[Federal Register Volume 62, Number 201 (Friday, October 17, 1997)]
[Proposed Rules]
[Pages 53996-53997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27624]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 901
[SPATS No. AL-067-FOR]
Alabama Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed Rule; Reopening and Extension of Public Comment Period
on Proposed Amendment.
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SUMMARY: OSM is announcing receipt of revisions pertaining to a
previously proposed amendment to the Alabama regulatory program
(hereinafter referred to as the ``Alabama program'') under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA). The revisions for
Alabama's proposed rules pertain to Rule 880-X-5A-.22, Orders and
Decisions; and Rules 880-X-10C-.40 and 880-X-10D-.36, Coal Mine Waste:
Refuse Piles (Surface Mining Activities and Underground Mining
Activities, respectively). The amendment is intended to provide
additional safeguards, clarify ambiguities, and improve operational
efficiency.
DATES: Written comments must be received by 4:00 p.m., c.d.t., November
3, 1997.
ADDRESSES: Written comments should be mailed or hand delivered to
Arthur W. Abbs, Director, Birmingham Field Office at the address listed
below.
Copies of the Alabama program, the proposed amendment, 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 Birmingham Field Office.
Arthur W. Abbs, Director, Birmingham Field Office, Office of Surface
Mining Reclamation and Enforcement, 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.
SUPPLEMENTARY INFORMATION:
I. Background on the Alabama Program
On May 20, 1982, the Secretary of the Interior conditionally
approved the Alabama program. Background information on the Alabama
program, including the Secretary's findings, the disposition of
comments, and the conditions of approval can be found in the May 20,
1982, Federal Register (47 FR 22062). Subsequent actions concerning the
conditions of approval and program amendments can be found at 30 CFR
901.15 and 901.16.
II. Discussion of the Proposed Amendment
By letter dated March 28, 1997, (Administrative Record No. AL-
0562), Alabama submitted a proposed amendment to its program pursuant
to SMCRA. Alabama submitted the proposed amendment at its own
initiative. The provisions of the Alabama Surface Mining Commission
Rules that Alabama proposes to amend are: Rule 88-X-5A-.22, Orders and
Decisions; Rule 880-X6A-.06, License Application Requirements; Rule
880-X-7B-.07, Procedures for Permit Application Review; Rule 880-X-
9E-.05, Determination of Forfeiture Amount; Rule 880-X-10C-.23,
Hydrologic Balance: Surface and Ground Water Monitoring; Rule 880-X-
10C-.36, Disposal of Excess Spoil (Surface Mining Activities); Rule
880-X-10C-.38, Coal Mine Waste: General Requirements (Surface Mining
Activities); Rule 880-X-10C-.40, Coal Mine Waste: Refuse Piles (Surface
Mining Activities); Rule 880-X-10D-.33, Disposal of Excess Spoil and
Underground Development Waste (Underground Mining Activities); Rule
880-X-10D-.34, Coal Mine Waste: General Requirements (Underground
Mining Activities); and Rule 880-X-10D-.36, Coal Mine Waste: Refuse
Piles (Underground Mining Activities).
OSM announced receipt of the proposed amendment in the April 25,
1997, Federal Register (62 FR 20138) and invited public comment on its
adequacy. The public comment period ended May 27, 1997.
During its review of the amendment, OSM identified concerns
relating to Rule 880-X-5A-.22, Orders and Decisions; Rule 880-X-
10C-.40, Coal Mine Waste: Refuse Piles (Surface Mining Activities); and
Rule 880-X-10D-.36, Coal Mine Waste: Refuse Piles (Underground Mining
Activities). On June 16, 1997, OSM notified Alabama of the concerns by
telephone and by fax (Administrative Record No. AL-0572). Alabama
responded in a letter dated July 30, 1997, (Administrative Record No.
AL-0572) by submitting a revision to the amendment and additional
explanatory information.
Alabama proposes revisions to Rule 880-X-5A-.22, Orders and
Decisions; Rule 880-X-10C-.40, Coal Mine Waste: Refuse Piles (Surface
Mining Activities); and Rule 880-X-10D-.36, Coal Mine Waste: Refuse
Piles (Underground Mining Activities).
Specifically, Alabama proposes at Rule 880-X-5A-.22, Orders and
Decisions, to change from 60 days to 30 days the time in which the
hearing officer must make a written decision after the close of any
hearing. For Rule 880-X-10C-.40, Coal Mine Waste: Refuse Piles (Surface
Mining Activities) and Rule 880-X-10D-.36, Coal Mine Waste: Refuse
Piles (Underground Mining Activities), Alabama proposes to issue a
policy statement clarifying that the phrase ``safety factor'' means
``static safety factor.''
III. Public Comment Procedures
OSM is reopening the comment period on the proposed Alabama program
amendment to provide the public an opportunity to reconsider the
adequacy of the proposed amendment in light of the additional materials
submitted. 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 Alabama 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 Birmingham Field Office will
not necessarily be considered in the final rulemaking or included in
the Administrative Record.
IV. Procedural Determinations
Executive Order 12866
This proposed rule is exempted from review by the Office of
Management and Budget (OMB) under Executive Order 12866 (Regulatory
Planning and Review).
[[Page 53997]]
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 901
Intergovernmental relations, Surface mining, Underground mining.
Dated: October 9, 1997.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-27624 Filed 10-16-97; 8:45 am]
BILLING CODE 4310-05-M
