[Federal Register Volume 63, Number 82 (Wednesday, April 29, 1998)]
[Proposed Rules]
[Pages 23403-23405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11342]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 901
[SPATS No. AL-065-FOR]
Alabama Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
-----------------------------------------------------------------------
SUMMARY: OSM is announcing receipt of a proposed amendment to the
Alabama regulatory program (hereinafter the ``Alabama program'') under
the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The
proposed amendment consists of revisions to and additions of statutes
pertaining to the small operator assistance program (SOAP), the repair
of homes and other structures materially damaged by underground coal
mining, and the replacement of affected water supplies. The amendment
is intended to revise the Alabama program to be consistent with SMCRA.
This document sets forth the times and locations that the Alabama
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 hearing, if one is
requested.
DATES: Written comments must be received by 4:00 p.m., c.d.t., May 29,
1998. If requested, a public hearing on the proposed amendment will be
held on May 26, 1998. Requests to speak at the hearing must be received
by 4:00 p.m., c.d.t. on May 14, 1998.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Arthur Abbs, Director, Birmingham Field
Office, at the address listed below.
Copies of the Alabama 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 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 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. Description of the Proposed Amendment
By letter dated April 14, 1998 (Administrative Record No. AL-5079),
Alabama submitted a proposed amendment to its program pursuant to
SMCRA. Alabama submitted the proposed amendment in response to a May
20, 1996, letter (Administrative Record No. AL-0555) and a June 17,
1997, letter (Administrative Record No. AL-0568) that OSM sent to
Alabama in accordance with 30 CFR 732.17(c). Alabama proposes to amend
the Alabama Surface Mining Control and Reclamation Act. The full text
of the proposed program amendment submitted by Alabama is available for
public inspection at the locations listed above under ADDRESSES. A
brief discussion of the proposed amendment is presented below.
A. Section 9-16-82. Permits; Fee
1. Alabama proposes to revise paragraph (c) to read as follows:
(C)(1) If the regulatory authority finds that the probable total
annual production at all locations of any surface coal mining
operator will not exceed 300,000 tons, the cost of the
[[Page 23404]]
following activities, which shall be performed by a qualified public
or private laboratory or such other public or private qualified
entity designated by the regulatory authority, shall be assumed by
the regulatory authority upon the written request of the operator in
connection with a permit application, provided that funds are made
available to the regulatory authority for such purposes by the
Secretary of the U.S. Department of Interior.
(A) The determination of probable hydrologic consequences
required by subsection (b)(10), including the engineering analyses
and designs necessary for the determination.
(B) The development of cross-section maps and plans required by
subsection (b)(13).
(C) The geologic drilling and statement of results of test
borings and core samplings required by subsection (b)(14).
(D) The collection of archaeological information required by
subsection (b)(12) and any other archaeological and historical
information required by the regulatory authority, and the
preparation of plans necessitated thereby.
(E) Pre-blast surveys required by subsection 9-16-90(b)(15)e.
(F) The collection of site-specific resource information and
production of protection and enhancement plans for fish and wildlife
habitats and other environmental values required by the regulatory
authority under this Act.
(2) The regulatory authority shall provide or assume the cost of
training coal operators that meet the qualifications stated in
paragraph (1) concerning the preparation of permit applications and
compliance with the regulatory program, and shall ensure that
qualified coal operators are aware of the assistance available under
this subsection; provided that funds for such purposes are made
available to the regulatory authority by the Secretary of the U.S.
Department of Interior.
2. Alabama proposes to add new paragraph (h) to read as follows:
(h) A coal operator that has received assistance pursuant to
subsection (c)(1) or (2) shall reimburse the regulatory authority
for the cost of the services rendered if the program administrator
finds that the operator's actual and attributed annual production of
coal for all locations exceeds 300,000 tons during the 12 months
immediately following the date on which the operator is issued the
surface coal mining and reclamation permit.
B. Section 9-16-91. Underground Coal Mining; Effects on Surface
Alabama proposes to add new paragraph (e) to read as follows:
(e) Underground coal mining operations conducted after the date
enactment of this section shall comply with each of the following
requirements:
(1) Promptly repair, or compensate for, material damage
resulting from subsidence caused to any occupied residential
dwelling and structures related thereto, or non-commercial building
due to underground coal mining operations. Repair of damage shall
include rehabilitation, restoration, or replacement of the damaged
occupied residential dwelling and structures related thereto, or
non-commercial building. Compensation shall be provided to the owner
of the damaged occupied residential dwelling and structures related
thereto or non-commercial building and shall be in the full amount
of the diminution in value resulting from the subsidence.
Compensation may be accomplished by the purchase, prior to mining,
of a noncancellable premium-prepaid insurance policy.
(2) Promptly replace any drinking, domestic, or residential
water supply from a well or spring in existence prior to the
application for a surface coal mining and reclamation permit, which
has been affected by contamination, diminution, or interruption
resulting from underground coal mining operations. Nothing in this
section shall be construed to prohibit or interrupt underground coal
mining operations.
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 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.
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 May 14, 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,
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
[[Page 23405]]
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: April 21, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-11342 Filed 4-28-98; 8:45 am]
BILLING CODE 4310-05-M
