[Federal Register Volume 63, Number 71 (Tuesday, April 14, 1998)]
[Proposed Rules]
[Pages 18172-18173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9770]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 924
[SPATS No. MS-014-FOR]
Mississippi 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
Mississippi regulatory program (hereafter the ``Mississippi program'')
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).
The proposed amendment consists of revisions to the Mississippi Surface
Coal Mining and Reclamation Law pertaining to the small operator
assistance program, variances from performance standards, enforcement,
and administrative and judicial review proceedings. The amendment is
intended to revise the Mississippi program to be consistent with SMCRA.
This document sets forth the times and locations that the
Mississippi 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 hearings, if one is requested.
DATES: Written comments must be received by 4:00 p.m., c.d.t., May 14,
1998. If requested, a public hearing on the proposed amendment will be
held on May 11, 1998. Requests to speak at the hearing must be received
by 4:00 p.m., c.d.t. on April 29, 1998.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Arthur W. Abbs, Director, Birmingham
Field Office, at the address listed below.
Copies of the Mississippi 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 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.
Department of Environmental Quality, Office of Geology, 2380
Highway 80 West, P.O. Box 20307, Jackson, Mississippi 39289-1307,
Telephone: (601) 961-5500.
FOR FURTHER INFORMATION CONTACT: Arthur W. Abbs, Director, Birmingham
Field Office, Telephone: (205) 290-7282.
SUPPLEMENTARY INFORMATION:
I. Background on the Mississippi Program
On September 4, 1980, the Secretary of the Interior conditionally
approved the Mississippi program. Background information on the
Mississippi program, including the Secretary's findings, the
disposition of comments, and the conditions of approval can be found in
the September 4, 1980, Federal Register (45 FR 48520). Subsequent
actions concerning the conditions of approval and program amendments
can be found at 30 CFR 924.10, 924.12, and 924.16.
II. Description of the Proposed Amendment
By letter dated March 26, 1998 (Administrative Record No. MS-0354),
Mississippi submitted Senate Bill 3116 as a proposed amendment to its
program pursuant to SMCRA. Mississippi submitted the proposed amendment
in response to the required program amendments codified at 30 CFR
924.16 (b), (c), and (d). The Mississippi Legislature amended the
Mississippi Surface Coal Mining and Reclamation Law at section 53-9-26
to clarify an applicant's eligibility for the small operator assistance
program; section 53-9-45 to provide that specified variances for
Reclamation performance standards apply to steep-slope mining; section
53-9-69 to require that a notice of violation shall be issued when a
violation which does not pose an immediate threat is detected and to
authorize the assessment of costs and expenses to certain persons
participating in a judicial review or an administrative review
proceeding under certain circumstances; and section 53-9-77 to clarify
that the availability of judicial review under this section shall not
limit civil litigation rights. A discussion of the amendments to each
section is presented below.
1. Sec. 53-9-26, Small Operator Assistance Program. Mississippi
proposes to change the word ``operation'' to the word ``operator'' in
the phrase ``at all locations of a surface coal mining operation.''
2. Sec. 53-9-45, Variances From Performance Standards. At section
53-9-45(4)(b), Mississippi proposes to remove the reference to
subsection (2) in the phrase ``a variance from the requirement to
restore to approximate original contour set forth in subsection (2) or
(3) of this section.''
3. Sec. 53-9-69, Enforcement and Administrative and Judicial Review
Proceedings
a. At section 53-9-69(1)(c)(i), Mississippi proposes to change the
word ``may'' to the word ``shall'' in the phrase ``the commission,
executive director or the executive director's authorized
representative may issue an order to the permittee or agent of the
permittee.''
b. Mississippi proposes to add the following new provision at
sectopm 53-9-69(4):
(4) When an order is issued under this section, or as a result
of any administrative proceeding under this chapter, at the request
of any person, a sum equal to the aggregate amount of all costs and
expenses, including attorney's fees, as determined by the commission
to have been reasonably incurred by that person for or in
conjunction with that person's participation in the proceedings,
including any judicial review of agency actions, may be assessed
against either party as the court, resulting from judicial review,
or the commission, resulting from administrative proceedings deems
proper.
4. Sec. 53-9-77, Formal Hearings. Mississippi proposes to add the
following new provisions at section 53-9-77(5):
(5) Except as provided in Section 53-9-67, the availability of
judicial review under this section shall not limit any rights
established under Section 53-9-67.
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 Mississippi program.
[[Page 18173]]
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.
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.d.t. on April 29, 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 924
Intergovernmental relations, Surface mining, Underground mining.
Dated: April 6, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-9770 Filed 4-13-98; 8:45 am]
BILLING CODE 4310-05-M
