36866 Federal Register / Vol. 63, No. 130 /Wednesday, July 8, 1998 / Proposed Rules

Model Serial Nos.

1900C ............... UB–1 through UB–74, and

UC–1 through UC–174.

1900C (C–12J) UD–1 through UD–6.

1900D ............... UE–1 through all serial

numbers.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

airplanes that have been modified, altered, or

repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (d) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated in the

body of this AD, unless already

accomplished.

Note 2: The compliance time of this AD

takes precedence over the compliance time

set out in the Raytheon Aircraft Mandatory

Service Bulletin No. SB 27-3158, Issued:

June, 1998.

Note 3: If the owners/operators of the

affected airplane have not kept track of GAG

cycles, hours time-in-service (TIS) may be

substituted by multiplying each hour TIS by

2, to calculate the number of GAG cycles. For

example, 1,300 hours TIS would equal 2,600

GAG cycles.

To prevent asymmetric flaps, jammed

flaps, and/or possible interference between

the flap and the aileron, which could inhibit

aileron travel and result in possible loss of

roll control of the airplane, accomplish the

following:

(a) Upon the accumulation of 600 total

ground-air-ground (GAG) cycles, or within

600 GAG cycles from the date of the last

inspection required by AD 97–14–16, or

within the next 100 GAG cycles after the

effective date of this AD, whichever occurs

later, and thereafter at intervals not to exceed

600 GAG cycles, inspect the outboard flap

attachment brackets and aft roller bearings on

both wings for visible wear and elongation of

the bracket holes in accordance with

instructions 1 through 17 in Raytheon

Aircraft (Raytheon) Mandatory Service

Bulletin No. SB 27–3158, Issued: June, 1998.

(b) Prior to further flight, repair or replace

any worn or damaged part in accordance

with Temporary Revision No. 57–1 to the

Raytheon Aircraft Beech 1900 Airliner Series

Structural Repair Manual P/N 114–590021–

9B, dated May 16, 1997; Reissued June 30,

1992.

(c) Special flight permits may be issued in

accordance with 14 CFR 21.197 and 21.199

to operate the airplane to a location where

the requirements of this AD can be

accomplished.

(d) An alternative method of compliance or

adjustment of the initial or repetitive

compliance times that provides an equivalent

level of safety may be approved by the

Manager, Wichita Aircraft Certification Office

(ACO), Room 100, 1801 Airport Road, MidContinent Airport, Wichita, Kansas 67209.

(1) The request shall be forwarded through

an appropriate FAA Maintenance Inspector,

who may add comments and then send it to

the Manager. Wichita ACO.

(2) Alternative methods of compliance

approved for AD 97–14–16 are not

considered approved as alternative methods

of compliance for this AD.

Note 4: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Wichita ACO.

(e) All persons affected by this directive

may obtain copies of the document referred

to herein upon request to Raytheon Aircraft

Company, 9709 E. Central, P. O. Box 85,

Wichita, Kansas 67201–0085; or may

examine this document at the FAA, Central

Region, Office of the Regional Counsel, Room

1558, 601 E. 12th Street, Kansas City,

Missouri 64106.

(f) This amendment supersedes AD 97–14–

16, Amendment 39–10074.

Issued in Kansas City, Missouri, on June

29, 1998.

Marvin R. Nuss,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 98–18008 Filed 7–7–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 61

RIN 1076–AD89

Preparation of Rolls of Indians

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Proposed rule.

SUMMARY: The Bureau of Indian Affairs

is amending its regulations governing

the compilation of rolls of Indians in

order to reopen the enrollment

application process for the Sisseton and

Wahpeton Mississippi Sioux Tribe. The

amendment reopens the enrollment

period to comply with a directive of the

Eighth Circuit of Appeals.

DATES: Comments must be received on

or before September 8, 1998.

ADDRESSES: Comments are to be mailed

to Daisy West, Office of Tribal Services,

Bureau of Indian Affairs, 1849 C Street,

NW, MS 4603–MIB, Washington, DC

20240; or, hand delivered to Room 4603

at the same address.

FOR FURTHER INFORMATION CONTACT:

Daisy West, Bureau of Indian Affairs

(202) 208–2475.

SUPPLEMENTARY INFORMATION:

Background

The Bureau of Indian Affairs must

reopen the enrollment application

process authorized under 25 U.S.C.

1300d–3(b) to give individuals another

opportunity to file applications to share

in the Sisseton and Wahpeton

Mississippi Sioux judgment fund

distribution. The Eighth Circuit of

Appeals decision in Loudner v. U.S.,

108 (f). 3d 896 (8th Cir. 1997), held that

the Bureau of Indian Affairs did not give

proper notice of the application period,

and that 5 months was not a sufficient

time period within which to file

applications, in light of the long delay

in distribution of the fund. The

proposed rule is intended to reopen the

enrollment period in order to allow

sufficient time for eligible persons to

enroll.

Additional Notice and Public Meetings

The Bureau of Indian Affairs is taking

several steps to ensure that all potential

applicants are informed of the

reopening of the comment period. We

will notify all BIA Area Directors and

Agency Superintendents and require

them to post notices in area offices,

agency offices, community centers on

and near reservations, and in Indian

Health Clinics. We will also notify tribal

newspapers and newspapers of general

circulation in major communities in

Montana, North Dakota, South Dakota,

Nebraska, and Minnesota.

Additionally, we will hold

community meetings on Indian

reservations identified from the 1909

roll, including: Cheyenne River, Crow

Creek, Upper Sioux, SissetonWahpeton, Spirit Lake, Fort Peck,

Standing Rock, Lower Brule, Yankton,

Rosebud, and Pine Ridge. At each

meeting we will:

(1) Inform potential beneficiaries of

the reopening of the enrollment process

for this judgment fund;

(2) Inform potential beneficiaries of

eligibility criteria; and

(3) Help applicants to prepare and file

applications.

Previously Submitted Applications

We have on file applications

submitted under § 61.4(s) that we

denied because we received them after

November 1, 1973. We will now process

these applications. If you previously

filed an application that we denied, you

may wish to confirm that we have it and

are processing it. To do this, please call

Daisy West at (202) 208–2475.

Application Deadline

We have not established an

application deadline in this proposed

rule. In order to allow adequate time for
Federal Register / Vol. 63, No. 130 /Wednesday, July 8, 1998 / Proposed Rules 36867

submitting and processing applications,

we will establish a deadline using the

following three steps.

Step 1. On day 180 after the final rule

becomes effective, we will count all

applications that we have received.

Step 2. We will note the date on

which we complete processing of 90

percent of the applications that we

receive by the date in step 1.

Step 3. The application deadline will

be 90 days after the date in step 2.

For example, if we receive 10

applications by the date in step 1, the

final application deadline date will be

90 days after we process 9 applications.

Similarly, if we receive 10,000

applications by the date in step 1, the

final application deadline date will be

90 days after we process 9,000

applications.

After we establish the application

deadline, we will notify the same area

directors, agency superintendents, and

local newspapers that we notify after

publishing this rule. This notice will

include application/enrollment criteria.

Regulatory Planning and Review (E.O.

12866)

This document is not a significant

rule and is not subject to review by the

Office of Management and Budget under

Executive Order 12866.

(1) This rule will not have an effect of

$100 million or more on the economy.

It will not adversely affect in a material

way the economy, productivity,

competition, jobs, the environment,

public health or safety, or State, local,

or tribal governments or communities.

(2) This rule will not create a serious

inconsistency or otherwise interfere

with an action taken or planned by

another agency.

(3) This rule does not alter the

budgetary effects or entitlement, grants,

user fees, or loan programs or the rights

or obligations of their recipients.

(4) This rule does not raise novel legal

or policy issues.

Regulatory Flexibility Act

The Department of the Interior

certifies that this document will not

have a significant economic effect on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). Because it makes

technical changes that do not affect the

substance of the rules there is no

economic effect at all, other than to

improve the utility of the rules for users.

Small Business Regulatory Enforcement

Fairness Act (SBREFA)

This rule is not a major rule under 5

U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act.

This rule:

(1) Does not have an annual effect on

the economy of $100 million or more.

(2) Will not cause a major increase in

costs or prices for consumers,

individual industries, Federal, State, or

local government agencies, or

geographic regions.

(3) Does not have significant adverse

effects on competition, employment,

investment, productivity, innovation, or

the ability of U.S.-based enterprises to

compete with foreign-based enterprises.

Unfunded Mandates Reform Act

This rule does not impose an

unfunded mandate on State, local, or

tribal governments or the private sector

of more than $100 million per year. The

rule does not have a significant or

unique effect on State, local or tribal

governments or the private sector. A

statement containing the information

required by the Unfunded Mandates

Reform Act (1 USC 1531, et seq.) is not

required.

Takings (E.O. 12630)

In accordance with Executive Order

12630, the rule does not have significant

takings implications. A takings

implication assessment is not required.

Federalism (E.O. 12612)

In accordance with Executive Order

12630, the rule does not have significant

takings implications. A takings

implication assessment is not required.

Civil Justice Reform (E.O. 12988)

In accordance with Executive Order

12988, the Office of the Solicitor has

determined that this rule does not

unduly burden the judicial system and

meets the requirements of sections 3(a)

and 3(b)(2) of the Order.

Paperwork Reduction Act

This rule requires collection of

information from many enrollees. As

required by the Paperwork Reduction

Act of 1995 (44 U.S.C. 3507(d)), the

Department has submitted a copy of the

application to the Office of Management

and Budget (OMB) for its review.

1. Information Collection Request

We are seeking your comments on the

following Information Collection

Request.

Type of review: New.

Title: Application to Share in the

Mississippi Sioux Judgment Funds as a

Lineal Descendant of the Sisseton and

Wahpeton Mississippi Sioux Tribes

Pursuant to the Act of October 25, 1972,

25 U.S.C. 1300d–3(b).

Effected Entities: Individual Indians.

Abstract: Subsection 1300d–3(b)

requires the Secretary of the Interior to

prepare a roll of the lineal descendants

of the Sisseton and Wahpeton

Mississippi Sioux Tribe, that were

living on October 25, 1972, and are not

enrolled with the Spirit Lake Tribe of

North Dakota (formerly Devils Lake

Sioux Tribe), the Sisseton-Wahpeton

Sioux of South Dakota, or the

Assiniboine and Sioux Tribe of the Fort

Peck Reservation. We previously

published enrollment regulations in 25

CFR 61.4(s)(2) that established a 5-

month period for accepting enrollment

applications. In 1994, 14 plaintiffs sued

seeking to enjoin the per capita

distribution payment, and to require us

to accept additional applications for

enrollment to share in the distribution

of the judgment funds. The Court found

that publication notice and an

approximate 5-month notice period to

apply as a lineal descendant beneficiary

under the 1972 Distribution Act was

insufficient notice and is therefore void.

Loudner, et arm’s-length contract v.

U.S., 108 F. 3d 896 (8th Cir. 1997). As

a result of the decision in this case, we

are reopening the enrollment

application period. We will establish

and publicize the ending date of the

enrollment period after we have

processed most of the applications.

Burden Statement: The estimated

hour burden of the collection of

information is 5,000 hours. We expect

the enrollment application period to last

2 to 3 years, with 5,000 applications

filed the first year and 5,000 additional

applications filed during the following 2

years. The applicants are required to file

only once during the estimated 3-year

enrollment application process.

We will not conduct or require

individuals to respond to a collection of

information until we obtain a valid

Office of Management and Budget

control number. We will print the

approval number on the form.

2. Request for Comments

We need your comments to:

(a) Evaluate whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information will have

practical utility.

(b) Evaluate the accuracy of our

estimated burden for the proposed

collection of information, including the

methodology and assumptions we used.

(c) Enhance the quality, utility, and

clarity of the information that we want

to collect.

(d) Minimize the burden of the

collection of information on those who

are to respond. This includes possibly

using automated or electronic collection

techniques or information technology.
36868 Federal Register / Vol. 63, No. 130 /Wednesday, July 8, 1998 / Proposed Rules

OMB must approve or disapprove this

collection of information between 30

and 60 days after this document appears

in the Federal Register. Therefore, a

comment to OMB is best assured of

having its full effect if OMB receives it

within 30 days of publication. This does

not affect the deadline for sending

comments to us on the proposed

regulations.

National Environmental Policy Act

This rule does not constitute a major

Federal action significantly affecting the

quality of the human environment. A

detailed statement under the National

Environmental Policy Act of 1969 is not

required.

List of Subjects in 25 CFR Part 61

Indians, Indians—claims.

For the reasons set out in the

preamble, Part 61 of Chapter 1 of Title

25 of the Code of Federal Regulations is

proposed to be amended as set forth

below.

PART 61—PREPARATION OF ROLLS

OF INDIANS

1. The authority citation for 25 CFR

Part 61 is revised to read as follows:

Authority: 5 U.S.C. 301; 25 U.S.C. 2 and 9,

1300d–3(b), 1401 et seq.

2. In § 61.4, paragraph (s) is revised to

read as follows:

§ 61.4 Qualifications for enrollment and

the deadline for filing application forms.

* * * * *

(s) Sisseton and Wahpeton Mississippi

Sioux Tribe. (1) Persons meeting the

criteria in this paragraph are entitled to

enroll under 25 U.S.C. 1300d–3(b) to

share in the distribution of certain funds

derived from a judgment awarded to the

Mississippi Sioux Indians. To be

eligible a person must:

(i) Be a lineal descendent of the

Sisseton and Wahpeton Mississippi

Sioux Tribe;

(ii) Be born on or before October 25,

1972;

(iii) Be living on October 25, 1972;

(iv) Appear in records and rolls

acceptable to the Secretary or have a

lineal ancestor whose name appears in

these records; and

(v) Not be a member of any of the

following tribes:

(A) The Spirit Lake Tribe (formerly

known as the Devils Lake Sioux Tribe

of South Dakota);

(B) The Sisseton and Wahpeton Sioux

Tribe of South Dakota; or

(C) The Assiniboine and Sioux Tribes

of the Fort Peck Reservation.

(2) The initial enrollment application

period that closed on November 1, 1973,

is reopened as of the date on which this

rule is published in final. The

application period will remain open

until further notice.

* * * * *

Dated: April 23, 1998.

Kevin Gover,

Assistant Secretary for Indian Affairs.

[FR Doc. 98–17984 Filed 7–7–98; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Part 206

RIN 1010–AC09

Establishing Oil Value for Royalty Due

on Federal Leases

AGENCY: Minerals Management Service,

Interior.

ACTION: Notice of reopening the public

comment period.

SUMMARY: The Minerals Management

Service (MMS) hereby gives notice that

it is reopening the public comment

period on a second supplementary

proposed rulemaking, which was

published in the Federal Register on

February 6, 1998, (63 FR 6113). The

proposed rule amends the royalty

valuation regulations for crude oil

produced from Federal leases. In

response to issues raised on the

February 6, 1998, second supplementary

proposed rulemaking, MMS will reopen

the comment period from July 9, 1998,

to July 24, 1998.

DATE: Comments must be submitted on

or before July 24, 1998.

ADDRESSES: Mail comments,

suggestions, or objections about this

supplementary proposed rule to:

Minerals Management Service, Royalty

Management Program, Rules and

Publications Staff, P.O. Box 25165, MS

3021, Denver, Colorado 80225–0165. Email address is

RMP.comments@mms.gov.

FOR FURTHER INFORMATION CONTACT:

David S. Guzy, Chief, Rules and

Publications Staff, telephone number

(303) 231–3432, fax (303) 231–3385, email RMP.comments@mms.gov.

SUPPLEMENTARY INFORMATION: MMS is

reopening the comment period for the

February 6 second supplementary

proposed rulemaking for a two-week

period from July 9 to July 24. All

comments received during this

comment period will be posted on

MMS’s web site at http://

www.rmp.mms.gov/ library/readroom/

readrm.htm. It is unnecessary to

resubmit comments previously

submitted regarding this rulemaking.

Dated: July 2, 1998.

Phillip D. Sykora,

Acting Associate Director for Royalty

Management.

[FR Doc. 98–18051 Filed 7–7–98; 8:45 am]

BILLING CODE 4310–MR–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 944

[SPATS No. UT–039–FOR]

Utah Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing on proposed amendment.

SUMMARY: The Office of Surface Mining

Reclamation and Enforcement (OSM) is

announcing receipt of a proposed

amendment to the Utah regulatory

program (the ‘‘Utah program’’) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA).

Utah’s amendment proposes changes in

requirements for coal mine permit

application approval in section 40–10–

11 of the Utah Code Annotated (UCA)

(hereafter, also the ‘‘Utah Code’’). The

State proposes the changes to update

language used to describe the approval

process and information documented

during that process. In addition, Utah

proposes a change to subsection (f) of

UCA 40–10–11(2) to clarify limitations

on authority of the Division and to the

Board of Oil, Gas and Mining with

respect to property right disputes. Utah

also proposes to revise provisions

applicable to a permit applicant’s list of

violations of air and water protection at

subsection (3) of section 40–10–11 in

response to an amendment required by

OSM and described at 30 CFR

944.16(f)(2).

The amendment is intended to revise

the Utah program to be consistent with

the Surface Mining Control and

Reclamation Act of 1977 (SMCRA)

regulations and to improve operational

efficiency.

DATES: Written comments must be

received by 4:00 p.m., m.d.t. August 7,

1998. If requested, a public hearing on

the proposed amendment will be held

on August 2, 1998. Requests to present

oral testimony at the hearing must be

received by 4:00 p.m., m.d.t. on July 23,

1998.