[Federal Register Volume 62, Number 61 (Monday, March 31, 1997)]
[Rules and Regulations]
[Pages 15115-15117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8104]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 902
[AK-005-FOR, Amendment No. V]
Alaska Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is approving a proposed amendment to the Alaska regulatory program
(hereinafter referred to as the ``Alaska program'') under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA). Alaska proposed
revisions to and additions of rules pertaining to self-bonding. The
amendment revised the Alaska program to be consistent with the
corresponding Federal regulations.
EFFECTIVE DATES: March 31, 1997.
FOR FURTHER INFORMATION CONTACT:
James F. Fulton, Telephone: (303) 844-1424.
SUPPLEMENTARY INFORMATION:
I. Background on the Alaska Program
On March 23, 1983, the Secretary of the Interior conditionally
approved the Alaska program. General background information on the
Alaska program, including the Secretary's findings, the disposition of
comments, and conditions of approval of the Alaska program can be found
in the March 23, 1983, Federal Register (48 FR 12274). Subsequent
actions concerning Alaska's program and program amendments can be found
at 30 CFR 902.15 and 902.16.
II. Proposed Amendment
By letter dated December 12, 1996, Alaska submitted a proposed
amendment to its program pursuant to SMCRA (amendment No. V,
administrative record No. AK-F-1, 30 U.S.C. 1201 et seq.). Alaska
submitted the proposed amendment in response to the required program
amendment at 30
[[Page 15116]]
CFR 902.16(b)(1) (61 FR 48835, 48843; September 17, 1996). The
provisions of the Alaska Administrative Code (AAC) that Alaska proposed
to revise were: 11 AAC 90.207(f)(3), conditions for accepting a self-
bond. The provisions of the Alaska Administrative Code that Alaska
proposed to add were: 11 AAC 90.207(f)(8), definitions of self-bonding
terms.
OSM announced receipt of the proposed amendment in the January 8,
1997, Federal Register (62 FR 1074), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record No. AK-F-2).
Because no one requested a public hearing or meeting, none was held.
The public comment period ended on February 9, 1997.
III. Director's Findings
As discussed below, the Director, in accordance with SMCRA and 30
CFR 732.15 and 732.17, finds that the proposed program amendment
submitted by Alaska on December 12, 1996, is no less effective than the
corresponding Federal regulations. Accordingly, the Director approves
the proposed amendment.
11 AAC 90.207(f) (3) and (8), Self-bonding
On September 17, 1996, OSM at 30 CFR 902.16(b)(1) (finding No. 6,
61 FR 48835, 48837) required Alaska to revise 11 AAC 90.207(f)(3) to
require the applicant for a self-bond that is guaranteed by a corporate
guarantor to retain his or her own agent for service in Alaska and to
further revise 11 AAC 90.207(f) to add definitions for the term ``self-
bond'' and other financial terms used to describe self bonds. In
response to the required amendment, Alaska revised 11 AAC 90.207(f)(3)
by referencing as a condition for acceptance by the Commissioner of the
Department of Natural Resources the requirement that the applicant for
a self-bond that is guaranteed by a corporate guarantor retain an agent
for service in Alaska. The proposed revision is consistent with the
counterpart Federal regulation at 30 CFR 800.23(c)(2), which provides
the specific criteria for approval of a self-bond guaranteed by a
corporate guarantor.
In addition, Alaska proposed new regulations at 11 AAC 90.207(f)(8)
(A) through (H) that provide definitions of the terms ``self-bond,''
``current assets,'' ``current liabilities,'' ``fixed assets,''
``liabilities,'' ``net worth,'' ``parent corporation,'' and ``tangible
net worth.'' The proposed definitions contain language that is
substantively identical to the requirements of the corresponding
Federal regulations at 30 CFR 800.5 and 800.23(a).
For the above reasons, the Director finds that the proposed
revision at 11 AAC 90.207(f)(3) and the proposed addition of
definitions associated with self-bonding are no less effective than the
counterpart Federal regulations. Accordingly, the Director approves the
proposed revision of and additions to these rules and removes the
required amendment at 30 CFR 902.16(b)(1).
IV. Summary and Disposition of Comments
Following are summaries of all substantive written comments on the
proposed amendment that were received by OSM, and OSM's responses to
them.
1. Public comments
In response to OSM's invitation of public comments, an individual
responded on January 26, 1997, that she supported approval of the
amendment (administrative record No. AK-F-5).
2. Federal Agency Comments
Pursuant to 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from various Federal agencies with an actual or
potential interest in the Alaska program (administrative record No. AK-
F-4).
Minerals Management Service, Alaska Outer Continental Shelf Region,
responded on February 19, 1997, that it had no comments on the
amendment (administrative record No. AK-F-6).
The Bureau of Indian Affairs, Juneau Area Office, responded on
February 20, 1997, that it had no comments specific to the amendment
(administrative record No. AK-F-7).
The United States Department of Energy, Alaska Power
Administration, responded on February 20, 1997, that it had no comments
on the proposed amendment (administrative record No. AK-F-8).
The U.S. Fish and Wildlife Service responded on February 13, 1997,
that it had no comments on the amendment (administrative record No. AK-
F-9).
The Bureau of Land Management, Alaska State Office, responded on
February 28, 1997, that it felt that the proposed amendment should be
adopted (administrative record No. AK-F-10).
3. Environmental Protection Agency (EPA) Concurrence and Comments
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to solicit
the written concurrence of EPA with respect to those provisions of the
proposed program amendment that relate to air or water quality
standards promulgated under the authority of the Clean Water Act (33
U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
None of the revisions that Alaska proposed to make in its amendment
pertain to air or water quality standards. Therefore, OSM did not
request EPA's concurrence.
Pursuant to 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from EPA (administrative record No. AK-F-3). It did
not respond to OSM's request.
4. State Historic Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Pursuant to 30 CFR 732.17(h)(4), OSM solicited comments on the
proposed amendment from the SHPO and ACHP (administrative record No.
AK-F-3). Neither the SHPO nor ACHP responded to OSM's request.
V. Director's Decision
Based on the above finding, the Director approves Alaska's proposed
amendment as submitted on December 12, 1996.
The Director approves 11 AAC 90.207(f)(3), concerning conditions of
acceptance for a self-bond, and 11 AAC 90.207(f)(8), concerning
definitions of self-bonding terms.
The Director approves the rules as proposed by Alaska with the
provision that they be fully promulgated in identical form to the rules
submitted to and reviewed by OSM and the public.
The Federal regulations at 30 CFR Part 902, codifying decisions
concerning the Alaska program, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State program amendment process and to encourage States to
bring their programs into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
VI. 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 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 this rule meets the applicable standards of subsections
(a) and (b) of that section. However, these
[[Page 15117]]
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.
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 that 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.
6. Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 902
Intergovernmental relations, Surface mining, Underground mining.
Dated: March 13, 1997.
James F. Fulton,
Acting Regional Director, Western Regional Coordinating Center.
For the reasons set out in the preamble, Title 30, Chapter VII,
Subchapter T of the Code of Federal Regulations is amended as set forth
below:
PART 902--ALASKA
1. The authority citation for part 902 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 902.15 is amended in the table by adding a new entry in
chronological order by ``Date of Final Publication'' to read as
follows:
Sec. 902.15 Approval of Alaska regulatory program amendments.
* * * * *
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Original amendment submission date Date of final publication Citation/description
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* * * * * * *
December 12, 1996.................. [Insert date of publication in the Federal Register]..... 11 AAC 90.207(f) (3) and (8).
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3. Section 902.16 is amended by removing and reserving paragraph
(b)(1).
[FR Doc. 97-8104 Filed 3-28-97; 8:45 am]
BILLING CODE 4310-05-M
