[Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5629]


[[Page Unknown]]

[Federal Register: March 10, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 924

 

Mississippi Regulatory Program Amendment; Revision of Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Proposed rule; reopening and extension of comment period on 
proposed amendment.

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SUMMARY: OSM is announcing the receipt of corrections to a previously 
proposed amendment to the Mississippi regulatory program (hereinafter 
referred to as the Mississippi program) under the Surface Mining 
Control and Reclamation Act of 1977 (SMCRA). By letter dated December 
9, 1993 (Administrative Record No. MS-319), Mississippi submitted a 
proposed amendment which covered a wide variety of topics. This 
submittal constituted a complete rewrite of the Mississippi regulations 
in order to make them consistent with current Federal regulations and 
amended parts 100 through 265 of the Rules and Regulations for the 
Surface Mining of Coal in Mississippi.
    Review by OSM indicated deficiencies in the proposed amendment of 
December 9, 1992, and OSM so advised the State of Mississippi. On 
February 17, 1994 (Administrative Record No. MS-322), Mississippi 
submitted a corrected amendment in order to remove these deficiencies 
by amending parts 101, 173, 174, 175, 178, 185, 200, 216, 217, 223, and 
245 of the Rules and Regulations for the Surface Mining of Coal in 
Mississippi. The amendment is intended to revise the Mississippi 
program to be consistent with the Federal regulations. OSM is reopening 
the comment period to allow the public sufficient time to consider and 
comment on the corrected amendment.
    This document sets forth the times and locations that the 
Mississippi program and proposed corrections to the amendment to that 
program are available for public inspection, and the comment period 
during which interested persons may submit written comments on the 
proposed amendment.

DATES: Written comments must be received on or before 4 p.m. on April 
11, 1994.

ADDRESSES: Written comments and requests for a hearing should be mailed 
or hand delivered to: Jesse Jackson, Jr., Director, Birmingham Field 
Office, at the address listed below. Copies of the Mississippi program, 
the proposed corrected amendment and all written comments received in 
response to this notice will be available for public review at the 
addresses listed below, Monday through Friday, 9 a.m. to 4 p.m., 
excluding holidays. Each requestor may receive, free of charge, one 
copy of the proposed amendment by contacting OSM's Birmingham Field 
Office.

Office of Surface Mining Reclamation and Enforcement, Birmingham Field 
Office, 135 Gemini Circle, suite 215, Homewood, AL 35209, Telephone: 
(205) 290-7282.
Mississippi Department of Environmental Quality, The Office of Geology, 
Mining and Reclamation, 2380 Highway 80 West, Jackson, MS 39209, 
Telephone: (601) 961-5500.

FOR FURTHER INFORMATION CONTACT:
Jesse Jackson, Jr., Director, Birmingham Field Office, Telephone: (205) 
290-7282.

SUPPLEMENTARY INFORMATION:

I. Background on the Mississippi Program.
II. Discussion of Amendment.
III. Public Comment Procedures.
IV. Procedural Determinations.

I. Background on the Mississippi Program

    On September 4, 1980, the Secretary of the Interior unconditionally 
approved the Mississippi program. Information pertinent to the general 
background on the Mississippi program including the Secretary's 
findings, the disposition of comments and a detailed explanation of the 
conditions of approval can be found in the September 4, 1980, Federal 
Register (45 FR 58520). Subsequent actions concerning the conditions of 
approval and program amendments are identified at 30 CFR 924.10 and 
924.16.

II. Discussion of Amendment

    Since the time of approval of the Mississippi program in 1980, 
there have been changes to the program based on the fact that no mining 
was occurring in the State. However, in October 1988, due to some 
renewed interest in mining activity, Mississippi commenced to rewrite 
its regulations to conform with current Federal regulations. Since that 
time, Mississippi has made several information submittals of the 
rewritten regulation package to OSM. The December 9, 1992, formal 
submittal constituted a complete rewrite of the Mississippi regulations 
with changes to literally every section of the regulations. Due to the 
extensive nature of the rewrite, no attempt was made to identify 
changes made to each individual regulation. The sections proposed to be 
amended are parts 100 through 265 of the Rules and Regulations for the 
Surface Mining of Coal in Mississippi. The changes contained in the 
December 9, 1992, submittal were found to be deficient in a number of 
places. Consequently, the corrections to the amendment contained in the 
submittal of February 17, 1994, are too numerous and dispersed to 
attempt to identify individually, but pertain to parts 101, 173, 174, 
175, 178, 185, 200, 216, 217, 223, and 245 of the Rules and Regulations 
for the Surface Mining of Coal in Mississippi.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is now 
seeking comment on whether the corrected amendment proposed by 
Mississippi satisfy the applicable program approval criteria of 30 CFR 
732.15. If the corrected amendment is deemed adequate, it will become 
part of the Mississippi 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.

IV. Procedural Determinations

Executive Order 12866

    This proposed rule is exempted from review by the Office of 
Management and Budget under Executive Order 12866.

Executive Order 12778

    The Department of the Interior had conducted the reviews required 
by section 2 of Executive Order 12778 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 Environment 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 Act, 42 U.S.C. 4332(2)(C).

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by the Office of Management and Budget under the 
Paperwork Reduction Act, 44 U.S.C. 3507 et seq.

Regulatory Flexibility Act

    The Department of the Interior had 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. Hence, 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.

List of Subjects in 30 CFR Part 924

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 4, 1994.
Robert J. Biggi,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-5629 Filed 3-9-94; 8:45 am]
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