .............................................................................................. 250.150 through 250.158 .............. 250.1000 through 250.1008.

* * * * * * *

250.1009(a)(1) ......................................................................................... 250.150 through 250.158 .............. 250.1000 through 250.1008.

* * * * * * *

250.1500(a) .............................................................................................. 250.211 through 250.216 .............. 250.1502 through 250.1507

250.1500(b) .............................................................................................. 250.217 through 250.222 .............. 250.1508 through 250.1513.

250.1500((c) ............................................................................................. 250.223 through 250.229 .............. 250.1514 through 250.1520.

250.1500(c) .............................................................................................. 250.233 ......................................... 250.1524.

250.1500(d) .............................................................................................. 250.230 through 250.232 .............. 250.1521 through 250.1523.

250.1505(c) .............................................................................................. 250.214 ......................................... 250.1505.

250.1505(f) ............................................................................................... 250.214 ......................................... 250.1505.

* * * * * * *

250.1605(a) .............................................................................................. 250.260 through 250.274 .............. 250.1605 through 250.1619.

* * * * * * *

250.1627(a) .............................................................................................. 250.290 through 250.297 .............. 250.1627 through 250.1634.

Dated: June 18, 1998.

E.P. Danenberger,

Chief, Engineering and Operations Division.

[FR Doc. 98–16969 Filed 6–24–98; 8:45 am]

BILLING CODE 4310–MR–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 924

[SPATS No. MS–014–FOR]

Mississippi 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 Mississippi

regulatory program (hereinafter referred

to as the ‘‘Mississippi program’’) under

the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

amendment consists of revisions to the

Mississippi Surface Coal Mining and

Reclamation Law pertaining to the small

operator assistance program, variances

from performance standards,

enforcement, and administrative and

judicial review proceedings. The

amendment is intended to revise the

Mississippi program to be consistent

with SMCRA.

EFFECTIVE DATE: June 25, 1998.

FOR FURTHER INFORMATION CONTACT:

Arthur W. Abbs, Director, Birmingham

Field Office, Office of Surface Mining

Reclamation and Enforcement, 135

Gemini Circle, Suite 215, Homeward,

Alabama 35209, Telephone: (205) 290–

7282.

SUPPLEMENTARY INFORMATION:

I. Background on the Mississippi 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 Mississippi

Program

On September 4, 1980, the Secretary

of the Interior conditionally approved

the Mississippi program. Background

information on the Mississippi program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the September 4, 1980, Federal Register

(45 FR 58520). Subsequent actions

concerning the conditions of approval

amendments can be found at 30 CFR

924.10, 924.16, and 924.17.

II. Submission of the Proposed

Amendment

By letter dated March 26, 1998

(Administrative Record No. MS–0354),

Mississippi submitted an amendment to

its program pursuant to SMCRA.

Mississippi proposed to amend the

Mississippi Surface Coal Mining and

Reclamation Law (MSCMRL) in

response to the required amendments

codified at 30 CFR 924.16(b), (c), and

(d).

OSM announced receipt of the

proposed amendment in the April 14,

1998, Federal Register (63 FR 18172),

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 May 14,

1998. Because no one requested a public

hearing or meeting, none was held.

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 amendment.

1. § 53–9–26, Small Operator Assistance

Program

Mississippi proposed to change the

word ‘‘operation’’ to the word

‘‘operator’’ in the phrase ‘‘at all

locations of surface coal mining

operation.’’

The Director finds that the revision

satisfies the requirement placed on the

Mississippi program at 30 CFR

924.16(b)(1) on January 9, 1998 (63 FR

1342), and that Mississippi’s revised

provision at section 53–9–26 is no less

stringent than section 507(c) of SMCRA.

Therefore, the Director is approving the

revision and removing the required

amendment.
34598 Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 /Rules and Regulations

2. § 53–9–45, Variances From

Performance Standard

At section 53–9–45(4)(b), Mississippi

proposed to remove the reference to

subsection (2) from the phrase ‘‘a

variance from the requirement to restore

to approximate original contour set forth

in subsection (2) or (3) of this section.’’

The Director finds that the revision

satisfies the requirement placed on the

Mississippi program at 30 CFR

924.16(b)(2) on January 9, 1998 (63 FR

1342), and that Mississippi’s revised

provision at section 53–9–45 is no less

stringent than section 515(e)(2) of

SMCRA. Therefore, the Director is

approving the revision and removing

the required amendment.

3. § 53.9–69, Enforcement and

Administrative and Judicial Review

Proceedings

a. At section 53–9–69(1)(c)(i),

Mississippi proposed to change the

word ‘‘may’’ to the word ‘‘shall’’ in the

phrase ‘‘the commission, executive

director or the executive director’s

authorized representative may issue an

order to the permittee or agent of the

permittee.’’

The Director finds that the revision

satisfies the requirement placed on the

Mississippi program at 30 CFR 924.16(c)

on January 9, 1998 (63 FR 1342), and

that Mississippi’s revised provision at

section 53–9–69(1)(c)(i) is no less

stringent than section 521(a)(3) of

SMCRA. Therefore, the Director is

approving the revision and removing

the required amendment.

b. Mississippi proposed to add the

following new provision at section 53–

9–69(4):

When an order is issued under this section,

or as a result of any administrative

proceeding under this chapter, at the request

of any person, a sum equal to the aggregate

amount of all costs and expenses, including

attorney’s fees, as determined by the

commission to have been reasonably

incurred by that person for or in conjunction

with that person’s participation in the

proceedings, including any judicial review of

agency actions, may be assessed against

either party as the court, resulting from

judicial review, or the commission, resulting

from administrative proceedings deems

proper.

The Director finds that the addition of

this new provision satisfies the

requirement placed on the Mississippi

program at 30 CFR 924.16(d)(1) on

January 9, 1998 (63 FR 1342), and that

Mississippi’s provision at section 53–9–

69(4) is no less stringent than section

525(e) of SMCRA. Therefore, the

Director is approving the new provision

and removing the required amendment.

4. § 53–9–77, Formal Hearings

Mississippi proposed to add the

following new provision at section 53–

9–77(5):

Except as provided in Section 53–9–67, the

availability of judicial review under this

section shall not limit any rights established

under Section 53–9–67.

The Director finds that the addition of

this new statutory provision satisfies the

requirement placed on the Mississippi

program at 30 CFR 924.16(d)(2) on

January 9, 1998 (63 FR 1342), and that

Mississippi’s provision at section 53–9–

77(5) is no less stringent than the

counterpart Federal provision at section

526(e) of SMCRA. Therefore, the

Director is approving the new provision

and removing the required amendment.

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 Mississippi

program (Administrative Record No.

MS–0357). On April 29, 1998, the U.S.

Army Corps of Engineers commented

that a review of the proposed

amendment found it to be satisfactory

(Administrative Record No. MS–0363).

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 Mississippi

proposed to make in this amendment

pertain to air or water quality standards.

Therefore, OSM did not request the

EPA’s concurrence.

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

OSM solicited comments on the

proposed amendment from the EPA

(Administrative Record No. MS–0357).

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. MS–0357).

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 Mississippi

on March 26, 1998.

The Federal regulations at 30 CFR

Part 924, codifying decisions concerning

the Mississippi 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

(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

section 102(2)(C) of the National
Federal Register / Vol. 63, No. 122 /Thursday, June 25, 1998 /Rules and Regulations 34599

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 924

Intergovernmental relations, Surface

mining, Underground mining.

Dated: June 6, 1998.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

For the reasons set out in the

preamble, 30 CFR Part 924 is amended

as set forth below:

PART 924—MISSISSIPPI

1. The authority citation for Part 924

continues to read as follows:

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

2. Section 924.15 is amended in the

table by adding a new entry in

chronological order by ‘‘Date of final

publication’’ to read as follows:

§ 924.15 Approval of Mississippi

regulatory program amendments.

* * * * *

Original amendment submission date Date of final publication Citation/description

* * * * * * *

March 26, 1998 ................. June 25, 1998 ............................................................. MSCMRL 53–9–26; 45(4)(b); 69(1)(c)(i) and (4); 77(5).

§ 924.16 [Amended]

3. Section 924.16 is amended by

removing and reserving paragraphs (b),

(c), and (d).

[FR Doc. 98–16813 Filed 6–24–98; 8:45 am]

BILLING CODE 4310–05–M

POSTAL SERVICE

39 CFR Part 232

Conduct on Postal Service Property

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: This final rule amends United

States Postal Service regulations

concerning conduct on postal property

to: prohibit smoking in postal buildings;

prohibit soliciting of signatures on

petitions, polls, or surveys on postal

property except as otherwise authorized

by Postal Service regulations; prohibit

impeding ingress to or egress from post

offices; add regulations for voter

registration activities on postal property

to reflect current postal policy; prohibit

unauthorized leafleting, picketing,

demonstrating, public assembly, and

public address in lobbies and other

interior areas of postal buildings open to

the public; prohibit placement of tables,

chairs, freestanding signs or posters,

structures, or furniture of any type on

postal property except as part of postal

activities or as otherwise permitted by

these regulations; permit, in addition to

guide dogs, other animals used to assist

persons with disabilities on postal

property; prohibit the storage of

weapons and explosives on postal

property except for official purposes;

clarify the meaning of terms; change

references to other postal directives; and

provide that Office of Inspector General

Criminal Investigators and other persons

designated by the Chief Postal Inspector

may also enforce Postal Service property

regulations.

EFFECTIVE DATE: This final rule is

effective June 25, 1998.

FOR FURTHER INFORMATION CONTACT:

Henry J. Bauman, Independent Counsel,

Postal Inspection Service, (202) 268–

4415.

SUPPLEMENTARY INFORMATION: On

November 18, 1997, the Postal Service

published a proposed rule to amend its

conduct on postal property regulations,

62 FR 61481. Comments concerning the

proposed rule were received from one

organization, the National Newspaper

Association (NNA), before the comment

period closed on December 18, 1997.

NNA objected to the language in

proposed § 232.1(h)(1) prohibiting the

vending of newspapers on postal

property. NNA believes the language is

too broad and may be misinterpreted in

the future as prohibiting the placement

of newspaper racks in nonpostal

property locations that are contiguous to

postal property. NNA also objected to

the language in proposed § 232.1(h)(1)

prohibiting the impeding of ingress to or

egress from post offices. NNA

recommended deleting the language,

stating there are certain post offices in

which the sidewalks leading to and

from the postal property are public

walkways that would qualify as public

fora exempt from Postal Service

regulation under United States v.

Kokinda. Finally, NNA suggested the

proposed amendments should be

changed to make clear that they apply

only to postal property.

In response to the NNA comments,

the Postal Service acknowledges that it

has no authority to regulate conduct on

nonpostal property, including public

property that is contiguous to postal

property. Current § 232.1(a) provides

that the regulations apply only to real

property under the charge and control of

the Postal Service. In those cases where

post offices are accessible only through

nonpostal public or private property,

state and local laws and regulations

apply to the nonpostal public or private

property. These final regulations do not

extend, nor is it the intent to extend,

Postal Service conduct on property

regulations to nonpostal property.

List of Subjects in 39 CFR Part 232

Federal buildings and facilities,

Penalties, Postal Service.

Accordingly, 39 CFR part 232 is

amended as set forth below.