2520 Federal Register / Vol. 60, No. 6 / Tuesday, January 10, 1995 / Rules and Regulations

30 CFR Part 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(c)(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

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 936

Intergovernmental relations, Surface

mining, Underground mining.

Dated: December 29, 1994.

Charles E. Sandberg,

Acting Assistant Director, Western Support

Center.

For the reasons set out in the

preamble, Title 30, Chapter VII,

Subchapter T of the Code of Federal

Regulations is amended as set forth

below:

PART 936—OKLAHOMA

1. The authority citation for Part 936

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. Section 936.15 is amended by

adding paragraph (n) to read as follows:

§ 936.15 Approval of regulatory program

amendments.

* * * * *

(n) Revisions to the following

provisions of the Bond Release

Guidelines, which include revegetation

success standards and statistically valid

sampling techniques, and guidelines for

phase I, II, and III bond release, as

submitted to OSM on February 17, 1994,

and as revised and supplemented with

explanatory information on July 21 and

September 2, 1994, are approved

effective January 10, 1995:

Subsection I.E.3.b, concerning

requirements for ground cover on land

reclaimed for commercial or industrial

use;

Subsection I.F.3.d, concerning

requirements for ground cover on

previously mined areas;

Subsection I.F.5.b, concerning the

requirements for water discharged from

permanent impoundments, ponds,

diversions, and treatment facilities;

Subsections II.B.2.d, III.B.2.d, and

V.B.2.c, concerning the method for

calculating a technical productivity

standard on pastureland, grazingland,

and prime farmland;

Subsections IV.A.1.a and b, and

sections VII.A and B, concerning

revegetation success standards for

diversity, seasonality, permanence, and

regeneration;

Subsections V.B.2.d and V.B.2.e,

concerning the use of test plots as a

statistically valid sampling technique

for demonstrating success of

productivity on prime farmlands;

Subsections V.B.2.f and VI.B.2.e,

concerning the method for calculating a

technical productivity standard for grain

or hay crops on prime and nonprime

farmland;

Subsection VI.B.2.e, concerning the

method for measuring row crop

production on nonprime farmland;

Appendix A, concerning the

definitions of ‘‘initial establishment of

permanent vegetative cover’’ and

‘‘productivity;’’

Appendix F, concerning the method

of sampling for productivity;

Appendices J and V, concerning

editorial revisions; and

Appendix R, concerning the repair of

rills and gullies as a normal husbandry

practice;

Appendix O, concerning the methods

for calculating technical productivity

standards on lands reclaimed for use as

pastureland and grazingland.

3. Section 936.16 is revised to read as

follows:

§ 936.16 Required regulatory program

amendments.

Pursuant to 30 CFR 732.17(f)(1),

Oklahoma is required to submit to OSM

by the specified date the following

written, proposed program amendment,

or a description of an amendment to be

proposed that meets the requirements of

SMCRA and 30 CFR Chapter VII and a

timetable for enactment that is

consistent with Oklahoma’s established

administrative or legislative procedures.

(a) Reserved.

(b) Reserved.

(c) By March 13, 1995, Oklahoma

shall revise sections II.B and III.B in the

Bond Release Guidelines to identify the

method it will use in developing a

phase III revegetation success standard

for diversity on lands reclaimed for use

as pasturland and grazingland.

(d) Reserved.

(e) Reserved.

(f) Reserved.

(g) By March 13, 1995, Oklahoma

must submit, before Oklahoma allows

the use of test plots as proposed at

subsections V.B.2.d and V.B.2.e in the

Bond Release Guidelines, evidence of

consultation with the U.S. Soil

Conservation Service regarding the use

of test plots as a statistically valid

sampling technique for demonstrating

success of productivity on prime

farmlands.

[FR Doc. 95–568 Filed 1–9–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 944

Utah Regulatory Program

ACTION: Proposed rule; reopening and

extension of public comment period on

proposed amendment.

SUMMARY: OSM is announcing receipt of

additional explanatory information

pertaining to a previously proposed

amendment to the Utah regulatory

program (hereinafter, the ‘‘Utah

program’’) under the Surface Mining

Control and Reclamation Act of 1977

(SMCRA). The additional explanatory

information for Utah’s proposed rule

pertains to liability self-insurance

requirements for coal mining

operations. The amendment is intended

to allow coal mining operators who

qualify as government entities under the

Utah Interlocal Cooperation Act and the

Utah Governmental Immunity Act to

provide a certain amount of their

liability insurance through selfinsurance.

DATES: Written comments must be

received by 4:00 p.m., m.s.t., January 25,

1995.

ADDRESSES: Written comments should

be mailed or hand delivered to Thomas

E. Ehmett at the address listed below.
Federal Register / Vol. 60, No. 6 / Tuesday, January 10, 1995 / Rules and Regulations 2521

Copies of the Utah program, 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

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,

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 October 4, 1994, Utah

submitted a proposed amendment to its

program pursuant to SMCRA

(administrative record No. UT–979).

Utah submitted the proposed

amendment at its own initiative with

the intention of allowing companies in

the coal industry, if they so desire, to

provide a certain amount of their

liability insurance through selfinsurance. The provision of the Utah

Coal Mining Rules that Utah proposes to

revise is Utah Administrative Rule

(Utah Admin. R.) 645–301–890.400,

Terms and Conditions for Liability

Insurance.

OSM announced receipt of the

proposed amendment in the October 21,

1994, Federal Register (59 FR 53123),

provided an opportunity for a public

hearing or meeting on its substantive

adequacy, and invited public comment

on its adequacy (administrative record

No. UT–982). Because no one requested

a public hearing or meeting, none was

held. The public comment period ended

on November 21, 1994.

During its review of the amendment,

OSM identified concerns relating to the

provision of Utah’s Coal Mining Rules at

Utah Admin. R. 645–301–890.400. OSM

notified Utah of the concerns by letter

dated November 30, 1994

(administrative record No. UT–992).

Utah responded in a letter dated

December 16, 1994, by submitting

additional explanatory information

(administrative record No. UT–999).

In response to the issue letter, Utah

proposes additional explanatory

information with the intention of

clarifying that Utah’s proposed revision

to Utah Admin. R. 645–301–890.400

will allow companies in the coal

industry to provide a certain amount of

their liability insurance through selfinsurance only if they qualify as

government entities under (1) a Utah

statutory provision allowing for the

creation by two or more public agencies

of a separate legal or administrative

entity at Utah Code Annotated (U.C.A.)

§ 11–13–5.5(2)(a) of the Utah Interlocal

Cooperation Act and (2) a Utah selfinsurance statutory provision at U.C.A.

§ 63–30–28 of the Utah Governmental

Immunity Act.

III. Public Comment Procedures

OSM is reopening the comment

period on the proposed Utah program

amendment to provide the public an

opportunity to reconsider the adequacy

of the proposed amendment in light of

the additional materials submitted. 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.

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.

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

SMCRA (30 U.S.C. 1253 and 12550) 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 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.

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 (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

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.
2522 Federal Register / Vol. 60, No. 6 / Tuesday, January 10, 1995 / Rules and Regulations

V. List of Subjects in 30 CFR Part 944

Intergovernmental relations, Surface

mining, Underground mining.

Dated: January 3, 1995.

Charles E. Sandberg,

Acting Assistant Director, Western Support

Center.

[FR Doc. 95–569 Filed 1–9–95; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 3

RIN 2900–AH12

Exclusions from Income (RECA

Payments)

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

Department of Veterans Affairs (VA)

adjudication regulations concerning

income and net worth exclusions. The

purpose of the rule is to implement

legislation excluding from consideration

as countable income and net worth

amounts paid to claimants under the

Radiation Exposure Compensation Act

(RECA). The intended effect of this

amendment is to have VA regulations

conform to the requirements of that

statute.

EFFECTIVE DATE: This amendment is

effective October 15, 1990, the date

specified in Pub. L. 101–426.

FOR FURTHER INFORMATION CONTACT: Paul

Trowbridge, Consultant, Regulations

Staff, Compensation and Pension

Service, Veterans Benefits

Administration, 810 Vermont Avenue,

NW, Washington, DC 20420, telephone

(202) 273–7210.

SUPPLEMENTARY INFORMATION: Public

Law 101–426, the Radiation Exposure

Compensation Act (RECA), was enacted

by Congress to compensate individuals

who may have suffered adverse health

effects from working in uranium mines

or living downwind of above-ground

nuclear tests. Section 6(h) of that law

provides that RECA payments shall not

be included as income or resources for

purposes of determining eligibility for

benefits described in section

3803(c)(2)(C) of Title 31, United States

Code. Title 31 U.S.C. 3803(c)(2)(C)(viii)

lists benefits under chapters 11, 13 and

15 of Title 38, United States Code,

which governs payment of VA benefits.

VA administers several income-based

benefit programs under which a

claimant’s countable income determines

the rate of VA benefits payable. Net

worth may also affect eligibility. Those

affected by RECA are death

compensation (38 U.S.C. chapter 11),

Parents’ Dependency and Indemnity

Compensation (38 U.S.C. chapter 13)

and the Improved Pension program (38

U.S.C. chapter 15). Other VA benefits

which are income-based, notably the

prior pension programs known as the

Section 306 and Old Law pension

programs, are no longer authorized

under those chapters of 38 U.S.C. listed

in Public Law 101–426.

VA regulations at 38 CFR 3.271 state

that payments of any kind from any

source shall be counted as income for

purposes of the Improved Pension

program unless specifically excluded

under 38 CFR 3.272. 38 CFR 3.261(a)

indicates whether various categories of

income are included or excluded when

determining eligibility for Parents

Dependency and Indemnity

Compensation or pension programs

which were in effect prior to January 1,

1979. It also indicates whether various

categories of income are included or

excluded when determining whether a

parent qualifies as a dependent parent

for purposes of 38 U.S.C. chapter 11. 38

CFR 3.274 states that Improved Pension

shall be denied or discontinued when

the corpus of a claimant’s estate is such

that it is reasonable that some of the

estate be used for the claimant’s

maintenance.

We are amending 38 CFR 3.261,

3.262, and 3.272 to show that RECA

payments are excludable from countable

income for Parents’ Dependency and

Indemnity Compensation, the Improved

Pension program, and in determining

whether a parent is dependent for

purposes of 38 U.S.C. chapter 11. We

are amending 38 CFR 3.275 to show that

RECA payments are not to be included

in computing an Improved Pension

claimant’s net worth. Net worth is not

a factor for Parents’ Dependency and

Indemnity Compensation. The purpose

of this rule is to amend the regulations

to be consistent with the provisions of

section 6 of Public Law 101–426.

This final rule is made effective

without notice and comment since it

makes changes merely to reflect

statutory requirements.

The Secretary certifies that this final

rule will not have a significant

economic impact on a substantial

number of small entities as they are

defined in the Regulatory Flexibility Act

(RFA), 5 U.S.C. 601–612. This rule will

directly affect VA beneficiaries but will

not affect small businesses. Therefore,

pursuant to 5 U.S.C. 605(b), this final

regulation is exempt from the initial and

final regulatory flexibility analyses

requirements of sections 603 and 604.

The catalog of Federal Domestic Assistance

program numbers are 64.104, 64.105, 64.109,

and 64.110.

List of Subjects in 38 CFR Part 3

Administrative practice and

procedure, Claims, Health care,

Individuals with disabilities, Pensions,

Veterans.

Approved: December 22, 1994.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, 38 CFR Part 3 is amended as

follows:

PART 3—ADJUDICATION

Subpart A—Pension, Compensation,

and Dependency and Indemnity

Compensation

1. The authority citation for part 3,

subpart A continues to read as follows:

Authority: 38 U.S.C. 501(a), unless

otherwise noted.

2. In § 3.261, a new paragraph (a)(38)

is added to read as follows:

§ 3.261 Character of income; exclusions

and estates.

(a) Income

* * * * * * *

(38) Income received under Section 6 of the

Radiation Exposure Compensation Act (Pub. L. 101–426) Excluded Excluded Included Included 3.262(w)

* * * * * * *

3. In § 3.262, paragraph (w) and its

authority citation are added to read as

follows:

§ 3.262 Evaluation of income.

* * * * *

(w) Radiation Exposure

Compensation Act. For the purposes of

parents’ dependency and indemnity

compensation, there shall be excluded

from income computation payments

under Section 6 of the Radiation

Exposure Compensation Act of 1990.

(Authority: 42 U.S.C. 2210 note)