25426 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

the powers and duties of the

Commission at NDCC 38–14.2–03(14),

concerning the eligibility of successful

bidders to receive AMLR contracts and

(2) procurement procedures at section

IV. C. 5 of the North Dakota plan

provisions, concerning noncompetitive

negotiation (sole-source procurement)

when emergency or severe time

constraints preclude issuing a formal

request for proposals. OSM notified

North Dakota of the concerns by letter

dated December 7, 1995 (administrative

record No. ND–X–04). North Dakota

responded in a letter dated April 30,

1996, be submitting additional

explanatory information (administrative

record No. ND–X–09).

North Dakota proposes additional

explanatory information for NDCC 38–

14.2–03(14), contractor responsibility,

in the form of a policy that provides

guidelines to govern the selection of

successful bidders for AMLR contracts,

and section IV. C. 5 of its plan

provisions, procurement procedures, in

the form of a statement concerning solesource procurement.

Specifically, North Dakota proposes to

add a policy statement that requires a

background search of successful bidders

for AMLR contracts, provides the

criteria to be used in determining the

eligibility of the successful bidder under

30 CFR 773.15(b)(1) at the time of

contract award, limits the award of the

AMLR contract to a successful bidder

who meets the criteria used to

determine eligibility, and provides that

the eligibility determination will be

made through OSM’s Applicant/

Violator System for each AMLR contract

to be awarded. North Dakota also

proposes that the Federal regulation at

43 CFR 12.76(d)(4)(i)(B), which is cited

in OSM’s December 7, 1995, issue letter,

and implements one part of the Office

of Management and Budget (OMB)

Circular A–102 (commonly known as

the ‘‘Common Rule’’), does not apply to

States and that States are required to

abide by 43 CFR 12–76(a) only.

III. Public Comment Procedures

OSM is reopening the comment

period on the proposed North Dakota

plan amendment to provide the public

an opportunity to reconsider the

adequacy of the proposed amendment

in light of the additional materials

submitted. In accordance with the

provisions of 30 CFR 884.15(a), OSM is

seeking comments on whether the

proposed amendment satisfies the

applicable plan approval criteria of 30

CFR 884.14. If the amendment is

deemed adequate, it will become part of

the North Dakota plan.

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.

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 12988

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988

(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 Tribe or State AMLR

plans and revisions thereof since each

such plan is drafted and promulgated by

a specific Tribe or State, not by OSM.

Decisions on proposed Tribe or State

AMLR plans and revisions thereof

submitted by a Tribe or State are based

on a determination of whether the

submittal meets the requirements of

Title IV of SMCRA (30 U.S.C. 1231–

1243) and the applicable Federal

regulations at 30 CFR Parts 884 and 888.

3. National Environmental Policy Act

No environmental impact statement is

required for this rule since agency

decisions on proposed Tribe or State

AMLR plans and revisions thereof are

categorically excluded from compliance

with the National Environmental Policy

Act (42 U.S.C. 4332) by the Manual of

the Department of the Interior (516 DM

6, appendix 8, paragraph 8.4B(29)).

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 Tribe or State

submittal which is the subject of this

rule is based upon 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 established by

SMCRA or previously promulgated by

OSM will be implemented by the Tribe

or 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.

6. Unfunded Mandates Reform Act

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 934

Abandoned mine reclamation

programs, Intergovernmental relations,

Surface mining, Underground mining.

Dated: May 9, 1996.

Richard J. Seibel,

Regional Director, Western Regional

Coordinating Center.

[FR Doc. 96–12726 Filed 5–20–96; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 936

[OK–018–FOR]

Oklahoma Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing on proposed amendment.

SUMMARY: OSM is announcing receipt of

a propose amendment to the Oklahoma

regulatory program (hereinafter, the

‘‘Oklahoma program’’) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

proposed amendment consists of

revisions to Oklahoma’s Coal Program

Rules and Regulations. Oklahoma

proposes to recodify and reinstate rules

pertaining to an exemption for coal

extraction incidental to governmentfinanced or other construction. The

amendment is intended to revise the

Oklahoma program to be consistent with

the corresponding Federal regulations.

DATES: Written comments must be

received by 4:00 p.m., c.d.t., June 20,

1996. If requested, a public hearing on

the proposed amendment will be held

on June 17, 1996. Requests to present

oral testimony at the hearing must be

received by 4:00 p.m., c.d.t., on June 5,

1996.
Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25427

ADDRESSES: Written comments should

be mailed or hand delivered to Jack R.

Carson, Acting Director, Tulsa Field

Office, at the address listed below.

Copies of the Oklahoma 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 Tulsa Field Office.

Jack R. Carson, Acting Director, Tulsa

Field Office, Office of Surface Mining

Reclamation and Enforcement, 5100

East Skelly Drive, Suite 470 Tulsa,

Oklahoma, 74135–6547, Telephone:

(918) 581–6430.

Oklahoma Department of Mines, 4040

N. Lincoln Blvd., Suite 107,

Oklahoma City, Oklahoma 73105,

Telephone: (405) 521–3859.

FOR FURTHER INFORMATION CONTACT: Jack

R. Carson, Telephone: (918) 581–6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Oklahoma

Program

On January 19, 1981, the Secretary of

the Interior conditionally approved the

Oklahoma program. General background

information on the Oklahoma program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval of the Oklahoma

program can be found in the January 19,

1981, Federal Register (46 FR 4902).

Subsequent actions concerning

Oklahoma’s program and program

amendments can be found at 30 CFR

936.15 and 936.16.

II. Proposed Amendment

By letter dated April 26, 1996,

Oklahoma submitted a proposed

amendment to its program pursuant to

SMCRA (Administrative Record No.

OK–974). Oklahoma submitted the

proposed amendment at its own

initiative. Oklahoma proposes to

reinstate rules pertaining to an

exemption for coal extraction incidental

to government-financed or other

construction. These rules were

previously codified as part 707.

Oklahoma proposes to recodify these

rules at Oklahoma Administrative Code

(OAC) 460, Chapter 20, Subchapter 6.

Section 460:20–6–1, Purpose

This section specifies the purpose of

Subchapter 6 as establishing procedures

for determining those surface coal

mining and reclamation operations that

meet the exemption criteria for coal

extraction as an incidental part of

government-financed construction.

Section 460:20–6–2, Responsibility

This section specifies that the

Department of Mines is responsible for

enforcing the requirements of

Subchapter 6. It also specifies that

persons conducting coal extraction as an

incidental part of government-financed

construction is responsible for keeping

specified documentation on the site of

the extraction operation.

Section 460:20–6–3, Definitions

This section contains definitions for

the terms ‘‘Extraction of coal as an

incidental part’’; ‘‘Government

financing agency’’; and ‘‘Governmentfinanced construction.’’

Section 460:20–6–4, Applicability

This section specifies that a permit

must be obtained unless the coal

extraction is an incidental part of

government-financed construction.

Section 460:20–6–5, Information to be

Maintained on Site

This section specifies the information

that must be maintained on the site of

the extraction operation.

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

Oklahoma 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 Tulsa 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.,

c.d.t., on June 5, 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 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 12988

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988

(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
25428 Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules

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.

6. Unfunded Mandates

This rule will not impose a cost of

$100 million or more in any given year

on any governmental entity or the

private sector.

List of Subjects in 30 CFR Part 936

Intergovernmental relations, Surface

mining, Underground mining.

Dated: May 9, 1996.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

[FR Doc. 96–12725 Filed 5–20–96; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 17

RIN 2900–AH77

Contract Program for Veterans With

Alcohol and Drug Dependence

Disorders

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

SUMMARY: This document proposes to

amend 38 CFR Part 17 by modifying

eligibility criteria for veterans

participating by contract in the

Department of Veterans Affairs’ program

of alcohol and drug dependence or

abuse treatment and rehabilitation in

residential and nonresidential facilities.

Current regulations stipulate that, prior

to participation in contract care under

this program, veterans must be provided

hospital care in facilities over which the

Secretary has direct jurisdiction. It is

proposed to change the regulations to

stipulate that, prior to participation in

contract care, veterans must have been

or must be receiving care (regardless of

whether it was or is hospital care) by

professional staff over whom the

Secretary has jurisdiction (regardless of

whether it is direct jurisdiction). The

proposed elimination of the requirement

of ‘‘hospital care’’ appears to be

necessary to address changed clinical

practices and continue the intended

program. In the past, substance abuse

treatment generally was provided in a

hospital setting. Now, much substance

abuse treatment also is provided in an

ambulatory care or residential setting.

Also, the proposal to change ‘‘direct

jurisdiction of the Secretary’’ to

‘‘jurisdiction of the Secretary’’ would

allow for continuation of any cases in

which VA has had involvement

(including, among other things, fee basis

care) and thereby help ensure that a

complete course of treatment is

provided.

DATES: Comments must be received on

or before July 22, 1996.

ADDRESSES: Mail written comments

concerning these proposed regulations

to: Director, Office of Regulations

Management (02D), Department of

Veterans Affairs, 810 Vermont Avenue,

NW., Washington, DC 20420; or hand

deliver written comments to: Office of

Regulations Management, Room 1176,

801 Eye Street, NW., Washington, DC

20001. Comments should indicate that

they are submitted in response to ‘‘RIN

2900–AH77.’’ All written comments are

available for public inspection in the

Office of Regulations Management,

Room 1176, 801 Eye Street, NW.,

Washington, DC 20001 between the

hours of 8:00 a.m. and 4:30 p.m.,

Monday through Friday (except

holidays).

FOR FURTHER INFORMATION CONTACT:

Karen G. Boies, Ph. D., Deputy Associate

Director for Addictive Disorders and

Psychiatric Rehabilitation, Veterans

Health Administration, Department of

Veterans Affairs, (202) 565–7316.

SUPPLEMENTARY INFORMATION: This

proposed rule is authorized under

provisions of 38 U.S.C. 501 and 38

U.S.C. 1720A.

The Secretary hereby certifies that the

provisions of the proposed rule would

not have a significant economic impact

on a substantial number of small entities

as they are defined in the Regulatory

Flexibility Act, 5 U.S.C. 601–612. There

does not appear to be a basis for

considering special provisions for small

entities since, in all likelihood, only

entities that are small entities would

conduct activities affected by this rule.

Also, because of budgetary constraints

and the high utilization of this program,

we anticipate no change in the total

number of bed days of care paid by VA

to participating small entities.

Therefore, pursuant to 5 U.S.C. 605(b),

this rule is exempt from the initial and

final regulatory flexibility analyses

requirements of sections 603 and 604.

List of Subjects in 38 CFR Part 17

Alcoholism, Claims, dental health,

Drug abuse, Foreign relations,

Government contracts, Grant program—

health, Health care, Health facilities,

Health professions, Medical devices,

Medical research, Mental health

programs, Nursing homes, Philippines,

Veterans.

Approved: February 20, 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out in the

preamble, 38 CFR part 17 is proposed to

be amended as follows:

PART 17—MEDICAL

1. The authority citation for part 17

continues to read as follows:

Authority: 38 U.S.C. 501, 1721, unless

otherwise noted.

2. In section 17.80, paragraph (a)(1) is

revised to read as follows:

§ 17.80 Alcohol and drug dependence or

abuse treatment and rehabilitation in

residential and nonresidential facilities by

contract.

(a) * * *

(1) Veterans who have been or are

being furnished care by professional