Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Proposed Rules 3185

held because no one requested an

opportunity to testify.

By letter dated October 21, 1994,

(Administrative Record No. OH–2066),

OSM provided its questions and

comments to Ohio on the July 19, 1994,

submission of Ohio’s ‘‘Guidelines for

Evaluating Revegetation Success.’’ By

letter dated December 20, 1994 (Ohio

Administrative Record OH–2075), Ohio

resubmitted revised guidelines which

are intended to address the questions

and comments in OSM’s October 21,

1994 letter. Ohio’s new proposed

changes to its guidelines are described

briefly below:

(1) Ohio is adding text to require that

inspectors verify that the vegetation is

successfully stabilizing the soil surface

from erosion when inspectors evaluate

areas for final bond release.

(2) Ohio is revising the guidelines to

require a minimum of 100 samples to

evaluate ground cover.

(3) Ohio is correcting errors in the

statistical formulas for sampling

adequacy and crop productivity.

(4) Ohio is deleting references in the

guidelines to ‘‘subsamples.’’

(5) Ohio is revising the guidelines to

exclude the first year’s yields from

consideration in meeting prime

farmland crop productivity.

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. on

January 30, 1995. If no one requests an

opportunity to comment at a public

hearing, the hearing will not be held.

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 No. 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 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

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

which require approval by the Office of

Management and Budget 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 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.

Hence, 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 in the analyses for the

corresponding Federal regulations.

List of Subjects in 30 CFR Part 935

Intergovernmental relations, Surface

mining, Underground mining.

Dated: January 9, 1995.

Richard J. Seibel,

Acting Assistant Director, Eastern Support

Center.

[FR Doc. 95–972 Filed 1–12–95; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 156

[CGD 93–081]

RIN 2115–AE90]

Designation of Lightering Zones

AGENCY: Coast Guard, DOT.

ACTION: Notice of meeting; request for

comments.

SUMMARY: The Coast Guard announces a

public meeting on February 16, 1995, in

the New Orleans, Louisiana, area to
3186 Federal Register / Vol. 60, No. 9 / Friday, January 13, 1995 / Proposed Rules

provide the public an opportunity to

comment on its proposal to establish

three lightering zones in the Gulf of

Mexico. The proposed zones are more

than 60 miles from the baseline from

which the territorial sea of the United

States is measured and will allow single

hull tankers using these zones to

conduct lightering operations until the

year 2015. The views presented at this

meeting together with written comments

on the proposal will be considered by

the Coast Guard in formulating a final

rule.

DATES: The meeting will be held

February 16, 1995, from 9 a.m. to 3 p.m.

ADDRESSES: The meeting will be held at

the Best Western Landmark Hotel,

Mardi Gras Ballroom, 2601 Severn

Avenue, Metairie, LA. Comments

become part of this docket (CGD 93–

081) and are available for inspection or

copying at room 3406, Coast Guard

Headquarters, between 8 a.m. and 3

p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

LCDR Stephen Kantz, Oil Pollution Act

(OPA 90) Staff (G–MS–A), U.S. Coast

Guard, 2100 Second Street SW.,

Washington, DC 20593, telephone (202)

267–6740. This telephone is equipped

to record messages on a 24-hour basis.

SUPPLEMENTARY INFORMATION:

Regulatory History

In November 1993, the Coast Guard

received several requests to establish

lightering zoned in the Gulf of Mexico.

On December 2, 1993, the Coast Guard

published in the Federal Register a

notice of these petitions for rulemaking

and request for comment (58 FR 63544).

Currently, 33 CFR part 156 provides

that the Coast Guard will consider

various factors in designating lightering

zones—traditional use of the area for

lightering; weather and sea conditions;

water depth; proximity to shipping

lanes, vessel traffic schemes,

anchorages, fixed structures, designated

marine sanctuaries, fishing areas, and

designated units of the National Park

System, National Wild and Scenic

Rivers System, National Wilderness

Preservation System, properties

included on the National Register of

Historic Places and National Registry of

Natural Landmarks, and National

Wildlife Refuge System; and other

relevant safety, environmental, or

economic data (33 CFR 156.230).

On December 16, 1993, the Coast

Guard published in the Federal Register

a notice of public meeting to solicit

opinions on whether lightering zones

should be established and, if so, where

they should be located and what

operating conditions should be

mandated (58 FR 65683). A public

meeting was held in Houston, Texas, on

January 18, 1994. At that time, the Oil

Spill Coordinator from the State of

Louisiana requested that a public

meeting be held in Louisiana after there

was an opportunity to review any

proposal by the Coast Guard to

designate lightering zones.

On January 5, 1995, the Coast Guard

published the notice of proposed

rulemaking in the Federal Register (60

FR 1958). The coordinates of the three

lightering zones proposed to be

established are set forth in the proposed

rulemaking.

Summary of the Rulemaking

By using these proposed designated

lightering zones more than 60 miles

from the baseline, single hull tank

vessels contracted for after June 20,

1990, and older single hull tank vessels

phased out by OPA 90, would be able

to lighter in the U.S. Economic

Exclusive Zone (EEZ) until January 1,

2015. In addition to establishing the first

lightering zones designated by the Coast

Guard, the proposed rulemaking would

also incorporate the use of recognized

industry guidelines, impose certain

weather and sea state restrictions, and

require compliance with U.S. work hour

limitations. It would also designate

three other areas within the vicinity of

the ecologically sensitive Flower Garden

Banks National Marine Sanctuary in

which all lightering will be prohibited.

In the NPRM, the Coast Guard

specifically requested comments on the

practicality of also designating a smaller

northern area as an additional, fourth

lightering zone. The boundaries of this

northern area, which would be called

‘‘South Sabine Point,’’ would consist of

the waters bounded by a line connecting

the following points beginning at:

Latitude N. Longitude W.

28°30′00′′ ............... 92°38′00′′, thence to

28°44′00′′ ............... 93°24′00′′, thence to

28°33′00′′ ............... 94°00′00′′, thence to

28°18′00′′ ............... 94°00′00′′, thence to

28°18′00′′ ............... 92°38′00′′, and thence

to the point of beginning.

This rulemaking has been determined

to be a significant regulatory action

under established criteria of the

Department of Transportation and the

Office of Management and Budget.

Meeting Procedure

Members of the public planning to

make oral presentations during the

meeting should call the number listed in

FOR FURTHER INFORMATION CONTACT no

later than the day before the meeting,

and state their intention to speak about

docket number 93–081, provide their

name, and the approximate duration of

their presentation. Persons making oral

presentations are also encouraged to

submit a copy of their remarks in

writing during the meeting.

Dated: January 9, 1994.

J.C. Card,

Rear Admiral, U.S. Coast Guard Chief, Office

of Marine Safety, Security and Environmental

Protection.

[FR Doc. 95–947 Filed 1–12–95; 8:45 am]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 228

[FRL–5138–2]

Ocean Dumping; Proposed Site

Designation

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA today proposes to

designate an Ocean Dredged Material

Disposal Site (ODMDS) in the Gulf of

Mexico offshore Tampa, Florida, as an

EPA-approved ocean dumping site for

the disposal of suitable dredged

material. This proposed action is

necessary to provide an acceptable

ocean disposal site for consideration as

an option for dredged material disposal

projects in the greater Tampa, Florida

vicinity. This proposed site designation

is for an indefinite period of time, but

the site is subject to continuing

monitoring to insure that unacceptable

adverse environmental impacts do not

occur.

DATES: Comments must be received on

or before February 27, 1995.

ADDRESSES: Send comments to: Wesley

B. Crum, Chief, Coastal Programs

Section, Water Management Division,

U.S. Environmental Protection Agency,

Region IV, 345 Courtland Street, NE.,

Atlanta, Georgia 30365.

The file supporting this proposed

designation is available for public

inspection at the following locations:

EPA Public Information Reference Unit

(PIRU), Room 2904 (rear), 401 M

Street, SW., Washington, DC 20460

EPA/Region IV, 345 Courtland Street,

NE., Atlanta, Georgia 30365.

Department of the Army, Jacksonville

District Corps of Engineers, 400 West

Bay Street, P.O. Box 4970,

Jacksonville, FL 32232–0019

FOR FURTHER INFORMATION CONTACT: