26704 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager,

Standardization Branch. ANM–113, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Standardization

Branch, ANM–113.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(c) Special flight permits may be issued in

accordance with §§ 21.197 and 21.199 of the

Federal Aviation Regulations (14 CFR 21.197

and 21.199) to operate the airplane to a

location where the requirements of this AD

can be accomplished. Issued in Renton,

Washington, on May 12, 1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–12209 Filed 5–17–95; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 950

Wyoming Abandoned Mine Land

Reclamation (AMLR) Plan

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing on proposed amendment.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the Wyoming

AMLR plan (hereinafter, the ‘‘Wyoming

plan’’) under the Surface Mining

Control and Reclamation Act of 1977

(SMCRA). The proposed amendment

consists of the addition of new

provisions to the Wyoming plan

concerning noncoal lien authority and

contractor eligibility. The amendment is

intended to incorporate the additional

flexibility afforded by SMCRA, as

amended by the Omnibus Budget

Reconciliation Act of 1990, and to

improve operational efficiency.

DATES: Written comments must be

received by 4:00 p.m., m.d.t., June 19,

1995. If requested, a public hearing on

the proposed amendment will be held

on June 12, 1995. Requests to present

oral testimony at the hearing must be

received by 4:00 p.m., m.d.t., on June 2,

1995.

ADDRESSES: Written comments should

be mailed or hand delivered to Guy

Padgett at the address listed below.

Copies of the Wyoming plan, 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,

Wyoming 82601–1918.

Bill Garland, Department of

Environmental Quality, Abandoned

Mine Land Division, Herschler

Building, Third Floor West, 122 West

25th Street, Cheyenne, Wyoming

82002, Telephone: (307) 777–6145.

FOR FURTHER INFORMATION CONTACT: Guy

Padgett, Telephone: (307) 261–5776.

SUPPLEMENTARY INFORMATION:

I. Background on the Wyoming AMLR

Plan

On February 14, 1983, the Secretary of

the Interior approved the Wyoming

plan. Information pertaining to the

general background, revisions, and

amendments to the initial plan

submission, as well as the Secretary’s

findings, the disposition of comments,

and the approval of the Wyoming plan

can be found in the February 14, 1983,

Federal Register (48 FR 6536).

Subsequent actions concerning

Wyoming’s plan and plan amendments

can be found at 30 CFR 950.30 and

950.35.

II. Proposed Amendment

By letter dated April 21, 1995

(administrative record No. WY–AML–

018–8), Wyoming submitted a proposed

amendment to its AMLR plan pursuant

to SMCRA. Wyoming submitted the

proposed amendment at its own

initiative to allow the implementation of

two initiatives established under

Omnibus Budget Reconciliation Act of

1990 (Pub. L. 101–508). Wyoming

proposes to revise its AMLR plan at

Wyoming Statute (W.S.) 35–11–1206 (a)

and (b) to (1) authorize liens against

privately-owned land adversely affected

by past coal or mineral mining

practices, (2) limit the amount of any

lien to the cost of reclamation work or

to the amount determined by the

appraisal to be the increase in the fair

market value of the land as a result of

the restoration, reclamation, abatement,

control or prevention of the adverse

effects of past coal or noncoal mining

practices, whichever is less, (3) allow

the landowner to petition the district

court for the district in which most of

the land is located within 60 days of the

filing of the lien to determine the

increase in the fair market value of the

land, and (4) provide that the amount

reported to be the increase in the value

of the land, but not exceeding the cost

of the reclamation work, shall constitute

the amount of the lien. Wyoming also

proposes that the revisions to W.S. 35–

11–1206 (a) and (b) shall take effect on

July 1, 1995.

Wyoming proposes to create W.S. 35–

11–1209 to (1) prohibit the issuance of

contracts under the AMLR program to

any construction contractor or

professional services contractor if any

surface coal mining and reclamation

operation owned or controlled by the

contractor or any person who owns or

controls the contractor has failed to pay

its coal reclamation fees or has other

types of violations, (2) provide that the

term ‘‘ownership or controlling interest’’

means as defined in the Federal

regulations at 30 CFR 773.5, and (3)

provide that the Wyoming AMLR

program will implement the provisions

of this section for all new contracts

awarded after April 1, 1995.

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 884.15(a) and 884.14(a), OSM is

seeking comments on whether the

proposed amendment satisfies the

applicable plan approval criteria of 30

CFR 884.14. If the amendment is

deemed adequate, it will become part of

the Wyoming plan.

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 p.m., m.d.t.,

June 2, 1995. The location and time of

the hearing will be arranged with those

persons requesting the hearing. Any

disabled individual who has need for a

special accommodation to attend a

public hearing should contact the

individual listed under FOR FURTHER
Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Proposed Rules 26705

INFORMATION CONTACT. 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 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 AMLR plans

and revisions thereof since each such

plan is drafted and promulgated by a

specific State, not by OSM. Decisions on

proposed State AMLR plans and

revisions thereof submitted by a State

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 title since agency

decisions on proposed State 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 State 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 State. 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 950

Intergovernmental relations, Surface

mining, Underground mining.

Dated: May 12, 1995.

John Heider,

Acting Regional Director, Western Regional

Coordinating Center.

[FR Doc. 95–12264 Filed 5–17–95; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

[DoD 6010.8–R]

RIN 0720–AA29

Civilian Health and Medical Program of

the Uniformed Services (CHAMPUS);

Clarification of the CHAMPUS

Definition of Experimental

AGENCY: Office of the Secretary, DoD.

ACTION: Proposed rule.

SUMMARY: This rule proposes to clarify

the CHAMPUS definition of

‘‘experimental’’ and describes the

process that the Office of CHAMPUS

follows in determining when an

experimental procedure has moved from

the status of experimental to the

position of nationally accepted medical

practice. This clarification is necessary

to ensure the CHAMPUS beneficiary

and provider population understand the

process the Office of CHAMPUS

(OCHAMPUS) follows prior to

endorsement by CHAMPUS of a new

emerging medical technology, drug, or

device for which the safety and efficacy

have been proven to be comparable or

superior to conventional therapies.

DATES: Written public comments must

be received on or before July 17, 1995.

ADDRESSES: Forward comments to the

Office of the Civilian Health and

Medical Program of the Uniformed

Services (OCHAMPUS), Program

Development Branch, Aurora, CO

80045–6900.

FOR FURTHER INFORMATION CONTACT:

Ruth Smith, Program Development

Branch, OCHAMPUS, telephone (303)

361–1181.

SUPPLEMENTARY INFORMATION:

A. Discussion of CHAMPUS Policy

Under statutes governing CHAMPUS

including 10 U.S.C. 1079, CHAMPUS

payments are prohibited for health care

services that are ‘‘not medically or

psychologically necessary.’’ The

purpose of this provision, common in

health care payment programs, is to

prevent CHAMPUS beneficiaries from

being exposed to less than fully

developed and tested medical

procedures and to avoid the associated

risk of unnecessary unproven treatment.

CHAMPUS regulations and program

policies restrict benefits to those

procedures for which the safety and

efficacy have been proven to be

comparable or superior to conventional

therapies. In general, the CHAMPUS

regulations and program policies

exclude cost-sharing of procedures

which are experimental or

investigational. The evolution of any

medical technology or procedure from

experimental status to one of national

acceptance is often controversial, with

those members of the medical

community who are using and

promoting the procedure arguing that

the procedure has national acceptance.

In determining whether a procedure is

investigational, CHAMPUS uses the

following hierarchy of assessment

sources: