This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

2459

Vol. 61, No. 18

Friday, January 26, 1996

DEPARTMENT OF THE TREASURY

27 CFR Parts 5, 19, 24, 25, 70, and 250

[Notice No. 819; Ref: Notice No. 816]

RIN 1512–AB40

Registration of Formulas and

Statements of Process for Certain

Domestically Produced Wines,

Distilled Spirits and Beer (95R–019P)

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Department of the

Treasury.

ACTION: Notice of proposed rulemaking;

extension of comment period.

SUMMARY: This notice extends the

comment period for Notice No. 816, a

notice of proposed rulemaking,

published in the Federal Register on

November 27, 1995. ATF has received a

request to extend the comment period in

order to provide sufficient time for all

interested parties to respond to the

issues addressed in the notice.

DATES: Written comments must be

received on or before February 26, 1996.

ADDRESSES: Send written comments to:

Chief, Wine, Beer and Spirits

Regulations Branch; Bureau of Alcohol,

Tobacco and Firearms; P.O. Box 50221;

Washington, DC 20091–0221; ATTN:

Notice No. 816.

FOR FURTHER INFORMATION CONTACT:

James P. Ficaretta, Wine, Beer and

Spirits Regulations Branch, Bureau of

Alcohol, Tobacco and Firearms, 650

Massachusetts Avenue, NW.,

Washington, DC 20226 (202–927–8230).

SUPPLEMENTARY INFORMATION:

Background

On November 27, 1995, ATF

published a notice of proposed

rulemaking (NPRM) in the Federal

Register soliciting comments from the

public and industry on a proposal to

amend the regulations to require the

registration, rather than approval, of

formulas and statements of process for

certain domestically produced wines,

distilled spirits, and beer (Notice No.

816; 60 FR 58311).

The comment period for Notice No.

816 was scheduled to close on January

26, 1996. Prior to the close of the

comment period ATF received a request

from a national trade association, the

National Association of Beverage

Importers, Inc. (NABI), to extend the

comment period an additional 30 days.

NABI, representing the companies that

import most of the alcoholic beverages

brought into the United States, stated

that the additional time is needed for it

to obtain information from its foreign

counterparts and suppliers in order to

prepare the association’s comments.

In consideration of the above, ATF

finds that an extension of the comment

period is warranted and the Bureau is,

therefore, extending the comment

period until February 26, 1996.

Drafting Information

The author of this document is James

P. Ficaretta, Wine, Beer, and Spirits

Regulations Branch, Bureau of Alcohol,

Tobacco and Firearms.

List of Subjects

27 CFR Part 5

Advertising, Consumer protection,

Customs duties and inspection, Imports,

Labeling, Liquors, and Packaging and

containers.

27 CFR Part 19

Administrative practice and

procedure, Alcohol and alcoholic

beverages, Authority delegations,

Claims, Chemicals, Customs duties and

inspection, Electronic funds transfers,

Excise taxes, Exports, Gasohol, Imports,

Labeling, Liquors, Packaging and

containers, Reporting requirements,

Research, Security measures, Spices and

flavorings, Surety bonds,

Transportation, U.S. possessions,

Warehouses, and Wine.

27 CFR Part 24

Administrative practice and

procedure, Authority delegations,

Claims, Electronic funds transfers,

Excise taxes, Exports, Food additives,

Fruit juices, Labeling, Liquors,

Packaging and containers, Reporting

and recordkeeping requirements,

Research, Scientific equipment, Spices

and flavorings, Surety bonds, Taxpaid

wine bottling house, Transportation,

Vinegar, Warehouses, and Wine.

27 CFR Part 25

Administrative practice and

procedure, Authority delegations, Beer,

Claims, Electronic funds transfers,

Excise taxes, Labeling, Packaging and

containers, Reporting and recordkeeping

requirements, Research, Surety bonds,

and Transportation.

27 CFR Part 70

Administrative practice and

procedure, Alcohol and alcoholic

beverages, Appeals, Authority

delegations, Cancellations, Claims,

Government employees, Informal

conferences, Law enforcement, and Law

enforcement officers.

27 CFR Part 250

Administrative practice and

procedure, Alcohol and alcoholic

beverages, Authority delegations

(Government agencies), Beer, Claims,

Customs duties and inspection, Drugs,

Electronic funds transfers, Excise taxes,

Foods, Liquors, Packaging and

containers, Puerto Rico, Reporting and

recordkeeping requirements, Spices and

flavorings, Surety bonds,

Transportation, Virgin Islands,

Warehouses, and Wine.

Authority and Issuance

This notice is issued under the

authority in 5 U.S.C. 552; 26 U.S.C.

7805; 27 U.S.C. 205.

Signed: January 22, 1996.

John W. Magaw,

Director.

[FR Doc. 96–1358 Filed 1–25–96; 8:45 am]

BILLING CODE 4810–31–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 925

[SPATS No. MO–025–FOR]

Missouri Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing.

SUMMARY: The Office of Surface Mining

Reclamation and Enforcement (OSM) is
2460 Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Proposed Rules

announcing receipt of a proposed

amendment to the Missouri regulatory

program (hereinafter the ‘‘Missouri

program’’) under the Surface Mining

Control and Reclamation Act of 1977

(SMCRA). The proposed amendment

consists of a proposed set of

revegetation success guidelines and a

rulemaking that eliminates the reference

to an earlier set of guidelines that was

never approved by OSM. The

amendment is intended to revise the

Missouri program to be consistent with

the corresponding Federal regulations.

DATES: Written comments must be

received by 4:00 p.m., c.s.t., February

26, 1996. If requested, a public hearing

on the proposed amendment will be

held on February 20, 1996. Requests to

speak at the hearing must be received by

4:00 p.m., c.s.t., on February 12, 1996.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Brent

Wahlquist, Regional Director, MidContinent Regional Coordinating Center,

at the address listed below.

Copies of the Missouri program, 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 MidContinent Regional Coordinating Center.

Brent Wahlquist, Regional Director,

Mid-Continent Regional Coordinating

Center, Office of Surface Mining

Reclamation and Enforcement, Alton

Federal Building, 501 Belle Street,

Alton, Illinois 62002, Telephone:

(618) 463–6460.

Missouri Department of Natural

Resources, Land Reclamation

Program, 205 Jefferson Street, P.O.

Box 176, Jefferson City, Missouri

65102, Telephone: (573) 751–4041.

FOR FURTHER INFORMATION CONTACT:

Brent Wahlquist, Regional Director,

Mid-Continent Regional Coordinating

Center, Telephone: (618) 463–6460.

SUPPLEMENTARY INFORMATION:

I. Background in the Missouri Program

On November 21, 1980, the Secretary

of Interior conditionally approved the

Missouri program. General background

information on the Missouri program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval of the Missouri

program can be found in the November

21, 1980, Federal Register (45 FR

77017). Subsequent actions concerning

Missouri’s program and program

amendments can be found at 30 CFR

925.12, 925.15, and 925.16.

II. Description of the Proposed

Amendment

By letter dated December 14, 1995

(Administrative Record No. MO–633),

Missouri submitted a proposed

amendment to its program pursuant to

SMCRA. Missouri submitted the

proposed amendment in response to the

required program amendment at 30 CFR

925.16(a). The provisions of the Code of

State Regulations (CSR) that Missouri

proposes to amend are: 10 CSR 40–

3.120(6)(B)2.A–H., Specific revegetation

success standards for postmining land

uses.

Specifically, Missouri proposes

revisions to its approved program for

evaluating revegetation success.

Missouri revises its regulations for the

specific standards for each of its

approved land uses to delete the

reference to an earlier set of guidelines

that had not been approved by OSM and

reference the guidelines as currently

proposed in this amendment. The

proposed revegetation success

guidelines consist of eight separate

guidance documents that establish the

revegetation success standards by land

use. These documents are titled the: (1)

Phase II and Phase III revegetation

standards for prime farmland; (2) Phase

III revegetation standards for cropland;

(3) Phase III revegetation standards for

pasture and previously mined areas; (4)

Phase III revegetation standards for

wildlife habitat; (5) Phase III

revegetation standards for woodland; (6)

Phase III success standards for

industrial/commercial revegetation; (7)

Phase III revegetation success standards

for residential land use; and (8) Phase III

revegetation success standards for

recreation land use. Each set of

guidelines elaborates by land use type

the revegetation success standards,

measurement frequency, sampling

procedures, data submission and

analysis, maps, and mitigation plan. The

guidance documents follow the

approved Missouri program regulations

at 10 CSR 40–3.120(6)/3.270(6).

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

Missouri program.

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 Mid-Continent

Regional Coordinating Center 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.s.t. on February

12, 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 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.

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.
Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Proposed Rules 2461

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 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 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.

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 (42 U.S.C.

4332(2)(C)).

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 State submittal

which 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 925

Intergovernmental relations, Surface

mining, Underground mining.

Dated: January 18, 1996.

Charles E. Sandberg,

Acting Regional Director, Mid-Continent

Regional Coordinating Center.

[FR Doc. 96–1318 Filed 1–25–96; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–95–139]

RIN 2115–AE84

Safety Zone; Chelsea River, Boston

Inner Harbor, Boston, MA

AGENCY: Coast Guard, DOT.

ACTION: Advance notice of proposed

rulemaking.

SUMMARY: The Coast Guard is soliciting

public comment as to whether to and,

if so, how to amend the safety zone

regulation for the waters of the Chelsea

River, Boston Inner Harbor. Any

proposed amendments should update

the safety zone to reflect recent

structural changes in the Chelsea Street

Bridge and surrounding areas, and

should address the rationale regarding

vessel size limitations and vessel tug

assist requirements.

DATES: Comments must be received on

or before March 26, 1996.

ADDRESSES: Comments should be

mailed to Captain of the Port Boston,

Coast Guard Marine Safety Office, 455

Commercial Street, Boston, MA 02109–

1045. Comments may also be handdelivered to the above address between

7:30 a.m. and 4 p.m., Monday through

Friday, except federal holidays. The

telephone number is (617) 223–3000.

Comments will become part of this

docket and will be available for

inspection or copying at the above

address during the hours noted.

FOR FURTHER INFORMATION CONTACT:

LT Joseph L. Duffy, Coast Guard Marine

Safety Office Boston, MA (617) 223–

3000.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in the

early stages of this rulemaking by

submitting written data, views, or

arguments. Persons submitting

comments should include their names

and addresses, identify this specific

ANPRM (CGD01–95–139) and the

specific issue to which each comment

applies, and give reasons for each

comment. The Coast Guard requests that

all comments and attachments be

submitted in an 81⁄2′′ by 11′′ unbound

format suitable for copying and

electronic filing. If that is not practical,

a second copy of any bound material is

requested. Persons desiring

acknowledgement of receipt of

comments should enclose a stamped,

self-addressed postcard or envelope.

All comments received before the

expiration of the comment period will

be considered before any proposed rule

is drafted. Late submittals will be

considered to the extent practicable

without delaying the publication of any

proposed rule.

At this time the Coast Guard has not

scheduled any public hearings. Persons

may request a public hearing by writing

to the Project Manager at the address

listed under ADDRESSES. Requests

should indicate why a public hearing is

considered necessary. If the Coast Guard

determines that the opportunity for oral

presentations will aid any rulemaking, it

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 LCDR Mark Grossetti, Marine Safety

Office Boston, and CDR John Astley, Project

Counsel, First Coast Guard District Legal

Office.

Background

The Chelsea Street Bridge is a

bascule-type bridge owned by the City

of Boston and originally constructed in

1939. It spans the Chelsea River

providing a means for vehicles to travel

between Chelsea, MA and East Boston,

MA. Several petroleum-product transfer

facilities are located on the Chelsea

River, upstream and downstream of the

Chelsea Street Bridge. Transit of tank

vessels through the bridge is necessary

to access the facilities upstream of the

bridge. The narrow bridge-span opening

creates a very difficult passage through

the bridge for larger vessels. Adding to

the difficulty are the close proximity of

neighboring shore structures and, at

times, vessels moored at facilities

adjacent to the bridge.