Federal Register / Vol. 60, No. 97 / Friday, May 19, 1995 / Proposed Rules 26857

will allow OSM to study the remarks

and ask questions of the speakers.

The meeting will continue on the

specified date until all persons

scheduled to speak have been heard.

Persons in the audience who have not

been scheduled to speak, and who wish

to do so, will be heard following those

who have been scheduled. The meeting

will end after all persons who wish to

speak have spoken.

Any disabled individual who has

need for a special accommodation to

attend the public meeting should

contact the individual listed under FOR

FURTHER INFORMATION CONTACT.

IV. Procedural Determinations

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).

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, to the extent allowed

by law, 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

programs and program amendments

since each such program is drafted and

promulgated by a specific State, not by

OSM. Under sections 502 and 505 of

SMCRA (30 U.S.C. 1253 and 1255) and

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.

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 (42 U.S.C.

4332(2)(C)).

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.).

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

which is the subject of this rule is based

upon corresponding 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

corresponding Federal regulations.

List of Subjects in 30 CFR Part 948

Intergovernmental relations, Surface

mining, Underground mining.

Dated: May 12, 1995.

Richard J. Seibel,

Acting Regional Director, Appalachian

Regional Coordinating Center.

[FR Doc. 95–12362 Filed 5–18–95; 8:45 am]

BILLING CODE 4310–05–M

National Park Service

36 CFR Part 7

Cape Cod National Seashore Off-Road

Vehicle Use Negotiated Rulemaking

Committee

AGENCY: National Park Service, Interior.

ACTION: Notice of Intent to Establish a

Negotiated Rulemaking Committee.

SUMMARY: As required by section 3 of

the Negotiated Rulemaking Act of 1990,

5 U.S.C. section 564, the National Park

Service (NPS) is giving notice of its

intent to establish a Negotiated

Rulemaking Committee to negotiate and

develop a proposed rule revising offroad vehicle use regulations at Cape Cod

National Seashore. NPS has determined

that the establishment of this Committee

is in the public interest and supports the

NPS in performing its duties and

responsibilities under the National Park

Service Organic Act, 16 U.S.C. 1 et seq.,

and the Endangered Species Act, 16

U.S.C. 1531 et seq. Copies of the

Committee’s charter will be filed with

the appropriate committees of Congress

and with the Library of Congress in

accordance with section 9(c) of the

Federal Advisory Committee Act

(FACA), 5 U.S.C. Appx.

DATES: NPS invites any interested

person to comment on the proposal to

create this Committee. In addition, NPS

invites persons who believe that they

will be significantly affected by the

proposed rule and who believe their

interests will not be adequately

represented by the persons identified in

this Notice, to apply for, or nominate

another person for membership on the

Committee. Each application must

contain the information described in the

‘‘Application for Membership’’ section

below. Applications or nominations for

membership on the Committee should

be submitted on or before June 19, 1995.

ADDRESSES: Comments and applications

should be submitted to: Andrew T.

Ringgold, Superintendent, Cape Cod

National Seashore, South Wellfleet, MA

02663. Comments and applications

received will be available for inspection

at the address listed above from 8:00

a.m. to 4:30 p.m. EST, Monday through

Friday.

FOR FURTHER INFORMATION CONTACT:

Andrew T. Ringgold, Superintendent,

Cape Cod National Seashore, at the

address listed above, or by telephone at

(508) 349–3785, ext. 202.

SUPPLEMENTARY INFORMATION: The

Committee’s function will be to

negotiate and develop a proposed rule

to revise regulations that govern off-road

vehicle use at Cape Cod National

Seashore. It will attempt, via face-to-face

negotiations, to reach consensus on

concepts and language to use as the

basis for a proposed rule to be published

by the NPS in the Federal Register that

would revise existing regulations

codified at 36 CFR 7.67(a). The existing

regulations have not been effective in

resolving longstanding and

controversial resource management and

public use conflicts at the Seashore.

With the participation of

knowledgeable, affected parties, NPS

expects to develop a practical approach

to addressing these management and

public use issues involving the

protection of beach environments, their

associated floral and faunal

communities, and the public’s desire for

access to beach areas by motorized

vehicle for fishing and other

recreational activities.

Scope of the Proposed Rule: Within

the constraints of NPS statutory

responsibilities to preserve natural and

cultural resources and to provide for

their enjoyment, the Committee will

evaluate and address key issues

including, but not limited to, the

designation of specific off-road vehicle

routes and areas, the periods of the year

and times of day during which off-road

vehicles may be operated, and other
26858 Federal Register / Vol. 60, No. 97 / Friday, May 19, 1995 / Proposed Rules

conditions that govern the operation of

off-road vehicles at Cape Cod National

Seashore. It is anticipated that the

Committee will develop proposed

regulations in all of the abovereferenced areas.

List of Interests Significantly Affected:

The NPS has identified a number of

interests who are likely to be affected

significantly by the rule. Those parties

are conservation and environmental

organizations, recreational fishing

organizations, off-road vehicle

organizations, local town governments,

commercial interests, and Federal, State

and regional land use management and

wildlife management agencies. Other

parties who believe they are likely to be

affected significantly by the Rule may

apply for membership on the Committee

pursuant to the ‘‘Application for

Membership’’ section below.

Proposed Agenda and Schedule for

Publication of Proposed Rule: Members

of the Committee, with the assistance of

a neutral facilitator, will determine the

agenda for the Committee’s work. The

NPS expects to publish a proposed rule

in the Federal Register before

September 30, 1995.

Records of Meetings: In accordance

with the requirements of the Federal

Advisory Committee Act, 5 U.S.C.

Appx. 1988, the NPS will keep a record

of all Committee meetings.

Administrative Support: To the extent

authorized by law, the NPS will fund

the costs of the Committee and provide

administrative support and technical

assistance for the activities of the

Committee. The NPS will also provide

staff expertise in resource management

and operations to facilitate the

Committee’s work.

Committee Membership: The

Negotiated Rulemaking Act limits

negotiated rulemaking committee

membership to 25 members. NPS

proposes the following membership for

the Cape Cod National Seashore OffRoad Vehicle Use Negotiated

Rulemaking Committee:

1. The interests of the Department of the

Interior will be represented by the

following two members:

a. National Park Service—Andrew T.

Ringgold

b. U.S. Fish & Wildlife Service—Sussi

von Oettingen

2. The interests of Environmental and

Conservation organizations will be

represented by the following four

members:

a. Association for the Preservation of

Cape Cod—Susan Nickerson

b. Conservation Law Foundation—

Emily Bateson

c. Massachusetts Audubon Society—

John Clarke

d. Sierra Club—David Dow

3. The interests of recreation/public use

organizations will be represented by

the following four members:

a. Cape Cod Salties—Louis MacKeil

b. Citizens Concerned for Seacoast

Management—Ignatius Piazza

c. Highland Fish and Game Club—

Arthur Parker

d. Massachusetts Beach Buggy

Association—Ron Hebb—(508–881–

6807)

4. The interests of the Commonwealth of

Massachusetts will be represented

by the following three members:

a. Massachusetts Coastal Zone

Management Agency—Pamela

Rubinoff

b. Massachusetts Department of

Environmental Protection—

Elizabeth Kouloharis

c. Massachusetts Division of Fisheries

and Wildlife—Thomas French

5. Regional planning, land use, tourism

and economic development

interests will be represented by two

members:

a. Cape Cod Chamber of Commerce—

Michael Frucci

b. Cape Cod Commission—Armando

Carbonell

6. The interests of local town

governments and residents will be

represented by 6 members:

a. Provincetown—Irene Rabinowitz

b. Truro—Robert Martin

c. Wellfleet—Robert Costa

d. Eastham—Henry Lind

e. Orleans—Paul Fulcher

f. Chatham—Wayne Love.

Application for Membership: Persons

who believe they will be significantly

affected by proposals to revise off-road

vehicle use regulations at Cape Cod

National Seashore and who believe that

interests will not be adequately

represented by any person identified in

the ‘‘Committee Membership’’ section

above, may apply for, or nominate

another person for membership on the

Cape Cod National Seashore Off-road

Vehicle Use Negotiated Rulemaking

Committee. In order to be considered

complete, each application or

nomination must include:

1. The name of the applicant or

nominee and a description of the

interest(s) such person will represent;

2. Evidence that the applicant or

nominee is authorized to represent

parties related to the interest(s) the

person proposed to represent;

3. A written commitment that the

applicant or nominee will actively

participate in good faith in the

development of the proposed rule; and

4. The reasons that the proposed

members of the committee identified

above do not represent the interests of

the person submitting the application or

nomination.

To be considered, the application

must be complete and received by the

close of business on June 19, 1995 at the

location indicated in the ‘‘Address’’

section above. NPS will give full

consideration to all applications and

nominations timely submitted. The

decision whether or not to add a person

to the Cape Cod National Seashore OffRoad Vehicle Use Negotiated

Rulemaking Committee will be based on

NPS’s determination whether an interest

of that person will be significantly

affected by the proposed rule, whether

that interest is already adequately

represented on the Committee, and if

not, whether the applicant or nominee

would adequately represent it.

Certification

I hereby certify that the administrative

establishment of the Cape Cod National

Seashore Off-Road Vehicle Use Negotiated

Rulemaking Advisory Committee is

necessary and in the public interest in

connection with the performance of duties

imposed on the Department of the Interior by

the Act of August 25, 1916, 16 U.S.C. 1 et

seq. and other statutes relating to the

administration of the National Park System.

Dated: March 9, 1995.

Bruce Babbitt,

Secretary of the Interior.

[FR Doc. 95–12374 Filed 5–18–95; 8:45 am]

BILLING CODE 4310–70–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IL12–42–7001; FRL–5208–5]

Approval and Promulgation of

Implementation Plans; Illinois

AGENCY: Environmental Protection

Agency.

ACTION: Proposed rule; extension of the

public comment period.

SUMMARY: The United States

Environmental Protection Agency

(USEPA) promulgated the Chicago

ozone Federal Implementation Plan

(FIP) on June 29, 1990. Included in

USEPA’s FIP was a requirement that

staple manufacturing facilities such as

Duo-Fast Corporation’s Franklin Park,

Illinois facility be subject to specific

emission limits. On November 27, 1990,

Duo-Fast filed a petition for

reconsideration with USEPA in which it

contended that USEPA failed to respond

to Duo-Fast’s March 2, 1990, comments

in response to USEPA’s December 27,

1990, proposed promulgation of the