Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Proposed Rules 19697

Federal entity of benefits of the

refinancing, such as debt service savings

and/or balances in reserves held under

the original Trust Indenture, such

proposal shall be referred to the Office

of the Assistant Secretary for Housing

for further review. HUD will consent to

release reserves, as provided by the

Trust Indenture, in an amount

remaining after correction of project

physical deficiencies and/or

replenishment of replacement reserves,

where needed, upon execution by the

project owner of a use agreement, and

amendment of a regulatory agreement, if

applicable, to extend low-income tenant

occupancy for ten years after expiration

of the HAPC. Proposed use of benefits

shall be consistent with applicable

appropriations law, the HAPC, and

other requirements applicable to the

original project financing, and the

proposed financing terms must be

reasonable in relation to bond market

yields and transaction fees, as approved

by HUD Central Office.

(h) Agencies shall have wide latitude

in the design of specific delivery

vehicles for use of McKinney Act

savings, subject to HUD audit of each

Agency’s performance in serving the

targeted income eligible population.

Savings shall be used for shelter costs of

providing housing, rental, or owneroccupied, to very low-income

households through new construction,

rehabilitation, repairs, and acquisition

with or without rehab, including

assistance to very low-income units in

mixed-income developments. Selfsufficiency services in support of very

low-income housing are also eligible,

specifically, homeownership

counseling, additional security

measures in high-crime areas,

construction job training for residents’

repair of housing units occupied by very

low-income families, and empowerment

activities designed to support formation

and growth of resident entities. Except

for the cost of providing third-party

program audit reports to HUD, eligible

costs exclude consultant fees or

reimbursement of Agency staff

expenses, even though the services may

involve programs of assistance to very

low-income families.

(i) Refunding bonds, including

interest thereon, approved under this

Section shall be exempt from all

taxation now or hereafter imposed by

the United States, and the notification of

approval of tax exemption shall not be

subject to revocation by HUD. Such

bonds shall be prepaid during the HAPC

term only under such conditions as

HUD shall require.

Dated: March 20, 1995.

Nicolas P. Retsinas,

Assistant Secretary for Housing-Federal

Housing Commissioner.

[FR Doc. 95–9727 Filed 4–19–95; 8:45 am]

BILLING CODE 4210–27–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 913

[IL–091]

Illinois Abandoned Mine Land

Reclamation Plan

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the Illinois

Abandoned Mine Land Reclamation

Plan (hereinafter referred to as the

‘‘Illinois plan’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The proposed

amendment pertains to the merger of the

Illinois Abandoned Mined Lands

Reclamation Council into the newly

created Illinois Department of Natural

Resources, Office of Mines and

Minerals. The Amendment is intended

to provide formal notification to OSM of

this pending reorganization.

DATES: Written comments must be

received by 4:00 p.m., C.D.T., May 22,

1995. If requested, a public hearing on

the proposed amendment will be held

on May 15, 1995. Requests to speak at

the hearing must be received by 4:00

p.m., C.D.T., on May 5, 1995.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to James F.

Fulton, Director, at the addresses listed

below.

Copies of the Illinois plan, the

proposed amendment, a listing of any

scheduled public hearings, 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

Springfield Field Office.

James F. Fulton, Director, Springfield

Field Office, Office of Surface Mining

Reclamation and Enforcement, 511

West Capitol, Suite 202, Springfield,

Illinois 62704, Telephone: (217) 492–

4495.

Illinois Abandoned Mined Lands

Reclamation Council, 928 South

Spring Street, Springfield, Illinois

62704, Telephone: (217) 782–0588.

FOR FURTHER INFORMATION CONTACT:

James F. Fulton, Director, Springfield

Field Office, Telephone: (217) 492–

4495.

SUPPLEMENTARY INFORMATION:

I. Background on the Illinois Plan

Title IV of SMCRA established an

Abandoned Mine Land Reclamation

(AMLR) program for the purposes of

reclaiming and restoring lands and

water resources adversely affected by

past mining. This program is funded by

a reclamation fee imposed upon the

production of coal. As enacted in 1977,

lands and waters eligible for

reclamation were those that were mined

or affected by mining and abandoned or

left in an inadequate reclamation status

prior to August 3, 1977, and for which

they were no continuing reclamation

responsibility under State or Federal

law. The AML Reclamation Act of 1990

(Pub. L. 101–508, Title VI, Subtitle A,

Nov. 5, 1990, effective Oct. 1, 1991)

amended SMCRA, 30 U.S.C. 1231 et.

seq., to provide changes in the eligibility

of project sites for abandoned mine land

expenditures. Title IV of SMCRA now

provides for reclamation of certain mine

sites where the mining occurred after

August 3, 1977. These include interim

program sites where bond forfeiture

proceeds were insufficient for adequate

reclamation and sites affected any time

between August 4, 1977, and November

5, 1990, for which there were

insufficient funds for adequate

reclamation due to the insolvency of the

bond surety. Title IV provides that a

State with an approved AMLR plan has

the responsibility and primary authority

to implement the program.

On June 1, 1982, the Secretary of the

Interior approved the Illinois plan.

Background information on the Illinois

plan, including the Secretary’s findings,

the disposition of comments, and the

approval of the plan can be found in the

June 1, 1982, Federal Register (47 FR

23886). Subsequent actions concerning

the conditions of approval and

amendments to the plan can be found at

30 CFR 913.25.

The Secretary adopted regulations at

30 CFR Part 884 that specify the content

requirements of a State reclamation plan

and the criteria for plan approval. The

regulations provide that a State may

submit to the Director proposed

amendments or revisions to the
19698 Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Proposed Rules

approved reclamation plan. If the

amendments or revisions change the

scope of major policies followed by the

State in the conduct of its reclamation

program, the Director must follow the

procedures set out in 30 CFR 884.14 in

approving or disapproving an

amendment or revision.

II. Description of the Proposed

Amendment

By letter dated April 10, 1995

(Administrative Record No. IL–800–

AML), Illinois submitted a proposed

amendment to its plan pursuant to

SMCRA. Illinois submitted the proposed

amendment at its own initiative. In

accordance with 30 CFR 884.15, Illinois

notified OSM that effective July 1, 1995,

the authority and administrative

responsibility for the Illinois plan will

be transferred from the Abandoned

Mined Lands Reclamation Council to

the Illinois Department of Natural

Resources, Office of Mines and

Minerals, Abandoned Mined Lands

Reclamation Division.

Specifically, the Abandoned Mined

Lands Reclamation Council will be

merged into the Illinois Department of

Natural Resources by virtue of Executive

Order Number 2 (1995) signed by the

Governor of Illinois on March 1, 1995.

Article V, Section 11 of the Constitution

of the State of Illinois authorizes the

Governor to reassign functions among or

reorganize executive agencies to

simplify the organizational structure of

the Executive Branch, to improve

accountability, to increase accessibility,

and to achieve efficiency and

effectiveness in operation.

Illinois specified that all rights,

powers, and duties vested in the

Abandoned Mined Lands Reclamation

Council under the Illinois plan,

including existing laws, rules, and

statements of policy, would be

administered by the Abandoned Mined

Lands Reclamation Division of the

Office of Mines and Minerals in

accordance with the requirements of

Title IV of SMCRA and consistent with

all applicable Federal rules and

guidelines.

The Executive Order contains the

following applicable provisions:

Part I, paragraph C, provides that

‘‘[t]he Department of Natural Resources

shall have within it an Office of Mines

and Minerals which shall be responsible

for the functions previously vested in

* * * the Abandoned Mined Lands

Reclamation Council and such other

related functions and responsibilities as

may be appropriate;’’

Part II, paragraph D, transfers the

Abandoned Mined Lands and Water

Reclamation Act (20 ILCS 1920 et seq.),

section 6a–1–a of the Illinois Purchasing

Act (30 ILCS 505/6a–1–a), section

21(r)(2) of the Environmental Protection

Act (415 ILCS 5/21(r)(2)), section 2 of

the Surface Coal Mining Fee Act (20

ILCS 1915/2), section 1–3 of the Build

Illinois Act (30 ILCS 750/1–3), and

section 67.35 of the Civil Administrative

Code (20 ILCS 405/67.35) from the

Abandoned Mined Lands Reclamation

Council to the Department of Natural

Resources along with all rights, powers,

and duties incidental to these Acts;

Part III, paragraph A abolishes the

Abandoned Mined Lands Reclamation

Council, and paragraph C transfers

personnel previously assigned to the

Abandoned Mined Lands Reclamation

Council to the Department of Natural

Resources; and

Part IV, paragraph F, provides that

‘‘[t]his Executive Order shall not affect

the legality of any rules in the Illinois

Administrative Code that are in force on

the effective date of this Executive

Order that have been duly adopted by

the agencies reorganized under this

Order. As soon as practicable hereafter,

the Department of Natural Resources

* * * shall propose and adopt under

the Illinois Administrative Procedure

Act such rules as may be necessary to

consolidate and clarify the rules of the

various reorganized agencies that will

now be administered by the successor

agency.’’

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 884, OSM is seeking comments

on whether the proposed amendment

satisfies the program approval criteria of

30 CFR 884.14. If the amendment is

deemed adequate, it will become part of

the Illinois plan.

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 Springfield Field Office

will not necessarily be considered in the

final rulemaking or included in the

Administrative Record.

Public Hearing

Persons wishing to speak at the public

hearing should contact the person listed

under FOR FURTHER INFORMATION

CONTACT by 4:00 p.m., C.D.T., on May 5,

1995. The location and time of the

hearing will be arranged with those

persons requesting the hearing. If no one

requests an opportunity to speak 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 speak have been heard.

Persons in the audience who have not

been scheduled to speak, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

speak and persons present in the

audience who wish to speak have been

heard.

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.

Public Meeting

If only one person requests an

opportunity to speak 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

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).

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, 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 and Tribal abandoned mine

land reclamation plans and revisions

thereof since each such plan is drafted

and promulgated by a specific State or

Tribe, not by OSM. Decisions on

proposed abandoned mine land

reclamation plans and revisions thereof

submitted by a State or Tribe are based
Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Proposed Rules 19699

on a determination of whether the

submittal meets the requirements of

Title IV of SMCRA (30 U.S.C. 1231–

1243) and 30 CFR Parts 884 and 888.

National Environmental Policy Act

No environmental impact statement is

required for this rule since agency

decisions on proposed State or Tribal

abandoned mine land reclamation 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)).

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.).

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.

Accordingly, this rule will ensure that

existing requirements previously

promulgated by OSM will be

implemented. 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 913

Intergovernmental relations, Surface

mining, Underground mining.

Dated: April 14, 1995.

Tim L. Dieringer,

Acting Assistant Director, Eastern Support

Center.

[FR Doc. 95–9773 Filed 4–19–95; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 164

[CGD 93–022]

RIN 2115–AE41

Automated Dependent Surveillance

Shipborne Equipment: Incorporation

by Reference

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

amend the incorporation by reference

provisions or the Automated Dependent

Surveillance (ADS) Shipborne

Equipment. Due to the development of

new Differential Global Positioning

System (DGPS) standards, the existing

standard incorporated by reference,

Radio Technical Commission for

Maritime Services’ (RTCM)

Recommended Standards for

Differential NAVSTAR GPS Service,

Version 2.0 contained in 33 CFR 164.03,

has been superseded by new standards

contained in Version 2.1. The Coast

Guard proposes to replace Version 2.0

by incorporating the new standards

contained in Version 2.1.

Additionally, Digital Selective Calling

(DSC) standards for use with Vessel

Traffic Services (VTS) and Maritime

Mobile Services have recently been

developed by the International

Telecommunication Union

Radiocommunication Bureau (ITU–R)

and are also being proposed as a new

incorporation by reference.

The new DGPS standards will ensure

that ADS is compatible with the Coast

Guard national DGPS network. The

standards will also provide additional

user safety information such as

differential station health indicators.

The new DSC standards will ensure

that the Automated Dependent

Surveillance Shipborne Equipment

(ADSSE), built by various

manufacturers, will provide the same

message in an internationally accepted

format.

DATES: Comments must be received on

or before June 19, 1995.

ADDRESSES: Comments may be mailed to

the Executive Secretary, Marine Safety

Council (G–LRA/3406) (CGD 93–022),

U.S. Coast Guard Headquarters, 2100

Second Street SW., Washington, DC

20593–0001, or may be delivered to

Room 3406 at the same address between

8 a.m. and 3 p.m., Monday through

Friday, except Federal holidays. The

telephone number is (202) 267–1477.

The Executive Secretary maintains the

public docket for this rulemaking.

Comments will become part of this

docket and will be available for

inspection or copying at room 3406,

U.S. Coast Guard Headquarters, between

8 a.m. and 3 p.m., Monday through

Friday, except Federal holidays.

A copy of the material proposed for

‘‘Incorporation by Reference’’ is

available for inspection at Room 1409,

U.S. Coast Guard Headquarters. It may

also be obtained from the sources listed

in the proposed rule.

FOR FURTHER INFORMATION CONTACT:

Irene Hoffman, Project Manager, Vessel

Traffic Services Division. The telephone

number is 202–267–6277.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their names

and addresses, identify this rulemaking

(CGD 93–022) and the specific section of

this proposal to which each comment

applies, and give the reason for each

comment. Please submit two copies of

all comments and attachments in an

unbound format, no larger than 81⁄2 by

11 inches, suitable for copying and

electronic filing. Persons wanting

acknowledgment of receipt of comments

should enclose stamped, self-addressed

postcards or envelopes.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments.

The Coast Guard plans no public

hearing. Persons may request a public

hearing by writing to the Marine Safety

Council at the address under

ADDRESSES. The request should include

reasons why a hearing would be

beneficial. If it determines that the

opportunity for oral presentations will

aid this rulemaking, the Coast Guard

will hold a public hearing at a time and

place announced by a later notice in the

Federal Register.

Drafting Information

The principal persons involved in

drafting this document are Irene

Hoffman, Project Manager, Vessel

Traffic Services Division and Nicholas

Grasselli, Project Counsel, Office of

Chief Counsel.

Background and Purpose

Section 5004 of the Oil Pollution Act

of 1990, as codified in 33 U.S.C. 2374,

directed the Coast Guard to acquire,

install, and operate additional

equipment, as necessary, to provide

surveillance of tank vessels carrying oil