18100 Federal Register / Vol. 61, No. 80 / Wednesday, April 24, 1996 / Proposed Rules

(Acumenics Research and Technology,

Incorporated), The Influence of Total Flight

Time, Recent Flight Time and Age on Pilot

Accident Rates, Final Report (1983) (First

Golaszewski Report); and General Aviation

Safety Studies: Preliminary Analysis of Pilot

Proficiency (1991) (Second Golaszewski

Report) (section II(b)).

Correction of Publication

Accordingly, the publication on

Wednesday, December 20, 1995, of the

Disposition of comments and notice of

agency decisions (FR Doc. 95–30546) is

corrected as follows:

1. On page 65979, in the third

column, line 28, the word ‘‘and’’ is

inserted before the word ‘‘General’’.

2. On page 65979, lines 30 through 33,

the words ‘‘and his subsequent work,

Additional Analysis of General Aviation

Pilot Proficiency (1993)’’ are removed.

Issued in Washington, DC on April 18,

1996.

Donald P. Byrne,

Assistant Chief Counsel for Regulations.

[FR Doc. 96–9991 Filed 4–19–96; 10:04 am]

BILLING CODE 4910–13–M

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Chapter I

Meeting of the Indian SelfDetermination Negotiated Rulemaking

Committee

AGENCY: Bureau of Indian Affairs,

Interior; Indian Health Service,

Department of Health and Human

Services.

ACTION: Notice of meeting.

SUMMARY: The Department of the

Interior (DOI), Secretary of the Interior

and the Secretary of Health and Human

Services (DHHS) have established an

Indian Self-Determination Negotiated

Rulemaking committee (Committee) to

negotiate and develop a proposed rule

implementing the Indian SelfDetermination and Education

Assistance Act (ISDEAA), as amended.

The Departments have determined

that the establishment of this Committee

is in the public interest and will assist

the agencies in developing regulations

authorized under section 107 of the

ISDEAA. The agenda for this meeting

will include the Committee’s review of

public comments submitted in response

to the Notice of Proposed Rule Making

(NPRM), which appeared in the Federal

Register on January 24, 1996. The

Committee plans to submit a final report

with recommendations to the

Secretaries of DOI and HHS for

promulgation of a final rule.

DATES: The Committee and appropriate

work groups will meet on the following

days beginning at approximately 8:30

a.m. and ending at approximately 5:00

p.m. each day: Monday, April 29,

Tuesday, April 30, Wednesday, May 1,

Thursday, May 2, and Friday, May 3.

ADDRESSES: All meetings April 29

through May 3, 1996, will be held at the:

Sheraton Denver West Hotel &

Conference Center, 360 Union

Boulevard, Lakewood, Colorado 80228,

telephone: (303) 987–2000. (Work

groups will also be meeting at the same

location.)

Written statements may be submitted

to Mr. James J. Thomas, Chief, Division

of Self-Determination Services, Bureau

of Indian Affairs, 1849 C Street, NW,

MS: 4627–MIB, Washington, D.C.

20240, telephone (202) 208–3708.

FOR FURTHER INFORMATION CONTACT: Mr.

James J. Thomas, Chief, Division of SelfDetermination Services, Bureau of

Indian Affairs, 1849 C Street NW,

MS:4627–MIB, Washington, DC 20240,

telephone (202) 208–3708 or Mrs. Merry

L. Elrod, Program Analyst, Division of

Self-Determination Services, Indian

Health Service, 5600 Fishers Lane,

Parklawn Building, Room 6A–05,

Rockville, MD 20857, telephone (301)

443–1044.

SUPPLEMENTARY INFORMATION: This is an

emergency Notice due to legislation

extending authorization to promulgate

rule. The meeting will be open to the

public without advanced registration.

Public attendance may be limited to

the space available. Members of the

public may make statements during the

meeting, to the extent time permits and

file written statements with the

Committee for its consideration. Written

statements should be submitted to the

address listed above. Summaries of

Committee meetings will be available

for public inspection and copying ten

days following the meeting at the same

address. In addition, the material

received to date during the input

sessions are available for inspection and

copying at the same address.

Dated: April 11, 1996.

Ada E. Deer,

Assistant Secretary-Indian Affairs.

[FR Doc. 96–10057 Filed 4–23–96; 8:45 am]

BILLING CODE 4310–02–P

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 934

[SPATS No. ND–034–FOR, State

Amendment No. XXIII]

North Dakota 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: The Office of Surface Mining

Reclamation and Enforcement (OSM) is

announcing receipt of a proposed

amendment to the North Dakota

regulatory program (hereinafter, the

‘‘North Dakota program’’) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

proposed amendment consists of

revisions to North Dakota’s rules to

reflect the new name of the U.S.

Department of Agriculture’s Soil

Conservation Service (i.e., change it to

the Natural Resource Conservation

Service), revisions to clarify the

required scale of annual maps, revisions

to revegetation success standards for

prime farmland and lands used for

recreational purposes, and revisions to

the time allowed for implementation of

a rule previously approved by OSM as

an alternative method for determining

the required depth of soil respreading.

The amendment is intended to revise

the North Dakota program to be

consistent with the corresponding

Federal regulations as well as with

SMCRA, incorporate the additional

flexibility afforded by the revised

Federal regulations and SMCRA, and

provide additional safeguards, clarify

ambiguities, and improve operational

efficiency.

DATES: Written comments must be

received by 4:00 p.m., m.d.t., May 24,

1996. If requested, a public hearing on

the proposed amendment will be held

on May 20, 1996. Requests to present

oral testimony at the hearing must be

received by 4:00 p.m., m.d.t., on May 9,

1996.

ADDRESSES: Written comments should

be mailed or hand delivered to Guy

Padgett at the address listed below.

Copies of the North Dakota 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
Federal Register / Vol. 61, No. 80 / Wednesday, April 24, 1996 / Proposed Rules 18101

amendment by contacting OSM’s

Casper, Wyoming, Field Office.

Guy Padgett, Director, Casper Field

Office, Office of Surface Mining

Reclamation and Enforcement, 100

East B. Street, Federal Building, Room

2128, Casper, Wyoming 82601–1918

Edward J. Englerth, Director,

Reclamation Division, North Dakota

Public Service Commission, Capitol

Building, Bismarck, North Dakota,

Telephone: 701–328–4092

FOR FURTHER INFORMATION CONTACT: Guy

Padgett, Telephone: 307–261–6550.

Internet address:

GPADGETT@OSMRE.GOV.

SUPPLEMENTARY INFORMATION:

I. Background on the North Dakota

Program

On December 15, 1980, the Secretary

of the Interior conditionally approved

the North Dakota program. General

background information on the North

Dakota program, including the

Secretary’s findings, the disposition of

comments, and conditions of approval

of the North Dakota program can be

found in the December 15, 1980,

Federal Register (45 FR 82214).

Subsequent actions concerning North

Dakota’s program and program

amendments can be found at 30 CFR

934.15, 934.16 and 934.30.

II. Proposed Amendment

By letter dated March 20, 1996, North

Dakota submitted a proposed

amendment to its program (amendment

No. XXIII, administrative record No.

ND–Y–01) pursuant to SMCRA (30

U.S.C. 1201 et seq.). North Dakota

submitted the proposed amendment in

response to a letter, dated November 22,

1995, from OSM, and the required

program amendments at 30 CFR 934.16

(aa) and (bb). Described below are

changes that North Dakota proposes to

its rules.

Revision of the following rules to

reflect the new name of the United

States Soil Conservation Service, i.e.,

the Natural Resource Conservation

Service: NDAC 69–05.2–01–02, 69–

05.2–08–08, 69–05.2–08–09, 69–05.2–

10–01, 69–05.2–10–03, 69–05.2.22–02,

and 69–05.2–27–02.

Revision of the various rules to reflect

the new name of the State Department

of Health and Consolidated

Laboratories, i.e., the State Department

of Health: NDAC 69–05.2–13–05, 69–

05.2–13–07, 69–05.2–16–02, 69–05.2–

16–04, 69–05.2–16–05, and 69–05.2–19–

02.

Revision of the rule at NDAC 69–

05.2–09–02 to conform more closely to

30 CFR 780.14(b)(5) which relates to the

disposal of noncoal wastes in the permit

area, and to provide a cross-reference to

the State Department of Health solid

waste management rules.

Revision of the rule at NDAC 69–

05.2–13–02 to change the standard for

map scales with the intent of making

them easier to produce as well as more

manageable to use and store.

Revision of the rule at NDAC 69–

05.2–15–04, which extends the effective

date of the suitable plant growth

material option by 2 years, to the end of

1998. North Dakota indicated that this

will enable it to conduct additional

research comparing the effectiveness of

the option with the option of

respreading all suitable plant growth

material inventoried and removed.

Revision of the rule at NDAC 69–

05.2–19–04 to reflect the name change

to the State Department of Health, to

indicate what is meant by noncoal

wastes as defined by the State

Department of Health rules on solid

waste disposal, to address the disposal

of wastes containing asbestos, and to

show clearly that combustible materials

must be disposed of as required by the

State Department of Health.

Revision of the performance standards

for prime farmland at NDAC 69–05.2–

22–07 with the intent of partly

satisfying 30 CFR 934.16(aa). This

proposed change would require that

permittees demonstrate restoration of

prime farmland productivity before

qualifying for third stage bond release.

In addition, North Dakota proposes to

add a new subsection with the intent of

partly satisfying 30 CFR 934.16(bb). The

new subsection addresses the stocking

and plant establishment standards for

woody plants in areas to be developed

for recreation.

Revision of the rule at 69–05.2–26–05

to make cross-reference corrections and

to add the terms, ‘‘average annual’’ and

‘‘average’’ for clarity. Also, language that

North Dakota considers superfluous is

proposed to be deleted.

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

North Dakota 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

person listed under FOR FURTHER

INFORMATION CONTACT by 4:00 p.m.,

m.d.t. on May 9, 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 specific 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 person 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
18102 Federal Register / Vol. 61, No. 80 / Wednesday, April 24, 1996 / Proposed Rules

(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 the National

Environmental Policy Act of 1969 (42

U.S.C. 4332(2)(C)).

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 934

Intergovernmental relations, Surface

mining, Underground mining.

Dated: April 17, 1996.

Russell F. Price,

Acting Regional Director, Western Regional

Coordinating Center.

[FR Doc. 96–10056 Filed 4–23–96; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 217 and 227

[Docket No. 950830222–6103–02; I.D.

011696D]

RIN 0648–AH89

Sea Turtle Conservation; Revisions to

Sea Turtle Conservation

Requirements; Restrictions to Shrimp

Trawling Activities; Hearings

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; hearings; request

for comments.

SUMMARY: NMFS proposes to amend the

regulations protecting sea turtles to

enhance their effectiveness in reducing

sea turtle mortality resulting from

shrimp trawling in the Atlantic and Gulf

Areas in the southeastern United States.

Proposed amendments to strengthen the

sea turtle conservation measures are:

Removal of the approval of the use of all

soft turtle excluder devices (TEDs)

effective December 31, 1996; requiring

by December 31, 1996, the use of NMFSapproved hard TEDs in try nets with a

headrope length greater than 12 ft (3.6

m) or a footrope length greater than 15

ft (4.6 m); establishing Shrimp Fishery

Sea Turtle Conservation Areas

(SFSTCAs) in the northwestern Gulf of

Mexico consisting of the offshore waters

out to 10 nautical miles (nm)(18.5 km)

along the coasts of Louisiana and Texas

from the Mississippi River South Pass

(west of 89°08.5′ W. long.) to the U.S.-

Mexican border, and in the Atlantic

consisting of the inshore waters and

offshore waters out to 10 nm (18.5 km)

along the coasts of Georgia and South

Carolina from the Georgia-Florida

border to the North Carolina-South

Carolina border; and, within the

SFSTCAs, removing the approval of all

soft TEDs, imposing the new try net

restrictions, and prohibiting the use of

bottom-opening hard TEDs, effective 30

days after publication of the final rule.

DATES: Comments on this proposed rule

must be submitted on or before June 10,

1996.

ADDRESSES: Comments on this proposed

rule and requests for a copy of the

environmental assessment (EA)

prepared for this proposed rule should

be addressed to the Chief, Endangered

Species Division, Office of Protected

Resources, NMFS, 1315 East-West

Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT:

Charles A. Oravetz, 813–570–5312, or

Therese A. Conant, 301–713–1401.

SUPPLEMENTARY INFORMATION:

Background

All sea turtles that occur in U.S.

waters are listed as either endangered or

threatened under the Endangered

Species Act of 1973 (ESA). The Kemp’s

ridley (Lepidochelys kempi), leatherback

(Dermochelys coriacea), and hawksbill

(Eretmochelys imbricata) are listed as

endangered. Loggerhead (Caretta

caretta) and green (Chelonia mydas)

turtles are listed as threatened, except

for breeding populations of green turtles

in Florida and on the Pacific coast of

Mexico, which are listed as endangered.

The incidental take and mortality of

sea turtles as a result of shrimp trawling

activities have been documented in the

Gulf of Mexico and along the Atlantic

seaboard. Under the ESA and its

implementing regulations, taking sea

turtles is prohibited, with exceptions set

forth at 50 CFR 227.72. The incidental

taking of turtles during shrimp trawling

in the Gulf and Atlantic Areas is

excepted from the taking prohibition if

the conservation measures specified in

the sea turtle conservation regulations

(50 CFR part 227, subpart D) are

employed. The regulations require most

shrimp trawlers operating in the Gulf of

Mexico and Southeast U.S. Atlantic to

have a NMFS-approved TED installed in

each net rigged for fishing, year round.

1994–95 Events

Beginning in April 1994, coinciding

with heavy nearshore shrimp trawling

activity, unusually high numbers of

dead sea turtles stranded along the

coasts of Texas, Louisiana, Georgia, and

northeast Florida. The strandings

continued through May and occurred in

highest numbers where shrimping

activity was heaviest. Texas waters were

closed to shrimping from May 13

through July 7, 1994. During that time,

Texas strandings decreased, but again

increased when Texas waters reopened.

In response, NMFS increased

enforcement efforts and technical

assistance. Subsequently, strandings

again decreased. Finally, when NMFS

resumed normal enforcement efforts,

high numbers of dead turtles again

stranded on northern Texas beaches. As