Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Proposed Rules 14401

(1) OAC section 1501:13–1–02

paragraph (K): Ohio is revising the

definition of ‘‘auger mining’’ to mean

drilling holes or cutting into an exposed

coal seam at a highwall and transporting

the coal to the surface along an auger

bit, by conveyor, or by other means.

(2) OAC section 1501:13–4–05

paragraph (A)(2)(a)(i): Ohio is further

revising this new paragraph to require

that permit applications identify the

mining method as area mining, contour

mining, another named mining method,

or a combination of methods to be

identified by name.

(3) OAC section 1501:13–4–05

paragraph (A)(2)(a)(ii): Ohio is further

revising this new paragraph to clarify

that the description of the mining

operation in the permit application shall

include the location where the mining

will begin.

III. Public Comment Procedures

Written Comments

In accordance with the provisions of

30 CFR 732.17(h), OSM is now seeking

comment on whether the amendments

proposed by Ohio satisfy the applicable

program approval criteria of 30 CFR

732.15. If the amendments are deemed

adequate, they will become part of the

Ohio programs.

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 Columbus Field Office

will not necessarily be considered in the

final rulemaking or included in the

Administrative Record.

Public Hearing

Persons wishing to comment at the

public hearing should contact the

person listed under FOR FURTHER

INFORMATION CONTACT by 4:00 p.m.

[e.s.t.], on March 24, 1995. If no one

requests an opportunity to comment at

a public hearing, the hearing will not be

held. 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.

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

comment have been heard. Persons in

the audience who have not been

scheduled to comment and who wish to

do so will be heard following those

scheduled. The hearing will end after all

persons scheduled to comment and

persons present in the audience who

wish to comment have been heard.

Public Meeting

If only one person requests an

opportunity to comment 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 amendments may

request a meeting at the Columbus Field

Office by contacting the person listed

under FOR FURTHER INFORMATION

CONTACT. All such meetings shall be

open to the public and, if possible,

notices of the meetings will be posted at

the locations listed under ADDRESSES. A

written summary of each public 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 corresponding 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

corresponding Federal regulations.

List of Subjects in 30 CFR Part 935

Intergovernmental relations, Surface

mining, Underground mining.

Dated: March 10, 1995.

Richard J. Seibel,

Acting Assistant Director, Eastern Support

Center.

[FR Doc. 95–6592 Filed 3–16–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 935

[OH–233; Amendment Number 69R]

Ohio Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; reopening and

extension of public comment period.

SUMMARY: OSM is reopening the public

comment period for a revised

amendment to the Ohio regulatory

program (hereinafter referred to as the

Ohio program) under the Surface

Mining Control and Reclamation Act of

1977. This revised amendment was

initiated by Ohio and is intended to

make the Ohio program as effective as

the corresponding Federal regulations

concerning filing of financial interest

statements, acceptance of gifts and

gratuities, and appeal procedures for
14402 Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Proposed Rules

remedial actions regarding prohibited

financial interests.

This document sets forth the times

and locations that the Ohio program and

the proposed amendment to that

program will be available for public

inspection, the comment period during

which interested persons may submit

written comments on the proposed

amendment, and the procedures that

will be followed regarding the public

hearing, if one is requested.

DATES: Written comments must be

received by 4:00 p.m. [E.S.T.], on April

3, 1995. If requested, a public hearing

on the proposed amendments will be

held at 1:00 p.m. [E.S.T.], on March 27,

1995. Requests to present oral testimony

at the hearing must be received by 4

p.m. [E.S.T.], on March 24, 1995.

ADDRESSES: Written comments and

requests to testify at the hearing should

be mailed or hand-delivered to Mr.

Robert H. Mooney, Acting Director,

Columbus Field Office, at the address

listed below.

Copies of the Ohio 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 Columbus Field

Office.

Office of Surface Mining Reclamation

and Enforcement, Columbus Field

Office, 4480 Refugee Road, Suite 201,

Columbus, Ohio 43232, Telephone:

(614) 866–0578

Ohio Department of Natural Resources,

Division of Reclamation, 1855

Fountain Square Court, Building H–3,

Columbus, Ohio 43224, Telephone:

(614) 265–6675.

FOR FURTHER INFORMATION CONTACT:

Mr. Robert H. Mooney, Acting Director,

Columbus Field Office, (614) 866–0578.

SUPPLEMENTARY INFORMATION:

I. Background on the Ohio Program

On August 16, 1982, the Secretary of

the Interior conditionally approved the

Ohio program. General background

information on the Ohio program,

including the Secretary’s findings, the

disposition of comments, and a detailed

explanation of the conditions of

approval of the Ohio program, can be

found in the August 10, 1982, Federal

Register (47 FR 34688). Subsequent

actions concerning Ohio’s program and

program amendments are identified at

30 CFR 935.11, 935.12, 935.15, and

935.16.

II. Proposed Amendment

The Ohio Department of Natural

Resources, Division of Reclamation

(Ohio) submitted proposed Program

Amendment Number 69 (PA 69) by

letter dated September 22, 1994

(Administrative Record No. OH–2059).

In this amendment, Ohio proposed to

revise two rules at Ohio Administrative

Code (OAC) sections 1501:13–1–03 and

13–7–05 to make the Ohio program as

effective as the corresponding Federal

regulations concerning financial interest

statements, appeal procedures for

remedial actions regarding prohibited

financial interests, and yield data for

pasture or grazing land.

OSM announced receipt of PA 69 in

the October 21, 1994, Federal Register

(59 FR 53122), and, in the same

document, opened the public comment

period and provided an opportunity for

a public hearing on the adequacy of the

proposed amendment. The public

comment period closed on November

21, 1994.

OSM and Ohio staff met on February

6, 1995, to discuss OSM’s questions and

concerns about PA 69 (Administrative

Record No. OH–2098). In response to

OSM’s February 6, 1995, questions and

comments, Ohio provided Revised

Program Amendment Number 69 (PA

69R) by letter dated March 8, 1995

(Administrative Record No. OH–2099).

In PA 69R, Ohio is proposing further

revisions to one rule at OAC section

1501:13–1–03 as described below:

(1) Ohio Reclamation Board of Review

Hearing Officers Included Under

Definition of ‘‘Employee’’: Ohio is

further revising paragraph (D)(2) to

include hearing officers of the Ohio

Reclamation Board of Review under the

definition of ‘‘employee.’’ Ohio is also

revising paragraphs (F)(1), (G)(1), (H),

and (L)(3) to delete previously proposed

separate references to these hearing

officers because Ohio is now proposing

that those hearing officers be included

under the definition of ‘‘employee’’ in

this rule.

(2) Use of Financial Interest

Statement Form by Members of the Ohio

Reclamation Board of Review: Ohio is

revising paragraph (I)(1) to require

members of the Ohio Reclamation Board

of Review to report all required

information concerning employment

and financial interests on Form OSM–

23.

(3) Acceptance of Gifts and Gratuities

by Members of the Ohio Reclamation

Board of Review: Ohio is revising

paragraph (J)(1) to prohibit the

solicitation or acceptance of gifts and

gratuities by members of the Ohio

Reclamation Board of Review from coal

companies which are conducting or

seeking to conduct regulated activities

or which have an interest that may be

substantially affected by the

performance of the Board members’

official duty.

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 732.17(h), OSM is now seeking

comment on whether the amendments

proposed by Ohio satisfy the applicable

program approval criteria of 30 CFR

732.15. If the amendments are deemed

adequate, they will become part of the

Ohio program.

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 Columbus Field Office

will not necessarily be considered in the

final rulemaking or included in the

Administrative Record.

Public Hearing

Persons wishing to comment at the

public hearing should contact the

person listed under FOR FURTHER

INFORMATION CONTACT by 4:00 p.m. [est],

on March 24, 1995. If no one requests

an opportunity to comment at a public

hearing, the hearing will not be held.

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.

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

comment have been heard. Persons in

the audience who have not been

scheduled to comment and who wish to

do so will be heard following those

scheduled. The hearing will end after all

persons scheduled to comment and

persons present in the audience who

wish to comment have been heard.

Public Meeting

If only one person requests an

opportunity to comment 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 amendments may

request a meeting at the Columbus Field
Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Proposed Rules 14403

Office by contacting the person listed

under FOR FURTHER INFORMATION

CONTACT. All such meetings shall be

open to the public and, if possible,

notices of the meetings will be posted at

the locations listed under ADDRESSES. A

written summary of each public 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 corresponding 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

corresponding Federal regulations.

List of Subjects in 30 CFR Part 935

Intergovernment relations, Surface

mining, Underground mining.

Dated: March 10, 1995.

Richard J. Seibel,

Acting Assistant Director, Eastern Support

Center.

[FR Doc. 95–6591 Filed 3–16–95; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

RIN 0720–AA28

[DOD 6010.8–R]

Civilian Health and Medical Program of

the Uniformed Services (CHAMPUS);

Transplants

AGENCY: Office of the Secretary, DoD.

ACTION: Proposed rule.

SUMMARY: This rule proposes to

establish coverage for heart-lung, single

or double lung, and combined liverkidney transplantation for those patients

who meet specific patient selection

criteria; establish preauthorization

requirements for heart, liver, heart-lung,

single or double lung, combined liverkidney transplantation, high dose

chemotherapy and stem cell

transplantation, and air ambulance (in

conjunction with lung or heart-lung

transplantation preauthorizations);

extend coverage of cardiac rehabilitation

to those patients who have had heart

valve surgery, heart or heart-lung

transplantation, authorize an exception

to the ambulance benefit to allow organ

transplantation candidates to be

transported to a certified CHAMPUS

organ transplant center instead of the

closest appropriate facility, and

authorize pulmonary rehabilitation for

beneficiaries whose conditions are

considered appropriate for pulmonary

rehabilitation according to guidelines

adopted by the Director, OCHAMPUS,

or a designee, recognize certain

transplant centers that meet specific

criteria as an authorized CHAMPUS

institutional provider, and clarify the

CHAMPUS position on consortium

programs for organ transplantation to

allow individual hospitals which are

members of a consortium to use the

combined (pooled) experience and

survival data of the consortium team to

meet CHAMPUS requirements for

authorization as a certified CHAMPUS

organ transplant center.

DATES: Comments must be received on

or before May 16, 1995.

ADDRESSES: All comments concerning

this proposed rule should be addressed

to the Office of the Civilian Health and

Medical Program of the Uniformed

Services (OCHAMPUS), Program

Development Branch, Aurora, CO

80045–6900.

FOR FURTHER INFORMATION CONTACT:

Marty Maxey, OCHAMPUS, Program

Development Branch, telephone (303)

361–1227.

SUPPLEMENTARY INFORMATION:

OCHAMPUS has been actively

following the development of organ

transplantation for the past 10 years to

define an established method of

treatment for patients who have

exhausted more conservative medical

and surgical treatments. Following is an

overview of the events which have led

to the decision to allow CHAMPUS

coverage for heart-lung, single or double

lung, and combined liver-kidney

transplantation:

• In November 1990, OCHAMPUS

requested the Agency for Health Care

Policy and Research (AHCPR) to

conduct a technology assessment on the

safety and efficacy of heart-lung and

single or double lung transplantation. In

response to our request, AHCPR

informed OCHAMPUS that an

assessment was already in progress as a

result of a request by the Health Care

Financing Administration (HCFA).

Because of an increase in demand for

heart-lung and single or double lung

transplantation by the CHAMPUS

beneficiary population, OCHAMPUS

urged AHCPR to provide preliminary

interim guidelines for heart-lung and

single or double lung transplantation

which could be used until finalization

of their formal technology assessment.

In response to this request, AHCPR

asked the National Heart Lung and

Blood Institute (NHLBI) to assist in the

development of interim guidelines. On

February 28, 1991, NHLBI completed

the AHCPR request for preliminary