[Federal Register Volume 60, Number 52 (Friday, March 17, 1995)]
[Proposed Rules]
[Pages 14398-14400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6590]
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[[Page 14399]]
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 904
Arkansas Permanent 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 Arkansas permanent regulatory
program (hereinafter, the ``Arkansas program'') under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA). The additional
revisions pertain to statutory revisions concerning the definitions of
``unanticipated event or condition'' and ``lands eligible for
remining.'' The amendment is intended to revise the Arkansas program to
be consistent with SMCRA.
This notice sets forth the times and locations that the Arkansas
program and proposed amendment to that program are available for public
inspection, and the reopened comment period during which interested
persons may submit written comments on the proposed amendment.
DATES: Written comments must be received by 4:00 p.m., c.s.t. April 3,
1995.
ADDRESSES: Written comments should be mailed or hand delivered to James
H. Moncrief at the address listed below.
Copies of the Arkansas program, the proposed amendment, and all
written comments received in response to this notice 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.
James H. Moncrief, Director, Tulsa Field Office, Office of Surface
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 550,
Tulsa, OK 74135, Telephone: (918) 581-7927.
Arkansas Department of Pollution Control and Ecology, P.O. Box 8913,
8001 National Drive, Little Rock, Arkansas 72219-8913, Telephone: (501)
562-6533.
FOR FURTHER INFORMATION CONTACT: James H. Moncrief, Telephone: (918)
581-6430.
SUPPLEMENTARY INFORMATIOIN:
I. Background on the Arkansas Program
On November 21, 1980, the Secretary of the Interior conditionally
approved the Arkansas program. General background information on the
Arkansas program, including the Secretary's findings, the disposition
of comments, and the conditions of approval of the Arkansas program can
be found in the November 21, 1980, Federal Register (45 FR 77003).
Subsequent actions concerning Arkansas's program and program amendments
can be found at 30 CFR 904.12 and 904.15.
II. Proposed Amendment
By letter dated August 26, 1994, Arkansas submitted a proposed
amendment to its program pursuant to SMCRA (administrative record No.
AR-522). Arkansas submitted the proposed amendment at its own
initiative with the intent of making its coal mining statutes
consistent with SMCRA. Arkansas proposed to revise the Arkansas Surface
Coal Mining and Reclamation Act of 1979 at (1) section 5, jurisdiction
and powers for rules and regulations (2) section 13, surface coal
mining permits, and (3) section 15, environmental protection
performance standards.
OSM published a notice in the September 29, 1994, Federal Register
(59 FR 49616) announcing receipt of the amendment and inviting public
comment on the adequacy of the proposed amendment (administrative
record No. AR-526). The public comment period ended October 31, 1994.
During its review of the amendment, OSM identified concerns
relating to Arkansas Code Annotated (ACA) sections 13(k), regarding
remining permit violations, and 15(d)(1), regarding revegetation
performance standards on lands eligible for remining. OSM notified
Arkansas of the concerns by letter dated November 22, 1994
(administrative record No. AR-539). Arkansas responded in a letter
dated March 1, 1995, by submitting a revised amendment package
(administrative record No. AR-540).
In the revised amendment, Arkansas proposes to add the definition
``unanticipated event or condition'' at section 4(18) to mean ``an
event or condition encountered in a remining operation that was not
contemplated by the applicable surface coal mining and reclamation
permit'' and to add the definition ``lands eligible for remining'' at
section 4(19) to mean ``those lands that would otherwise be eligible
for expenditures under Section 6'' of the ACA regarding lands eligible
under the State abandoned mine reclamations program.
III. Public Comment Procedures
OSM is reopening the comment period on the proposed Arkansas
program amendment to provide the public an opportunity to reconsider
the adequacy of the 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 Arkansas program.
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.
IV. Procedural Determinations
1. 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).
2. 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 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 the Federal regulations at 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. [[Page 14400]]
3. 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)).
4. 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.).
5. 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.
V. List of Subjects in 30 CFR Part 904
Intergovernmental relations, Surface mining, Underground mining.
Dated: March 9, 1995.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
[FR Doc. 95-6590 Filed 3-16-95; 8:45 am]
BILLING CODE 4310-05-M
