[Federal Register Volume 62, Number 68 (Wednesday, April 9, 1997)]
[Proposed Rules]
[Pages 17141-17142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9101]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 3400, 3410, 3420, 3440, 3450, 3460, 3470, 3480
[WO-320-1320-02-1A]
RIN 1004-AD11
Coal Management Regulations
AGENCY: Bureau of Land Management, Interior.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: The Bureau of Land Management (BLM) requests comments to
assist in the revision of its regulations governing coal operations on
Federally leased lands. The purpose of the revision is to clarify and
streamline current processes and policies related to exploration and
post-lease actions and to comply with the President's Government-wide
regulatory reform initiative to eliminate, streamline, or rewrite
regulations in plain English. The proposed rule will reorganize,
clarify and revise portions of the existing Federal coal management
program regulations, including exploration licenses, lease suspensions,
lease administration, diligence, and exploration and mining operations
on leased Federal coal. Many of the changes contemplated will be
administrative and procedural in nature and provide more explicit and
coherent direction for situations not anticipated by the existing
regulations.
DATES: BLM will accept comments until 5:00 p.m. Eastern time on May 9,
1997. BLM will not necessarily consider comments received after this
time in developing the proposed rule or include them in the
administrative record.
ADDRESSES: Commenters may mail written comments to the Bureau of Land
Management, Administrative Record, Room 401LS, 1849 C Street, NW,
Washington, D.C. 20240; or hand-deliver written comments to the Bureau
of Land Management, Administrative Record, Room 401, 1620 L Street, NW,
Washington, D.C. See the Supplementary Information section for the
electronic access and filing address. Comments will be available for
public review at the L Street address from 7:45 a.m. to 4:15 p.m.
Eastern time, Monday through Friday, excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Bill Radden-Lesage, (202) 452-0350
(Commercial or FTS).
[[Page 17142]]
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Description of Information Solicited
I. Public Comment Procedures
Your written comments should be specific; be confined to issues
outlined in the notice; explain the reason for any recommended change;
and where possible, reference the specific section or paragraph of the
current regulations which you are addressing. BLM appreciates any and
all comments, but those most useful and likely to influence decisions
on the content of the proposed rule are those that either are supported
by quantitative information or studies or include citations to and
analyses of the applicable laws and regulations. Except for comments
provided in electronic format, commenters should submit two copies of
their written comments, where practicable. Comments received after the
time indicated under the Dates section or at locations other than those
listed in the Addresses section will not necessarily be considered or
included in the administrative record of this rule.
Electronic Access and Filing Address
Commenters may transmit comments electronically via the Internet to
WOComment@wo.blm.gov. Please submit comments as an ASCII file and avoid
the use of special characters or encryption. Please include ``Attn:
AD11'' and your name and address in your message. If you do not receive
a confirmation from the system that we have received your Internet
message, contact us directly at (202) 452-5030.
II. Background
On July 12, 1991, BLM published a proposed rule to simplify and
streamline existing Federal coal management program regulations at 43
CFR Parts 3400, 3410, 3420, 3440, 3450, 3460, 3470, and 3480 (56 FR
32002). This rule proposed to revise portions of the existing Federal
coal management program regulations, specifically those relating to
exploration licenses, lease suspensions, lease management, diligence,
and exploration. In response to this proposal, BLM received 31 sets of
comments. The initial comment period was to close on September 12,
1991, but was extended an additional 30 days, closing on October 12,
1991. Subsequently, BLM completed its analysis and prepared a draft
final rule.
On March 4, 1995, the President issued a memorandum to all Federal
Departments and Agencies directing them to simplify their regulations.
BLM reviewed its rules and identified about 1,000 pages in the Code of
Federal Regulations that would be eliminated, streamlined or rewritten
in ``plain English.'' Because the draft rules were written before the
regulatory reform initiative, they were not written in plain English
and therefore, required redrafting.
In October 1996, the National Mining Association (NMA) requested
that BLM repropose this rulemaking due to the Association's perception
that substantial restructuring and other changes in the electric
utility industry have occurred since the comment period on the 1991
proposed rule. NMA asserted that additional public comment was
warranted due to deregulation of the electric transmission industry,
implementation of the Clean Air Act Amendments of 1990, the need to
preserve industry's flexibility to accommodate dynamic changes in coal
markets, and the need to avoid imposing additional regulatory burdens.
BLM also received a request from a Senator in a prominent coal-
producing State objecting to final promulgation of the 1991 regulations
due to his concern that there have been changes in the market since
1991. To give interested members of the public the opportunity to
identify any changes in the industry and coal markets which may not
have been considered in the 1991 proposal and to recommend regulatory
modifications that may be warranted as a consequence of these changed
circumstances, BLM withdrew the 1991 rulemaking on its coal management
program on February 14, 1997 (see 62 FR 6910). This notice is intended
to solicit additional information relating to any relevant changes
which have occurred since 1991 in the coal industry and coal markets
and how such changes affect BLM's regulatory program.
III. Description of Information Solicited
Many of the changes BLM is planning to make are for the purpose of
streamlining and clarifying the coal management regulations. Readers
should note that BLM does not plan to address public participation in
the coal leasing process in this rulemaking effort. That topic will be
addressed separately, in connection with a pending case, Environmental
Policy Institute v. Baca, No. 93-5029 (D.C.Cir.), appealing NRDC v.
Jamison, 815 F.Supp. 454 (1992). Therefore, BLM is not soliciting
comments on public participation in the coal leasing process at this
time. Nor is BLM now soliciting additional comment on issues raised by
our pending logical mining units rule, which was proposed on December
28, 1994 (59 FR 66874).
Areas we are considering for proposed revision include, but are not
limited to the following:
Definitions of terms, including ``commercial quantities,''
``continued operation,'' and ``maximum economic recovery;''
Incidental exploration;
Duration of licenses to mine;
Application of 30 U.S.C. 201(a)(2)(A) to lessee
qualifications;
Acceptable payment instruments for fees and rentals;
Clarification that the 8% royalty rate for coal produced
by underground mining operations does not apply to existing leases
issued with a higher royalty rate;
Types of lease assignments requiring BLM approval;
Notification requirements for lease readjustments;
Use of the Office of Surface Mining Applicant Violator
System under 30 CFR 773.15(b) to screen applicants;
Lease suspensions;
Use or sale of coal extracted for ``test burns'';
Royalty rate reductions; and
Inspection and enforcement and production verification.
Other revisions to the current coal management regulations may also
be considered, but in general, the scope of this rulemaking is expected
to be limited to exploration and post-lease actions.
BLM requests specific quantitative information and documentation as
to:
(1) changes in the coal industry and markets since 1991;
(2) how these changes relate to the current rules;
(3) the impacts of these changes (and their extent or magnitude) on
coal operations on Federal lands and non-Federal lands; and
(4) any suggestions as to how these impacts can be addressed within
the current statutory or regulatory framework, and if they cannot be
addressed within the current regulations, the need for and nature of
any regulatory changes suggested.
We also welcome suggestions for consolidation, reorganization, and
improvements in clarity and readability.
Dated: April 3, 1997.
Sylvia V. Baca,
Acting Assistant Secretary for Land and Minerals Management.
[FR Doc. 97-9101 Filed 4-8-97; 8:45 am]
BILLING CODE 4310-84-P
