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
Federal Register / Vol. 61, No. 99 / Tuesday, May 21, 1996 / Proposed Rules 25429

staff over which the Secretary has

jurisdiction and such transitional care is

reasonably necessary to continue

treatment.

* * * * *

[FR Doc. 96–12662 Filed 5–20–96; 8:45 am]

BILLING CODE 8320–01–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA–7179]

Proposed Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Proposed rule.

SUMMARY: Technical information or

comments are requested on the

proposed base (1% annual chance) flood

elevations and proposed base flood

elevation modifications for the

communities listed below. The base

flood elevations are the basis for the

floodplain management measures that

the community is required either to

adopt or to show evidence of being

already in effect in order to qualify or

remain qualified for participation in the

National Flood Insurance Program

(NFIP).

DATES: The comment period is ninety

(90) days following the second

publication of this proposed rule in a

newspaper of local circulation in each

community.

ADDRESSES: The proposed base flood

elevations for each community are

available for inspection at the office of

the Chief Executive Officer of each

community. The respective addresses

are listed in the following table.

FOR FURTHER INFORMATION CONTACT:

Michael K. Buckley, P.E., Chief, Hazard

Identification Branch, Mitigation

Directorate, 500 C Street, SW.,

Washington, DC 20472, (202) 646–2756.

SUPPLEMENTARY INFORMATION: The

Federal Emergency Management Agency

(FEMA or Agency) proposes to make

determinations of base flood elevations

and modified base flood elevations for

each community listed below, in

accordance with section 110 of the

Flood Disaster Protection Act of 1973,

42 U.S.C. 4104, and 44 CFR 67.4(a).

These proposed base flood and

modified base flood elevations, together

with the floodplain management criteria

required by 44 CFR 60.3, are the

minimum that are required. They

should not be construed to mean that

the community must change any

existing ordinances that are more

stringent in their floodplain

management requirements. The

community may at any time enact

stricter requirements of its own, or

pursuant to policies established by other

Federal, state or regional entities. These

proposed elevations are used to meet

the floodplain management

requirements of the NFIP and are also

used to calculate the appropriate flood

insurance premium rates for new

buildings built after these elevations are

made final, and for the contents in these

buildings.

National Environmental Policy Act

This proposed rule is categorically

excluded from the requirements of 44

CFR Part 10, Environmental

Consideration. No environmental

impact assessment has been prepared.

Regulatory Flexibility Act

The Acting Associate Director,

Mitigation Directorate, certifies that this

proposed rule is exempt from the

requirements of the Regulatory

Flexibility Act because proposed or

modified base flood elevations are

required by the Flood Disaster

Protection Act of 1973, 42 U.S.C. 4104,

and are required to establish and

maintain community eligibility in the

National Flood Insurance Program. As a

result, a regulatory flexibility analysis

has not been prepared.

Regulatory Classification

This proposed rule is not a significant

regulatory action under the criteria of

section 3(f) of Executive Order 12866 of

September 30, 1993, Regulatory

Planning and Review, 58 FR 51735.

Executive Order 12612, Federalism

This proposed rule involves no

policies that have federalism

implications under Executive Order

12612, Federalism, dated October 26,

1987.

Executive Order 12778, Civil Justice

Reform

This proposed rule meets the

applicable standards of section 2(b)(2) of

Executive Order 12778.

List of Subjects in 44 CFR Part 67

Administrative practice and

procedure, Flood insurance, Reporting

and recordkeeping requirements.

Accordingly, 44 CFR part 67 is

proposed to be amended as follows:

PART 67—[AMENDED]

1. The authority citation for part 67

continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.;

Reorganization Plan No. 3 of 1978, 3 CFR,

1978 Comp., p. 329; E.O. 12127, 44 FR 19367,

3 CFR, 1979 Comp., p. 376.

§ 67.4 [Amended]

2. The tables published under the

authority of § 67.4 are proposed to be

amended as follows:

State City/town/county Source of flooding Location

#Depth in feet above

ground. *Elevation in feet

(NGVD)

Existing Modified

Connecticut ............ Granby (Town),

Hartford County.

Dismal Brook .................... Upstream side of East Street ................... None * 279

........................................... At the Massachusetts State boundary ..... None * 370

East Branch Salmon

Brook.

Approximately 1,830 feet downstream of

Silver Street Dam.

None * 284

At State boundary ..................................... None * 533

Creamery Brook ............... Approximately 2,000 feet upstream of the

confluence with East Branch Salmon

Brook.

None * 219

Approximately 875 feet upstream of

Creamery Hill Road.

None * 252

Hungary Brook ................. At upstream side of Notch Road .............. None * 202

Approximately 0.87 mile upstream of

Quarry Road.

None * 230

Bradley Brook ................... At upstream side of Meadowbrook Road None * 216