[Federal Register Volume 62, Number 5 (Wednesday, January 8, 1997)]
[Proposed Rules]
[Pages 1074-1075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-302]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 902
[AK-005, Amendment No. V]
Alaska Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is announcing receipt of a proposed amendment to the Alaska regulatory
program (hereinafter, the ``Alaska program'') under the Surface Mining
Control and Reclamation Act of 1977 (SMCRA). The proposed amendment
consists of revisions to and additions of rules pertaining to self-
bonding. The amendment is intended to revise the Alaska program to be
consistent with the corresponding Federal regulations.
DATES: Written comments must be received by 4:00 p.m., m.s.t., February
7, 1997. If requested a public hearing on the proposed amendment will
be held on February 3, 1997. Requests to present oral testimony at the
hearing must be received by 4:00 p.m., m.s.t., January 22, 1997.
ADDRESSES: Written comments should be mailed or hand delivered to James
F. Fulton at the address listed below.
Copies of the Alaska program, the proposed amendment, 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 Denver Field Division.
James F. Fulton, Chief, Denver Field Division, Western Regional
Coordinating Center, Office of Surface Mining Reclamation and
Enforcement, 1999 Broadway, Suite 3320, Denver, Colorado 80202.
Bob Loeffler, Project Manager, Division of Mining and Water Management,
Department of Natural Resources, 3601 C Street, Suite 800, Anchorage,
Alaska 99503-5935.
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 number V,
administrative record No. AK-F-1, 30 U.S.C. 1201 et seq.). Alaska
submitted the proposed amendment in response to required program
amendments at 30 CFR 902.16(b)(1). The provisions of the Alaska
Administrative Code (AAC) that Alaska proposes to revise and add are 11
AAC 90.207(f)(3), concerning requirements for self-bonds and 11 AAC
90.207(f)(8), concerning definitions of specific terms used for self-
bonding.
Specifically, Alaska is proposing to revise 11 AAC 90.207(f)(3) to
provide, in pertinent part, that the Commissioner [of Natural
Resources] will, in the Commissioner's discretion, accept a written
guarantee from a corporate guarantor if the applicant for a self-bond
meets certain conditions, including designating and maintaining its own
agent for service of process in Alaska.
Alaska proposes the addition of new language at 11 AAC
90.207((f)(8) (A) through (H) to provide definitions for the terms
``self-bond,'' ``current assets,'' ``current liabilities,'' ``fixed
assets,'' ``liabilities,'' ``net worth,'' ``parent corporation,'' and
``tangible net worth'' as follows:
(A) ``self-bond'' means an indemnity agreement in a sum certain
executed by the applicant or by the applicant and any corporate
guarantor and made payable to the regulatory authority with or
without a separate surety;
(B) ``current assets'' means cash or other assets or resources
which are reasonable expected to be converted to cash or sold or
consumed within one year or within the normal operating cycle of the
business;
(C) ``current liabilities'' means obligations which are
reasonably expected to be paid or liquidated within one year or
within the normal operating cycle of the business;
(D) ``fixed assets'' means plants and equipment, but does not
include land or coal in place;
(E) ``liabilities'' means obligations to transfer assets or
provide services to other entities to the future as a result of past
transactions;
(F) ``net worth'' means total assets minus total liabilities and
is equivalent to owners' equity;
(G) ``parent corporation'' means a corporation which owns or
controls the applicant; and
(H) ``tangible net worth'' means net worth minus intangibles
such as good will and rights to patents or royalties.
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 Alaska program.
1. 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 Denver Field Division,
Western Regional Coordinating Center, will not necessarily be
considered in the final rulemaking or included in the administrative
record.
2. Public Hearing
Persons wishing to testify at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
m.s.t., January 23, 1997. Any disabled
[[Page 1075]]
individual who has need for a special accommodation to attend a public
hearing should contact the individual listed under FOR FURTHER
INFORMATION CONTACT. The location and time of the hearing will be
arranged with those persons requesting the hearing. If no one requests
an opportunity to testify 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 testify have been heard. Persons in the audience
who have not been scheduled to testify, and who wish to do so, will be
heard following those who have been scheduled. The hearing will end
after all persons scheduled to testify and persons present in the
audience who wish to testify have been heard.
3. Public Meeting
If only one person requests an opportunity to testify at a hearing,
a 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
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 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 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 private sector.
List of Subjects in 30 CFR Part 902
Intergovernmental relations, Surface mining, Underground mining.
Dated: December 23, 1996.
James F. Fulton,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 97-302 Filed 1-7-97; 8:45 am]
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