Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Proposed Rules 20773

Original amendment submission dateDate of final

publication

April 26, 1994 .................... Sept. 1, 1994.

April 18, 1994 .................... Sept. 16, 1994.

Oct. 3, 1994 ....................... Feb. 15, 1995.

April 29, 1994 .................... June 27, 1995.

(b) The Director is deferring his

decision on the enforcement provisions

of section 720 of the Act from its

effective date (October 24, 1992), to the

effective date of KRS 350.421 (1) and (2)

(July 15, 1994).

26. Section 917.21 is revised to read

as follows:

§ 917.21 Approval of Kentucky abandoned

mine land reclamation plan amendments.

(a) The Kentucky Amendment,

submitted to OSM on December 8, 1982,

is approved. You may receive a copy

from:

(1) Commonwealth of Kentucky,

Natural Resources and Environmental

Protection Cabinet, Division of

Abandoned Lands, 618 Teton Trail,

Frankfort, Kentucky 40601; or

(2) Office of Surface Mining

Reclamation and Enforcement,

Lexington Field Office, 2675 Regency

Road, Lexington, Kentucky 40503–2922.

(b) The Kentucky Abandoned Mine

Reclamation Amendment, submitted to

OSM on March 25, 1985, is approved.

Copies may be obtained at the addresses

listed in paragraph (a).

(c) The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Original amendment submission dateDate of final

publication

June 24, 1992 .................... Dec. 17, 1992.

May 5, 1994 ....................... July 29, 1994.

PART 918—LOUISIANA

27. The authority citation for part 918

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

28. Section 918.15 is revised to read

as follows:

§ 918.15 Approval of Louisiana regulatory

program amendments.

The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Original amendment submission dateDate of final

publication

Jan. 19, 1990 ..................... May 8, 1991.

Original amendment submission dateDate of final

publication

Aug. 14, 1990 .................... May 21, 1991.

Nov. 12, 1991 .................... Oct. 28, 1992.

May 3, 1994 ....................... Sept. 20, 1994.

Nov. 2, 1994 ...................... Jan. 24, 1995.

PART 920—MARYLAND

29. The authority citation for part 920

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

30. Section 920.15 is revised to read

as follows:

§ 920.15 Approval of Maryland regulatory

program amendments.

The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Original amendment submission dateDate of final

publication

Oct. 28, 1982 ..................... Feb. 8, 1984.

May 28, 1984 and Oct. 5,

1984.

Jan. 22, 1985.

Jan. 30, 1985 ..................... Sept. 10, 1985.

Jan. 13, 1984; June 8,

1984; Aug. 7, 1984; Oct.

10, 1984 and Nov. 9,

1984.

Nov. 18, 1985.

Jan. 14, 1986 and May 15,

1986.

Dec. 12, 1986.

March 18, 1986 and April

23, 1986.

Jan. 30, 1987.

July 8, 1987 and June 10,

1988.

June 5, 1990.

March 30, 1989 .................. Jan. 11, 1991.

June 15, 1989 .................... March 21, 1991.

Sept. 28, 1990 and Nov.

21, 1990.

April 26, 1991.

March 27, 1989 .................. May 22, 1991.

March 23, 1990 .................. June 21, 1991.

Oct. 31, 1989 ..................... Aug. 9, 1991.

Dec. 6, 1990 ...................... Dec. 2, 1991.

June 10, 1988; June 14,

1989 and June 15, 1989.

Dec. 5, 1991.

May 7, 1991 and May 16,

1991.

Jan. 10, 1992.

Jan. 23, 1992 ..................... Sept. 24, 1992.

June 11, 1992 .................... Nov. 16, 1992.

July 14, 1992 ..................... Dec. 17, 1992.

June 23, 1992 .................... Dec. 30, 1992.

Oct. 21, 1992 ..................... May 17, 1993.

Feb. 23, 1993 .................... June 17, 1993.

Feb. 7, 1992 ...................... June 22, 1993.

Feb. 5, 1993 ...................... July 6, 1993.

Feb. 25, 1994 .................... June 30, 1994.

May 16, 1994 and May 31,

1994.

Nov. 14, 1994.

June 16, 1995 .................... Nov. 9, 1995.

31. Section 920.25 is revised to read

as follows:

§ 920.25 Approval of Maryland abandoned

mine land reclamation plan amendments.

The following is a list of the dates

amendments were submitted to OSM

and the dates when the Director’s

decision approving all, or portions of

these amendments, were published in

the Federal Register:

Original amendment submission dateDate of final

publication

Sept. 4, 1992 ..................... March 22, 1993.

Aug. 19, 1993 .................... Dec. 9, 1994.

[FR Doc. 96–11306 Filed 5–7–96; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 950

[WY–026]

Wyoming Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing on proposed amendment.

SUMMARY: Office of Surface Mining

Reclamation and Enforcement (OSM) is

announcing receipt of a proposed

amendment to the Wyoming regulatory

program (hereinafter, the ‘‘Wyoming

program’’) under the Surface Mining

Control and Reclamation Act of 1977

(SMCRA). The proposed amendment

consists of revisions to statutes

pertaining to in situ mining. The

amendment is intended to revise the

Wyoming program to be consistent with

SMCRA.

DATES: Written comments must be

received by 4:00 p.m., m.d.t. June 7,

1996. If requested, a public hearing on

the proposed amendment will be held

on June 3, 1996. Requests to present oral

testimony at the hearing must be

received by 4:00 p.m., m.d.t. on May 23,

1996.

ADDRESSES: Written comments should

be mailed or hand delivered to Guy

Padgett at the address listed below.

Copies of the Wyoming 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 Casper Field Office.

Guy Padgett, Director, Casper Field

Office, Office of Surface Mining

Reclamation and Enforcement,

Federal Building, Room 2128, 100

East ‘‘B’’ Street, Casper, Wyoming

82601–1918

Dennis Hemmer, Director, Department

of Environmental Quality, Herschler

Building—4th Floor West, 125 West
20774 Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Proposed Rules

25th Street, Cheyenne, Wyoming

82002, Telephone: (307) 777–7938

FOR FURTHER INFORMATION CONTACT:

Guy Padgett, Telephone: (307) 261–

5824, Internet address:

GPADGETT@OSMRE.GOV.

SUPPLEMENTARY INFORMATION:

I. Background on the Wyoming

Program

On November 26, 1980, the Secretary

of the Interior conditionally approved

the Wyoming program. General

background information on the

Wyoming program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval of the Wyoming program can

be found in the November 26, 1980,

Federal Register (45 FR 78637).

Subsequent actions concerning

Wyoming’s program and program

amendments can be found at 30 CFR

950.11, 950.12, 950.15, 950.16, and

950.20.

II. Proposed Amendment

By letter dated April 18, 1996

(administrative record No. WY–32–02),

Wyoming submitted a proposed

amendment to its program pursuant to

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

Wyoming submitted the proposed

amendment in response to a January 27,

1995, letter (administrative record No.

WY–32–01) that OSM sent to Wyoming

in accordance with 30 CFR 732.17(c).

The provisions of the Wyoming

Environmental Quality Act that

Wyoming proposes to revise are:

Wyoming Statute (W.S.) 35–11–426, in

situ mineral mining permits and testing

licenses, and W.S. 35–11–431, research

and development licenses, renewals,

and applications.

Specifically, Wyoming proposes to

revise W.S. 35–11–426 to read as

follows (italicized words denote

proposed additions and words enclosed

in brackets denote proposed deletions):

35–11–426. In situ mineral mining permits

and testing licenses.

(a) Any person desiring to engage in situ

mineral mining or research and development

testing is governed by this act. [Any general

provisions of the act which are more

stringent than the particular requirements

contained in W.S. 35–11–427 through 35–11–

436 shall control for purposes of the

regulation of coal in situ processing activity.]

(b) All provisions of this act applicable to

a surface coal mining operation, as defined

in W.S. 35–11–103(e)(xx), shall apply to coal

in situ operations, regardless of whether such

operations are connected with existing

surface or underground coal mines, including

research and development testing licenses, in

addition to the requirements of W.S. 35–11–

427 through 35–11–436.

Wyoming proposes to revise W.S. 35–

11–426 to read as follows:

35–11–431. Research and development

license; renewal; application.

(a) A special license to conduct research

and development testing may be issued by

the administrator for a one (1) year period

without a permit and may be renewed

annually. An application for a research and

development testing license shall be

accompanied by a fee of twenty-five dollars

($25.00) and shall include:

* * * * *

(vi) [Proof of notice and mailing to all

persons within one half (1⁄2) mile of the

license area having a valid legal estate of

record] All requirements of W.S. 35–11–406

(j) and (k); and

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 732.17(h), OSM is seeking

comments on whether the proposed

amendment satisfies the applicable

program approval criteria of 30 CFR

732.15. If the amendment is deemed

adequate, it will become part of the

Wyoming program.

1. 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 Casper Field

Office will not necessarily be

considered in the final rulemaking or

included in the administrative record.

2. Public Hearing

Persons wishing to testify at the

public hearing should contact the

persons listed under FOR FURTHER

INFORMATION CONTACT by 4:00 p.m.,

m.d.t. on May 23, 1996. 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. The location and time of the

hearing will be arranged with those

persons requesting the hearing. If no one

requests an opportunity to testify at the

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 testify have been heard.

Persons in the audience who have not

been scheduled to testify, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

testify and persons present in the

audience who wish to testify have been

heard.

3. Public Meeting

If only one persons requests an

opportunity to testify 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 amendment may

request a meeting by contacting the

person listed under ‘‘FOR FURTHER

INFORMATION CONTACT.’’ All such

meetings will be open to the public and,

if possible, notices of meetings will be

posted at the locations listed under

‘‘ADDRESSES.’’ A written summary of

each meeting will be made a part of the

administrative record.

IV. 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 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

the Federal regulations at 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.

3. 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 National

Environmental Policy Act of 1969 (42

U.S.C. 4332 (2)(C)).
Federal Register / Vol. 61, No. 90 / Wednesday, May 8, 1996 / Proposed Rules 20775

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 State submittal

that is the subject of this rule is based

upon counterpart 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

counterpart Federal regulations.

List of Subjects in 30 CFR Part 950

Intergovernmental relations, Surface

mining, Underground mining.

Dated: April 25, 1996.

Russell F. Price,

Acting Regional Director, Western Regional

Coordinating Center.

[FR Doc. 96–11292 Filed 5–7–96; 8:45 am]

BILLING CODE 4310–05–M

National Park Service

36 CFR Part 7

RIN 1024–AC23

Voyageurs National Park, Aircraft

Operations—Designation of Areas

AGENCY: National Park Service, Interior.

ACTION: Proposed rule; reopening of

public comment period.

SUMMARY: The proposed rule would

amend the special regulations for

Voyageurs National Park by replacing

the interim rule (60 FR 39257) that was

published on August 2, 1995,

designating certain areas open to aircraft

use within the park. This rulemaking is

necessary to comply with NPS general

regulations that require special

regulatory designation for areas in parks

open to the operation or use by aircraft.

The intended effect of this rule is to

increase safety, protect resources and

provide appropriate enjoyment to all

park users.

The 1980 Master Plan for the park

states that float planes and ski planes

will be allowed upon all lakes deemed

safe by the Minnesota Department of

Transportation. It also stated this

allowance would be subject to the

findings of a wilderness study. The 1992

wilderness study. The 1992 wilderness

study recommended that planes be

allowed on the four major lakes (Rainy,

Kabetogama, Namakan and Sand Point),

as well as the following interior lakes:

Locator, War Club, Quill, Loiten,

Shoepack, Little Trout and Mukooda.

Each year the park receives an

increasing number of inquiries for

permission to land float planes in the

park.

Public aircraft use on park waters

occurred prior to the designation of the

park in 1971. This use is primarily

related to fishing, camping,

transportation to resorts and summer

dwellings and is typical for the area.

Float plane use is mainly associated

with the four major lakes with use of the

interior lakes constituting less than one

percent of the park’s use. Aircraft are

currently prohibited from using about

22 small interior lakes that have been

determined to be too small to use safely

by the Minnesota Department of

Transportation. Three other lakes that

have been used periodically and are

accessible by hiking trails will not be

opened to float plane use by this

regulation. The closing of these three

interior lakes will allow the park to

manage the interior lakes on an

equitable basis since other motorized

uses are prohibited.

DATES: Written Comments will be

accepted through September 5, 1996.

ADDRESSES: Comments should be

addressed to: Superintendent, Proposed

Regulation Comment, Voyageurs

National Park, 3131 Highway 53,

International Falls, MN 56649–8904.

FOR FURTHER INFORMATION CONTACT:

Chief Ranger, Voyageurs National Park,

3131 Highway 53, International Falls,

MN 56649–8904. Telephone (218) 283–

9821.

SUPPLEMENTARY INFORMATION:

Extended Comment Period: Voyageurs

National Park—Aircraft Operations,

Designation of Areas

This document announces a 120-day

reopening of the comment period for the

proposed rule—Voyageurs National

Park—Aircraft Operations, Designation

of Areas—that was published in the

Federal Register on January 31, 1996

(61 FR 3360). The initial comment

period expired on April 1, 1996.

Comments received during the initial

comment period requested additional

time to review the proposed regulation.

Accordingly, the comment period for

the proposed rule is hereby extended an

additional 120 days.

Dated: April 25, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 96–11397 Filed 5–7–96; 8:45 am]

BILLING CODE 4310–70–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 61

[FRL–5468–4]

RIN 2060–AF04

National Emission Standards for

Hazardous Air Pollutants; National

Emission Standard for Radon

Emissions From Phosphogypsum

Stacks

AGENCY: Environmental Protection

Agency.

ACTION: Proposed rule; Notice of

Reconsideration.

SUMMARY: On March 24, 1994, EPA

announced its decision concerning a

petition by The Fertilizer Institute (TFI)

seeking reconsideration of a June 3,

1992 final rule revising the National

Emission Standard for Radon Emissions

from Phosphogypsum Stacks, 40 CFR

Part 61, Subpart R. EPA partially

granted and partially denied the TFI

petition for reconsideration. Pursuant to

that decision, EPA is convening a

rulemaking to reconsider 40 CFR

61.205, the provision of the final rule

which governs distribution and use of

phosphogypsum for research and

development, and the methodology

utilized under 40 CFR 61.207 to

establish the average radium-226

concentration for phosphogypsum

removed from a phosphogypsum stack.

This document identifies proposed

changes to be considered as part of this

reconsideration and specific underlying

issues on which EPA seeks further

comment.

DATES: Comments concerning this

proposed rule must be received by EPA

on or before July 8, 1996. EPA will hold

a public hearing concerning this

proposed rule in Washington, D.C. if a

request for a hearing is received by EPA

by June 7, 1996. In the event a hearing

is requested, EPA will publish a

separate notice specifying the date and

location of the hearing.

ADDRESSES: Comments should be

submitted (in duplicate if possible) to:

Air and Radiation Docket and