[Federal Register Volume 63, Number 4 (Wednesday, January 7, 1998)]
[Proposed Rules]
[Pages 712-713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-307]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 918
[SPATS No. LA-015-FOR]
Louisiana Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the
Louisiana regulatory program (hereinafter the ``Louisiana program'')
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).
The proposed amendment consists of an addition of a definition for
``replacement of water supply'' to the Louisiana Surface Mining
Regulations. The amendment is intended to revise the Louisiana program
to be consistent with the corresponding Federal regulations.
This document sets forth the times and locations that the Louisiana
program and proposed amendment to that program are available for public
inspection, the comment period during which interested persons may
submit written comments on the proposed amendment, and the procedures
that will be followed regarding the public hearing, if one is
requested.
DATES: Written comments must be received by 4:00 p.m., c.s.t, February
6, 1998. If requested, a public hearing on the proposed amendment will
be held on February 2, 1998. Requests to speak at the hearing must be
received by 4:00 p.m., c.s.t. on January 22, 1998.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Michael C.Wolfrom, Director, Tulsa Field
Office, at the address listed below.
Copies of the Louisiana 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 Tulsa Field Office.
Michael C. Wolfrom, Director, Tulsa Office, Office of Surface
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470,
Tulsa, Oklahoma 74135-6547, Telephone: (918) 581-6430.
Department of Naturnal Resources, Office of Conservation, Injection
and Mining Division, 625 N. 4th Street, P.O. Box 94275, Baton Rouge, LA
70804-9275, Telephone: (504) 342-5540.
FOR FURTHER INFORMATION CONTACT:
Michael C. Wolfrom, Director, Tulsa Field Office, Telephone: (918) 581-
6430..
SUPPLEMENTARY INFORMATION:
I. Background on the Louisiana Program
On October 10, 1980, the Secretary of the Interior conditionally
approved the Louisiana program. General background information on the
Louisiana program, including the Secretary's findings, the disposition
of comments, and the conditions of approval of the Louisiana program
can be found in the October 10, 1980, Federal Register (45 FR 67340).
Subsequent actions concerning the Louisiana program and program
amendments can be found at 30 CFR 918.15 and 918.16.
II. Description of the Proposed Amendment
By letter dated December 4, 1997 (Administrative Record No. LA-
363), Louisiana submitted a proposed amendment to its program pursuant
to SMCRA. Louisiana submitted the proposed amendment in response to a
July 2, 1996, letter (Administrative
[[Page 713]]
Record No. 358) that OSM sent to Louisiana in accordance with 30 CFR
732.17(c). Louisiana proposes to amend the Louisiana Surface Mining
Regulations at section 105 by adding a definition for ``replacement of
water supply.'' The full text of the proposed program amendment
submitted by Louisiana is presented below.
Replacement of water supply--with respect to protected water
supplies contaminated, diminished, or interrupted by coal mining
operations, provision of water supply on both a temporary and
permanent basis equivalent to premining quantity and quality.
Replacement includes provision of an equivalent water delivery
system and payment of operation and maintenance costs in excess of
customary and reasonable delivery costs for premining water
supplies.
a. Upon agreement by the permittee and the water supply owner,
the obligation to pay such operation and maintenance costs may be
satisfied by a one-time payment in an amount which covers the
present worth of the increased annual operation and maintenance
costs for a period agreed to by the permittee and the water supply
owner.
b. If the affected water supply was not needed or the land use
in existence at the time of loss, contamination, or diminution, and
if the supply is not needed to achieve the postmining land use,
replacement requirements may be satisfied by demonstrating that a
suitable alternative water source is available and could feasibly be
developed. If the latter approach is selected, written concurrence
must be obtained from the water supply owner.
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 Louisiana 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 Tulsa 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.s.t. on January 22, 1998. The location and time of the hearing will
be arranged with those persons requesting the hearing. 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. 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.
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 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (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
OSM has determined and certifies pursuant to the Unfunded Mandates
Reform Act (2 U.S.C. 1502 et seq.) that this rule will not impose a
cost of $100 million or more in any given year on local, state, or
tribal governments or private entities.
List of Subjects in 30 CFR Part 918
Intergovernmental relations, Surface mining, Underground mining.
Dated: December 30, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-307 Filed 1-6-98; 8:45 am]
BILLING CODE 4310-05-M
