19192 Federal Register / Vol. 60, No. 73 / Monday, April 17, 1995 / Proposed Rules

CHRBs for monitoring and

implementation of VAMA activity. The

new VAMA, signed by the Secretary of

HUD and the NAR President in June

1992, deletes this requirement. The

VAMA provides instead that local

Realtor Boards ‘‘formulate relationships

with civil rights, fair housing, and other

community based organizations with a

substantial interest in fair housing as a

conduit to meet fair housing and VAMA

objectives.’’ While some local Boards

continue to work closely with

established CHRBs in various fair

housing activities, the Department no

longer has a contractual agreement to

support VAMA implementation

activities through CHRBs.

Based on the foregoing, and as part of

the renewed effort to eliminate

duplicative and/or unnecessary

programs, the Department has

determined that the elimination of the

CHRB Program is appropriate. To

accomplish this end, this proposed rule

would remove and reserve 24 CFR part

120.

Findings and Certifications

Environmental Review

A Finding of No Significant Impact

with respect to the environment has

been made in accordance with HUD

regulations at 24 CFR part 50, which

implement section 102(2)(C) of the

National Environmental Policy Act of

1969. The Finding of No Significant

Impact is available for public inspection

between 7:30 a.m. and 5:30 p.m.

weekdays in the Office of the Rules

Docket Clerk.

Impact on Small Entities

The Secretary, in accordance with the

Regulatory Flexibility Act (5 U.S.C.

605(b)), has reviewed this proposed rule

before publication and by approving it

certifies that this proposed rule does not

have a significant economic impact on

a substantial number of small entities.

The purpose of the proposed rule is to

eliminate a program determined to be

duplicative and unnecessary.

Regulatory Agenda

This proposed rule was listed as Item

No. 1865 in the Department’s

Semiannual Agenda of Regulations

published on November 14, 1994 (59 FR

57632, 57667) pursuant to Executive

Order 12866 and the Regulatory

Flexibility Act.

Federalism Impact

The General Counsel, as the

Designated Official under section 6(a) of

Executive Order 12612, Federalism, has

determined that because this proposed

rule would eliminate a program

determined to be duplicative and

unnecessary, the policies contained in

this proposed rule will not have

substantial direct effects on states or

their political subdivisions, or the

relationship between the federal

government and the states, or on the

distribution of power and

responsibilities among the various

levels of government. As a result, the

proposed rule is not subject to review

under the order.

Impact on the Family

The General Counsel, as the

Designated Official under Executive

Order 12606, The Family, has

determined that this proposed rule does

not have the potential for direct impact

on family formation, maintenance, and

general well-being. The proposed rule

would only eliminate a program

determined to be duplicative and

unnecessary, and as such, no further

review is considered necessary.

List of Subjects in 24 CFR Part 120

Fair housing, Grant programs—

housing and community development.

Accordingly, and under the authority

of 42 U.S.C. 3535(d), chapter I of title 24

of the Code of Federal Regulations

would be amended by removing and

reserving part 120.

Dated: May 3, 1994.

Roberta Achtenberg,

Assistant Secretary for Fair Housing and

Equal Opportunity.

[FR Doc. 95–9329 Filed 4–14–95; 8:45 am]

BILLING CODE 4210–28–P

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

29 CFR Parts 1910, 1915, and 1926

[Docket No. H–049]

RIN 1218–0099

Respiratory Protection; Proposed Rule

AGENCY: Occupational Safety and Health

Administration (OSHA), Labor.

ACTION: Extension of date for filing of

comments by testifiers.

SUMMARY: By this document the

Occupational Safety and Health

Administration (OSHA) is extending the

date for testifiers at the OSHA hearings

to submit comments on the proposed

rule from April 14, 1995 to May 15,

1995, in order to provide additional

time for those testifiers submitting

comments.

DATES: Testimony, comments and

evidence to be submitted at the hearings

must be postmarked on or before May

15, 1995. Notices of intention to appear

at the hearing were due March 31, 1995.

Comments for testifiers must be

postmarked on or before May 15, 1995.

The hearing will begin at 9:30 a.m.,

Tuesday, June 6, 1995 in Washington,

DC.

ADDRESSES: Testimony and

documentary evidence are to be

submitted in quadruplicate to: Mr.

Thomas Hall, OSHA Division of

Consumer Affairs, Occupational Safety

and Health Administration, 200

Constitution Avenue, N.W., Room

N3649, Washington, D.C. 20210; (202)

219–8615. Testimony and documentary

evidence will be available for inspection

and copying in the Docket Office, Room

N2625 at the above address.

Written comments should be

submitted in quadruplicate or 1 original

(hardcopy) and 1 disk (51⁄4 or 31⁄2) in

WordPerfect 5.0, 5.1, 6.0 or ASCII to:

Docket Office, Docket H–049, U.S.

Department of Labor, Occupational

Safety and Health Administration,

Room N2625, 200 Constitution Avenue,

N.W. Washington, D.C. 20210; (202)

219–7894. Any information not

contained on disk, e.g., studies, articles,

etc., must be submitted in

quadruplicate.

The hearing will be held in the

auditorium of the U.S. Department of

Labor, 200 Constitution Avenue, NW.,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Proposal: Mr. Richard Liblong, Director,

Office of Information and Consumer

Affairs, Occupational Safety and Health

Administration, 200 Constitution

Avenue, N.W., Room N3647,

Washington, D.C. 20210; (202) 219–

8151.

Hearings: Mr. Thomas Hall, Division

of Consumer Affairs, Occupational

Safety and Health Administration, 200

Constitution Avenue, N.W., Room

N3649, Washington, D.C. 20210; (202)

219–8615.

SUPPLEMENTARY INFORMATION:

Background

On November 15, 1994, OSHA

published a notice of proposed

rulemaking on its respiratory protection

standard (59 FR 58884 et seq.). The

proposal is intended to update the

current respirator standard to reflect

changes in methodology, technology,

and approach related to respiratory

protection that have occurred since the

existing respiratory protection standard

was adopted in 1971.
Federal Register / Vol. 60, No. 73 / Monday, April 17, 1995 / Proposed Rules 19193

A notice of the extension of the

comment period and the rescheduling of

the public hearing was published on

January 20, 1995 (60 FR 4132 et seq.).

This notice extended the public

comment period for the proposal to

April 14, 1995. The date for submitting

a notice of intention to appear at the

hearing to testify was extended to March

31, 1995. The public hearings were

rescheduled to start on June 6, 1995. On

March 23, 1995 (60 FR 15263) OSHA

extended the period to submit testimony

until May 15, 1995.

Extension of Date for Submitting

Comments

Several parties who will be testifying

at the OSHA hearings have requested an

extension of time to file comments to

May 15, 1995 because they need

additional time to prepare comments.

Since the period for submitting

testimony has been extended this will

not result in further delays. Accordingly

OSHA is extending the time for testifiers

to submit comments until May 15, 1995.

The times to submit testimony and the

start of the hearing remain unchanged.

See the earlier Federal Register notices

for the hearing procedures.

Authority and Signature

This document was prepared under

the direction of Joseph A. Dear,

Assistant Secretary of Labor for

Occupational Safety and Health, U.S.

Department of Labor, 200 Constitution

Avenue, NW., Washington, DC 20210. It

is issued pursuant to section 6(b) of the

Occupational Safety and Health Act of

1970 (84 Stat. 1593, 29 U.S.C. 655).

Signed at Washington, DC., this 12th day

of April, 1995.

Joseph A. Dear,

Assistant Secretary of Labor.

[FR Doc. 95–9434 Filed 4–14–95; 8:45 am]

BILLING CODE 4510–26–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 917

[KY–208]

Kentucky Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; reopening and

extension of public comment period on

proposed amendment.

SUMMARY: OSM is announcing receipt of

revisions pertaining to a previously

proposed amendment to the Kentucky

regulatory program (hereinafter, the

‘‘Kentucky program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The revisions for

Kentucky’s proposed rules pertain to

documents, assessment of civil

penalties, and revegetation for surface

and underground mining. This

amendment is intended to revise the

Kentucky program to be consistent with

the corresponding Federal regulations.

DATES: Written comments must be

received by 4:00 p.m., E.D.T., May 2,

1995.

ADDRESSES: Written comments should

be mailed or hand delivered to Mr.

William J. Kovacic at the address listed

below.

Copies of the Kentucky 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 Lexington Field

Office.

Mr. William J. Kovacic, Lexington Field

Office, Office of Surface Mining

Reclamation and Enforcement, 2675

Regency Road, Lexington, Kentucky

40503, Telephone: (606) 233–2896′

Department for Surface Mining

Reclamation and Enforcement, #2

Hudson Hollow Complex, Frankfort,

Kentucky 40601, Telephone: (502)

564–6940.

FOR FURTHER INFORMATION CONTACT:

William J. Kovacic, Director, Lexington

Field Office, Telephone: (606) 233–

2896.

SUPPLEMENTARY INFORMATION:

I. Background on the Kentucky

Program

On May 18, 1982, the Secretary of the

Interior conditionally approved the

Kentucky program. General background

information on the Kentucky program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval of the Kentucky

program can be found in the May 18,

1982, Federal Register (47 FR 21404).

Subsequent actions concerning

Kentucky’s program and program

amendments can be found at 30 CFR

917.11, 917.15, 917.16, and 917.17.

II. Description of the Proposed

Amendment

By letter dated July 19, 1994,

Kentucky submitted a proposed

amendment to its program pursuant to

SMCRA (Administrative Record No.

1304). Kentucky submitted the proposed

amendment at its own initiative. The

provisions of the Kentucky

Administration Regulations (KAR)

Kentucky proposed to amend were: 405

KAR 7:015—Documents Incorporated by

Reference, 405 KAR 7:095—Assessment

of Civil Penalties, 405 KAR 10:010—

General Requirements for Performance

Bond and Liability Insurance, 405 KAR

16:020—Contemporaneous Reclamation,

405 KAR 16:200—Revegetation for

Surface Coal Mining, and 405 KAR

18:200—Revegetation for Underground

Mining Operations.

OSM announced receipt of the

proposed amendment in the August 9,

1994, Federal Register (59 FR 40503),

provided an opportunity for a public

hearing or meeting on its substantive

adequacy, and invited public comment

on its adequacy (Administrative Record

No. 1322). Because no one requested a

public hearing or meeting, none was

held. The public comment period ended

on September 8, 1994.

On March 2, 1995, Kentucky

submitted additional revisions to 405

KAR 7:095—Assessment of Civil

Penalties, and 405 KAR 16:200 and

18:200—Revegetation (Administrative

Record No. 1347). 405 KAR 7:095

section 5(2) is proposed to be revised to

clarify that the penalty which can be

assessed under this section is in

addition to the civil penalty which can

be assessed under section 5(1), and to

add section 7 which incorporates by

reference Kentucky’s January 6, 1995,

‘‘Procedures for Assessment of Civil

Penalties’’. Several revisions were made

to proposed 405 KAR 16:200 and

18:200—Revegetation. Proposed section

1(4) is being revised to clarify that this

section does not negate the requirement

at 405 KAR 16:180 and 18:180 section

3(2) that ‘‘where cropland is intended to

be the postmining land use, and where

appropriate for wildlife and cropmanagement practices, the permittee

shall intersperse the fields with tree,

hedges, or fence rows throughout the

harvested area to break up large blocks

of monoculture and to diversify habitat

types for birds and other animals.’’

Proposed section 5(2)(b)2 is being

revised to specifically identify the

‘‘Kentucky Agricultural Statistics’’

documents being relied upon (except for

prime farmland) for average county

yields of row crops. Proposed section 6

is being revised to reduce the stocking

rates for trees from 450 to 300 plants per

acre, and to require all permit

applications submitted after February

22, 1995, which propose to plant trees

and shrubs for wildlife habitat, to use

species listed in Appendix A of New