[Federal Register Volume 64, Number 199 (Friday, October 15, 1999)]
[Proposed Rules]
[Pages 55878-55879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27002]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 901
[SPATS No. AL-070-FOR]
Alabama Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening and extension of public comment period
on proposed amendment.
-----------------------------------------------------------------------
SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is reopening and extending the public comment period for the proposed
rule published on September 7, 1999 (64 FR 48573). The comment period
originally closed October 7, 1999. We are reopening and extending the
comment period because the citizens of Alabama have shown a high level
of interest in the revisions proposed by Alabama.
DATES: We will accept written comments until 4:00 p.m., c.s.t.,
November 1, 1999.
ADDRESSES: You should mail or hand deliver written comments to Arthur
W. Abbs, Director, Birmingham Field Office at the address listed below.
You may review copies of the Alabama program, the amendment, and
all written comments received in response to this document at the
addresses listed below during normal business hours, Monday through
Friday, excluding holidays. You may receive one free copy of the
amendment by contacting OSM's Birmingham Field Office.
Arthur W. Abbs, Director, Birmingham Field Office, Office of
Surface Mining, 135 Gemini Circle, Suite 215, Homewood, Alabama 35209,
Telephone: (205) 290-7282.
Alabama Surface Mining Commission, 1811 Second Avenue, P.O. Box
2390, Jasper, Alabama 35502-2390, Telephone (205) 221-4130.
FOR FURTHER INFORMATION CONTACT: Arthur W. Abbs, Director, Birmingham
Field Office. Telephone: (205) 290-7282. Internet:
aabbs@balgw.osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Alabama Program
On May 20, 1982, the Secretary of the Interior conditionally
approved the Alabama program. You can find background information on
the Alabama program, including the Secretary's findings, the
disposition of comments, and the conditions of approval in the May 20,
1982, Federal Register (47 FR 22062). You can find later actions on the
Alabama program at 30 CFR 901.15 and 901.16.
II. Discussion of the Proposed Amendment
Due to the high level of interest in this amendment, we are
reopening and extending the public comment period for the proposed rule
published on September 7, 1999 (64 FR 48573). In this amendment,
Alabama proposed revisions to statutes concerning the repair or
compensation for material damage caused by subsidence, resulting from
underground coal mining operations, to any occupied residential
dwelling and related structures or any noncommercial building. Alabama
proposed to revise its program at its own initiative.
III. Public Comment Procedures
We are reopening the comment period on the proposed Alabama program
amendment to provide you an opportunity to comment on the adequacy of
the amendment. Under the provisions of 30 CFR 732.17(h), we are
requesting comments on whether the amendment satisfies the program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the Alabama program.
Written Comments
We will make comments, including names and addresses of
respondents, available for public review during normal business hours.
We will not consider anonymous comments. If individual respondents
request confidentiality, we will honor their request to the extent
allowable by law. Individual respondents who wish to withhold their
name or address from public review, except for the city or town, must
state this prominently at the beginning of their comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public review in their entirety.
Your written comments should be specific and pertain only to the
issues proposed in this rulemaking. You should explain the reason for
any recommended change. In the final rulemaking, we will not
necessarily consider or include in the Administrative Record any
comments
[[Page 55879]]
received after the time indicated under DATES or at locations other
than the Birmingham Field Office.
Please submit Internet comments as an ASCII file avoiding the use
of special characters and any form of encryption. Please also include
``Attn: SPATS No. AL-070-FOR'' and your name and return address in your
Internet message. If you do not receive a confirmation that we have
received your Internet message, contact the Birmingham Field Office at
(205) 290-7282.
IV. Procedural Determinations
Executive Order 12866
The Office of Management and Budget (OMB) exempts this rule from
review 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 program is
drafted and published 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 State regulatory programs and
program amendments 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
This rule does not require an environmental impact statement since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on 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
corresponding 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. Therefore, this rule will ensure that existing requirements
previously published 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 corresponding Federal regulations.
Unfunded Mandates
OSM has determined and certifies under 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 901
Intergovernmental relations, Surface mining, Underground mining.
Dated: October 8, 1999.
Ervin J. Barchenger,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 99-27002 Filed 10-14-99; 8:45 am]
BILLING CODE 4310-05-P
