[Federal Register Volume 59, Number 73 (Friday, April 15, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8983]
[[Page Unknown]]
[Federal Register: April 15, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Parts 901, 914, 917, 920, 924, 935, 938, 946, and 948
State Program Amendments; Alabama et al.
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; technical amendment.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is making technical amendments to 30 CFR chapter VII, subchapter T,
because the addresses that currently appear require revision. These
changes will affect addresses listed for the following states: Alabama,
Indiana, Kentucky, Maryland, Mississippi, Ohio, Pennsylvania, Virginia,
and West Virginia.
EFFECTIVE DATE: April 15, 1994.
FOR FURTHER INFORMATION CONTACT:
Gloria Prettiman, Branch of Environmental and Economic Analysis, Office
of Surface Mining Reclamation and Enforcement, 1951 Constitution Avenue
NW., Washington, DC 20240; Telephone: 202-343-5144.
SUPPLEMENTARY INFORMATION:
I. Background.
II. Procedural Matters.
I. Background
Since July 1, 1993, the date of the most recent revision to title
30 of the Code of Federal Regulations (30 CFR part 700 to End), the
addresses of certain State and Federal offices involved in the State
regulatory program have changed. Those addresses, as they appear in
title 30 of the CFR, are being revised to indicate where copies of the
State programs are available for inspection and copying in accordance
with the provisions of 30 CFR 732.11(a).
Addresses in the following sections are being revised: Part 901--
Alabama, Part 914--Indiana, Part 917--Kentucky, Part 920--Maryland,
Part 924--Mississippi, Part 935--Ohio, Part 938--Pennsylvania, Part
946--Virginia, and Part 948--West Virginia.
In addition to the address changes, OSM has found a technical error
in Sec. 901.10. The introductory paragraph for Sec. 901.10, as it
appeared in the July 1, 1993 revision of title 30, contains the
following phrase ``approved effective (date of publication).'' It is
obvious that the actual date of publication, which was May 20, 1982,
should have been inserted. Therefore, OSM is inserting that date in
this technical amendment.
II. Procedural Matters
Administrative Procedure Act
The minor revisions contained in this rulemaking are technical in
nature. Accordingly, pursuant to 5 U.S.C. 553(b)(B), it has been
determined that the notice and public comment procedures of the
Administrative Procedure Act are unnecessary. For the same reason, it
has been determined that in accordance with 5 U.S.C. 553(d), there is
good cause to make the rule effective on the date of publication in the
Federal Register.
Executive Order 12866
This technical amendment does not require review by the Office of
Management and Budget under Executive Order 12866.
National Environmental Policy Act
This rule has been reviewed by OSM and it has been determined to be
categorically excluded from the National Environmental Policy Act
(NEPA) process in accordance with the Departmental Manual (516 DM 2
appendix 1.10) and the Council on Environmental Quality Regulations for
Implementing the Procedural Provisions of NEPA (40 CFR 1507.3).
Federal Paperwork Reduction Act
This rule dose not contain collection of information which requires
approval by the Office of Management and Budget under 44 U.S.C. 3501 et
seq.
Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 and has determined that this rule
meets the applicable standards of subsections (a) and (b) of that
section. This technical amendment (1) does not preempt any State or
local laws or regulations; (2) has no retroactive effect; and (3) does
not require administrative proceedings before parties may file suit in
court challenging its provisions.
Regulatory Flexibility Act
The Department of the Interior certifies that this technical
amendment 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 rule merely revises addresses contained in the
regulations.
List of Subjects in 30 CFR Parts 901, 914, 917, 920, 924, 935, 938,
946, and 948
Intergovernmental relations, Surface mining, Underground mining.
Dated: April 4, 1994.
Robert J. Biggi,
Acting Assistant Director, Eastern Support Center.
Accordingly, 30 CFR parts 901, 914, 917, 920, 924, 935, 938, 946
and 948 are amended for the reasons set forth in the preamble.
PART 901--ALABAMA
1. The authority citation for part 901 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 901.10 is revised to read as follows:
Sec. 901.10 State regulatory program approval.
The Alabama State program, as resubmitted on January 11, 1982, and
clarified in a meeting with OSM on April 9, 1982, (See Administrative
Record No. AL-347) and in a letter to the Director, OSM, of May 14,
1982, is conditionally approved, effective May 20, 1982. Beginning on
that date, the Alabama Surface Mining Commission shall be deemed the
regulatory authority in Alabama for all surface coal mining and
reclamation operations and all exploration operations on non-Federal
and non-Indian lands. Only surface coal mining and reclamation
operations on non-Federal and non-Indian lands shall be subject to the
provisions of the Alabama permanent regulatory program. Copies of the
approved program, together with copies of the letter of the Alabama
Surface Mining Commission agreeing to the conditions of 30 CFR 901.11,
are available for inspection at:
(a) Alabama Surface Mining Reclamation Commission, Security Federal
Savings and Loan Building, 811 Second Avenue, Jasper, Alabama 35501.
(b) Office of Surface Mining Reclamation and Enforcement,
Birmingham Field Office, 135 Gemini Circle, Birmingham, Alabama 34209.
3. Section 901.20 is revised to read as follows:
Sec. 901.20 Approval of Alabama abandoned mine land reclamation plan.
The Alabama Abandoned Mine Land Reclamation Plan as submitted on
May 8, 1981, is approved. Copies of the Plan are available at the
following locations:
(a) Office of Surface Mining Reclamation and Enforcement,
Birmingham Field Office, 135 Gemini Circle, Birmingham, Alabama 34209.
(b) Alabama Department of Industrial Relations, 649 Monroe Street,
Montgomery, Alabama 36130.
4. In Sec. 901.25, paragraphs (a) and (b) are revised to read as
follows:
Sec. 901.25 Amendment to approved Alabama abandoned mine land
reclamation plan.
(a) The Alabama amendment, consisting of minor adjustments in the
Alabama policies and procedures regarding land acquisition, management
and disposal of property, and reclamation on private land (liens,
appraisals and rights of entry), as submitted on June 15, 1987, and
modified on January 7, 1988, is approved effective on August 8, 1988.
Copies of the approved program are available at the following
locations.
(1) Office of Surface Mining Reclamation and Enforcement, Eastern
Support Center, Ten Parkway Center, Pittsburgh, Pennsylvania 15220.
(2) Alabama Department of Industrial Relations, 649 Monroe Street,
Montgomery, Alabama 36130.
(3) Office of Surface Mining Reclamation and Enforcement,
Birmingham Field Office, 135 Gemini Circle, Birmingham, Alabama 34209.
(b) The Alabama amendment allowing the State to assume
responsibility for an emergency response reclamation program, as
submitted on April 25, 1990, and modified on August 2, 1990, is
approved effective August 31, 1990. Copies of the approved amendment
are available at the following locations.
(1) Office of Surface Mining Reclamation and Enforcement, Eastern
Support Center, Ten Parkway Center, Pittsburgh, Pennsylvania 15220.
(2) Alabama Department of Industrial Relations, 649 Monroe Street,
Montgomery, Alabama 36130.
(3) Office of Surface Mining Reclamation and Enforcement,
Birmingham Field Office, 135 Gemini Circle, Birmingham, Alabama 34209.
* * * * *
PART 914--INDIANA
5. The authority citation for part 914 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
6. In Sec. 914.10 paragraph (c) is revised to read as follows:
Sec. 914.10 State regulatory program approval.
* * * * *
(c) Copies of the approved program are available for review at:
(1) Office of Surface Mining Reclamation and Enforcement,
Indianapolis Field Office, Minton-Capehart Federal Building, room 301,
575 North Pennsylvania Street, Indianapolis, Indiana 46204.
(2) Indiana Department of Natural Resources, Room 295, 402 West
Washington Street, Indianapolis, Indiana 46204.
7. Sec. 914.20 is revised to read as follows:
Sec. 914.20 Approval of Indiana abandoned mine plan.
The Indiana Abandoned Mine Plan, as submitted and revised, is
approved. Copies of the approved program are available at:
(a) Office of Surface Mining Reclamation and Enforcement,
Indianapolis Field Office, Minton-Capehart Federal Building, room 301,
575 North Pennsylvania Street, Indianapolis, Indiana 46204.
(b) Indiana Department of Natural Resources, Division of
Reclamation, P.O. Box 147, Jasonville, Indiana 47438.
PART 917--KENTUCKY
8. The authority section for part 917 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
9. In Sec. 917.10, paragraph (b) is removed, paragraph (c) is
designated as (b), and paragraph (a) and the newly designated paragraph
(b) are revised to read as follows:
Sec. 917.10 State regulatory program approval.
* * * * *
(a) Office of Surface Mining Reclamation and Enforcement, Lexington
Field Office, 2675 Regency Road, Lexington, Kentucky 40503-2922.
(b) Department for Surface Mining Reclamation and Enforcement,
Number 2, Hudson Hollow Complex, Frankfort, Kentucky 40601.
10. Section 917.20 is revised to read as follows:
Sec. 917.20 Approval of the Kentucky abandoned mine reclamation plan.
The Kentucky Abandoned Mine Reclamation Plan as submitted on June
4, 1981, is approved. Copies of the approved program are available at
the following locations:
(a) Office of Surface Mining Reclamation and Enforcement, Lexington
Field Office, 2675 Regency Road, Lexington, Kentucky 40503-2922.
(b) Kentucky Department of Natural Resources and Environmental
Protection, Division of Abandoned Lands, 618 Peton Trail, Frankfort,
Kentucky 40601.
11. In Sec. 917.21, paragraphs (a) and (b) are revised to read as
follows:
Sec. 917.21 Amendment to approved Kentucky abandoned mine land
reclamation plan.
(a) The Kentucky Amendment, as submitted on December 8, 1982, is
approved. Copies of the approved amendment are available at:
(1) Kentucky Department of Natural Resources and Environmental
Protection, Division of Abandoned Lands, 618 Peton Trail, Frankfort,
Kentucky 40601.
(2) Office of Surface Mining Reclamation and Enforcement, Lexington
Field Office, 2675 Regency Road, Lexington, Kentucky 40503-2922.
(b) The Kentucky Abandoned Mine Reclamation Amendment, as submitted
on March 25, 1985, is approved. Copies of the approved plan are
available at the following locations:
(1) Kentucky Department of Natural Resources and Environmental
Protection, Division of Abandoned Lands, 618 Peton Trail, Frankfort,
Kentucky 40601.
(2) Office of Surface Mining Reclamation and Enforcement, Lexington
Field Office, 2675 Regency Road, Lexington, Kentucky 40503-2922.
* * * * *
PART 920--MARYLAND
12. The authority citation for part 920 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
13. In Sec. 920.10, paragraphs (a) and (b) are revised and
paragraph (c) is removed to read as follows:
Sec. 920.10 State program approval.
* * * * *
(a) Maryland Department of Natural Resources, Water Resources
Administration, Bureau of Mines, 160 South Water Street, Frostburg,
Maryland 21532.
(b) Office of Surface Mining Reclamation and Enforcement,
Harrisburg Field Office, Harrisburg Transportation Center, Third Floor,
Suite 3C, Fourth and Market Streets, Harrisburg, Pennsylvania 17101.
14. Section 920.20 is revised to read as follows:
Sec. 920.20 Approval of Maryland abandoned mine plan.
The Maryland Abandoned Mine Plan, as submitted on March 8, 1982, is
approved. Copies of the approved program are available at the following
locations:
(a) Office of Surface Mining Reclamation and Enforcement,
Harrisburg Field Office, Harrisburg Transportation Center, Third Floor,
Suite 3C, Fourth and Market Streets, Harrisburg, Pennsylvania 17101.
(b) Maryland Department of Natural Resources, Water Resources
Administration, Bureau of Mines, 160 South Water Street, Frostburg,
Maryland 21532.
PART 924--MISSISSIPPI
15. The authority citation for part 924 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
In Sec. 924.10, paragraphs (a)(1) and (a)(2) are revised and
paragraph (a)(3) is removed to read as follows:
Sec. 924.10 State program approval.
(a) * * *
(1) Mississippi Department of Environmental Quality, Office of
Geology, Southport Center, 2380 Highway 80 West, Jackson, Mississippi
39289-1307. Telephone (601) 961-5530.
(2) Office of Surface Mining Reclamation and Enforcement,
Birmingham Field Office, 135 Gemini Circle, Birmingham, Alabama 34209.
Telephone (205) 290-7282.
* * * * *
PART 935--OHIO
16. The authority citation for part 935 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
17. Section 935.10, paragraph (a) is revised and paragraph (b) is
removed and reserved to read as follows:
Sec. 935.10 State regulatory program approval.
* * * * *
(a) Ohio Department of Natural Resources, Division of Reclamation,
Building H-2, 1855 Fountain Square Court, Columbus, Ohio 43224.
18. Section 935.20 is revised to read as follows:
Sec. 935.20 Approval of Ohio Abandoned Mine Land Reclamation Plan.
The Ohio Abandoned Mine Land Reclamation Plan, as submitted on
October 20, 1980, and as revised on November 21, 1980, November 2,
1981, and January 22, 1982, is approved effective August 10, 1982.
Copies of the approved plan are available at the following locations:
(a) Ohio Department of Natural Resources, Division of Reclamation,
Building H-2, 1855 Fountain Square Court, Columbus, Ohio 43224.
(b) Office of Surface Mining Reclamation and Enforcement, Eastland
Professional Plaza, 4480 Refugee Road, suite 201, Columbus, Ohio 43232.
PART 938--PENNSYLVANIA
19. The authority citation for part 938 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
20. Section 938.10, is revised to read as follows:
Sec. 938.10 State regulatory program approval.
The Pennsylvania state program as submitted on February 29, 1980,
as amended on June 9, 1980, as resubmitted on January 25, 1982, and
amended on April 9, 1982, and May 5, 1982, is conditionally approved,
effective on July 31, 1982. Beginning on that date, the Department of
Environmental Resources shall be deemed the regulatory authority in
Pennsylvania for all surface coal mining and reclamation operations and
for all exploration operations on non-Federal and non-Indian lands.
Only surface coal mining and reclamation operations on non-Federal and
non-Indian lands shall be subject to the provisions of the Pennsylvania
permanent regulatory program. Copies of the approved program, together
with copies of the letter of the Department of Environmental Resources
agreeing to the conditions in 30 CFR 938.11 are available at the
following locations:
(a) Pennsylvania Department of Environmental Resources, Market Street
State Office Building, 400 Market Street, P.O. Box 2063, Harrisburg,
Pennsylvania 17101-2063; Telephone: (717) 787-4686.
(b) Office of Surface Mining Reclamation and Enforcement, Third Floor,
suite 3C, Harrisburg Transportation Center, 4th and Market Streets,
Harrisburg, Pennsylvania 17101; Telephone: (717) 782-4036.
21. Section 938.20 is revised to read as follows:
Sec. 938.20 Approval of Pennsylvania Abandoned Mine Land Reclamation
Plan.
The Pennsylvania Abandoned Mine Land Reclamation Plan as submitted
on November 3, 1980, is approved. Copies of the approved Plan are
available at the following locations:
(a) Pennsylvania Department of Environmental Resources, Bureau of
Abandoned Mine Reclamation, Market Street State Office Building, 400
Market Street, P.O. Box 2063, Harrisburg, Pennsylvania 17105-2063.
(b) Office of Surface Mining Reclamation and Enforcement, Harrisburg
Field Office, Harrisburg Transportation Center, Third Floor, suite 3C,
Fourth and Market Streets, Harrisburg, Pennsylvania 17101.
PART 946--VIRGINIA
22. The authority citation for part 946 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
23. In Sec. 946.10, paragraphs (a) and (b) are being revised and
paragraphs (c) and (d) are removed to read as follows:
Sec. 946.10 State regulatory program approval.
* * * * *
(a) Virginia Division of Mined Land Reclamation, P.O. Drawer 900,
Big Stone Gap, Virginia 24219.
(b) Office of Surface Mining Reclamation and Enforcement, Big Stone
Gap Field Office, P.O. Drawer 1216, Powell Valley Square Shopping
Center, room 220, Route 23, Big Stone Gap, Virginia 24219.
24. In Sec. 946.20, paragraphs (a) and (b) are revised and
paragraph (c) is removed to read as follows:
Sec. 946.20 Abandoned mine land reclamation plan approval.
* * * * *
(a) Virginia Division of Mined Land Reclamation, P.O. Drawer 900,
Big Stone Gap, Virginia 24219.
(b) Office of Surface Mining Reclamation and Enforcement, Big Stone
Gap Field Office, P.O. Drawer 1216, Powell Valley Square Shopping
Center, room 220, Route 23, Big Stone Gap, Virginia 24219.
25. Section 946.25 is revised to read as follows:
Sec. 946.25 Amendments to approve Virginia abandoned mine land
reclamation plan.
Virginia AMLR Amendment, as submitted on February 3, 1987, and
modified on July 27, 1987, is approved effective November 13, 1987.
Copies of the approved amendment are available at:
(a) Virginia Division of Mined Land Reclamation, P.O. Drawer 900, Big
Stone Gap, Virginia 24219.
(b) Office of Surface Mining Reclamation and Enforcement, Big Stone Gap
Field Office, P.O. Drawer 1216, Powell Valley Square Shopping Center,
room 220, Route 23, Big Stone Gap, Virginia 24219.
PART 948--WEST VIRGINIA
26. The authority citation for Part 948 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
27. In Sec. 948.10, paragraph (b) is removed and paragraph (c) is
redesignated as paragraph (b) and revised to read as follows:
Sec. 948.10 State regulatory program approval.
* * * * *
(b) West Virginia Division of Environmental Protection, 10 McJunkin
Road, Nitro, West Virginia 25143.
28. In Sec. 948.20, paragraph (a) is revised and paragraph (c) is
removed to read as follows:
Sec. 948.20 Approval of the State abandoned mine reclamation plan.
* * * * *
(a) West Virginia Division of Environmental Protection, 10 McJunkin
Road, Nitro, West Virginia 25143.
* * * * *
[FR Doc. 94-8983 Filed 4-14-94; 8:45 am]
BILLING CODE 4310-05-M
