[Federal Register Volume 60, Number 52 (Friday, March 17, 1995)]
[Proposed Rules]
[Pages 14398-14400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6590]



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[[Page 14399]]

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 904


Arkansas Permanent Regulatory Program

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

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

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SUMMARY: OSM is announcing receipt of revisions pertaining to a 
previously proposed amendment to the Arkansas permanent regulatory 
program (hereinafter, the ``Arkansas program'') under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA). The additional 
revisions pertain to statutory revisions concerning the definitions of 
``unanticipated event or condition'' and ``lands eligible for 
remining.'' The amendment is intended to revise the Arkansas program to 
be consistent with SMCRA.
    This notice sets forth the times and locations that the Arkansas 
program and proposed amendment to that program are available for public 
inspection, and the reopened comment period during which interested 
persons may submit written comments on the proposed amendment.

DATES: Written comments must be received by 4:00 p.m., c.s.t. April 3, 
1995.

ADDRESSES: Written comments should be mailed or hand delivered to James 
H. Moncrief at the address listed below.
    Copies of the Arkansas program, the proposed amendment, and all 
written comments received in response to this notice 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 
Tulsa Field Office.

James H. Moncrief, Director, Tulsa Field Office, Office of Surface 
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 550, 
Tulsa, OK 74135, Telephone: (918) 581-7927.
Arkansas Department of Pollution Control and Ecology, P.O. Box 8913, 
8001 National Drive, Little Rock, Arkansas 72219-8913, Telephone: (501) 
562-6533.

FOR FURTHER INFORMATION CONTACT: James H. Moncrief, Telephone: (918) 
581-6430.

SUPPLEMENTARY INFORMATIOIN:

I. Background on the Arkansas Program

    On November 21, 1980, the Secretary of the Interior conditionally 
approved the Arkansas program. General background information on the 
Arkansas program, including the Secretary's findings, the disposition 
of comments, and the conditions of approval of the Arkansas program can 
be found in the November 21, 1980, Federal Register (45 FR 77003). 
Subsequent actions concerning Arkansas's program and program amendments 
can be found at 30 CFR 904.12 and 904.15.

II. Proposed Amendment

    By letter dated August 26, 1994, Arkansas submitted a proposed 
amendment to its program pursuant to SMCRA (administrative record No. 
AR-522). Arkansas submitted the proposed amendment at its own 
initiative with the intent of making its coal mining statutes 
consistent with SMCRA. Arkansas proposed to revise the Arkansas Surface 
Coal Mining and Reclamation Act of 1979 at (1) section 5, jurisdiction 
and powers for rules and regulations (2) section 13, surface coal 
mining permits, and (3) section 15, environmental protection 
performance standards.
    OSM published a notice in the September 29, 1994, Federal Register 
(59 FR 49616) announcing receipt of the amendment and inviting public 
comment on the adequacy of the proposed amendment (administrative 
record No. AR-526). The public comment period ended October 31, 1994.
    During its review of the amendment, OSM identified concerns 
relating to Arkansas Code Annotated (ACA) sections 13(k), regarding 
remining permit violations, and 15(d)(1), regarding revegetation 
performance standards on lands eligible for remining. OSM notified 
Arkansas of the concerns by letter dated November 22, 1994 
(administrative record No. AR-539). Arkansas responded in a letter 
dated March 1, 1995, by submitting a revised amendment package 
(administrative record No. AR-540).
    In the revised amendment, Arkansas proposes to add the definition 
``unanticipated event or condition'' at section 4(18) to mean ``an 
event or condition encountered in a remining operation that was not 
contemplated by the applicable surface coal mining and reclamation 
permit'' and to add the definition ``lands eligible for remining'' at 
section 4(19) to mean ``those lands that would otherwise be eligible 
for expenditures under Section 6'' of the ACA regarding lands eligible 
under the State abandoned mine reclamations program.

III. Public Comment Procedures

    OSM is reopening the comment period on the proposed Arkansas 
program amendment to provide the public an opportunity to reconsider 
the adequacy of the amendment in light of the additional materials 
submitted. 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 Arkansas program.
    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 Tulsa Field Office will not 
necessarily be considered in the final rulemaking or included in the 
administrative record.

IV. 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 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 (Civil Justice Reform) and has 
determined that 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 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. [[Page 14400]] 

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 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.

V. List of Subjects in 30 CFR Part 904

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 9, 1995.
Charles E. Sandberg,
Acting Assistant Director, Western Support Center.
[FR Doc. 95-6590 Filed 3-16-95; 8:45 am]
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