40386 Federal Register / Vol. 63, No. 145 /Wednesday, July 29, 1998 / Proposed Rules

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 testify have been heard.

Persons in the audience who have not

been scheduled to testify, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

testify and persons present in the

audience who wish to testify have been

hear.

3. Public Meeting

If only one person requests an

opportunity to testify 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 contracting 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

1. Executive Order 12866

This rule is exempted from review by

the Office of Management and Budget

(OMB) under Executive Order 12866

(Regulatory Planning 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 Subjects in 30 CFR Part 950

Intergovernmental relations, Surface

mining, Underground mining.

Dated: July 22, 1998.

Peter A. Rutledge,

Acting Regional Director, Western Regional

Coordinating Center.

[FR Doc. 98–20262 Filed 7–28–98; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[CO–001–0026b; FRL–6131–8]

Approval and Promulgation of State

Plans for Designated Facilities and

Pollutants; Colorado; Control of

Landfill Gas Emissions From Existing

Municipal Solid Waste Landfills

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA is proposing to

approve the Colorado plan and

associated regulations for implementing

the Municipal Solid Waste (MSW)

Landfill Emission Guidelines at 40 CFR

part 60, subpart Cc, which were

required pursuant to section 111(d) of

the Clean Air Act (Act). The State’s

plan, which was submitted to EPA on

April 13, 1998, establishes performance

standards for existing MSW landfills

and provides for the implementation

and enforcement of those standards.

In the Final Rules section of this

Federal Register, the EPA is approving

the State’s submittal in a direct final

rule without prior proposal because the

Agency views this as a noncontroversial

action and anticipates no adverse

comments. A detailed rationale for the

approval is set forth in the direct final

rule. If no adverse comments are

received in response to the direct final

rule, no further activity is contemplated.

If EPA receives adverse comments, the

direct final rule will be withdrawn and

all public comments received will be

addressed in a subsequent final rule

based on this proposed rule. EPA will

not institute a second comment period.

Any parties interested in commenting

should do so at this time.

DATES: Comments must be received in

writing on or before August 28, 1998.

ADDRESSES: Written comments on this

action may be mailed to Vicki Stamper,

8P2–A, at the EPA Regional VIII Office

listed. Copies of the documents relevant

to this proposed rule are available for

public inspection during normal

business hours at the Air Program,

Environmental Protection Agency,

Region VIII, 999 18th Street, Suite 500,

Denver, Colorado 80202–2466. Copies of

the State documents relevant to this

proposed rule are available for public

inspection at the Air Pollution Control

Division, Colorado Department of Public

Health and Environment, 4300 Cherry

Creek Drive South, Denver, Colorado

80222–1530.
Federal Register / Vol. 63, No. 145 /Wednesday, July 29, 1998 / Proposed Rules 40387

FOR FURTHER INFORMATION CONTACT:

Vicki Stamper, EPA Region VIII, (303)

312–6445.

SUPPLEMENTARY INFORMATION: See the

information provided in the Direct Final

action of the same title which is located

in the Rules and Regulations section of

this Federal Register.

Dated: July 20, 1998.

William P. Yellowtail,

Regional Administrator, Region VIII.

[FR Doc. 98–20283 Filed 7–28–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL MARITIME COMMISSION

46 CFR Part 503

[Docket No. 98–11]

Availability of Records to the Public—

Electronic Freedom of Information Act;

Correction

AGENCY: Federal Maritime Commission.

ACTION: Notice of Proposed Rulemaking;

correction.

SUMMARY: This document corrects

proposed § 503.23(a)(3) in a proposed

rule published in the Federal Register

on July 22, 1998, regarding Availability

of Records to the Public—Electronic

Freedom of Information Act.

FOR FURTHER INFORMATION CONTACT:

Joseph C. Polking, 202–523–5725.

Correction

In the proposed rule FR Doc. 98–

19432, beginning on page 39263 in the

issue of July 22, 1998, make the

following correction in the rule text. On

page 39265 in the first column, § 503.23,

paragraph (a)(3), correct ‘‘§§ 514.20(c) or

514.8(k)’’ to read ‘‘§§ 514.21(d) or

514.8(k)(2).’’

Dated: July 23, 1998.

Ronald D. Murphy,

Assistant Secretary.

[FR Doc. 98–20215 Filed 7–28–98; 8:45 am]

BILLING CODE 6730–01–M

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 389

[FHWA Docket No. FHWA–98–4145]

Federal Motor Carrier Safety

Regulations; Waivers, Exemptions,

and Pilot Programs; Public Meeting

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Announcement of meeting.

SUMMARY: The FHWA is announcing a

public meeting to solicit information

that will assist the agency in

implementing section 4007 of the

Transportation Equity Act for the 21st

Century (TEA 21), effective on June 9,

1998, governing waivers, exemptions,

and pilot programs. Section 4007

amended 49 U.S.C. 31315 and 31136(e)

by changing the agency’s authority to

grant waivers and exemptions from the

Federal Motor Carrier Safety

Regulations (FMCSRs) and to conduct

pilot programs. The new statutory

language requires the FHWA, within

180 days of enactment of TEA 21, to

establish procedures by which a person

may request a waiver or an exemption.

The FHWA recognizes the public’s

interest in how the agency applies its

waiver and exemption authority. For

that reason, we are scheduling a public

meeting to obtain comments and ideas

from interested persons to assist the

FHWA in implementing section 4007

expeditiously.

DATES: The public meeting will be held

on Thursday, August 20, 1998, between

9 a.m. and 4 p.m. Comments for

inclusion in the docket must be received

no later than August 20, 1998.

ADDRESSES: The public meeting will be

held in Room 2230 of the DOT

Headquarters Building, 400 Seventh

Street, SW., Washington, DC. Written,

signed comments to the docket

identified at the beginning of this

document should be sent to: Docket

Clerk, U.S. DOT Dockets, Room PL–401,

400 Seventh Street, SW., Washington,

DC 20590–0001. All comments received

will be available for examination at the

above address from 10 a.m. to 5 p.m.,

e.t., Monday through Friday, except

Federal holidays. Persons desiring

notification of receipt of comments must

enclose a self-addressed, stamped

envelope or postcard.

FOR FURTHER INFORMATION CONTACT:

General Information. To request time

to be heard and for other general

information, contact Dianne Porter,

Office of Motor Carrier Planning and

Customer Liaison, (202) 366–4073.

Specific Rulemaking Information. For

information concerning rulemaking,

contact Neill L. Thomas, Office of Motor

Carrier Research and Standards, (202)

366–4009 or Charles E. Medalen, Office

of Chief Counsel, (202) 366–1354,

Federal Highway Administration, 400

Seventh Street, SW., Washington, DC

20590. Office hours are from 7:45 a.m.

to 4:15 p.m., e.t., Monday through

Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Availability

Internet users can access all

comments received by the U.S. DOT

Dockets, Room PL–401, by using the

universal resource locator (URL): http:/

/dms.dot.gov. It is available 24 hours

each day, 365 days each year. Please

follow the instructions online for more

information and help.

An electronic copy of this document

may be downloaded using a computer,

modem, and suitable communications

software from the Government Printing

Office (GPO) electronic bulletin board

service (telephone: 202–512–1661).

Internet users may reach the GPO’s web

page at: http://www.access.gpo.gov/su—

docs/aces/aaces002.html.

Participation and Attendance

All persons who would like to

participate in the public meeting must

notify the agency by contacting Dianne

Porter by telephone at (202) 366–4073;

E-Mail: dporter@fhwa.dot.gov; or FAX:

(202) 366–7298 by 4 p.m., e.t., on

Friday, August 14, 1998. All persons

attending will be subject to Federal and

DOT workplace security measures.

Attendees must enter the building at the

southwest quadrant which is located

near the intersection of Seventh and ‘‘E’’

Streets, SW.

Background

The Motor Carrier Act of 1935 gave

the FHWA and its predecessor, the

Interstate Commerce Commission (ICC),

broad authority to regulate

qualifications and maximum hours of

service of employees of, and safety of

operation and equipment of motor

carriers (now recodified at 49 U.S.C.

31502), which carried with it implicit

authority to waive any regulation or

exempt any entity.

Before TEA 21 (Pub. L. No. 105–178,

112 Stat. 107), the Motor Carrier Safety

Act of 1984 (49 U.S.C. 31136) and the

Commercial Motor Vehicle Safety Act of

1986 (49 U.S.C. 31315) provided the

FHWA explicit authority to waive any

part of a regulation, as it applies to a

person or a class of persons, if the action

taken was first determined to be

consistent with the public interest and

the safe operation of commercial motor

vehicles. Before granting a waiver under

these provisions of law, the FHWA had

to publish the proposed waiver and the

reasons for it in the Federal Register for

public comment. This was a

considerable limitation on the implicit

authority in the 1935 Act inherited from

the ICC in 1967 and presented a difficult

test as interpreted by the U.S. Court of

Appeals for the D.C. Circuit in AHAS v.

FHWA, 28 F. 3d 1288 (1994).