41756 Federal Register / Vol. 63, No. 150 /Wednesday, August 5, 1998 / Proposed Rules

ACTION: Proposed rule; extension of

comment periods; notice of hearings;

and close of record.

SUMMARY: MSHA is extending the

period for public comment regarding the

Agency’s proposed rule addressing

diesel particulate matter exposure of

underground coal miners, which was

published in the Federal Register on

April 9, 1998; and the notice of

preliminary determination of no

significant environmental impact

published in the Federal Register on

July 14, 1998.

The Agency is also announcing that it

will hold public hearings in

Birmingham, Alabama; Salt Lake City,

Utah; Mt. Vernon, Illinois; and Beckley,

West Virginia. The hearing dates, times,

and locations will be announced by a

separate notice in the Federal Register.

The rulemaking record will remain

open 30 days after the last public

hearing.

DATES: Comments must be received on

or before October 9, 1998.

ADDRESSES: Comments on the proposed

rule may be transmitted by electronic

mail, fax, or mail. Comments by

electronic mail must be clearly

identified as such and sent to this e-mail

address: comments@msha.gov.

Comments by fax must be clearly

identified as such and sent to: MSHA,

Office of Standards, Regulations, and

Variances, 703–235–5551. Send mail

comments to: MSHA, Office of

Standards, Regulations, and Variances,

Room 631, 4015 Wilson Boulevard,

Arlington, VA 22203–1984 or any

MSHA district or field office, and or

technical support center. Copies of the

proposal are available for review by the

mining community at each district and

field office location, and at each

technical support center. The document

is also available for loan to interested

members of the public. These comments

will become a part of the official

rulemaking record. Interested persons

are encouraged to supplement written

comments with computer files or disks;

please contact the Agency with any

questions about format.

FOR FURTHER INFORMATION CONTACT:

Patricia W. Silvey, Director; Office of

Standards, Regulations, and Variances;

MSHA; 703–235-1910.

SUPPLEMENTARY INFORMATION: On April

9, 1998, (63 FR 17492), MSHA

published a proposed rule to reduce the

risks to underground coal miners of

serious health hazards that are

associated with exposure to high

concentrations of diesel particulate

matter (dpm). DPM is a very small

particle in diesel exhaust. Underground

miners are exposed to far higher

concentrations of this fine particulate

than any other group of workers. The

best available evidence indicates that

such high exposures put these miners at

excess risk of a variety of adverse health

effects, including lung cancer.

The proposed rule for underground

coal mines would require that mine

operators install and maintain highefficiency filtration systems on certain

types of diesel-powered equipment.

Underground coal mine operators

would also be required to train miners

about the hazards of dpm exposure.

The comment period was scheduled

to close on August 7, 1998. However,

due to requests from the mining

community, the Agency is extending the

comment period for an additional 60

days, until October 9, 1998. MSHA

believes that this extension will provide

sufficient time for all interested parties

to review and comment on the proposal.

All interested parties are encouraged to

submit comments prior to October 9,

1998.

The National Environmental Policy

Act of 1969 (42 U.S.C. 4321 et. seq.),

requires each Federal agency to consider

the environmental effects of proposed

actions and to prepare an

Environmental Impact Statement on

major actions significantly affecting the

quality of the human environment. On

July 14, 1998, (63 FR 37796), MSHA

published a notice in the Federal

Register that announced its preliminary

determination that the proposed rule

would have no significant

environmental impact. The comment

period was scheduled to close on

August 10, 1998; however, by this

notice, MSHA is extending the comment

period until October 9, 1998.

Additionally, MSHA plans to hold the

first public hearing within two weeks of

the close of the comment period. The

hearing dates, times, and locations will

be announced by a separate notice in

the Federal Register. The hearings will

be held under section 101 of the Federal

Mine Safety and Health Act of 1977.

To allow for the submission of posthearing comments, the rulemaking

record will remain open 30 days after

the last public hearing. This date will

also be announced by a separate notice

in the Federal Register. This provides a

total of more than 6 months from date

of publication for the public to comment

on this proposed rule.

Dated: July 30, 1998.

J. Davitt McAteer,

Assistant Secretary for Mine Safety and

Health.

[FR Doc. 98–20830 Filed 8–4–98; 8:45 am]

BILLING CODE 4510–43–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TX–61–1–7376; FRL–6136–1]

Approval and Promulgation of State

Implementation Plans (SIP) for Texas:

Accelerated Vehicle Retirement (AVR)

Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Withdrawal of proposed

disapproval.

SUMMARY: A proposed disapproval of the

Texas AVR program was published in

the Federal Register (FR) on December

19, 1997 (62 FR 66576). The purpose of

this action is to withdraw the proposed

disapproval. The State has withdrawn

the SIP submittal.

DATES: This withdrawal is effective

August 5, 1998.

ADDRESSES: Copies of materials relevant

to this document are available for public

inspection during normal business

hours at the following location. Persons

interested in examining these materials

should make an appointment at least 24

hours before the visiting day.

Environmental Protection Agency,

Region 6, Air Planning Section (6PD–L),

1445 Ross Avenue, Suite 700, Dallas,

Texas 75202–2733.

FOR FURTHER INFORMATION CONTACT: Ms.

Sandra Rennie, Air Planning Section

(6PD–L), EPA Region 6, 1445 Ross

Avenue, Dallas, Texas 75202–2733,

telephone (214) 664–7367.

SUPPLEMENTARY INFORMATION:

I. Background

On October 31, 1994, Texas submitted

a revision to the SIP to provide for a

Vehicle Scrappage Program in Title 30

of the Texas Administrative Code,

Chapter 114: Control of Air Pollution

from Motor Vehicles. The program

allowed for the scrappage of vehicles,

calculating the credits, and applying the

credits to stationary sources. The

program was not approvable because the

method of calculating the credits was

not approvable. The method required

actual measurements of vehicle mass

emissions using the IM240 emissions

test. This emissions test is not available

to the public in the State because in

1995, the Legislature halted the first

vehicle Inspection and Maintenance (I/

M) program that used the IM240 test.

That program was replaced in 1997, by

a low enhanced emissions I/M test that

does not measure mass emissions.

Consequently, the emissions measured

from that program are not quantifiable
Federal Register / Vol. 63, No. 150 /Wednesday, August 5, 1998 / Proposed Rules 41757

1 47 CFR 41.1 et seq.

2See 47 CFR 41.11. Part 41 was adopted pursuant

to section 210(a) of the Communications Act of

1934, as amended. 47 USC 210(a). In pertinent part,

section 210(a) provides:

Nothing in this Act or in any other provision of

law shall be construed to prohibit common carriers

from issuing or giving franks to, exchanging franks

Continued

according to the method in 30 TAC

114.200.

The EPA proposed disapproval of the

AVR SIP revision on December 19,

1997, (62 FR 66576).

II. Comments on Proposed Disapproval

Five comments were received in

response to the proposed disapproval.

Four comments supported disapproval.

The Texas Natural Resource

Conservation Commission commented

that because the AVR submittal does not

reflect current programs that are

necessary to implement the scrappage

program as designed, the State

determined that Section 114.200 should

be revised. The State intended to

replace Section 114.200 with a new

Section 114.200 in order to establish an

AVR program that does not rely on the

use of the IM240 test. The EPA agrees

with Texas’ plan to replace Section

114.200 with a new section if the State

intends to implement a vehicle

scrappage program.

The comment from the Lone Star

Chapter of the Sierra Club raised issues

of Environmental Justice (EJ) under Title

VI of the Civil Rights Act. The Sierra

Club supported the proposed

disapproval and also used the comment

period as an opportunity to discuss EJ

as it relates to Vehicle Scrappage

Programs. They protest the Texas SIP

AVR Program for its inherent failure to

comply with Title VI of the Civil Rights

Act of 1964 which strictly prohibits

discrimination on the basis of race,

color, or national origin by any program

receiving Federal financial assistance.

The EPA recognizes EJ as an issue that

cannot and should not be ignored. For

the purposes of this document, EJ and

its relationship to vehicle scrappage will

not be discussed because it is not

germane considering the State’s request

to withdraw the AVR program as a

revision to the SIP.

III. Withdrawal Action

On March 23, 1998, the Governor of

Texas sent a letter to EPA requesting

that the Texas AVR SIP revision be

removed from the SIP process. These

rules are neither required by the Clean

Air Act, nor part of any rate of progress

plans for the State.

In this action, EPA is withdrawing the

proposed disapproval because the State

withdrew the 1994 AVR SIP revision.

The EPA is removing this submittal

from the SIP process, and no further

rulemaking action will take place with

regard to the 1994 AVR SIP submittal.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

IV. Administrative Requirements

A. Executive Order (E.O.) 12866

The Office of Management and Budget

has exempted this action from review

under Executive Order 12866, entitled

‘‘Regulatory Planning Review.’’ This

withdrawal action is not subject to E.O.

13045, entitled ‘‘Protection of Children

from Environmental Health Risks and

Safety Risks,’’ because it is not an

‘‘economically significant’’ action under

E.O. 12866.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. See U.S.C.

603 and 604. Alternatively, EPA may

certify that the rule will not have a

significant impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000.

This action is a withdrawal of the

proposed disapproval with no

associated rulemaking. Therefore I

certify that it does not have an impact

on any small entities.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Ozone, Volatile

organic compounds.

Dated: July 24, 1998.

Jerry Clifford,

Acting Regional Administrator, Region 6.

[FR Doc. 98–20902 Filed 8–4–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 41

[FCC 98–152]

1998 Biennial Regulatory Review—

Elimination of Part 41 Telegraph and

Telephone Franks

AGENCY: Federal Communications

Commission.

ACTION: Notice of proposed rulemaking.

SUMMARY: On July 21, 1998, the Federal

Communications Commission released a

Notice of Proposed Rulemaking (NPRM)

that proposed to eliminate, in toto, part

41 (Telephone and Telegraph Franks) of

the Commission’s rules. The NPRM,

part of the Commission’s 1998 biennial

regulatory review, tentatively concludes

that the development of competition

among interstate and foreign

telecommunications service providers

renders these regulations unnecessary.

DATES: Comments are due on or before

August 31, 1998. Reply comments are

due on or before September 10, 1998.

ADDRESSES: Comments and reply

comments should be sent to the Office

of the Secretary, Federal

Communications Commission, 1919 M

Street, NW, Suite 222, Washington, DC

20554, with a copy to Scott Bergmann

of the Common Carrier Bureau, Federal

Communications Commission, 2033 M

Street, NW, Suite 500, Washington, DC

20554. Parties should also file one copy

of any documents filed in this docket

with the Commission’s copy contractor,

International Transcription Services,

Inc. (ITS), 1231 20th St., NW,

Washington, DC 20037.

FOR FURTHER INFORMATION CONTACT:

Thomas J. Beers, Deputy Chief of the

Industry Analysis Division, Common

Carrier Bureau, at (202) 418–0952, or

Scott K. Bergmann, Industry Analysis

Division, Common Carrier Bureau, at

(202) 418–7102.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rulemaking released July 21,

1998 (FCC 98–152). The full text of this

Notice of Proposed Rulemaking is

available for inspection and copying

during normal business hours in the

FCC Reference Center, Room 239, 1919

M Street, Washington, DC 20554. The

complete text also may be purchased

from the Commission’s copy contractor,

International Transcription Service, Inc.

(202) 857–3800, 1231 20th St., NW,

Washington, DC 20036.

Summary of the Notice of Proposed

Rulemaking

1. In the Notice of Proposed

Rulemaking (NPRM) summarized here,

we propose to eliminate, in toto, part 41

(Telegraph and Telephone Franks) of

the Commission’s rules.1 Part 41

governs the issuance of franks for

interstate and foreign telegraph and

telephone service by communications

common carriers.2 Part 41 also governs