Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Proposed Rules 21485

inconsistency with SMCRA that was

identified in a July 22, 1994, rulemaking

action (59 FR 37426). The provisions of

the North Dakota Century Code (NDCC)

that North Dakota proposes to revise or

add are: NDCC 38–14.1–37(4) [SOAP,

reimbursement of costs], and NDCC 38–

12.1–08 [coal exploration, civil and

criminal penalties].

Specifically, North Dakota proposes to

revise NDCC 38–14.1–37(4) to require

an operator who has received SOAP

assistance under subsection 3 of the

provision (training in the preparation of

permit applications and compliance

with the regulatory program) to

reimburse the commission for the cost

of the services under certain

circumstances. North Dakota also

proposes to revise NDCC 38–12.1–08(2)

to allow the assessment of individual

civil penalties only for willful specified

violations. Finally, North Dakota

proposes to add at NDCC 38–12.1–08(3)

a new provision that any corporation or

person who controls the activity of a

corporation who violates NDCC Chapter

38–12.1 or any permit condition or rule

implementing that chapter is subject to

a civil penalty not to exceed five

thousand dollars per day of such

violation.

III. 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

North Dakota program.

1. 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 Casper Field Office will

not necessarily be considered in the

final rulemaking or included in the

administrative record.

2. Public Hearing

Persons wishing to testify at the

public hearing should contact the

person listed under FOR FURTHER

INFORMATION CONTACT by 4:00 p.m.,

m.d.t., in May 17, 1995. 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. The location and time of the

hearing will be arranged with those

persons requesting the hearing. If no one

requests an opportunity to testify 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 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

heard.

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 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

1. 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).

2. Executive Order 12778

The Department of the Interior has

conducted the reviews required by

section 2 of Executive Order 12778

(Civil Service 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

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 of 1969 (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.

List of Subjects in 30 CFR Part 934

Intergovernmental relations, Surface

mining, Underground mining.

Dated: April 26, 1995.

Peter A. Rutledge,

Acting Assistant Director, Western Support

Center.

[FR Doc. 95–10776 Filed 5–1–95; 8:45 am]

BILLING CODE 4310–05–M
21486 Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Proposed Rules

DEPARTMENT OF DEFENSE

DEPARTMENT OF TRANSPORTATION

Coast Guard

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AF74

Reservists Education; Commencing

Date of Award of Educational

Assistance

AGENCY: Department of Defense,

Department of Transportation (Coast

Guard), and Department of Veterans

Affairs.

ACTION: Proposed rule.

SUMMARY: This document proposes to

amend the Educational Assistance

Regulations pertaining to the

commencing dates of awards of

educational assistance for members of

the Selected Reserve. It is proposed to

change these regulations to provide that

all commencing dates for awards or

increased awards of educational

assistance be on or reasonably close to

the date of the first day of class. The

intended effect of the amendments is to

make uniform the regulations governing

the dates of commencement of awards

of educational assistance under the

Montgomery GI Bill—Selected Reserve

both for reservists pursuing a college

degree and for those enrolled in courses

not leading to a college degree.

DATES: Comments must be received on

or before July 3, 1995.

ADDRESSES: Mail written comments to:

Director, Office of Regulations

Management (02D), Department of

Veterans Affairs, 810 Vermont Avenue,

NW, Washington, DC 20420, or hand

deliver written comments to: Office of

Regulations Management, Room 1176,

801 Eye Street, NW, Washington DC

20001. Comments should indicate that

they are in response to ‘‘RIN 2900–

AF74.’’ All written comments received

will be available for public inspection in

the Office of Regulations Management,

Room 1176, 801 Eye Street, NW,

Washington, DC 20001, between the

hours of 8:00 a.m. and 4:30 p.m.,

Monday through Friday (except

holidays).

FOR FURTHER INFORMATION CONTACT: June

C. Schaeffer, Assistant Director for

Policy and Program Administration,

Education Service, Veterans Benefits

Administration, (202) 273–7187.

SUPPLEMENTARY INFORMATION: In

accordance with statutory authorities,

VA has established an educational

assistance program for certain members

of the Selected Reserve of the Ready

Reserve for the purpose of encouraging

membership in the Selected Reserve.

The regulations established for this

program are set forth at 38 CFR Subpart

L, referred to below as the ‘‘Educational

Assistance Regulations.’’

The Educational Assistance

Regulations set forth criteria for

determining the commencing date of an

award or increased award of educational

assistance. The current regulations

provide that, with respect to reservists

enrolled in a resident course or subject

leading to a college degree, the

commencing date generally is the date

of registration or reporting, whichever is

first. It is proposed to change these

regulations, as set forth in the text

portion of this document, to provide

that all commencing dates for awards or

increased awards of educational

assistance be on or reasonably close to

the date of the first day of class. It is also

proposed to impose such requirements

for all other reservists pursuing

educational programs: i.e., those taking

a course offered by independent study

or correspondence. This proposal is

consistent with the recommendation of

the Commission to Assess Veterans’

Education Policy and will help ensure

that educational assistance is paid only

for times close to or during the period

of pursuit of the reservists’ program of

education.

The Secretary of Veterans Affairs, the

Secretary of Defense and the

Commandant of the Coast Guard have

certified that this proposed rule, if

promulgated, will not have a significant

economic impact on a substantial

number of small entities as they are

defined in the Regulatory Flexibility

Act, 5 U.S.C. 601–612. The proposed

rule would not directly affect any small

entities. Only VA beneficiaries could be

directly affected. Therefore, pursuant to

5 U.S.C. 605(b), the amended regulation

is exempt from the initial and final

regulatory flexibility analyses

requirements of sections 603 and 604.

This proposed rule has been reviewed

by the Office of Management and

Budget pursuant to Executive Order

12866.

There is no Catalog of Federal

Domestic Assistance number for the

program affected by this proposed rule.

List of Subjects in 38 CFR Part 21

Civil rights, Claims, Education, Grant

programs—education, Loan programs—

education, Reporting and recordkeeping

requirements, Schools, Veterans,

Vocational education, Vocational

rehabilitation.

Approved: April 11, 1995.

Jesse Brown,

Secretary of Veterans Affairs.

Approved: April 21, 1995.

Wayne W. Spruell,

Acting Deputy Assistant Secretary, Reserve

Affairs (Manpower and Personnel),

Department of Defense.

Approved: April 24, 1995.

R.M. Larrabee,

Chief, Office of Readiness and Reserve, Coast

Guard, Department of Transportation.

For the reasons set out in the

preamble, 38 CFR part 21, subpart L is

amended as set forth below.

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

Subpart L—Educational Assistance for

Members of the Selected Reserve

1. The authority citation for part 21,

subpart L is revised to read as follows:

Authority: 10 U.S.C. ch. 1606; 38 U.S.C.

501(a).

2. In § 21.7631, paragraphs (b) and (c)

and their authority citations are revised

to read as follows:

§ 21.7631 Commencing dates.

* * * * *

(b) Certification by school—the course

or subject leads to a standard college

degree. (1) When a student enrolls in a

course offered by independent study,

the commencing date of the award or

increased award of educational

assistance will be the date the student

began pursuit of the course according to

the regularly established practices of the

educational institution.

(2) When a student enrolls in a

resident course or subject, the

commencing date of the award will be

the date of reporting provided that—

(i) The published standards of the

school require the student to register

before reporting,

(ii) The published standards of the

school require the student to report no

more than 14 days before the first

scheduled date of classes for the term,

quarter or semester for which the

student has registered, and

(iii) The first scheduled class for the

course or subject in which the student

is enrolled begins during the calendar

week when, according to the school’s

academic calendar, classes are generally

scheduled to commence for the term.

(3) When a student enrolls in a

resident course or subject whose first

scheduled class begins after the

calendar week when, according to the

school’s academic calendar, classes are

scheduled to commence for the term,

quarter, or semester, the commencing
Federal Register / Vol. 60, No. 84 / Tuesday, May 2, 1995 / Proposed Rules 21487

date of the award or increased award of

educational assistance allowance will be

the actual date of the first class

scheduled for the particular course or

subject.

(4) When a student enrolls in a

resident course or subject and neither

the provisions of paragraph (b)(2) nor

(b)(3) of this section apply to the

enrollment, the commencing date of the

award or increased award of educational

assistance will be the first scheduled

date of classes for the term, quarter or

semester in which the student is

enrolled.

(Authority: 10 U.S.C. 16136(b))

(c) Certification by educational

institution or training establishment—

course does not lead to a standard

college degree. (1) When a reservist

enrolls in a course which does not lead

to a standard college degree and which

is offered in residence, the commencing

date of the award of educational

assistance will be as stated in paragraph

(b) of this section.

(2) When a reservist enrolls in a

course which is offered by

correspondence, the commencing date

of the award of educational assistance

shall be the later of—

(i) The date the first lesson was sent,

or

(ii) The date of affirmance.

(3) When a reservist enrolls in a

program of apprenticeship or other onjob training, the commencing date of the

award of educational assistance shall be

the first date of employment in the

training position.

(Authority: 10 U.S.C. 16136(b))

* * * * *

[FR Doc. 95–10690 Filed 5–1–95; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[AZ 42–1–6916b; FRL–5186–8]

Approval and Promulgation of State

Implementation Plans; Arizona State

Implementation Plan Revision, Pinal

County Air Quality Control District;

and Section 112(l) Approval of Pinal

County Air Quality Control District

Program for the Issuance of Permits

Containing Voluntarily Accepted

Federally Enforceable Conditions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA is proposing to

approve revisions to the Arizona State

Implementation Plan. The revisions

concern synthetic minor permit rules

from the Pinal County Air Quality

Control District (Pinal or District). The

intended effect of approving these

synthetic minor regulations is to allow

facilities to voluntarily accept federally

enforceable limits on their potential

emissions. This approval action will

incorporate these rules into the federally

approved SIP. In order to extend the

federal enforceability of conditions in

permits to hazardous air pollutants

(HAP), EPA is also proposing to approve

Pinal’s synthetic minor regulations

pursuant to section 112 of the Act.

In the final rules section of this

Federal Register, EPA is approving the

state’s SIP revision and section 112(l)

submittal as a direct final rule without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. A detailed rationale for this

approval is set forth in the direct final

rule. If no adverse comments are

received in response to this proposed

rule, no further activity is contemplated

in relation to this rule. 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. The EPA will not

institute a second comment period on

this document. Any parties interested in

commenting on this action should do so

at this time.

DATES: Comments on this proposed rule

must be received in writing by June 1,

1995.

ADDRESSES: Written comments on this

action should be addressed to: Regina

Spindler, Operating Permits Section (A–

5–2), Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901.

Copies of the rules and EPA’s

Technical Support Document for the

synthetic minor program are available

for public inspection at EPA’s Region IX

office during normal business hours.

Copies of the submitted rules are also

available for inspection at the following

locations:

Pinal County Air Quality Control

District, 457 South Central Avenue,

Florence, Arizona 85232

Arizona Department of Environmental

Quality, 3033 North Central Avenue,

Phoenix, Arizona 85012

FOR FURTHER INFORMATION CONTACT:

Regina Spindler, Operating Permits

Section (A–5–2), Air and Toxics

Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105–3901,

Telephone: (415) 744–1251.

SUPPLEMENTARY INFORMATION: This

document concerns Pinal County Air

Quality Control District Code of

Regulations Chapter 1, Article 3, section

1–3–140, Definitions, subsections 5, 15,

21, 32, 33, 35, 50, 51, 58, 59, 103, and

123; Chapter 3, Article 1, section 3–1–

081, Permit conditions, subsection

(A)(8)(a); Chapter 3, Article 1, section 3–

1–084, Voluntarily Accepted Federally

Enforceable Emissions Limitations;

Applicability; Reopening; Effective

Date; and Chapter 3, Article 1, section

3–1–107, Public notice and

participation, submitted to EPA on

August 15, 1994 by the Arizona

Department of Environmental Quality

for approval into the SIP and on October

25, 1994 by the Pinal County Air

Quality Control District for approval

under section 112(l) of the Clean Air

Act. For further information, please see

the information provided in the direct

final action which is located in the rules

section of this Federal Register.

Dated: March 27, 1995.

Felicia Marcus,

Regional Administrator.

[FR Doc. 95–10699 Filed 5–1–95; 8:45 am]

BILLING CODE 6560–50–W

40 CFR Part 52

[MS–20–1–6562b; FRL–5174–1]

Approval and Promulgation of

Implementation Plans Mississippi:

Approval of Revisions to Construction

and Operation Permit Regulations for

Minor Sources

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to approve the

State Implementation Plan (SIP)

revision submitted by the State of

Mississippi for the purpose of

establishing a Federally enforceable

state operating permit (FESOP) program.

In order to extend the Federal

enforceability of Mississippi’s FESOP to

hazardous air pollutants (HAP), EPA is

also proposing approval of Mississippi’s

FESOP regulations pursuant to section

112 of the Clean Air Act as amended in

1990 (CAA). In the Final Rules Section

of this Federal Register, EPA is

approving the State’s SIP revision as a

direct final rule without prior proposal

because the Agency views this as a

noncontroversial revision amendment

and anticipates no adverse comments. A

detailed rationale for the approval is set

forth in the direct final rule. If no