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
Federal Register / Vol. 60, No. 28 / Friday, February 10, 1995 / Proposed Rules 7927

adequate reclamation or abatement at the

site; and

(4) The site qualifies as a priority site; and

two site pursuant to section 403(a)(1) and (2)

of SMCRA. Priority will be given to those

sites which are in the immediate vicinity of

a residential area or which have an adverse

economic impact upon a community.

IV. Public Comment Procedures

In accordance with the provisions of

30 CFR 884.14 and 884.15(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 Navajo Nation 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 Albuquerque

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 4:00 p.m.,

m.s.t., February 27, 1995. Any disabled

individual who has need for a special

accommodation to attend a public

hearing should contact the individual

listed under FOR FURTHER INFORMATION

CONTACT. The location and time of the

hearing will be arranged with those

persons requesting the hearing. 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.

V. 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 or Tribal AMLR

plans and revisions thereof since each

such plan is drafted and promulgated by

a specific State or Tribe, not by OSM.

Decisions on proposed State or Tribe

AMLR plans and revisions thereof

submitted by a State or Tribe 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 rule since agency

decisions on proposed State or Tribe

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 Tribal 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 Tribe. 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 756

Abandoned mine land reclamation

program, Indian lands.

Dated: February 2, 1995.

Charles E. Sandberg,

Acting Assistant Director, Western Support

Center.

[FR Doc. 95–3314 Filed 2–9–95; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Chapter I

[CGD 94–100]

Withholding of Vessel Clearances or

Permits; Identification of Satisfactory

Sureties in Lieu of Clearance or Permit

Denial

AGENCY: Coast Guard, DOT.

ACTION: Request for comments.

SUMMARY: The Coast Guard is

authorized, under several statutes, to

request that the Customs Service refuse

or revoke a vessel’s clearance if the

vessel’s owner or operator may be

subject to a penalty for violating the

provisions of the authorizing statutes.

These statutes also provide that the

vessel may be cleared upon the filing of

a bond or other surety satisfactory to the

Coast Guard. However, because there

are currently no uniform standards

governing the form and terms of an

acceptable surety, the policies applied

have differed among the Coast Guard

districts. The Coast Guard is requesting

comments on what problems, if any, are

created by these variations and what

solutions, if any, are desirable. The

Coast Guard may initiate rulemaking

based upon the comments received.

DATES: Comments must be received on

or before April 11, 1995.

ADDRESSES: Comments may be mailed to

the Executive Secretary, Marine Safety

Council (G–LRA/3406) (CGD 94–100),