Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Proposed Rules 13087

NA–227). The Navajo Nation submitted

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 proposed the addition of

new language at section 404(b) of its

AMLR Code to provide for such

reclamation.

OSM announced receipt of the

proposed amendment in the February

10, 1995, Federal Register (60 FR 7926),

provided an opportunity for a public

hearing or meeting on its substantive

adequacy, and invited public comment

on its adequacy (administrative record

No. NA–232). Because no one has

requested a public hearing or meeting,

none has been held. The public

comment period ends on March 10,

1995.

OSM would like to take this

opportunity to correct an error in the

February 10, 1995, Federal Register

document. In the first column on page

7927, part of the original language of the

proposed amendment submitted by the

Navajo Nation is incorrectly cited.

Subsection 404(b)(4) should read as

follows:

The site qualifies as a priority one or 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.

During its review of the proposed

amendment, OSM identified concerns

relating to the provisions of the Navajo

AMLR Code of 1987 at section 404(b)(2)

pertaining to (1) the dates used to define

interim program coal sites, and (2) the

requirement that a determination be

made that any funds available for

reclamation or abatement pursuant to a

bond or other form of financial

guarantee or from any other source are

not sufficient to provide for adequate

reclamation or abatement at the site.

OSM notified the Navajo Nation of the

concerns in a telephone conversation on

February 23, 1995 (administrative

record No. NA–233). The Navajo Nation

responded in a letter dated February 23,

1995, by submitting a revised

amendment (administrative record No.

NA–234).

The Navajo Nation proposes revisions

to section 404(b)(2) of the Code as it

pertains to the dates used to define

interim program coal sites, and the

addition of the requirement that there be

insufficient funds for completion of

reclamation or abatement activities.

IV. Public Comment Procedures

OSM is extending by an additional 15

days the comment period on the

proposed Navajo plan 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 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 plan.

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.

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

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: March 3, 1995.

Charle E. Sandberg,

Acting Assistant Director, Western Support

Center.

[FR Doc. 95–5924 Filed 3–9–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 773

RIN 1029–AB80

Notification and Permit Processing

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Proposed rule; reopening of

public comment period and notice of

public hearing.

SUMMARY: The Office of Surface Mining

Reclamation and Enforcement (OSM)

published a proposed rule in response

to a petition for rulemaking regarding

notification and permit processing

provisions of 30 CFR part 773. OSM has

received requests to hold a public

hearing on the proposed rule and is

announcing that public hearings will be

held, and the comment period reopened

in order to accommodate the hearing.

DATES: Public Hearings: A public

hearing is scheduled for March 16,

1995, in Vincennes, Indiana, at 6 p.m.

local time.
13088 Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Proposed Rules

Written Comments: OSM will accept

written comments on the proposed rule

until 5 p.m. Eastern time on March 23,

1995.

ADDRESSES: Public Hearings: The public

hearing will be held at the Executive

Inn, One Executive Boulevard,

Vincennes, Indiana.

Written Comments: Hand deliver to

the Office of Surface Mining

Reclamation and Enforcement,

Administrative Record, Room 660, 800

North Capitol St., Washington, DC; or

mail to the Office of Surface Mining

Reclamation and Enforcement,

Administrative Record, Room 660 NC,

1951 Constitution Avenue NW,

Washington, DC 20240.

Comments may also be sent

electronically through the INTERNET

to: OSMRULES@OSMRE.GOV. Please

note that this address is different from

the address specified in the proposed

rule (59 FR 53884).

FOR FURTHER INFORMATION CONTACT:

Scott Boyce, Branch of Research and

Technical Standards, Office of Surface

Mining Reclamation and Enforcement,

Room 640 NC, 1951 Constitution

Avenue NW., Washington, DC 20240;

Telephone: 202–343–3938.

SUPPLEMENTARY INFORMATION: On

October 26, 1994 (59 FR 53884), OSM

published a proposed rule which would

amend its regulations in response to a

petition for rulemaking. The rulemaking

would require that the regulatory

authority provide to each person who

was a party to an informal conference its

written findings granting, requiring

modification of, or denying a permit

application. The rulemaking would also

require both that an approved permit

contain in its permit area only lands for

which the applicant has established a

right-to-enter and commence surface

coal mining and reclamation operations,

and that compliance with an approved

permit be based on activities to be

conduced solely upon such lands.

On December 23, 1994 (59 FR 66286),

as a result of a commenter’s request, the

comment period was extended to

February 27, 1995. OSM has received

requests to hold a public hearing on the

proposed rule. Therefore, in order to

accommodate the public hearing, OSM

will reopen the comment period.

Comments will now be accepted until 5

p.m. local time on March 23, 1995.

Refer to DATES and ADDRESSES for the

times, dates and locations for the

hearing. The hearing will continue until

all persons wishing to testify have been

heard. To assist the transcriber and

ensure an accurate record, OSM

requests that persons who testify at a

hearing give the transcriber a written

copy of their testimony.

Any disabled individual who needs

special accommodations to attend this

public hearing should contact the

individual listed under FOR FURTHER

INFORMATION CONTACT.

Dated: March 7, 1995.

Mary Josie Blanchard,

Acting Assistant Director, Reclamation and

Regulatory Policy.

[FR Doc. 95–6027 Filed 3–7–95; 5:02 pm]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[FRL–5170–2]

Approval of Delegation of Authority;

National Emission Standards for

Hazardous Air Pollutants; Coke Oven

Batteries; Utah

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to grant

delegation of authority to the State of

Utah to implement and enforce the

National Emission Standards for Coke

Oven Emissions. The Governor of Utah

requested delegation from EPA Region

VIII in a letter dated August 18, 1994.

In the Final Rules Section of this

Federal Register, EPA is approving the

State of Utah’s request for delegation as

a direct final rule without prior proposal

because EPA views this as a

noncontroversial action and anticipates

no adverse comments. EPA’s rationale

for the approval is set forth in the direct

final rule. If no adverse comments are

received in response to this proposed

rule, no further activity is contemplated

in relation to this 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. EPA will not institute a

second comment period on this action.

Any parties interested in commenting

on this action should do so at this time.

DATES: Comments on this proposed rule

must be received in writing by April 10,

1995.

ADDRESSES: Written comments should

be submitted to Patricia D. Hull,

Director, Air, Radiation & Toxics

Division, Environmental Protection

Agency, Region VIII, 999 18th Street,

Suite 500, Denver, Colorado 80202–

2466 and concurrently to Russell A.

Roberts, Director, Division of Air

Quality, Department of Environmental

Quality, 1950 West North Temple, Salt

Lake City, Utah 84114–4820. Copies of

State of Utah’s submittal are available

for public inspection during normal

business hours at the above locations.

FOR FURTHER INFORMATION CONTACT: T.

Scott Whitmore at (303) 293–1758.

SUPPLEMENTARY INFORMATION: See the

information provided in the final action

which is located in the Final Rules

Section of this Federal Register.

List of Subjects in 40 CFR Part 63

Environmental protection, Air

pollution control, Intergovernmental

relations, Hazardous substances.

Authority: 42 U.S.C. 7412.

Dated: February 23, 1995.

Kerrigan Clough,

Acting Regional Administrator, Region VIII.

[FR Doc. 95–5979 Filed 3–9–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 70

[OK001; AD-FRL–5170–3]

Clean Air Act Proposed Interim

Approval Operating Permits Program;

the State of Oklahoma

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed interim approval.

SUMMARY: The EPA proposes source

category-limited interim approval of the

operating permits program submitted by

the Oklahoma Department of

Environmental Quality (ODEQ) through

the Governor of Oklahoma on January

12, 1994, for the purpose of complying

with Federal requirements for an

approvable State program to issue

operating permits to all major stationary

sources, with the exception of sources

on Indian country.

DATES: Comments on this proposed

action must be received in writing by

April 10, 1995.

ADDRESSES: Written comments on this

action should be addressed to Ms. Jole

C. Luehrs, Chief, New Source Review

Section, at the EPA Region 6 Office

listed below. Copies of the State’s

submittal and other supporting

information used in developing the

proposed interim approval rule are

available for inspection during normal

business hours at the following

locations. Interested persons wanting to

examine these documents should make

an appointment with the appropriate

office at least 24 hours before visiting

day.

U.S. Environmental Protection

Agency, Region 6, Air Programs Branch