13086 Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Proposed Rules

(a) An accredited veterinarian shall

not issue a certificate, form, record or

report which reflects the results of any

inspection, test, vaccination or

treatment performed by him or her with

respect to any animal, other than those

in regular health maintenance programs,

unless he or she has personally

inspected that animal within 10 days

prior to issuance.

(1) Following the first two inspections

of a herd or flock as part of a regular

health maintenance program, an

accredited veterinarian shall not issue a

certificate, form, record or report which

reflects the results of any inspection,

test, vaccination or treatment performed

by him or her with respect to any

animal in that program, unless he or she

has personally inspected that animal

within 10 days prior to issuance.

(2) Following the third and

subsequent inspections of a herd or

flock in a regular health maintenance

program, an accredited veterinarian

shall not issue a certificate, form, record

or report which reflects the results of

any inspection, test, vaccination or

treatment performed by him or her with

respect to any animal in that program,

unless he or she has personally

inspected that animal within 30 days

prior to issuance.

(b) An accredited veterinarian shall

not issue, or allow to be used, any

certificate, form, record or report, until,

and unless, it has been accurately and

fully completed, clearly identifying the

animals to which it applies, and

showing the dates and results of any

inspection, test, vaccination, or

treatment the accredited veterinarian

has conducted, except as provided in

paragraph (c) of this section, and the

dates of issuance and expiration of the

document. Certificates, forms, records,

and reports shall be valid for 30 days

following the date of inspection of the

animal identified on the document. The

accredited veterinarian shall distribute

copies of certificates, forms, records,

and reports according to instructions

issued to him or her by the Veterinarianin-Charge.

* * * * *

Done in Washington, DC, this 6th day of

March 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–5992 Filed 3–9–95; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 756

Navajo Abandoned Mine Lands

Reclamation (AMLR) Plan

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; extension of

public comment period on proposed

amendment.

SUMMARY: OSM is announcing receipt of

revisions pertaining to a previously

proposed amendment to the Navajo

AMLR plan (hereinafter referred to as

the ‘‘Navajo plan’’) under the Surface

Mining Control and Reclamation Act of

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

The revisions for the Navajo Nation’s

proposed statute pertain to the

reclamation of interim program coal

sites. The amendment is intended to

revise the Navajo plan to be consistent

with SMCRA, and to improve

operational efficiency.

DATES: Written comments must be

received by 4 p.m., m.s.t., March 27,

1995.

ADDRESSES: Written comments should

be mailed or hand delivered to Thomas

E. Ehmett at the address listed below.

Copies of the Navajo 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 program 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 or 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 approved 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 Plan

On May 16, 1988, the Secretary of the

Interior approved the Navajo plan.

General background information on the

Navajo plan, including the Secretary’s

findings, the disposition of comments,

and the approval of the Navajo plan can

be found in the May 16, 1988, Federal

Register (53 FR 17186). Approval of the

Navajo plan is codified at 30 CFR

756.13. Subsequent actions concerning

the Navajo 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 a proposed

amendment to its AMLR plan pursuant

to SMCRA (administrative record No.
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.