Federal Register / Vol. 60, No. 99 / Tuesday, May 23, 1995 / Proposed Rules 27247

9, 1994, issue letter. OSM and North

Dakota met on April 11, 1995

(administrative record No. ND–U–16).

North Dakota, by letter dated May 11,

1995 (administrative record No. ND–U–

17), submitted, at its own initiative,

additional revisions and explanatory

information to its revegetation success

document.

In its May 11, 1995, revised

amendment, North Dakota proposes (1)

A county-wide correction factor to be

used with the U.S. Natural Resources

Conservation Service (NRCS) yield

information to adjust for climatic yield

conditions on land reclaimed for use as

cropland or prime farmland, (2) deletion

of the allowance for ‘‘auxiliary

shelterbelts’’ without revegetation

success standards on land reclaimed for

use as shelterbelts, (3) addition of the

ability for North Dakota to require, by

permit condition, shelterbelts as a

postmining land use that meet the

success standards in its revegetation

success document, (4) addition of the

allowance for tree and shrub stocking

standards approved by the State Game

and Fish Department and the State

Forest Service, as well as by the U.S.

NRCS, on land reclaimed for use as

shelterbelts, (5) addition of the

requirement that all species in the

approved seed mixture must be present

at the time of final bond release on land

reclaimed for use as tame pastureland,

(6) clarification that actual sample

means must be used in formulas that

determine sample size when measuring

success of revegetation for bond release,

(7) addition of specifications for size

and location of representative strips

used to demonstrate the restoration of

soil productivity on land reclaimed for

use as cropland and prime farmland, (8)

deletion of the State wetland

classification system and retention of

the Stewart and Kantrud system of

wetland classification for premining

assessments on land to be reclaimed for

use as fish and wildlife habitat, (9)

clarification of the requirement that

sampling techniques for measuring

success of woody plant density use a 90-

percent statistical confidence interval,

(10) allowance as a normal conservation

practice the voluntary planting of trees

and shrubs on agricultural land at the

request of the land owner or for fish and

wildlife enhancement, and (11)

clarification that a single reinforced

interseeding may be allowed without

restarting the liability period on land

reclaimed for use as native grazing land.

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

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 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 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: May 17, 1995.

Richard J. Seibel,

Regional Director, Western Regional

Coordinating Center.

[FR Doc. 95–12574 Filed 5–22–95; 8:45 am]

BILLING CODE 4310–05–M

Office of the Secretary

43 CFR Part 11

RIN 1090–AA43

Natural Resource Damage

Assessments; Type B—Nonuse Values

AGENCY: Department of the Interior.

ACTION: Notice of correction to

semiannual regulatory agenda.

SUMMARY: On May 8, 1995, the

semiannual regulatory agenda was

published. The agenda incorrectly listed

the Department of the Interior’s Natural

Resource Damage Assessments; Type

B—Nonuse Values rulemaking as a

completed/long-term action that had

been withdrawn on March 31, 1995. 60

FR 23408, 23419. This rulemaking has

neither been withdrawn nor completed.

A proposed rule was issued on May 4,

1994. 59 FR 23097. The comment period

closed on October 7, 1994. 59 FR 32175.

The Department is currently reviewing

and considering the comments received.
27248 Federal Register / Vol. 60, No. 99 / Tuesday, May 23, 1995 / Proposed Rules

1A service contract is defined by section 3(21) of

the Act as:

* * * a contract between a shipper and an

ocean common carrier or conference in which the

shipper makes a commitment to provide a certain

minimum quantity of cargo over a fixed time

period, and the ocean common carrier or conference

commits to a certain rate or rate schedule as well

as a defined level—such as assured space, transit

time, port rotation, or similar service features; the

contract may also specify provisions in the event of

nonperformance on the part of either party.

2Section 8(c) of the 1984 Act provides:

* * * each [service] contract entered into * * *

shall be filed confidentially with the Commission,

and at the same time, a concise statement of its

essential terms shall be filed with the Commission

and made available to the general public in tariff

format, and those essential terms shall be available

to all shippers similarly situated. The essential

terms shall include—

(1) the origin and destination port ranges in the

case of port-to-port movements, and the origin and

destination geographic areas in the case of through

intermodal movements;

(2) the commodity or commodities involved;

(3) the minimum volume;

(4) the line-haul rate;

(5) the duration;

(6) service commitments; and

(7) the liquidated damages for nonperformance, if

any.

3This requirement is implemented in the

Commission’s rules and regulations at 46 CFR

514.7(f)(1).

Dated: May 16, 1995.

Willie R. Taylor,

Director, Office of Environmental Policy and

Compliance.

[FR Doc. 95–12514 Filed 5–22–95; 8:45 am]

BILLING CODE 4310–RG–M

FEDERAL MARITIME COMMISSION

46 CFR Part 514

[Docket No. 95–08]

Service Contract Filing

Requirements—Miscellaneous

Revisions

AGENCY: Federal Maritime Commission.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Federal Maritime

Commission proposes to amend its rules

to provide an optional, abbreviated

service contract format and to require

service contracts to include certain

identifying information concerning the

signatories. This should reduce

duplication and Commission and carrier

costs, as well as facilitate automation of

the Commission’s service contract

records.

DATES: Comments due June 22, 1995.

ADDRESSES: Comments (original and 15

copies) are to be submitted to: Joseph C.

Polking, Secretary, Federal Maritime

Commission, 800 North Capitol Street,

N.W., Washington, D.C. 20573, (202)

523–5725.

FOR FURTHER INFORMATION CONTACT:

Bryant L. VanBrakle, Director, Bureau of

Tariffs, Certification and Licensing,

Federal Maritime Commission, 800

North Capitol Street, N.W., Washington,

D.C. 20573, (202) 523–5796.

SUPPLEMENTARY INFORMATION: Service

contracts subject to section 8(c) of the

Shipping Act of 1984 (‘‘1984 Act’’ or

‘‘the Act’’), 46 U.S.C. app. 1707(c),1 are

filed confidentially with the Federal

Maritime Commission (‘‘FMC’’ or

‘‘Commission’’).2 Prior to such filing, a

statement of each contract’s essential

terms (‘‘ET’’) is filed electronically in

the Commission’s Automated Tariff

Filing and Information System

(‘‘ATFI’’), made available to the general

public in tariff format, and offered to all

similarly situated shippers.3

ETs have been required to be filed in

ATFI since November 1993. However,

the associated confidential service

contracts continue to be filed in paper

format and can often be of considerable

length. There is significant duplication

between a service contract’s text and

that of its corresponding ET. To the

extent the overlap between these

interdependent documents can be

minimized, the rate of error between the

two documents should also be reduced.

Because service contracts are filed

confidentially with the Commission,

they must be secured under lock and

key. Given the rapidly rising number of

contract filings, and their sheer physical

bulk, these documents are consuming

an ever larger portion of the

Commission’s limited secured storage

space.

Apart from the foregoing, the

Commission is also proposing to

address a ministerial detail relating to

the content of service contracts. The

current service contract rules do not

require contracts to set forth the

signatories’ addresses. This has resulted

in difficulty in clearly identifying

shipper parties, including named

affiliates, to certain service contracts,

and, in some cases, hampered the

Commission’s investigative efforts.

The Commission therefore proposes

to afford service contract parties the

option of filing their service contracts in

an abbreviated format, on condition that

such filings incorporate by reference the

corresponding ATFI ETs; certify that

said ET contains all aspects of the

parties’ contract which are not set forth

in the service contract filing; and set

forth certain specific information. The

FMC also proposes to require service

contracts to set forth the parties’ names,

titles and addresses.

The collection of information

requirements contained in this proposed

rule have been submitted to the Office

of Management and Budget for review

under the provisions of the Paperwork

Reduction Act of 1980 (Pub. L. 96–511),

as amended. Public reporting burden for

this collection of information is

estimated to decrease to an average of

one manhour per response, including

the time for reviewing instructions,

searching existing data sources,

gathering and maintaining the data

needed, and completing and reviewing

the collection of information. Send

comments regarding this burden

estimate or any other aspect of this

collection of information, including

suggestions for reducing the burden, to

Bruce A. Dombrowski, Deputy

Managing Director, Federal Maritime

Commission, Washington, D.C. 20573

and to the Office of Information and

Regulatory Affairs, Office of

Management and Budget, Washington,

D.C. 20503.

The Chairman of the Commission

certifies, pursuant to section 605(b) of

the Regulatory Flexibility Act, 5 U.S.C.

601, et seq., that this proposed rule will

not have a significant economic impact

on a substantial number of small

entities, including small businesses,

small organizational units, and small

governmental jurisdictions.

List of Subjects in 46 CFR Part 514

Administrative practice and

procedure, Antitrust, Automatic data

processing, Cargo vessels, Confidential

business information, Contracts,

Exports, Freight, Freight forwarders,

Imports, Maritime carriers, Penalties,

Rates and fares, Reporting and

recordkeeping requirements.

Therefore, pursuant to 5 U.S.C. 553

and sections 3, 8, and 17 of the

Shipping Act of 1984 (46 U.S.C. app.

1702, 1707 and 1716), the Federal

Maritime Commission proposes to

amend Part 514 of Title 46 of the Code

of Federal Regulations as follows:

PART 514—[AMENDED]

1. The authority citation for Part 514

continues to read:

Authority: 5 U.S.C. 552 and 553; 31 U.S.C.

9701; 46 U.S.C. app. 804, 812, 814–817(a),

820, 833a, 841a, 843, 844, 845, 845a, 845b,

847, 1702–1712, 1714–1716, 1718, 1721, and

1722; and sec. 2(b) of Pub. L. 101–92, 103

Stat. 601.

2. Section 514.7 is amended by

revising paragraphs (h)(1)(v) and

(h)(1)(vi) and adding paragraph

(h)(2)(i)(C) to read as follows: