Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Proposed Rules 10531

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 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 hearing

will end after all persons scheduled to

speak and persons present in the

audience who wish to speak have been

heard.

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.

Public Meeting

If only one person requests an

opportunity to speak 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

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

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 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 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 913

Intergovernmental relations, Surface

mining, Underground mining.

Dated: February 16, 1995.

Richard Seibel,

Acting Assistant Director, Eastern Support

Center.

[FR Doc. 95–4681 Filed 2–24–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 944

Utah Regulatory Program

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 Utah

regulatory program (hereinafter, the

‘‘Utah program’’) under the Surface

Mining Control and Reclamation Act of

1977 (30 U.S.C. 1201 et seq., SMCRA).

The proposed amendment consists of

revisions to rules pertaining to civil

penalties. The amendment is intended

to revise Utah’s rules to be consistent

with recently promulgated revisions to

the Utah Coal Reclamation Act of 1979

(Utah Administrative Code (UCA) 40–10

et seq.).

DATES: Written comments must be

received by 4:00 p.m., m.s.t., March 29,

1995. If requested, a public hearing on

the proposed amendment will be held

on March 24, 1995. Requests to present

oral testimony at the hearing must be

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

14, 1995.

ADDRESSES: Written comments should

be mailed or hand delivered to Thomas

E. Ehmett at the address listed below.

Copies of the Utah program, the

proposed amendment, and all written

comments received in response to this

document will be available for pubic

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

Utah Coal Regulatory Program, Division

of Oil, Gas and Mining, 355 West

North Temple, 3 Triad Center, Suite

350, Salt Lake City, Utah 84180–1203,

Telephone: (801) 538–5340

FOR FURTHER INFORMATION CONTACT:

Thomas E. Ehmett, Telephone: (505)

766–1486.

SUPPLEMENTARY INFORMATION:

I. Background on the Utah Program

On January 21, 1981, the Secretary of

the Interior conditionally approved the

Utah program. General background

information on the Utah program,
10532 Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Proposed Rules

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval of the Utah

program can be found in the January 21,

1981, Federal Register (46 FR 5899).

Subsequent actions concerning Utah’s

program and program amendments can

be found at 30 CFR 944.15, 944.16, and

944.30.

II. Proposed Amendment

By letter dated February 10, 1995,

Utah submitted a proposed amendment

to its program pursuant to SMCRA

(administrative record No. UT–1019).

Utah submitted the proposed

amendment at its own initiative. The

provisions of Utah Coal Maining Rules

that Utah proposes to revise are: Utah

Administrative Rules (Utah Adm. R.)

645–401–100, 400, 700, 800, and 900,

concerning civil penalties, and Utah

Admin. R. 645–402–100 and 400,

concerning individual civil penalties.

Specifically, Utah proposes to revise

Utah Admin. R. 645–401–120, 645–401–

410, 645–401–721, 645–401–723.100,

645–401–742, 645–401–910, 645–402–

120, 645–402–420, and 645–402–422 by

replacing the term ‘‘Board’’ with the

term ‘‘Division,’’ so that the

responsibilities for procedures involving

the assessment of civil penalties,

informal assessment conferences, and

lien waivers are shifted from the Utah

Board of Oil, Gas, and Mining to the

Utah Division of Oil, Gas, and Mining;

Utah Admin. R. 645–401–430 by adding

the acronym ‘‘UCA’’ prior to references

to UCA 40–10 et seq.; Utah Admin. R.

645–401–810 by adding the phrase ‘‘of

receipt’’ in order to clarify that a

permittee may contest a proposed civil

penalty or fact of violation within 30

days of receipt of the proposed

assessment or reassessment; Utah

Admin. R. 645–401–830 by stating that

the formal review of the violation fact or

penalty will be conducted by the Board

under the provisions of the procedural

rules of the Board; and Utah Admin. R.

645–401–910 by clarifying that, if the

permittee fails to request a formal

hearing, the penalty assessed will

become due and payable after, among

other things, the Division fulfills its

responsibilities under UCA 40–10–

20(3)(e);

III. Public Comment Procedures

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

Utah program.

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. on March 14, 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.

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

SMRCA (30 U.S.C. 1253 and 1255) 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 State 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
Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Proposed Rules 10533

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 944

Intergovernmental relations, Surface

mining, Underground mining.

Dated: February 21, 1995.

Peter A. Rutledge,

Acting Assistant Director, Western Support

Center.

[FR Doc. 95–4682 Filed 2–24–95; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TN 110–1–6172b; FRL–5144–1]

Approval and Promulgation of

Implementation Plans Tennessee:

Approval of Revisions to the

Tennessee Chapter on Volatile Organic

Compounds (VOC)

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes to approve

the State Implementation Plan (SIP)

revisions submitted by the State of

Tennessee for the purpose of

establishing regulations for the control

of Volatile Organic Compounds (VOC)

which meet the requirements of section

182(b)(2) of the 1990 amendments to the

Clean Air Act (CAA). In the final rules

section of this Federal Register, the EPA

is approving the State’s SIP revision as

a direct final rule without prior proposal

because the Agency views this as a

noncontroversial revision amendment

and anticipates no adverse comments. A

detailed rationale for the approval is set

forth in the direct final rule. If no

adverse comments are received in

response to that direct final rule, no

further activity is contemplated in

relation to this proposed rule. If EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. The EPA

will not institute a second comment

period on this document. Any parties

interested in commenting on this

document should do so at this time.

DATES: To be considered, comments

must be received by March 29, 1995.

ADDRESSES: Written comments should

be addressed to William Denman at the

Region 4 address below. Copies of the

material submitted by the State of

Tennessee may be examined during

normal business hours at the following

locations:

Environmental Protection Agency,

Region 4 Air Programs Branch, 345

Courtland Street NE, Atlanta, Georgia

30365.

Division of Air Pollution Control,

Tennessee Department of

Environment and Conservation, L & C

Annex, 9th Floor, 401 Church Street,

Nashville, Tennessee 37243–1531.

FOR FURTHER INFORMATION CONTACT:

William Denman, Stationary Source

Planning Unit, Regulatory Planning and

Development Section, Air Programs

Branch, Air, Pesticides & Toxics

Management Division, Environmental

Protection Agency Region 4, 345

Courtland Street, NE, Atlanta, Georgia

30365. The telephone number is (404)

347–3555 extension 4208. Reference file

TN110–01–6172.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule which is published in the

rules section of this Federal Register.

Dated: January 9, 1995.

Patrick M. Tobin,

Acting Regional Administrator.

[FR Doc. 95–4540 Filed 2–24–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Parts 3400, 3470, and 3480

[WO–300–4120–02–24 1A]

RIN: 1004–AC15

Logical Mining Units (LMU’s) in

General; LMU Application Procedures;

LMU Approval Criteria; LMU Diligence;

and Administration of LMU Operations:

Extension of Comment Period

AGENCY: Bureau of Land Management,

Interior.

ACTION: Proposed rule; extension of

comment period.

SUMMARY: A proposed rule amending

the regulations relating to logical mining

units (LMU’s) for coal mining

operations was published in the Federal

Register on Wednesday, December 28,

1994 (59 FR 66874), with a 60-day

comment period expiring February 27,

1995. The comment period is being

extended for 30 days in response to

public request.

DATES: The period for the submission of

comments is hereby extended until

March 29, 1995. Comments postmarked

after this date will not be considered as

part of the decisionmaking process on

issuance of the final rule.

ADDRESSES: Comments should be sent to

the Regulatory Management Team (120),

Bureau of Land Management, Room

5555, Main Interior Building, 1849 C

Street, N.W., Washington, D.C. 20240.

Comments will be available for public

review at the above address during

regular business hours (7:45 a.m. to 4:15

p.m.), Monday through Friday.

FOR FURTHER INFORMATION CONTACT:

William Radden-Lesage, (202) 452–

0350.

Dated: February 21, 1995.

Sylvia V. Baca,

Acting Assistant Secretary of the Interior.

[FR Doc. 95–4679 Filed 2–24–95; 8:45 am]

BILLING CODE 4310–84–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 95–25, RM–8588]

Radio Broadcasting Services;

Waldport, Oregon

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by Jarvis

Communications, Inc., seeking the

allotment of Channel 288A to Waldport,

OR, as the community’s first local FM

service. Channel 288A can be allotted to

Waldport in compliance with the

Commission’s minimum distance

separation requirements with a site

restriction of 12.4 kilometers (7.7 miles)

northwest, at coordinates 44–32–17

North Latitude and 124–03–37 West

Longitude, to avoid a short-spacing to

vacant but applied-for Channel 288A at

Cottage Grove, OR.

DATES: Comments must be filed on or

before April 14, 1995, and reply

comments on or before May 1, 1995.

ADDRESSES: Federal Communications

Commission, Washington, D.C. 20554.

In addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: Matt Jarvis, Jarvis

Communications, Inc., Radio Station

KORC-AM, P.O. Box 1419, Waldport,

OR 97394 (Petitioner).

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.