[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 
WOC[email protected]. 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