Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Rules and Regulations 26839

or the Clean Air Act (42 U.S.C. 7401 et

seq.). The Director has determined that

this amendment contains no provisions

in these categories and that EPA’s

concurrence is not required.

Pursuant to 732.17(h)(11)(i), OSM

solicited comments on the proposed

amendment from EPA. EPA responded

on February 1, 1996 (Administrative

Record No. VA–869) and stated that the

amendment is consistent with

regulations under the Clean Water Act

and offered no additional comments.

V. Director’s Decision

Based on the findings above, the

Director is approving Virginia’s

amendment concerning coal refuse

disposal as submitted by Virginia on

October 13, 1995.

The Federal regulations at 30 CFR

Part 946 codifying decisions concerning

the Virginia program are being amended

to implement this decision. This final

rule is being made effective immediately

to expedite the State program

amendment process and to encourage

States to bring their programs into

conformity with the Federal standards

without undue delay. Consistency of

State and Federal standards is required

by SMCRA.

VI. 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 12988

The Department of the Interior has

conducted the reviews required by

section 3 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.

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 946

Intergovernmental relations, Surface

mining, Underground mining.

Dated: May 14, 1996.

Michael K. Robinson,

Acting Regional Director, Appalachian

Regional Coordinating Center.

For the reasons set out in the

preamble, Title 30, Chapter VII,

Subchapter T of the Code of Federal

Regulations is amended as set forth

below:

PART 946—VIRGINIA

1. The authority citation for Part 946

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq.

2. In § 946.15, paragraph (jj) is added

to read as follows:

§ 946.15 Approval of regulatory program

amendments.

* * * * *

(jj) The following amendment to the

Virginia program at 480–03–19.816/

817.102(e) concerning coal refuse

disposal as submitted to OSM on

October 13, 1995, is approved effective

May 29, 1996:

§ 946.16 [Amended]

3. In § 946.16, paragraph (a) is

removed and reserved.

[FR Doc. 96–13268 Filed 5–28–96; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE TREASURY

Fiscal Service

31 CFR Part 224

RIN 1510–AA49

Federal Process Agents of Surety

Companies

AGENCY: Financial Management Service,

Fiscal Service, Treasury.

ACTION: Final rule.

SUMMARY: This action amends the

regulation governing surety companies

doing business with the United States.

Specifically, it eliminates the

requirement that surety companies

doing business with the United States

report their Federal process agent

appointments to the Department of the

Treasury, Financial Management

Service (FMS). FMS no longer needs or

collects this information. This

amendment makes the regulation

consistent with current practice.

EFFECTIVE DATE: June 28, 1996.

FOR FURTHER INFORMATION CONTACT:

Dorothy E. Martin, (202) 874–6850

(Manager, Surety Bond Branch).

SUPPLEMENTARY INFORMATION: This

regulation eliminates the requirement

that surety companies report their

Federal Process Agent appointments to

the Financial Management Service. This

action does not eliminate the

requirement for surety companies to

designate a person to serve as a Federal

Process Agent and register that person

with the clerk of the district court for

the district in which a surety bond is to

be given.

The final rule includes several

editorial changes and a realignment of

the sections as a result of eliminating

§ 224.5, ‘‘Filing process agent

appointment information with the

Treasury.’’
26840 Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Rules and Regulations

The revision to 31 CFR Part 224

appeared on November 9, 1995, at 60 FR

56551 and was open for comment

through December 11, 1995. During the

comment period, only one comment

was received from a trade association.

They indicated support for the revision.

This regulation is not a significant

regulatory action as defined in

Executive Order 12866. Accordingly, a

regulatory assessment is not required. It

is hereby certified that this revision will

not have a significant economic impact

on a substantial number of small

entities. Accordingly, a regulatory

flexibility analysis is not required. This

change clarifies a regulation and

reduces the reporting requirements for

surety companies doing business with

the United States. Therefore, there is no

significant economic impact.

List of Subjects in 31 CFR Part 224

Insurance, Surety bonds.

Accordingly, part 224 of title 31 is

amended as follows:

PART 224—FEDERAL PROCESS

AGENTS OF SURETY COMPANIES

1. The authority citation continues to

read as follows:

Authority: 31 U.S.C. 9306

2. Section 224.1 is revised to read as

follows:

§ 224.1 Statutory provision.

The rules and regulations in this part

are prescribed for carrying into effect 31

U.S.C. 9306.

§ 224.5—[Removed]

3. Section 224.5 is removed, and

§ 224.6 is redesignated as § 224.5.

§ 224.7—[Redesignated as § 224.6]

4. Section 224.7 is redesignated as

§ 224.6, and revised to read as follows:

§ 224.6 United States district courts;

location of divisional offices.

A list of the divisional offices of the

court in each judicial district where

powers of attorney should be filed may

be obtained from the Surety Bond

Branch, Financial Management Service,

Department of the Treasury, 3700 EastWest Highway, Room 6F04, Hyattsville,

MD 20782.

Dated: May 14, 1996.

Russell D. Morris,

Commissioner.

[FR Doc. 96–13412 Filed 5–28–96; 8:45 am]

BILLING CODE 4810–35–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

RIN 2115–AA97

[CGD 05–96–030]

Safety Zone Regulations: Delaware

Bay, Delaware River, Salem River, NJ

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

SUMMARY: The Coast Guard is

establishing a safety zone on the

Delaware Bay and Delaware River from

Marcus Hook, Pennsylvania, to the

Delaware Breakwater. This safety zone

is needed to protect vessels, the port

community and the environment from

potential safety and environmental

hazards associated with the loading and

outbound transit of the T/V EMSGAS.

EFFECTIVE DATES: This rule is effective

from 12:01 a.m. May 20, 1996, and

terminates at 11:59 p.m. June 2, 1996.

The Captain of the Port, Philadelphia,

may, at an earlier date, advise mariners

by Broadcast Notice to Mariners that the

safety zone will not be enforced.

FOR FURTHER INFORMATION CONTACT:

LTJG S.J. Kelly, Project officer at the

Captain of the Port, Philadelphia, (215)

271–4909.

SUPPLEMENTARY INFORMATION: In

accordance with 5 U.S.C. 553, a notice

of proposed rulemaking (NPRM) was

not published for this regulation and

good cause exists for making it effective

in less than 30 days after the Federal

Register publication. The Coast Guard

was informed by the owner/operator of

the T/V EMSGAS on May 16, 1996 of

the intended transit of the T/V EMSGAS

along the Delaware River. Publishing a

NPRM and delaying its effective date

would be contrary to the public interest,

since immediate action is needed to

respond to protect the environment and

vessel traffic against potential hazards

associated with the transit of the T/V

EMSGAS while it is loaded with

liquified petroleum gas.

Discussion of the Regulation

This safety zone includes a specified

area around the vessel during cargo

operations and while underway

outbound. It will be in effect during the

T/V EMSGAS’s transit of the Delaware

River and Delaware Bay and during

cargo operations at the Sun Refining and

Marketing Refinery terminal on the

Delaware River, at Marcus Hook,

Pennsylvania. The circumstances

requiring this regulation are the

potential hazards associated with the

transportation of liquified petroleum gas

by a large tankship in heavily trafficked

areas of the Delaware River and

Delaware Bay as well as in the Ports of

Philadelphia. The transit consists of T/

V EMSGAS’s outbound transit on the

Delaware River and the Delaware Bay

between the vessel’s berth at the Sun

Refining and Marketing Refinery

terminal on the Delaware River, at

Marcus Hook, Pennsylvania, and the

Delaware Breakwater. Coast Guard

Captain of the Port Philadelphia may

impose transit restriction on vessels

operating within the safety zone while

the T/V EMSGAS is loaded with LPG

that exceeds 2% of the vessel’s cargo

carrying capacity.

Regulatory Evaluation

This regulation is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(30 of

that order. It has been exempted from

review by the Office of Management and

Budget under that order. It is not

significant under the regulatory policies

and procedures of the Department of

Transportation (DOT) (44 FR 11040;

February 26, 1979). The Coast Guard

expects the economic impact of this rule

to be so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that under section 2.B.2.e

(34). of Commandant Instruction

M16475.1B (as revised by 59 FR 38654;

Jul 29, 1994), this rule is categorically

excluded from further environmental

documentation.

Collection of Information

This rule contains no collection of

information requirement under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism Assessment

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

it does not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

List of Subjects in 33 CFR Part 165

Harbors, Marine Safety, Navigation

(water), Security measures, Vessels,

Waterways.

Regulation

In consideration of the foregoing,

Subpart C of Part 165 of Title 33, Code

of Federal Regulations, is amended as

follows: