3790 Federal Register / Vol. 60, No. 12 / Thursday, January 19, 1995 / Proposed Rules

benefit estimates, and also whether you

are eligible for medicare hospital

insurance coverage;

(5) Estimates of the monthly

retirement (old-age), disability,

dependents’ and survivors’ insurance

benefits potentially payable on your

record if you meet the credits (quarters

of coverage) requirements. If you are age

50 or older, the estimates will include

the retirement (old-age) insurance

benefits you could receive at age 62 (or

your current age if you are already over

age 62), at full retirement age (currently

age 65 to 67, depending on your year of

birth) or at your current age if you are

already over full retirement age, and at

age 70. If you are under age 50, instead

of estimates, we may provide a general

description of the benefits (including

auxiliary benefits) that are available

upon retirement.

(6) A description of the coverage

provided under the medicare program;

(7) A reminder of your right to request

a correction of your earnings record; and

(8) A remark that an annually updated

statement is available on request.

PART 422—ORGANIZATION AND

PROCEDURES

1. The authority citation for Subpart

B of Part 422 continues to read as

follows:

Authority: Secs. 205, 1102, and 1143 of the

Social Security Act; 42 U.S.C. 405, 1302, and

1320b–13.

2. Section 422.125 is amended by

revising paragraphs (a) and (b) to read

as follows:

§ 422.125 Statement of earnings; resolving

earnings discrepancies.

(a) Obtaining a statement of earnings

and estimated benefits. An individual

may obtain a statement of the earnings

on his earnings record and an estimate

of social security benefits potentially

payable on his record either by writing,

calling, or visiting any social security

office, or by waiting until we send him

one under the procedure described in

§ 404.812. An individual may request

this statement by completing the proper

form or by otherwise providing the

information the Social Security

Administration requires, as explained in

§ 404.810(b).

(b) Statement of earnings and

estimated benefits. Upon receipt of such

a request or as required by section

1143(c) of the Social Security Act, the

Social Security Administration will

provide the individual, without charge,

a statement of earnings and benefit

estimate or an earnings statement. See

§§ 404.810ff concerning the information

contained in these statements.

* * * * *

[FR Doc. 95–1309 Filed 1–18–95; 8:45 am]

BILLING CODE 4190–29–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 934

North Dakota Regulatory Program

ACTION: Proposed rule; reopening and

extension of public comment period on

proposed amendment.

SUMMARY: OSM is announcing receipt of

revisions and additional explanatory

information pertaining to a previously

proposed amendment to the North

Dakota regulatory program (hereinafter,

the ‘‘North Dakota program’’) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

revisions and additional explanatory

information pertain to North Dakota’s

‘‘Standards for Evaluation of

Revegetation Success and

Recommended Procedures for Pre- and

Postmining Vegetation Assessments.’’

The amendment is intended to revise

this document to be consistent with the

Federal regulations and to improve

operational efficiency.

DATES: Written comments must be

received by 4:00 p.m., m.s.t., February 3,

1995.

ADDRESSES: Written comments should

be mailed or hand delivered to Guy

Padgett at the address listed below.

Copies of the North Dakota program,

the proposed amendment, and all

written comments received in response

to this document will be available for

public review at the addresses listed

below during normal business hours,

Monday through Friday, excluding

holidays. Each requester may receive

one free copy of the proposed

amendment by contacting OSM’s Casper

Field Office.

Guy Padgett, Director, Casper Field

Office, Office of Surface Mining

Reclamation and Enforcement, 100

East B Street, Room 2128, Casper, WY

82601–1918, Telephone: (307) 261–

5776.

Edward J. Englerth, Director,

Reclamation Division, North Dakota

Public Service Commission, Capitol

Building, Bismarck, ND 58505–

0165, Telephone: (701) 224–4092.

FOR FURTHER INFORMATION CONTACT:

Guy Padgett, Telephone: (307) 261–

5776.

SUPPLEMENTARY INFORMATION:

I. Background on the North Dakota

Program

On December 15, 1980, the Secretary

of the Interior conditionally approved

the North Dakota program. General

background information on the North

Dakota program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval of the North Dakota program

can be found in the December 15, 1980,

Federal Register (45 FR 82214).

Subsequent actions concerning North

Dakota’s program and program

amendments can be found at 30 CFR

934.12, 934.13, 934.15, 934.16, and

934.30.

II. Proposed Amendment

By letter dated February 17, 1994,

North Dakota submitted a proposed

amendment to its program pursuant to

SMCRA (administrative record No. ND–

U–01). North Dakota submitted the

proposed revisions to its ‘‘Standards for

Evaluation of Revegetation Success and

Recommended Procedures for Pre- and

Postmining Vegetation Assessments’’

(hereinafter, the ‘‘revegetation success

document’’) in response to required

program amendments at 30 CFR 934.16

(b) through (i), (w), and (x), and at its

own initiative.

OSM announced receipt of the

proposed amendment in the March 14,

1994, Federal Register (49 FR 11744),

provided an opportunity for a public

hearing or meeting on its substantive

adequacy, and invited public comment

on its adequacy (administrative record

No. ND–U–05). Because no one

requested a public hearing or meeting,

none was held. The public comment

period ended on April 13, 1994.

During its review of the amendment,

OSM identified concerns relating to (1)

Revegetation success standards for

recreation, residential, or industrial and

commercial postmining land uses; (2)

revegetation success standards for prime

farmlands; (3) use of sampling

procedures not included in an approved

State program; (4) revegetation success

standards for tame pastureland; (5)

consultation with the appropriate State

agencies for stocking and planting

arrangements for woodland and

shelterbelt postmining land uses; (6)

revegetation success standards for nonreplacement shelterbelt postmining land

use; (7) designation of fish and wildlife

habitat and the premining assessment

for fish and wildlife habitat; (8)

revegetation success standards for

wetlands and annual grain crops used

for fish and wildlife habitat; (9) the

establishment of a maximum sample
Federal Register / Vol. 60, No. 12 / Thursday, January 19, 1995 / Proposed Rules 3791

size when determining sample

adequacy; (10) sampling techniques for

measuring woody plant density; (11) the

use of representative strips to measure

soil productivity on prime farmlands;

(12) inter-seeding as a normal

husbandry practice; (13) random

sampling of clipped forage samples; and

(14) t-test statistical calculations.

OSM notified North Dakota of the

concerns by letter dated September 9,

1994 (administrative record No. ND–U–

10). North Dakota responded in a letter

dated December 21, 1994, by submitting

a revised amendment and additional

explanatory information (administrative

record No. ND–U–14) that addressed the

concerns identified by OSM.

Specifically, North Dakota (1)

Proposes a requirement for vegetative

ground cover sufficient to control

erosion for recreation, residential, or

industrial and commercial postmining

land uses; (2) provides Natural

Resources Conservation Service

(formerly the Soil Conservation Service)

concurrence with the sampling

techniques used to demonstrate

revegetation success on reclaimed prime

farmlands; (3) proposes to indicate that

the use of any alternative sampling

techniques must be approved by OSM

as well as by North Dakota; (4) provides

additional explanatory information

concerning the demonstration of

productivity on tame pastureland; (5)

provides additional explanatory

information concerning consultation

and approval from the State Game and

Fish Department and State Forester for

woodland and shelterbelt stocking and

planting arrangements; (6) proposes to

delete the revegetation success

standards for non-replacement

shelterbelts; (7) proposes to clarify the

requirements for a premining land use

assessment when an area is primarily

used by wildlife; (8) proposes to require

(a) that the fourth-stage bond release

standard for annual grain crops must be

met for the last two consecutive years of

the liability period and (b) the approved

standard for wetlands must be met at

the time of final bond release; (9)

provides additional explanatory

information concerning the

establishment of a maximum sample

size; (10) proposes to require that woody

plant density must be determined using

methods that are statistically valid with

a 90 percent confidence level; (11)

provides additional explanatory

information concerning the use of

representative strips to measure soil

productivity on prime farmlands; (12)

provides additional explanatory

information concerning the use of interseeding as a normal husbandry practice;

(13) proposes to disallow the use of

random samples to determine moisture

content of all samples; (14) proposes an

additional statistical formula for use in

t-tests; and (15) proposes correction of

typographical errors.

III. Public Comment Procedures

OSM is reopening the comment

period on the proposed North Dakota

program amendment to provide the

public an opportunity to reconsider the

adequacy of the proposed amendment

in light of the additional materials

submitted. 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.

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.

IV. Procedural Determinations

I. 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 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 12550) 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 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.

V. List of Subjects in 30 CFR Part 934

Intergovernmental relations, Surface

mining, Underground mining.

Dated: January 10, 1995.

Charles E. Sandberg,

Acting Assistant Director, Western Support

Center.

[FR Doc. 95–1221 Filed 1–18–95; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01–94–150]

RIN 2115–AE47

Drawbridge Operation Regulations;

Saugus River, MA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.