Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 / Rules and Regulations 20193

A new § 1952.393, Compliance

staffing benchmarks, has been added to

Subpart T to reflect the approval of the

revised benchmarks for Michigan.

While most of the existing subparts

have been retained, paragraphs within

the subpart have been rearranged and

renumbered so that the major steps in

the development of the plan (initial

approval, developmental steps and

certification of completion of

developmental steps) are set forth in

chronological order.

Related editorial changes to the

subparts include modification of the

heading of § 1952.260 to clearly identify

the initial plan approval of Michigan.

The addresses of locations where the

Michigan plan may be inspected have

been updated and are found at

§ 1952.266.

Regulatory Flexibility Act

OSHA certifies, pursuant to the

Regulatory Act of 1980 (5 U.S.C. 601, et

seq.), that this rulemaking will not have

significant economic impact on a

substantial number of small entities.

Approval of the revised compliance

staffing benchmarks for Michigan will

not place small employers in the State

under any new or different requirements

nor would any additional burden be

placed upon the State government

beyond the responsibilities already

assumed as part of the approved plan.

List of Subjects in 29 CFR Part 1952

Intergovernmental relations, Law

enforcement, Occupational safety and

health.

(Sec. 18, 84 Stat. 1608 (29 U.S.C. 667); 29

CFR Part 1902, Secretary of Labor’s Order No.

1–90 (55 FR 9033))

Signed at Washington, DC, this 20th day of

April 1995.

Joseph A. Dear,

Assistant Secretary of Labor.

PART 1952—[AMENDED]

Accordingly, Subpart T of 29 CFR Part

1952 is amended to read as follows:

Subpart T—Michigan

1. The authority citation for Part 1952

continues to read:

Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C.

667); 29 CFR Part 1902, Secretary of Labor’s

Order No. 1–90 (55 FR 9033).

2. Section 1952.260 is amended by

revising the heading to read:

§ 1952.260 Description of the plan as

initially approved.

§ 1952.265 [Redesignated as § 1952.267]

§ 1952.262 [Redesignated as § 1952.265]

3. Section 1952.265 is redesignated as

§ 1952.267, and § 1952.262 is

redesignated as § 1952.265.

§ 1952.264 [Redesignated as § 1952.262]

4. Section 1952.264 is redesignated as

§ 1952.262, and is amended by revising

the heading to read:

§ 1952.262 Completion of developmental

steps and certification.

§ 1952.264 [Reserved]

5. A new § 1952.264 is added and

reserved.

§ 1952.261 [Redesignated as § 1952.266]

6. Section 1952.261 is redesignated as

§ 1952.266 and revised to read as

follows:

§ 1952.266 Where the plan may be

inspected

A copy of the principal documents

comprising the plan may be inspected

and copied during normal business

hours at the following locations: Office

of State Programs, Occupational Safety

and Health Administration, U.S.

Department of Labor, Third Street and

Constitution Avenue, N.W., Room

N3700, Washington, D.C. 20210;

Regional Administrator, Occupational

Safety and Health Administration, U.S.

Department of Labor, Room 3244, 230

South Dearborn Street, Chicago, Illinois

60604; Michigan Department of Labor,

Victor Office Center, 201 North

Washington Square, Lansing, Michigan

48933; and Michigan Department of

Public Health, 3423 North Logan Street,

Lansing, Michigan 48909

§ 1952.261 [Redesignated from § 1952.263]

7. Section 1952.263 is redesignated as

§ 1952.261 and a new § 1952.263 is

added to read as follows:

§ 1952.263 Compliance staffing

benchmarks.

Under the terms of the 1978 Court

Order in AFL–CIO v. Marshall,

compliance staffing levels

(‘‘benchmarks’’) necessary for a ‘‘fully

effective’’ enforcement program were

required for each State operating an

approved State plan. In 1992, Michigan

completed, in conjunction with OSHA,

a reassessment of the levels initially

established in 1980 and proposed

revised benchmarks of 56 safety and 45

health compliance officers. After

opportunity for public comment and

service on the AFL–CIO, the Assistant

Secretary approved these revised

staffing requirements on April 20, 1995.

8. Newly designated § 1952.261 is

amended by revising the heading to

read:

§ 1952.261 Developmental schedule.

§ 1952.261 [Amended]

9. Newly designated § 1952.261(i) is

further redesignated as § 1952.262(i).

[FR Doc. 95–10138 Filed 4–24–95; 8:45 am]

BILLING CODE 4510–26–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 756

Navajo Nation Abandoned Mine Land

Reclamation (AMLR) Plan

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 Navajo Nation AMLR

plan (hereinafter referred to as the

‘‘Navajo plan’’) under the Surface

Mining Control Reclamation Act of 1977

(SMCRA). The Navajo Nation proposed

revisions to its AMLR Code of 1987

pertaining to the reclamation of interim

program coal sites. The amendment is

intended to revise the Navajo plan to be

consistent with SMCRA, and to improve

operational efficiency.

EFFECTIVE DATE: April 25, 1995.

FOR FURTHER INFORMATION CONTACT:

Thomas E. Ehmett, telephone: (505)

766–1486.

SUPPLEMENTARY INFORMATION:

I. Background on Title IV of SMCRA

Title IV of SMCRA established an

AMLR program for the purposes of

reclaiming and restoring lands and

waters adversely affected by past

mining. The program is funded by a

reclamation fee levied on the

production of coal. Generally, lands and

waters eligible for reclamation under

Title IV are those that are mined or

affected by mining and abandoned or

inadequately reclaimed prior to August

3, 1977, and for which there is no

continuing reclamation responsibilities

under State, Federal, Tribal, or other

laws. Lands and waters abandoned or

inadequately reclaimed after August 3,

1977, are also eligible for reclamation

under provisions at sections 402(g)(4)

and 404 of SMCRA.

Title IV provides for State or Tribal

submittal to OSM of an AMLR plan. The
20194 Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 / Rules and Regulations

Secretary of the Interior adopted

regulations at 30 CFR 870 through 888

that implement Title IV of SMCRA.

Under these regulations, the Secretary

reviewed the plans submitted by States

and Tribes and solicited and considered

comments of State and Federal agencies

and the public. Based upon the

comments received, the Secretary

determined whether a State or Tribe had

the ability and necessary legislation to

implement the provisions of Title IV.

After making such a determination, the

Secretary decided whether to approve

the State or Tribal program. Approval

granted the State or Tribe exclusive

authority to administer its plan.

Ordinarily, under section 405 of

SMCRA, a State or Tribe must have an

approved surface mining regulatory

program prior to submittal of an AMLR

plan to OSM. However, on July 11,

1987, the President signed a

supplemental appropriations bill (Pub.

L. 100–71) that authorized the Crow and

Hopi Tribes and Navajo Nation to adopt

AMLR programs without approval of

Tribal surface mining regulatory

programs.

Upon approval of a State or Tribal

plan by the Secretary, the State or Tribe

may submit to OSM, on an annual basis,

an application for funds to be expended

by that State or Tribe on specific

projects that are necessary to implement

the approved plan. Such annual

requests are reviewed and approved by

OSM in accordance with the

requirements of 30 CFR Part 886.

II. Background on the Navajo Plan

On May 16, 1988, the Secretary of the

Interior approved the Navajo plan.

General background information on the

Navajo plan, including the Secretary’s

findings, the disposition of comments,

and the approval of the Navajo plan can

be found in the May 16, 1988, Federal

Register (53 FR 17186). Approval of the

Navajo plan is codified at 30 CFR

756.13. Subsequent actions concerning

the Navajo plan and plan amendments

can be found at 30 CFR 756.14.

III. Proposed Amendment

By letter dated January 12, 1995, the

Navajo Nation submitted a proposed

amendment to its AMLR plan pursuant

to SMCRA (administrative record No.

NA–227). The Navajo Nation submitted

the proposed amendment at its own

initiative and in response to the final

rule Federal Register notice

acknowledging that the Navajo Nation

would amend its AMLR Code of 1987 to

provide for the reclamation of interim

program coal sites (59 FR 49178, 48181,

finding No. 1(f), September 27, 1994;

administrative record No. NA–225). The

Navajo Nation proposed the addition of

new language at section 404(b) of its

AMLR Code to provide for such

reclamation.

OSM announced receipt of the

proposed amendment in the February

10, 1995, Federal Register (60 FR 7926),

provided an opportunity for a public

hearing or meeting on its substantive

adequacy, and invited public comment

on its adequacy (administrative record

No. NA–232). Because no one requested

a public hearing or meeting, none was

held. The public comment period ended

on March 10, 1995.

During its review of the proposed

amendment, OSM identified concerns

relating to the provisions of the Navajo

AMLR Code of 1987 at section 404(b)(2)

pertaining to the dates used to define

interim program coal sites, and the lack

of a provision requiring a determination

that there are insufficient funds to

provide for adequate reclamation or

abatement at the site. OSM notified the

Navajo Nation of the concerns in a

telephone conversation of February 23,

1995 (administrative record No. NA–

233).

The Navajo Nation responded in a

letter dated February 23, 1995, by

submitting a revised amendment

(administrative record No. NA–234).

Based upon the revisions to the

proposed plan amendment submitted by

the Navajo Nation, OSM reopened the

public comment period in the March 10,

1995, Federal Register (60 FR 13086,

administrative record No. NA–236). The

public comment period ended on March

27, 1995.

IV. Director’s Findings

As discussed below, the Director, in

accordance with SMCRA and 30 CFR

884.14 and 884.15, finds that the

proposed Navajo plan amendment as

submitted by the Navajo Nation on

January 12, 1995, and as revised by it on

February 23, 1995, is not inconsistent

with SMCRA and is in compliance with

the corresponding Federal regulations at

30 CFR 884.14 and 884.15. Thus, the

Director approves the proposed

amendment.

1. Nonsubstantive Revisions to the

Navajo Nation AMLR Code of 1987

The Navajo Nation proposed to

recodify sections 404 (a) and (c), eligible

lands and water, of its AMLR Code of

1987, (corresponding provisions at

section 404 of SMCRA).

Because the recodification of this

previously-approved section of the

Navajo Nation’s AMLR Code is

nonsubstantive in nature, the Director

finds it is not inconsistent with SMCRA.

The Director approved the proposed

recodification.

2. Reclamation of Interim Program Coal

Sites

The Navajo Nation proposed the

addition of provisions at section 404(b)

of its AMLR Code to provide for the

reclamation of interim program coal

sites. Such sites were left in either

unreclaimed or inadequately reclaimed

condition (1) between August 4, 1977,

and September 28, 1984, and the

amount of the bond or other financial

guarantee is insufficient to provide for

adequate reclamation or abatement at

the site, or (2) where the mining

occurred between August 4, 1977, and

November 5, 1990, and the surety of the

mining operator became insolvent, and

as of November 5, 1990, funds

immediately available from proceedings

relating to such insolvency or from any

other source were insufficient to

provide adequate reclamation or

abatement at the site. In addition, to

qualify for reclamation or abatement,

such sites must be either priority 1 or

2 sites pursuant to section 403(a) (1) and

(2) of SMCRA, and priority will be given

to those sites in the immediate vicinity

of a residential area or which have an

adverse economic impact upon a

community.

Proposed section 404(b) of the Navajo

Nation AMLR Code contains the same

requirements as the counterpart Federal

requirements at section 402(g)(4) of

SMCRA. Therefore, the Director finds

that the proposed AMLR Code

provisions are consistent with the

counterpart SMCRA provisions. The

Director approves proposed section

404(b) of the Navajo Nation AMLR

Code.

V. Summary and Disposition of

Comments

Following are summaries of all

substantive written comments on the

proposed amendment that were

received by OSM, and OSM’s responses

to them.

1. Public Comments

OSM invited public comments on the

proposed amendment, but none were

received.

2. Agency Comments

Pursuant to 30 CFR 884.15(a) and

884.14(a)(2), OSM solicited comments

on the proposed amendment from

various Federal agencies with an actual

or potential interest in the Navajo plan

(administrative record Nos. NA–231 and

NA–235).

(a) Arizona State Historic Preservation

Officer (SHPO). On March 13, 1995, the
Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 / Rules and Regulations 20195

Arizona SHPO agreed with OSM’s

determination that no aspects of the

proposed amendment pertain to cultural

or historic resources (administrative

record No. NA–239). As such, the

Arizona SHPO determined that the

amendment would have no effect on

cultural resources under the National

Historic Preservation Act of 1966 and 36

CFR part 800.

(b) Navajo Nation Historic

Preservation Department.

By letter dated February 21, 1995, the

Department agreed with OSM’s

determination that the proposed

changes to the Navajo Nation AMLR

Code of 1987 do not pertain to cultural

resources. Therefore, ti stated that the

amendment will have no effect on

cultural resources (administrative

record No. NA–237).

(c) U.S. Bureau of Indian Affairs. The

Bureau of Indian Affairs stated in a

memorandum dated March 13, 1995,

that a technical review had been

completed by its Area Real Estate

Services, Rights Protection Section, and

that it had no comments (administrative

record No. NA–238).

VI. Director’s Decision

Based on the above findings, the

Director approves the Navajo Nation’s

proposed plan amendment as submitted

on January 12, 1995, and as revised on

February 23, 1995.

As discussed in finding No. 1, the

Director approves nonsubstantive

revisions to the Navajo Nation AMLR

Code of 1987 at sections 404(a) and (c),

eligible lands and water.

As discussed in finding No. 2, the

Director approves substantive revisions

to the Navajo Nation AMLR Code of

1987 at section 404(b), reclamation of

interim program coal sites.

The Director approves the proposed

revisions of the Navajo Nation AMLR

Code of 1987 with the provision that

they be fully promulgated in identical

form to the code submitted to and

reviewed by OSM and the public.

The Federal regulations at 30 CFR

part 756, codifying decisions concerning

the Navajo plan, are being amended to

implement this decision. This final rule

is being made effective immediately to

expedite the Tribal plan amendment

process and to encourage Tribes to bring

their plans into conformity with the

Federal standards without undue delay.

Consistency of Tribal and Federal

standards is required by SMCRA.

VII. 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 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 or Tribal AMLR

plans and revisions thereof since each

such plan is drafted and promulgated by

a specific State or Tribe, not by OSM.

Decisions on proposed State or Tribal

AMLR plans and revisions thereof

submitted by a State or Tribe are based

on a determination of whether the

submittal meets the requirements of

Title IV of SMCRA (30 U.S.C. 1231–

1243) and the applicable Federal

regulations at 30 CFR parts 884 and 888.

3. National Environmental Policy Act

No environmental impact statement is

required for this rule since agency

decisions on proposed State or Tribal

AMLR plans and revisions thereof are

categorically excluded from compliance

with the National Environmental Policy

Act (42 U.S.C. 4332) by the Manual of

the Department of the Interior (516 DM

6, appendix 8, paragraph 8.4B(29)).

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 Tribal submittal

which is the subject of this rule is based

upon 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

established by SMCRA or previously

promulgated by OSM will be

implemented by the Tribe. In making

the determination as to whether this

rule would have a significant economic

impact, the Department relied upon the

data and assumptions in the analyses for

the corresponding Federal regulations.

List of Subjects in 30 CFR Part 756

Abandoned mine land reclamation

program, Indian lands.

Dated: April 19, 1995.

Charles E. Sandberg,

Acting Assistant Director, Western Support

Center.

For the reasons set out in the

preamble, Title 30, Chapter VII,

Subchapter E of the Code of Federal

Regulations is amended as set forth

below:

PART 756—INDIAN TRIBE

ABANDONED MINE LAND

RECLAMATION PROGRAMS

1. The authority citation for part 756

continues to read as follows:

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

L. 100–71.

2. Section 756.14 is amended by

adding paragraph (c) to read as follows:

§ 756.14 Approval of amendments to the

Navajo Nation’s Abandoned Mine Land

Plan.

* * * * *

(c) Revisions to sections 404 (a), (b),

and (c) of the Navajo Nation Abandoned

Mine Land Reclamation (AMLR) Code

of 1987, pertaining to eligible lands and

water, as submitted to OSM on January

12, 1995, and as subsequently revised

on February 23 1995, are approved

effective April 25, 1995.

[FR Doc. 95–10169 Filed 4–24–95; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Parts 1 and 3

[Docket No. 950404087–5087–01]

RIN 0651–AA76

Changes To Implement 20-Year Patent

Term and Provisional Applications

AGENCY: Patent and Trademark Office,

Commerce.

ACTION: Final rule.

SUMMARY: The Patent and Trademark

Office (PTO) is amending the rules of

practice in patent cases to establish

procedures for: filing and processing

provisional application papers;

calculating the length of any patent term

extension to which an applicant is

entitled where the issuance of a patent

on an application filed on or after June

8, 1995 (the implementation date of the

20-year patent term provisions of the

Uruguay Round Agreements Act), other