32382 Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Proposed Rules

First Class, G—Restricted First Class, X—

Restricted Coach/Economy Class, Y—

Unrestricted Coach/Economy Class, and U—

Unknown (This fare category is used when

none is shown on a ticket coupon, or when

a fare category is not discernable, or when

two or more carrier fare codes are

compressed into a single stage of a passenger

trip).

* * * * *

Operating air carrier. Under a code-share

arrangement, the air carrier whose aircraft

and flight crew are used to perform a flight

segment.

* * * * *

Ticketed air carrier. Under a code-share

arrangement, the air carrier whose twocharacter air carrier code is used for a flight

segment, whether or not it actually operates

the flight segment.

* * * * *

Issued in Washington, DC, on May 31,

1996.

Charles A. Hunnicutt,

Assistant Secretary for Aviation and

International Affairs.

[FR Doc. 96–16045 Filed 6–21–96; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 935

[OH–238–FOR, #72]

Ohio Regulatory Program

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 Ohio

regulatory program (hereinafter the

‘‘Ohio program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The proposed

amendment consists of changes to

provisions of the Ohio rules pertaining

to underground mining. The

amendment is intended to revise the

Ohio program to be consistent with the

corresponding Federal regulations.

DATES: Written comments must be

received by 4:00 p.m., [E.D.T.], July 24,

1996. If requested, a public hearing on

the proposed amendment will be held

on July 19, 1996. Requests to speak at

the hearing must be received by 4:00

p.m., [E.D.t.], on July 9, 1996.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to George

Rieger, Field Branch Chief, at the

address listed below.

Copies of the Ohio 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

Appalachian Regional Coordinating

Center.

George Rieger, Field Branch Chief,

Appalachian Regional Coordinating

Center, Office of Surface Mining

Reclamation and Enforcement, 3

Parkway Center, Pittsburgh, PA

15220, Telephone: (412) 937–2153

Ohio Division of Mines and

Reclamation, 1855 Fountain Square

Court, Columbus, Ohio 43224,

Telephone: (614) 265–1076

FOR FURTHER INFORMATION CONTACT:

George Rieger, Field Branch Chief,

Telephone: (412) 937–2153.

SUPPLEMENTARY INFORMATION:

I. Background on the Ohio Program

On August 16, 1982, the Secretary of

the Interior conditionally approved the

Ohio program. Background information

on the Ohio program, including the

Secretary’s findings, the disposition of

comments, and the conditions of

approval can be found in the August 10,

1982, Federal Register (42 FR 34688).

Subsequent actions concerning the

conditions of approval and program

amendments can be found at 30 CFR

935.11, 935.12, 935.15, and 935.16.

II. Description of the Proposed

Amendment

By letter dated May 23, 1996,

(Administrative Record No. OH–2166–

00) Ohio submitted a proposed

amendment to its program pursuant to

SMCRA at its own initiative. The

provisions of the Ohio Administrative

Code (OAC) that Ohio proposes to

amend are: OAC 1501:13–4–12(G)(3)(d)

and 4 (f) and (i)—Requirements for

Special Categories of Mining, OAC

1501:13–9–08 (A) & (B)—Protection of

Underground Mining, and OAC

1501:13–13–01—Concurrent Surface

and Underground Mining.

Specifically, Ohio proposes to make

the following revisions. At OAC

1501:13–4–12(G)(3)(d) and (4) (f) and (i),

Ohio proposed to delete the reference to

OAC 1501:13–13–01, which is being

rescinded, and replace it with a

reference to OAC 1501:13–9–08—

Protection of Underground Mining. At

OAC 1501:13–9–08(A), Ohio proposes

to require that Mine Safety and Health

Administration concurrence is required

only if surface mining operations are to

be conducted within 500 feet of active

underground coal mines. The reference

to the Chief of the Ohio Division of

Mines is changed to the Mine Safety

Administrator. Subsection (B) which

requires that surface mining operations

be designed to protect disturbed surface

areas so as not to endanger any present

or future coal mining operations is

deleted. Ohio proposes to delete OAC

1501:13–13–01 which addresses

performance standards for concurrent

surface and underground mining. This

section duplicates language in OAC

1501:13–4–12(G) and 13–9–08.

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 be become part of the

Ohio 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 Appalachian

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, [E.D.T.] on July 9,

1996. The location and time of the

hearing will be arranged with those

persons requesting the hearing. If no

none 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
Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Proposed Rules 32383

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 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 government entity or the private

sector.

List of Subjects in 30 CFR Part 935

Intergovernmental relations, Surface

mining, Underground mining.

Dated: June 12, 1996.

Claude L. Downing,

Acting Regional Director, Appalachian

Regional Coordinating Center.

[FR Doc. 96–16008 Filed 6–21–96; 8:45 am]

BILLING CODE 4310–05–M

National Park Service

36 CFR Part 3

RIN 1024–AC46

National Park Service; Boating and

Water Use Activities, Prohibited

Operations

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

SUMMARY: The National Park Service

(NPS) is proposing to amend its boating

regulations to include the authority to

regulate the access to NPS waters of

individuals and vessels that have

recently operated in waters infested

with injurious non-indigenous aquatic

plant and animal species. The purpose

of the proposed rule is to protect park

aquatic natural resources and

supporting built infrastructure. This

proposed rule includes criteria for

decontamination of vessels and

equipment to allow access to park

waters. In addition, these rules identify

how vessels may be allowed to operate

under a permit system outlined in the

general regulations. These rules will

allow the NPS to regulate individual

and vessel access to park waters to

prevent the accidental introduction of

injurious exotic aquatic nuisance

species into park waters.

The NPS will use lists developed by

other Federal agencies like the U.S. Fish

and Wildlife Service and various State

departments of natural resources to

identify targeted prohibited species. The

NPS may, however, develop its own

lists based upon sound scientific

research. Any species identified by the

NPS will be listed and identified

through the public notice process.

Various States have active aquatic exotic

species prevention programs and

regularly identify and mark infested

bodies of water. The NPS will, through

its Resource Education programs, ensure

that all park users are informed and

warned about targeted species and the

proper way to control their spread by

decontaminating their vessels and

associated gear. This proposed rule will

bring the NPS into conformity with

programs currently in place in several

states.

DATES: Written comments will be

accepted through August 23, 1996.

ADDRESSES: All comments should be

addressed to: Superintendent, Great

Lakes Systems Support Office, Midwest

Field Area, National Park Service, 1709

Jackson Street, Omaha, Nebraska 68102.

Attention: John Townsend.

FOR FURTHER INFORMATION CONTACT: John

Townsend at the above address or by

calling 402–221–3475.

SUPPLEMENTARY INFORMATION:

Background

The NPS is granted broad statutory

authority under 16 U.S.C. Section 1 et

seq. (National Park Service Organic Act)

and 16 U.S.C. Sections 1a–2(h) to

‘‘* * * regulate the use of the Federal

areas known as national parks,

monuments, and reservations * * * by

such means and measures as conform to

the fundamental purpose of the said

parks * * * which purpose is to

conserve the scenery and the natural

and historic objects and the wildlife

therein * * *’’.