Federal Register / Vol. 60, No. 41 / Thursday, March 2, 1995 / Proposed Rules 11639

terminating action for the repetitive

inspection requirement of this AD.

(d) Special flight permits may be issued in

accordance with sections 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.

(e) An alternative method of compliance or

adjustment of the initial and repetitive

compliance times that provides an equivalent

level of safety may be approved by the

Manager, Brussels Aircraft Certification

Office (ACO), Europe, Africa, Middle East

office, FAA, c/o American Embassy, B–1000,

Brussels, Belgium. The request should be

forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Brussels ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Brussels ACO.

(f) All persons affected by this directive

may obtain copies of the documents referred

to herein upon request to Jetstream Aircraft

Limited, Manager Product Support,

Prestwick Airport, Ayrshire, KA9 2RW

Scotland; or Jetstream Aircraft Inc., Librarian,

P.O. Box 16029, Dulles International Airport,

Washington, DC 20041–6029; or may

examine these documents at the FAA,

Central Region, Office of the Assistant Chief

Counsel, Room 1558, 601 E 12th Street,

Kansas City, Missouri 64106.

(g) This amendment supersedes AD 83–05–

01, Amendment 39–4573.

Issued in Kansas City, Missouri, on

February 24, 1995.

Barry D. Clements,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 95–5122 Filed 3–1–95; 8:45 am]

BILLING CODE 4910–13–U

RAILROAD RETIREMENT BOARD

20 CFR Part 200

[RIN 3220–AB12]

General Administration

AGENCY: Railroad Retirement Board.

ACTION: Proposed rule.

SUMMARY: The Railroad Retirement

Board (Board) proposes to amend its

regulations to explain when the Board

will provide custom tailored

information to a member of the public

and to set forth the charges for such

special services. The Board also

proposes to amend its regulations to

explain when the Board may provide

custom tailored information without

charging for that service.

DATES: Comment shall be submitted on

or before May 1, 1995.

ADDRESSES: Secretary to the Board,

Railroad Retirement Board, 844 Rush

Street, Chicago, Illinois 60611.

FOR FURTHER INFORMATION CONTACT:

Michael C. Litt, Bureau of Law, Railroad

Retirement Board, 844 Rush Street,

Chicago, Illinois 60611, (312) 751–4929,

TDD (312) 751–4701.

SUPPLEMENTARY INFORMATION: OMB

Circular A–25 establishes Federal policy

regarding fees to be assessed for special

benefits. In the case of the Railroad

Retirement Board those benefits would

be the provision of custom tailored or

non-routine information services. The

Board proposes to require payment of

the Board’s actual costs, as defined in

the proposed rule, for the provision of

such services. Consistent with OMB

Circular A–25, the proposed rule

provides that if it is determined that the

identity of the specific beneficiary is

obscure and that provision of the

information can be considered primarily

as benefiting broadly the general public,

then the Board may determine in a

particular case not to charge for the

service. However, consistent with the

authority contained in section 12(d) of

the Railroad Unemployment Insurance

Act (which is incorporated into the

Railroad Retirement Act by section

7(b)(3) of the Act), the proposed

regulation provides that charges may be

assessed in any specific case. This

regulation does not cover information

which is required to be disclosed by

statute or regulation such as information

required to be disclosed under the

Freedom of Information Act.

The Board, in conjunction with the

Office of Management and Budget, has

determined that this is not a significant

regulatory action for purposes of

Executive Order 12866. Therefore, no

regulatory impact analysis is required.

There are no information collections

associated with this rule.

List of Subjects in 20 CFR Part 200

Railroad employees, Railroad

retirement, Railroad unemployment

insurance.

For the reasons set out in the

preamble, title 20, chapter II, part 200 of

the Code of Federal Regulations is

proposed to be amended as follows:

PART 200—GENERAL

ADMINISTRATION

1. The authority citation for part 200

continues to read as follows:

Authority: 45 U.S.C. 231f(b)(5) and 45

U.S.C. 362; § 200.4 also issued under 5 U.S.C.

552; § 200.5 also issued under 5 U.S.C. 552a;

§ 200.6 also issued under 5 U.S.C. 552b; and

§ 200.7 also issued under 31 U.S.C. 3717.

2. Section 200.4 is amended by

adding paragraphs (o) and (p) to read as

follows:

§ 200.4 Availability of information to

public.

* * * * *

(o) Custom Tailored Information

Services; Fees Charged.

This paragraph and paragraph (p) of

this section set forth the policy of the

Railroad Retirement Board with respect

to the assessment of a fee for providing

custom tailored information where

requested. Except as provided in

paragraphs (o)(4) (vii) and (p) of this

section, a fee shall be charged for

providing custom tailored information.

(1) Definition: Custom tailored

information. Custom tailored

information is information not

otherwise required to be disclosed

under this part but which can be created

or extracted and manipulated,

reformatted, or otherwise prepared to

the specifications of the requester from

existing records. For example, the Board

needs to program computers to provide

data in a particular format or to compile

selected items from records, provide

statistical data, ratios, proportions,

percentages, etc., and this data is not

already compiled and available, the end

product would be the result of custom

tailored information services.

(2) Providing custom tailored

information. The Board is not required

to provide custom tailored information.

It will do so only when the appropriate

fees have been paid as provided in

paragraph (o)(4) of this section and

when the request for such information

will not divert staff and equipment from

the Board’s primary responsibilities.

(3) Requesting custom tailored

information. Information may be

requested in person, by telephone, or by

mail. Any reuqest should reasonably

describe the information wanted and

may be sent to the Director of

Administration, Railroad Retirement

Board, 844 North Rush Street, Chicago,

Illinois 60611–2092.

(4) Fee schedule. Request for custom

tailored information are chargeable

according to the following schedule:

(i) Manual searching for records. Full

cost of the time of the employees who

perform the service, even if records

cannot be found, management and

supervisory costs, plus the full costs of

any machine time and materials the

employee uses. Consulting and other

indirect costs will be assessed as

appropriate.

(ii) Photocopying or reproducing

records on magnetic tapes or computer

diskettes. The charge for making

photocopies of any size document shall
11640 Federal Register / Vol. 60, No. 41 / Thursday, March 2, 1995 / Proposed Rules

be $.10 per copy per page. The charge

for reproducing records on magnetic

tapes or computer diskettes is the full

cost of the operator’s time plus the full

cost of the machine time and the

materials used.

(iii) Use of electronic data processing

equipment to obtain records. Full cost

for the service, including computer

search time and computer runs and

printouts, and the time of computer

programmers and operators and of other

employees.

(iv) Certification or authentication.

Full cost of certification and

authentication.

(v) Providing other special services.

Full cost of the time of the employee

who performs the service, management

and supervisory costs, plus the full costs

of any machine time and materials the

employee uses. Consulting and other

indirect costs will be assessed as

appropriate.

(vi) Special forwarding arrangements.

Full cost of special arrangements for

forwarding material requested.

(vii) Statutory supersession. Where a

Federal statute prohibits the assessment

of a charge for a service or addresses an

aspect of that charge, the statute shall

take precedence over this regulation.

(p) Assessment of a Fee with Respect

to the Provision of Custom Tailored

Information Where the Identification of

the Beneficiary Is Obscure and Where

Provision of the Information Can be

Seen as Benefiting the Public Generally.

When the identification of a specific

beneficiary with respect to the provision

of custom tailored information is

obscure, the service can be considered

primarily as benefiting broadly the

general public, and the estimated cost of

providing the information is less than

$1,000.00, the Director of

Administration shall determine whether

or not a fee is to be charged. In any such

case where the cost is $1,000.00 or

more, the request shall be referred by

the Director of Administration to the

three-member Board for a determination

whether or not a fee is to be assessed.

* * * * *

Dated: February 23, 1995.

By Authority of the Board.

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 95–5132 Filed 3–1 –95; 8:45 am]

BILLING CODE 7905–01–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 925

Missouri 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 the

receipt of a proposed amendment to the

Missouri regulatory program

(hereinafter, the ‘‘Missouri program’’)

under the Surface Mining Control and

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

et seq., SMCRA). The proposed

amendment consists of changes to

provisions of the Missouri regulations

pertaining to definitions, topsoil

redistribution, impoundment design,

disposal of coal processing and noncoal

waste, backfilling and grading, coal

exploration, fish and wildlife plan,

permit approval findings, notice of

violations, and eligibility for small

operators assistance. The amendment is

intended to revise the State program to

be consistent with the corresponding

Federal standards, clarify ambiguities,

and improve operational efficiency.

This notice sets forth the times and

locations that the Missouri program and

proposed amendment to that program

are available for public inspection, the

comment period during which

interested persons may submit written

comments on the proposed amendment,

and procedures that will be followed

regarding the public hearing, if one is

requested.

DATES: Written comments must be

received by 4:00 p.m., c.s.t. April 3,

1995. If requested, a public hearing on

the proposed amendment will be held

on March 27, 1995. Requests to present

oral testimony at the hearing must be

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

17, 1995.

ADDRESSES: Written comments should

be mailed or hand delivered to Michael

C. Wolfrom at the address listed below.

Copies of the Missouri program, the

proposed amendment, and all written

comments received in response to this

notice 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 Kansas City Field

Office.

Michael C. Wolfrom, Acting, Director,

Kansas City Field Office, Office of

Surface Mining Reclamation and

Enforcement, 934 Wyandotte, Room

500, Kansas City, MO 64105,

Telephone: (816) 374–6405

Land Reclamation Program, Missouri

Department of Natural Resources, 205

Jefferson Street, P.O. Box 176,

Jefferson City, MO 65102, Telephone:

(314) 751–4041.

FOR FURTHER INFORMATION CONTACT:

Michael C. Wolfrom, telephone: (816)

374–6405.

SUPPLEMENTARY INFORMATION:

I. Background on the Missouri Program

On November 21, 1980, the Secretary

of Interior conditionally approved the

Missouri program. General background

information on the Missouri program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval of the Missouri

program can be found in the November

21, 1980, Federal Register (45 FR

77017). Subsequent actions concerning

Missouri’s program and program

amendments can be found at 30 CFR

925.12, 925.15, and 925.16.

II. Proposed Amendment

By letter dated February 10, 1995

(administrative record No. MO–612),

Missouri submitted a proposed

amendment to its program pursuant to

SMCRA. Missouri submitted the

proposed amendment with the intent of

satisfying the required program

amendments at 30 CFR 925.16 (b)(4),

(p)(9), and (q)(1) through (q)(5), and at

its own initiative to improve its

program. The amendment also contains

nonsubstantive revisions to eliminate

editorial and typographical errors and to

accomplish necessary recodification

required by the addition or deletion of

provisions.

Specifically, Missouri proposes to

revise (1) 10 Code of State Regulations

(CSR) 40–3.030(4) to require that

contamination of topsoil be prevented

during redistribution; (2) 10 CSR 40–

3.040(10)(B)5 to reference the January

1991, U.S. Natural Resources

Conservation Service (formerly the Soil

Conservation Service) technical

document, Practice Standards 378,

concerning impoundment design; (3) 10

CSR 40–3.110(3)(A)1 to clarify that the

requirements of this section apply to

coal seams, combustible materials, and

acid- and toxic-forming materials, to

require that coal processing waste and

noncoal waste be covered in accordance

with the regulations for disposal of coal

processing waste at 10 CSR 40–3.080,

and to delete the existing requirement