Federal Register / Vol. 60, No. 28 / Friday, February 10, 1995 / Proposed Rules 7925

1When the Commission recently adopted rules

concerning risk assessment for holding company

systems, 59 FR 66674 (Dec. 28, 1994), it added a

provision to Rule 1.12 requiring FCMs subject to the

risk assessment rules to provide notice of adjusted

net capital reductions in excess of 20 percent. The

proposal would extend that requirement to all

FCMs.

The Withdrawal

Accordingly, the notice of proposed

rulemaking, Docket 94–NM–70–AD,

published in the Federal Register on

July 27, 1994 (59 FR 38141), is

withdrawn.

Issued in Renton, Washington, on February

6, 1995.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–3358 Filed 2–9–95; 8:45 am]

BILLING CODE 4910–13–U

COMMODITY FUTURES TRADING

COMMISSION

17 CFR Part 1

Early Warning Reporting Requirements

for Futures Commission Merchants

AGENCY: Commodity Futures Trading

Commission.

ACTION: Extension of comment period.

SUMMARY: On December 28, 1994, the

Commodity Futures Trading

Commission (Commission) published in

the Federal Register a request for public

comment on proposed rules to amend

the early warning reporting

requirements for futures commission

merchants (FCMs) set forth in

Commission Rule 1.12. The original

comment period expired on January 27,

1995. 59 FR 66822.

The proposed rules would require an

FCM to report in accordance with

Commission Rule 1.12 whenever: There

is a reduction in adjusted net capital in

excess of 20 percent of the amount

reported in the last financial report filed

with the Commission; 1 a margin call

that exceeds the FCM’s excess adjusted

net capital remains unanswered by the

close of business on the day following

the issuance of the call; or the FCM’s

excess adjusted net capital is less than

six percent of the maintenance margin

required to support proprietary and

noncustomer positions carried by the

FCM.

The Securities Industry Association

requested a thirty-day extension of the

comment period in order that its Capital

Committee may have sufficient

opportunity to consider these proposals.

In order to ensure that all interested

parties have an adequate opportunity to

submit meaningful comments, the

Commission has determined to extend

the comment period for an additional

thirty days.

DATES: Comments must be received on

or before February 27, 1995.

ADDRESSES: Comments should be sent to

Jean A. Webb, Secretary of the

Commission, Commodity Futures

Trading Commission, 2033 K Street

NW., Washington, DC 20581.

FOR FURTHER INFORMATION CONTACT: Paul

H. Bjarnason, Jr., Chief Accountant, or

Lawrence B. Patent, Associate Chief

Counsel, Division of Trading and

Markets, Commodity Futures Trading

Commission, 2033 K Street, NW.

Washington, DC 20581; telephone (202)

254–8955.

Issued in Washington, DC on February 6,

1995, by the Commission.

Jean A. Webb,

Secretary of the Commission.

[FR Doc. 95–3362 Filed 2–9–95; 8:45 am]

BILLING CODE 6351–01–M

SUSQUEHANNA RIVER BASIN

COMMISSION

18 CFR Parts 803, 804 and 805

Review and Approval of Projects;

Special Regulations and Standards;

Hearings/Enforcement Actions

AGENCY: Susquehanna River Basin

Commission.

ACTION: Public hearing on rulemaking

and addition to comprehensive plan.

SUMMARY: The Susquehanna River Basin

Commission published in the Federal

Register of June 8, 1994 (59 FR 29563)

proposed rules on procedures for review

of projects which also contained special

review and approval requirements for

consumptive uses of water, groundwater withdrawals and surface water

withdrawals. Rules were also proposed

setting special standards for water

conservation and water use registration,

and establishing hearing and

enforcement procedures. A series of

eight hearings were held during the

summer of 1994 at various locations.

This document announces: That the

consumptive use portion of the

proposed rulemaking action (§ 803.42)

will be deferred pending further

consultation with the regulated

community; and that a final informal

public hearing will be held on the nonconsumptive use portion of the

proposed rules.

DATES: The public hearing will be held

on March 9, 1995, beginning at 9:00 a.m.

Written comments on the nonconsumptive use portion of the

proposed rules should be submitted by

March 9, 1995.

ADDRESSES: The public hearing will be

held at the Radisson Penn Harris Hotel

and Convention Center, room Keystone

E, 1150 Camp Hill By-Pass, Camp Hill,

PA. Comments should be addressed to

Richard A. Cairo, General Counsel/

Secretary, Susquehanna River Basin

Commission, 1721 N. Front Street,

Harrisburg, PA 17102–2391.

FOR FURTHER INFORMATION CONTACT:

Richard A. Cairo, General Counsel/

Secretary, SRBC, 717–238–0423.

SUPPLEMENTARY INFORMATION: The

Susquehanna River Basin Commission

will hold a final public hearing on the

non-consumptive use portion of a

proposed rulemaking action in

conjunction with its regular meeting on

March 9, 1995 at the Radisson Penn

Harris Hotel and Convention Center,

Room Keystone E, 1150 Camp Hill ByPass, Camp Hill, PA., beginning at 9:00

a.m. This hearing will also cover a

proposal to incorporate the proposed

rules into the SRBC Comprehensive

Plan. The proposed rules were

published in the Federal Register on

June 8, 1994 at p. 29563. Eight public

hearings were held during the summer

of 1994 at various locations throughout

the basin.

In response to the comments received

at these hearings, a number of changes

have been made in the proposed rules,

the most notable of which is the

withdrawal of proposed § 803.42 on the

consumptive use of water. In place of

the proposed § 803.42, the Commission

will substantially retain its present

consumptive use regulation found in the

Code of Federal Regulations at 18 CFR

§ 803.61. The Commission will continue

the suspension of the consumptive use

regulation with respect to agricultural

consumptive uses while it works with

representatives of the agricultural

community to develop an appropriate

approach to the management of

agricultural related water use. Public

water suppliers will also be consulted

on the issue of consumptive use within

their distribution systems.

The scope of this final public hearing

will be limited to the non-consumptive

use portion of the proposed rulemaking

action. This portion of the regulation

contains such items as a new surface

water regulation, water use registration,

approval durations, and new procedures

for processing project applications.

Procedures for notifying the public of

pending applications and for holding

public hearings are also strengthened.

The hearing will be informal in

nature. Comments should be limited to
7926 Federal Register / Vol. 60, No. 28 / Friday, February 10, 1995 / Proposed Rules

the non-consumptive use portion of the

proposed regulations. The Commission

reserves the right to limit oral testimony

in the interest of time. Written

comments submitted at or before the

hearing will also be accepted and made

a part of the hearing record. All written

comments should be submitted by

March 9, 1995.

Copies of the latest version of the

proposed rules and a responsiveness

document explaining why changes were

made area available upon request to the

Commission at 1721 N. Front Street,

Harrisburg, PA. 17102–2391, 717/238–

0423. Written comments may be

submitted to and further information

obtained from Richard A. Cairo, General

Counsel/Secretary, at the same address

and phone number.

Dated: February 3, 1995.

Paul O. Swartz,

Executive Director.

[FR Doc. 95–3263 Filed 2–9–95; 8:45 am]

BILLING CODE 7040–01–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: Proposed rule; public comment

period and opportunity for public

hearing on proposed amendment.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the Navajo

Nation AMLR plan (hereinafter referred

to as the ‘‘Navajo Nation plan’’) under

the Surface Mining Control and

Reclamation Act of 1977 (30 U.S.C. 1201

et seq.) (SMCRA). The proposed

amendment consists of the addition of

interim program coal site provisions to

the Navajo Nation’s AMLR Code of

1987. The amendment is intended to

revise the Navajo Nation plan to be

consistent with SMCRA, and to improve

operational efficiency.

DATES: Written comments must be

received by 4:00 p.m., m.s.t., March 13,

1995. If requested, a public hearing on

the proposed amendment will be held

on March 7, 1995. Requests to present

oral testimony at the hearing must be

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

27, 1995.

ADDRESSES: Written comments should

be mailed or hand delivered to Thomas

E. Ehmett at the address listed below.

Copies of the Navajo Nation 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 Albuquerque Field

Office.

Thomas E. Ehmett, Acting Director,

Albuquerque Field Office, Office of

Surface Mining Reclamation and

Enforcement, 505 Marquette Avenue,

NW., Suite 1200, Albuquerque, New

Mexico 87102;

The Navajo Nation, P.O. Box 308,

Window Rock, Arizona 86515,

Telephone: (602) 871–4941.

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 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. Lands

and waters eligible for reclamation

under Title IV are those that were mined

or affected by mining and abandoned or

inadequately reclaimed prior to August

3, 1977, and for which there is no

continuing reclamation responsibility

under State, Federal, Tribal, or other

laws.

Title IV provides for State and Tribal

submittal to OSM of an AMLR plan. The

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 Tribe 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’s or Tribe’s

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 approval 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 Nation

Plan

On May 16, 1988, the Secretary of the

Interior approved the Navajo Nation

plan. General background information

on the Navajo Nation plan, including

the Secretary’s findings, the disposition

of comments, and the approval of the

Navajo Nation plan can be found in the

May 16, 1988, Federal Register (53 FR

17186). Approval of the Navajo Nation

plan is codified at 30 CFR 756.13.

Subsequent actions concerning the

Navajo Nation 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 the proposed

amendment to its plan pursuant to

SMCRA (administrative record No. NA–

227). The Navajo Nation submited 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 proposes to add new

language to its Code at section 404(b) to

provide:

Lands and waters also eligible for

reclamation on the Navajo Nation are those

which were damaged and abandoned after

August 3, 1977 by coal mining processes if

the Director finds in writing that:

(1) They were mined for coal or affected by

coal mining processes; and

(2) The mining occurred and the site was

left in either an unreclaimed or inadequately

reclaimed condition between August 4, 1977

and September 18, 1984; or

(3) The mining occurred and the site was

left in either an unreclaimed or inadequately

reclaimed condition between August 4, 1977

and ending on November 5, 1990, and that

the surety of the mining operator became

insolvent during such period and as of

November 5, 1990, funds immediately

available from proceedings relating to such

insolvency or from any financial guarantee or

other source are not sufficient to provide